Criminal Law Proper PDF

BOOK 1: FUNDAMENTAL PRINCIPLES
BOOK1 Q:Howarepenallawsconstrued?

I.FUNDAMENTALPRINCIPLES A: Liberally construed in favor of offender and
strictlyagainstthestate.
A.DEFINITIONOFCRIMINALLAW
Note: In cases of conflict with official translation,
Q:Whatiscriminallaw? originalSpanishtextiscontrolling.

A:Criminallawisthatbranchoflaw,whichdefines Q:Whatarethebasicmaximsincriminallaw?
crimes,treatsoftheirnature,andprovidesfortheir
punishment. A:
1. Nullum crimen, nulla poena sine lege
Q:Whatarethetheoriesincriminallaw? (There is no crime when there is no law
punishing the same) No matter how
A: wrongful,evilorbadtheactis,ifthereis
1. Classical theory the basis of criminal no law defining the act, the same is not
liability is human free will and the consideredacrime.
purposeofthepenaltyisretribution.Itis
endeavoredtoestablishamechanicaland 2. Actus non facit reum, nisi mens sit rea
direct proportion between crime and (The act cannot be criminal where the
penalty, and there is scant regard to the mind is not criminal) This is true to a
humanelement. felony characterized by dolo, but not a
felonyresultingfromculpa.Thismaximis
Note: RPC is generally governed by this not an absolute one because it is not
theory. appliedtoculpablefelonies,orthosethat
resultfromnegligence.
2. Positivist theory the basis of criminal
liability is the sum of the social, natural 3. Doctrine of Pro Reo Whenever a penal
and economic phenomena to which the lawistobeconstruedorappliedandthe
actorisexposed.Thepurposesofpenalty law admits of two interpretations, one
are prevention and correction. This lenient to the offender and one strict to
theory is exemplified in the provisions theoffender,thatinterpretationwhichis
regarding impossible crimes and habitual lenient or favorable to the offender will
delinquency. beadopted.

3. Eclectic or Mixed theory It is a 4. Actusmeinvitofactusnonestmeusactus
combination of positivist and classical (Anactdonebymeagainstmywillisnot
thinking wherein crimes that are my act) Whenever a person is under a
economic and social in nature should be compulsion of irresistible force or
dealtinapositivemanner,thus,thelawis uncontrollable fear to do an act against
morecompassionate.Ideally,theclassical his will, in which that act produces a
theory is applied to heinous crimes, crime or offense, such person is
whereas,thepositivistismadetoworkon exempted in any criminal liability arising
economicandsocialcrimes. fromthesaidact.

4. Utilitarian or Protective theory the Q:Whatisthedefinitionofacrime?
primarypurposeofthepunishmentunder
criminal law is the protection of society A: A crime is the generic term used to refer to a
from actual and potential wrongdoers. wrongdoing punished either under the RPC or
The courts, therefore, in exacting underthespeciallaw.
retribution for the wronged society,
shoulddirectthepunishmenttopotential Q:Whatarethevariousclassificationsofcrimes?
or actual wrongdoers, since criminal law
is directed against acts or omissions A:
which the society does not approve. 1. Astothecommission
Consistent with this theory is the mala a. Dolo or felonies committed with
prohibita principle which punishes an deliberateintent
offense regardless of malice or criminal b. Culpaorthose committedby means
intent. offault
1
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
V ICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011

A:
2. Astothestageofexecution 1. PiracyinPhilippinewaters
a. Attempted 2. Brigandageinthehighways
b. Frustrated (bothunderPD532)
c. Consummated
Note:Likewise,whenthespeciallawsrequirethatthe
3. Astogravity punished act be committed knowingly and willfully,
a. Gravefelonies criminalintentisrequiredtobeprovedbeforecriminal
b. Lessgravefelonies liabilitymayarise.
c. Lightfelonies
Q: If a special law uses the nomenclature of
4. Astocount penalties in the RPC, what is the effect on the
a. Compositeorspecialcomplex natureofthecrimecoveredbythespeciallaw?
b. Complex,underArt.48
c. Continuing A: Even if a special law uses the nomenclature of
penalties under the RPC, that alone will not make
5. Classificationoffeloniesasto theactoromissionacrimemalainse.Thespecial
a. Formal felonies those which are law may only intend the Code to apply as a
always consummated. (e.g. physical supplementary. (People v. Simon, G.R. No. 93028,
injuries) July29,1994)
b. Materialfeloniesthosewhichhave
variousstagesofexecution. Q: What are the distinctions between crimes
c. Those which do not admit of the punished under the RPC and crimes punished
frustratedstage.(e.g.rapeandtheft) underspeciallaws?

6. Astonature A:
a. Malainse CRIMESUNDER
CRIMESUNDERTHERPC
b. Malaprohibita SPECIALLAW

Usuallycrimesmala
Q:Whatisthedifferencebetweencrimesmalain Involvecrimesmalainse.
prohibita
seandcrimesmalaprohibita?
Astomoraltraitoftheoffender
A:
Itisconsidered.Thisiswhy
Malainse Malaprohibita Itisnotconsidered.It
liabilitywouldonlyarise
Acts or omissions which Actswhicharemadeevil isenoughthatthe
whenthereisdoloorculpa
areinherentlyevil. because there is a law prohibitedactwas
inthecommissionofthe
prohibitingit. voluntarydone.
punishableact
PunishedundertheRPC Violationsofspeciallaws
Astouseofgoodfaithasdefense
Note:Notallviolationsof
special laws are mala Itisavaliddefense unless
prohibita. thecrimeistheresultof Itisnotadefense.
culpa.
Even if the crime is
Astothedegreeofaccomplishmentofthecrime
punished under a special
law, if the act punished is Thereareno
one which is inherently attemptedor
wrong,thesameismalum frustratedstages,
inse,and,therefore,good Mayadmitattempted
unlessthespeciallaw
faith and the lack of and/orfrustratedstages
expresslypenalizesthe
criminal intent is a valid
mereattemptor
defense; unless it is the
product of criminal
frustrationofthe
negligenceorculpa. crime
Astomitigatingandaggravatingcircumstances

Q: What are violations of special laws which are Not takenintoaccount
Takenintoaccountin
consideredmalainse? inimposingthe
imposingthepenaltysince
penalty.Asan
themoraltraitofthe
exception,whenthe
offenderisconsidered
speciallawusesthe
2 CRIMINALLAWTEAM:
ADVISER:JUDGERICOSEBASTIAND.LIWANAG;SUBJECTHEAD:ZANDYA.ZACATE;ASST.SUBJECTHEADS:ANNAFEABAD&PAULROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERTDECLARO,ERIKGALLARDO,KINGJAMESCARLOHIZON,CARMINAMAEMANALO,FAYEANGELAPASCUA,ANTHONYROBLES,RAISSA
SAIPUDIN,ADRIANVALBUENA
nomenclatureofthe
penaltiesunderthe Q:WhatisaPhilippineship?
RPC,thecircumstances
canbeconsidered. A: One that is registered in accordance with
Philippinelaws.Ifthevesselisinthehighseas,itis
Astothedegreeofparticipation ofoffender
considered as an extension of the Philippine
Whenthereismorethan territory and the Philippines still has jurisdiction.
Itisnotconsidered.All
oneoffender,thedegreeof But if the vessel is within the territory of another
whoperpetratedthe
participationofeachinthe country, jurisdiction is generally with the foreign
prohibitedactare
commissionofthecrimeis Statebecausepenallawsareprimarilyterritorialin
penalizedtothesame
takenintoaccountin application.
extent.Thereisno
imposingthepenalty;thus,
principal,accomplice
offendersareclassifiedas Q: What are the requirements of an offense
oraccessoryto
principal,accompliceand committedwhileonaPhilippineshiporairship?
consider.
accessory.
A:
Q:Whatisthelegalbasisforpunishment? 1. The ship or airship must be registered
withthePhilippineBureauofCustoms.
A: The power to punish violators of criminal law 2. The ship must be in the high seas or the
comeswithinthepolicepowerofthestate.Itisthe airshipmustbeininternationalspace.
injuryinflictedtothepublicwhichacriminalaction
seeks to redress, and not the injury to the Note: Under International Law rule, a vessel which is
individual. not registered in accordance with the laws of any
country is considered a private vessel and piracy is a
B.SCOPEOFAPPLICATIONANDCHARACTERISTICS crimeagainsthumanityingeneral,suchthatwherever
OFTHEPHILIPPINECRIMINALLAW piratesmaygo,theycanbeprosecuted.

Q: What are the two scopes of application of the Q: What are the two recognized rules on
RPC? jurisdictionovermerchantvessels?

A: A:TheFrenchruleandtheEnglishrule.Theserules
1. Intraterritorial refers to the application refer to the jurisdiction of one country over its
oftheRPCwithinthePhilippineterritory merchant vessels situated in another country.
These do not apply to war vessels over which a
2. Extraterritorialreferstotheapplication countryalwayshasjurisdiction.
of the RPC outside the Philippine
territory. Q:WhatistheFrenchrule?

Q: In what cases does the RPC have an A:TheFrenchrulerecognizesthejurisdictionofthe
extraterritorialapplication? flag country over crimes committed on board the
vessel except if the crime disturbs the peace and
A:Againstthosewho: orderandsecurityofthehostcountry.
1. Should commit an offense while on a
Philippineshiporairship Q:WhatistheEnglishrule?
2. Should forge or counterfeit any coin or
currencynoteofthePhilippineIslandsor A:TheEnglishrulerecognizesthatthehostcountry
obligations and securities issued by the has jurisdiction over crimes committed on board
GovernmentofthePhilippineIslands the vessel unless they involve the internal
3. Should be liable for acts connected with managementofthevessel.
the introduction into these islands of the
obligations and securities mentioned in Note:Theeffectonjurisdictionofbothrulesisalmost
theprecedingnumber the same because the general rule of one is the
exceptionoftheother.
4. Whilebeingpublicofficersoremployees,

shouldcommitanoffenseintheexercise
Q:Whatistheruleonforeignmerchantvesselsin
oftheirfunctions;or
possessionofdangerousdrugs?
5. Should commit any of the crimes against

national security and the law of nations.

(Art.2,RPC)

3

A: 7. Malversation of Public Funds or Property
1. Intransitpossessionofdangerousdrugs (Art.217)
isnotpunishable,buttheuseofthesame 8. FailuretoRenderAccounts(Art.218)
ispunishable. 9. Failure to Render Accounts Before
2. Not in transit mere possession of LeavingtheCountry(Art.219)
dangerousdrugsispunishable. 10. Illegal Use of Public Funds or Property
(Art.220)
Q:Whenisforgerycommitted? 11. Failure to Make Delivery of Public Funds
orProperty(Art.221)
A: Forgery is committed by giving to a treasury or 12. Falsification(Art.171)
bank note or any instrument payable to bearer or
to order the appearance of a true genuine Q:Whatarethecharacteristicsofcriminallaw?
documentorbyerasing,substituting,counterfeiting
oraltering,byanymeans,thefigures,letters,words A:
orsigncontainedtherein. 1. Generality means that the criminal law
of the country governs all persons within
Note: If forgery was committed abroad, it must refer the country regardless of their race,
only to Philippine coin, currency note, or obligations belief,sex,orcreed.
andsecurities.
Note:Thetermgeneralityhasnoreference
Obligations and securities of the GSIS, SSS, and toterritory.Itreferstopersonsthatmaybe
Landbank are NOT of the government because they governedbythepenallaw.
haveseparatecharters.
2. Territorialitymeansthatthepenallaws
Those who introduced the counterfeit items are ofthecountryhaveforceandeffectonly
criminally liable even if they were not the ones who withinitsterritory.
counterfeited the obligations and securities. On the

other hand, those who counterfeited the items are
Note: The territorial application of criminal
criminally liable even if they did not introduce the
laws is again subject to certain exceptions
counterfeititems.
brought about by treaties or international
agreements.
Q:Whendoesapublicofficeroremployeecommit
anoffenseintheexerciseoftheirfunctions? Certain exceptions to the territorial
applicationofcriminallawsarealsooutlined
A:Asageneralrule,theRPCgovernsonlywhenthe underArt.2oftheRPC.
crime committed pertains to the exercise of the
public officials functions, those having to do with 3. Prospectivity means that acts or
the discharge of their duties in a foreign country. omissions will only be subject to a penal
The functions contemplated are those, which are, law if they are committed after a penal
underthelaw,tobeperformedbythepublicofficer lawhadalreadytakeneffect.
intheForeignServiceofthePhilippinegovernment
inaforeigncountry. Note:Thisisalsocalledirretrospectivity.

Note:Thisruleisnotabsolute.TheRPCgovernsifthe Q: What are the exceptions to the rule on
crimewascommittedwithinthePhilippineEmbassyor generalityofpenallaws?
withintheembassygroundsinaforeigncountry.This
is because embassy grounds are considered an A:Exceptionsbroughtaboutby:
extensionofsovereignty.

1. Treaty stipulations and international
Q:Whatarethecrimesincluded?
agreements. E.g. RPUS Visiting Forces

Accord.
A:

1. DirectBribery(Art.210)
2. LawsofPreferentialApplication
2. IndirectBribery(Art.211)

3. QualifiedBribery(Art.211A) Note: RA 75 penalizes acts which would
4. Corruption(Art.212) impair the proper observance by the
5. FraudAgainstPublicTreasuryandSimilar Republic and its inhabitants of the
Offenses(Art.213) immunities, rights, and privileges of duly
6. Possession of Prohibited Interest (Art.
216)
4 CRIMINALLAWTEAM:
accredited foreign diplomatic

representativesinthePhilippines. Note: An ex post facto law is one wherein if given a
retroactive application will be prejudicial to the
3. Theprinciplesofpublicinternationallaw accused.

a. Sovereignsandotherchiefsofstates A bill of attainder is a legislative act which inflicts
b. Ambassadors, ministers, punishments without trial. Its essence is the
plenipotentiary, ministers resident, substitution of a legislative act for a judicial
andchargesdaffaires. determinationofguilt.

Note: Consuls, viceconsuls, and other 2. No person shall be held to answer for a
commercial representatives of foreign criminal offense without due process of
nation are not diplomatic officers. Consuls law. (Sec. 14, [1], Art. III, 1987
aresubjecttothepenallawsofthecountry Constitution)
wheretheyareassigned.
3. No person shall be deprived of life,
Q: What is the exception to the prospective liberty, or property without due process
applicationofpenallaws? oflaw,norshallanypersonbedeniedthe
equalprotectionofthelaws.(Sec.1,Art.
A: Whenever a new statute dealing with crime III,1987Constitution)
establishesconditionsmorelenientorfavorableto
theaccused. 4. Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
Note: The retroactive effect shall benefit the accused inflicted.(Sec. 19 [1], Art. III, 1987
evenifatthetimeofthepublicationofthelaw,afinal Constitution)
judgment has been pronounced and the convict is
servingsentence. ActProhibitingtheImpositionofDeathPenaltyin
thePhilippines(R.A.9346)
Q:Whatistheexceptiontotheexception?
Q:Isthedeathpenaltyalreadyabolished?
A:Thenewlawcannotbegivenretroactiveeffect:
A: No. What is prohibited under R.A. 9346 is only
1. Where the new law is expressly made theimpositionofdeathpenalty.
inapplicabletopendingactionsorexisting
causesofactions. Note:However,thecorrespondingcivilliabilityshould
2. Wheretheoffenderisahabitualcriminal. bethecivilliabilitycorrespondingtodeath.(Peoplev.
Salome,G.R.No.169077,Aug.31,2006)
C.CONSTITUTIONALLIMITATIONSONTHEPOWER
OFCONGRESSTOENACTPENALLAWSINTHEBILL Q: What penalty would be imposed in lieu of the
OFRIGHTS deathpenalty?

Q:Whohasthepowertoenactpenallaws? A: In lieu of the death penalty, the following shall
beimposed:
A: Only the legislative branch of the government
canenactpenallaws. 1. Reclusion perpetua when the law
violated makes use of the nomenclature
Note: While the President may define and punish an ofthepenaltiesoftheRPC;or
actasacrime,suchexerciseofpowerisnotexecutive
butlegislativeashederivessuchpowerfromthelaw 2. Lifeimprisonmentwhenthelawviolated
makingbody.Itisinessence,anexerciseoflegislative does not make use of the nomenclature
powerbytheChiefExecutive. of the penalties of the RPC. (Sec.2)
Q: What are the constitutional limitations on the

rightoftheLegislaturetoenactpenallaws?
A:
1. No ex post facto law or bill of attainder
shall be enacted. (Sec. 22, Art. llI, 1987
Constitution)
5

II.FELONIES purely a mental process is presumed.
Such presumption arises from the proof
Q:Whatarefelonies? of commission of an unlawful act. A
mental state, hence, its existence is
A:Feloniesareactsoromissionspunishablebythe shownbyovertacts.
RPC.
Note: If there isNO criminalintent,the act
Note:Omissionmeansinaction,thefailuretoperform is justified. Offender incurs NO criminal
apositivedutywhichoneisboundtodo. liability. E.g. The existence of a lawful or
insuperable cause, commission by mere
There must be a law requiring a certain act to be accident.
performedandthepersonrequiredtodotheactfails
toperformit. 2. Freedomofactionvoluntarinessonthe
part of the person to commit the act or
Punishable under the RPC means this element of a omission.
felonyisbaseduponthemaxim,nullumcrimen,nulla
poenasinelege,thatis,thereisnocrimewherethere Note: If there is lack of freedom, the
isnolawpunishingit. offenderisexemptfromliability.Exampleis
the presence of irresistible force or
Q:Howarefeloniescommitted? uncontrollablefear.

A: Felonies are committed not only by means of Note:Thewordvoluntarinessincriminallaw
deceit(dolo)butalsobymeansoffault(culpa). doesnotmeanactinginone'sownvolition.
In criminal law, voluntariness comprehends
Q:Whatarethekindsoffelonies? the concurrence of freedom of action,
intelligence and the fact that the act was
A: intentional.
1. Intentionalfelonies(Dolo)
2. Culpablefelonies(Culpa) 3. Intelligencemeansthecapacitytoknow
and understand the consequences of
Q: What are the distinctions between intentional one'sact.
felonyandculpablefelony?
Note: If there is lack of intelligence, the
A: offender is exempt from liability. E.g. is
whentheoffenderisanimbecile,insane,or
DOLO CULPA under15yearsofage.
Actis
Notmalicious
malicious Note: If any of these requisites is absent, there is no
With Injurycausedisunintentionalbeing dolo.Ifthereisnodolo,therecouldbenointentional
deliberate incidentofanotheractperformed felony.
intent withoutmalice
Wrongfulactresultsfrom Q:Whataretherequisitesofculpa?
Hasintention
imprudence,negligence,lackof
tocauseinjury A:
foresightorlackofskill
1. Criminal negligence on the part of the

offender,thatis,thecrimewastheresult
Q: What is an act in contemplation of criminal
of negligence, reckless imprudence, lack
law?
offoresightorlackofskill.

A:Anactreferstoanykindofbodymovementthat
Note: Negligence indicates deficiency of
produceschangeintheoutsideworld.Theactmust
perceptionorfailuretopayattentionandto
be an external act which has a direct connection use diligence in foreseeing the injury or
withthefelonyintendedtobecommitted. damage impending to be caused. It usually
involveslackofforesight.
Q:Whataretherequisitesofdolo?
Imprudenceindicatesdeficiencyofactionor
A: failure to take the necessary precaution to
1. Criminal intent the purpose to use a avoid injury to person or damage to
particular means to effect such result. property.Itusuallyinvolveslackofskill.
Intenttocommitanactwithmalicebeing
6 CRIMINALLAWTEAM:
BOOK 1: Felonies
2. Freedom of action on the part of the 2. SpecificcriminalintentIsnotpresumed

offender,thatis,hewasnotactingunder becauseitisaningredientorelementofa
duress. crime, like intent to kill in the crimes of
attempted or frustrated
3. Intelligenceonthepartoftheoffenderin homicide/parricide/murder. The
performingthenegligentact. prosecutionhastheburdenofprovingthe
same.
Note:Ifanyoftheserequisitesisabsent,therecanbe
noculpa. Note: In some particular felonies, proof of
specific intent is required to produce the
Q: What crimes cannot be committed through crime such as in frustrated and attempted
culpa(negligenceorimprudence)? homicide.

A: Q: What is the distinction between intent and
1. Murder discernment?
2. Treason
3. Robbery A:
4. Maliciousmischief INTENT DISCERNMENT
Thementalcapacityto
Thedeterminationtodo
Q:Whatismensrea? tellrightfromwrong.It
acertainthing,anaimor
relatestothemoral
purposeofthemind.Itis
A: Mens rea is referred to as the gravamen of the significancethataperson
thedesigntoresolveor
offense. Mens rea of the crime depends upon the ascribestohisactand
determinationbywhicha
relatestotheintelligence
elementsofthecrime.Itcanonlybedeterminedby personacts.
asanelementofdolo.
knowingtheparticularcrimecommitted.

Note: Q:Whatismotive?
1. In theft, the mens rea is the taking of the
propertyofanotherwithintenttogain. A: It is the moving power or force which impels a
2. Infalsification,themensreaistheeffecting persontoadesiredresult.
of the forgery with intent to pervert the
truth. Q:Ismotivedeterminantofcriminalliability?
3. Inrobbery,themensreaisthetakingofthe
property of another coupled with the A: No. Motive alone will not bring about criminal
employment of intimidation or violence liability because the RPC requires that there must
uponpersonsorthings. be an overt act or an omission. When there is
motive in the commission of a crime, it always
Q:Whatisintent? comesbeforetheintent.

A:Intentreferstotheuseofaparticularmeansto Note:
effect the desired result. It is a mental state, the Inamurdercase,theintenttokillisdemonstratedby
existence of which is demonstrated by the overt theuseoflethalweapon;whereas,themotivemaybe
actsofaperson. vengeance.

Q: What are the categories of intent in criminal Motiveismaterialwhen:
law? 1. Theactsbringaboutvariantcrimes
2. There is doubt whether the accused
A: committedthecrime,ortheidentityofthe
1. General criminal intent Is presumed accusedisdoubtful
3. The evidence on the commission of the
fromthemeredoingofawrongact.This
crimeispurelycircumstantial
does not require proof. The burden is
4. Thereisaneedtodeterminewhetherdirect
upon the wrongdoer to prove that he
assaultispresentinoffensesagainstperson
actedwithoutsuchcriminalintent. inauthoritycommittedwhenheisnotinthe
performanceofhisofficialduties
Note: In felonies by means of deceit, the 5. In ascertaining the truth between two
third element of voluntariness is a general antagonistic theories or versions of the
intent. killing

7

6. Where there are no eyewitnesses to the A:
crime and where suspicion is likely to fall 1. Grave those to which the law attaches
uponanumberofpersons. thecapitalpunishmentorpenaltieswhich
in any of their periods are afflictive, in
Q:Whatarethedistinctionsbetweenmotiveand accordance with Art. 25 of the RPC. (Art.
intent? 9,par.1,RPC)

A: 2. Lessgravethosewhichthelawpunishes
MOTIVE INTENT with penalties which in their maximum
period are correctional, in accordance
Itisthemovingpower Itreferstotheuseofa
with Art. 25 of the RPC. (Art. 9, par. 2,
whichimpelsapersonto particularmeansto
RPC)
actforadefiniteresult achievethedesiredresult

Acrime maybe Itisaningredientofdolo 3. Light those infractions of law for the
committedwithout ormaliceandthus,an commission of which the penalty of
motive.Itisnotelement element ofdeliberate arrestomenororafinenotexceeding200
ofthecrime felonies pesos,orboth,isprovided.(Art.9,par.3,
Isessentialonlywhenthe RPC)
Isessentialinintentional
identityofperpetratoris
felonies Q:Whoareliableforgraveorlessgravefelonies?
indoubt

A: The principals, accomplices and even
Q:Whatarethefactorsthataffectintent?
accessories, because the degree of the penalty to

beimposeddependson3factors:
A:
1. Stagesofexecution
1. Mistake of fact that which had the facts
2. Thedegreeofparticipation
beentruetothebeliefoftheoffender,his
3. Thepresenceofattendingcircumstances
actcanbejustified.Itissuchmistakethat

will negate criminal liability because of
Q:Whenarelightfeloniespunishable?
theabsenceoftheelementofintent.

A:
Note: Mistake refers to the situation itself, not the
GR: Light felonies are punishable only when
identityofthepersonsinvolved.Mistakeoffactisonly
a defense in intentional felony but never in culpable
theyareconsummated.
felony.
Note: It involves insignificant moral and material
injuries,ifnotconsummated,thewrongdoneisso
2. Aberratioictusmistakeintheblow
slightthatapenaltyisunnecessary.
3. Errorinpersonaemistakeintheidentity

4. Praeter intentionem where the
XPN: Light felonies are punishable in all stages
consequenceexceededtheintention
whencommittedagainstpersonsorproperty.
5. Proximatecausethecauseofthecause

isthecauseoftheevilcaused
Note:Itpresupposesmoraldepravity.

A.CLASSIFICATIONOFFELONIES(ART.9)
Q:Whoareliableinlightfelonies?

Q: What is the importance of classifying the
A:Onlytheprincipalsandtheaccomplicesareliable
feloniesastotheirseverity?
in lightfelonies. Accessories are not liable for light

felonies.
A:Todetermine:

Q: What are the crimes considered as light
1. Whetherthesefeloniescanbecomplexed
felonies?
ornot

A:
2. The prescription of the crime and the
1. Slightphysicalinjuries
prescriptionofthepenalty.
2. Theft(whenthevalueofthingstolenis

lessthan5pesosandtheftiscommitted
Q: What are the classifications of felonies
underthecircumstancesenumerated
accordingtotheirgravity?
underArt.308par.3)

3. Alterationofboundarymarks
8 CRIMINALLAWTEAM:
BOOK 1: Felonies
4. Maliciousmischief(whenthevalueofthe A:
damage does not exceed 200 or cannot ABERRATIOICTUS ERRORINPERSONAE
beestimated.
5. Intriguingagainsthonor Apersondirectedthe
Thevictimactually
blowatanintended
receivedtheblow,buthe
B.ELEMENTSOFCRIMINALLIABILITY(Art.4) victim,butbecauseof
wasmistakenforanother
pooraim,thatblow
whowasnotatthescene
landedonsomebody
Q:Howiscriminalliabilityincurred? ofthecrime.
else.
A:Criminalliabilityisincurredbyanyperson: Theoffender,the
Thereareonlytwo
intendedvictimaswellas
personspresentinerror
1. Committing a felony although the theactualvictimareallat
inpersonaetheactual
wrongful act done be different from that thesceneofthecrime.It
butintendedvictimand
whichheintended. generallygivesrisetoa
theoffender.
complexcrime.
2. Performing an act which would be an Itgenerallygivesriseto TheprovisionsofArt.49
offenseagainstpersonsorproperty,were thecomplexcrime.This appliesinerrorin
it not for the inherent possibility of its beingso,thepenaltyfor personae,thatis,the
accomplishment or on account of the themoreseriouscrimeis penaltyforthelesser
employment of inadequate or ineffectual imposedinthemaximum crimewillbetheone
means.(Art.4) period. imposed.

Note: Article 4 does not mean to exclude offenders Q:Whatispraeterintentionem?
whoareliableeveniftheydonotfallunderanyofthe

situationsspokenofinthesaidarticle.Thus,aperson
A: In praeter intentionem, the injury is on the
whocommittedacrimewhichhereallyintendedisno
intendedvictimbuttheresultingconsequenceisso
doubtliableforthatoffenselike,ifA,intendingtokill
his father, shot him, he is liable for the death of his graveawrongthanwhatwasintended.
father.TheopeningsentenceofArticle4shouldhave
been:"Criminalliabilityshallalsobeincurredby". Note:Theremustbeanotabledisparitybetweenthe
meansemployedandtheresultingfelony.

Q: What situations are contemplated under the
Praeter intentionem is a mitigating circumstance
first paragraph of Art. 4, "wrongful act done be
particularlycoveredbyparagraph3ofArticle13.
differentfromwhatwasintended"?

Q: A and B went on a drinking spree. While they

A:
were drinking, they had some argument so A
1. Aberratioictusormistakeintheblow
stabbedBseveraltimes.Asdefenseisthathehad
2. Errorinpersonaeormistakeinidentity
no intention of killing his friend and that he did
3. Praeter intentionem or where the
not intend to commit so grave a wrong as that
consequenceexceededtheintention
committed. Is praeter intentionem properly
invoked?
Note:Thethreeenumeratedsituationsarealwaysthe

result of an intended felony, and hence, dolo. These
situationsdonotariseoutofcriminalnegligence. A: No, because praeter intentionem is mitigating
only if there is a notable disparity between the
Q:Whatisaberratioictusormistakeintheblow? meansemployedandtheresultingfelony.Thefact
that several wounds were inflicted on B is hardly
A:Inaberratioictus,theoffenderintendstheinjury compatiblewiththeideathathedidnotintendto
ononepersonbuttheharmfellonanother.There commitsograveawrongasthatcommitted.
are three persons present when the felony is
committed: the offender, the intended victim, and Q: What does Article 4, paragraph 1 "Criminal
theactualvictim. liability shall be incurred by any person
committing a felony although the wrongful act
Q: What are the distinctions between aberratio done be different from that which he intended"
ictusanderrorinpersonae? presuppose?

A:Itpresupposesthattheactdoneistheproximate
causeoftheresultingfelony.Itmustbethedirect,
9

natural, and logical consequence of the felonious is, calculated to destroy or endanger life, the actor is
act. liable.

Q:Whatisaproximatecause? It is important that there be no efficient intervening
cause.
A: Proximate cause is that cause which sets into
motion other causes and which, unbroken by any Q:Howisproximatecausenegated?
efficient supervening cause, produces a felony
withoutwhichsuchfelonycouldnothaveresulted. A:
(Hewhoisthecauseofthecauseisthecauseofthe 1. Active force, distinct act, or fact
evilofthecause.) absolutely foreign from the felonious act
of the accused, which serves as a
Asarule,theoffenderiscriminallyliableforallthe sufficientinterveningcause
consequences of his felonious act, although not 2. Resulting injury or damage is due to the
intended,ifthefeloniousactistheproximatecause intentionalactofthevictim.
ofthefelony.
Q: What circumstances are considered as
Q:Whataretherequisitesofproximatecause? inefficientinterveningcauses?

A: A:
1. Thedirect,natural,andlogicalcause 1. Theweakphysicalconditionofthevictim
2. Producestheinjuryordamage 2. The nervousness or temperament of the
3. Unbroken by any sufficient intervening victim
cause 3. Causes which are inherent in the victim,
4. Withoutwhichtheresultwouldnothave suchasthevictim'sinabilitytoswim
occurred 4. Refusal of the injured party of medical
attendance
Q: Is proximate cause the same as immediate 5. Erroneousorunskillfulmedicaltreatment
cause?
Note: Although the following may have intervened in
A: A proximate cause is not necessarily the thecommissionofthecrime,theoffenderisstillliable
fortheresultingcrimebecausetheproximatecauseis
immediatecause.Immediatecausemaybeacause
causedbyhim.
which is far and remote from the consequence

whichsetsintomotionothercauseswhichresulted
Q:Whatcircumstancesareconsideredfordeathto
inthefelony.
bepresumedtobethenaturalconsequenceofthe

physicalinjuriesinflicted?
Aslongastheactoftheaccusedcontributedtothe

death of the victim, even if the victim is about to
A:
die, he will still be liable for the felonious act of
1. Thatthevictimwasinnormalconditionat
puttingtodeaththatvictim.
the time the physical injuries were

inflicted
Proximatecausedoesnotrequirethattheoffender
2. Thatthedeathmaybeexpectedfromthe
needs to actually touch the body of the offended
physicalinjuriesinflicted.
party. It is enough that the offender generated in
3. That death ensued within a reasonable
themindoftheoffendedpartythebeliefthatmade
time.
himriskhimself.

Note: Even if other causes cooperated in producing
Illustration:
the fatal result as long as the wound inflicted is

dangerous,thatis,calculatedtodestroyorendanger
XandYarecrewmembersofcargovessel.Theyhada
life, the actor is liable. This is true even though the
heated argument. X with a big knife in hand
immediatecauseofdeathwaserroneousorunskillful
threatenedtokillY.ThevictimY,believinghimselfto
medicaltreatment,refusalofthevictimtosubmitto
beinimmediateperil,threwhimselfintothewater.X
surgicaloperation,orthatthedeceasedwassuffering
diedofdrowning.Inthiscase,Yisliableforhomicide
from tuberculosis, heart disease or other internal
forthedeathofY.
malady.

Evenifothercausescooperatedinproducingthefatal
resultaslongasthewoundinflictedisdangerous,that

10 CRIMINALLAWTEAM:
BOOK 1: Felonies
C.IMPOSSIBLECRIME[Art.4(2)] Note:Itisaprincipleofcriminallawthattheoffender
will only be penalized for an impossible crime if he
Q:Whataretherequisitesofanimpossiblecrime? cannotbepunishedundersomeotherprovisionofthe
RPC.Animpossiblecrimeisacrimeoflastresort.
A:
1. Act performed would be an offense Q:Whatareexamplesofimpossiblecrimes?
againstpersonsorproperty.
A:
Note:Kidnappingisacrimeagainstpersonal 1. In employment of inadequate means
securityandnotagainstpersonorproperty small quantity of poison which is
inadequatetokillaperson.
2. Actwasdonewithevilintent
3. Accomplishment is inherently impossible 2. In employment of inefficient means
or means employed is either inadequate accusedfiredagun,notknowingthatitis
orineffectual empty.
4. Act performed should not constitute a
violationofanotherprovisionofRPC Q:Buddyalwaysresentedhisclassmate,Jun.One
day,BuddyplannedtokillJunbymixingpoisonin
Note: The offender must believe that he can his lunch. Not knowing where he can get poison,
consummate the intended crime. A man stabbing he approached another classmate Jerry to whom
another who he knew was already dead cannot be he disclosed his evil plan. Because he himself
liableforanimpossiblecrime harbored resentment towards Jun, Jerry gave
Buddyapoison,whichBuddyplacedonJun'sfood.
Q:Whatistheessenceofanimpossiblecrime? However, Jun did not die because, unknown to
both Buddy and Jerry, the poison was actually
A: The essence of an impossible crime is the powdered milk. What crime or crimes, if any, did
inherentimpossibilityofaccomplishingthecrimeor JerryandBuddycommit?
the inherent impossibility of the means employed
tobringaboutthecrime. A: Jerry and Buddy are liable for the socalled
impossible crime because, with intent to kill, they
Q:Whatisinherentimpossibility? tried to poison Jun and thus perpetrate murder, a
crime against persons. Jun was not poisoned only
A:Inherentimpossibilitymeansthatunderanyand because the wouldbe killers were unaware that
all circumstances, the crime could not have what they mixed with the food of Jun was
materialized. powdered milk, not poison. Criminal liability is
incurred by them although no crime resulted,
Q: What are the two kinds of inherent becausetheiractoftryingtopoisonJuniscriminal.
impossibility? (1998BarQuestion)

A: Q:Isimpossiblecrimeaformalcrime?
1. Legal impossibility which occurs where
the intended acts, even if completed A: Yes. By its very nature, an impossible crime is a
wouldnotamounttoacrime.E.g.killinga formal crime. It is either consummated or not
deadperson. consummated at all. There is therefore no
attemptedorfrustratedimpossiblecrime.
2. Physicalimpossibilitywhereextraneous
circumstances unknown to the accused Q: Distinguish impossible crime from
prevent the consummation of the unconsummatedfelonies(attemptedorfrustrated
intended crime. E.g. pick pocketing an felony)
emptywallet.
UNCONSUMMATED
Q: What is the reason for penalizing impossible IMPOSSIBLECRIMES
FELONIES
crime?
Intentisnot
Intentisnotaccomplished
A: To teach the offender a lesson because of his accomplished
criminal perversity. Although objectively, no crime Intentoftheoffenderhas
iscommitted,butsubjectively,heisacriminal. Intentoftheoffender,
possibilityof
cannotbeaccomplished
accomplishment
11

Intentcannotbe Q:Whenisafelonyconsummated?
accomplishedbecause
Accomplishmentis itisinherently A: A felony is consummated when all the acts
preventedbythe impossibleto necessaryforitsaccomplishmentandexecutionare
interventionofcertain accomplishorbecause present.
causeoraccidentinwhich themeansemployedby
theoffenderhadnopart theoffenderis Q:Whataretheelementsoffrustratedfelony?
inadequateor
ineffectual A:
1. The offender performs all the acts of
D.STAGESOFEXECUTION(Art.6) execution.
2. Alltheactsperformedwouldproducethe
Q: What are the classifications of felonies felonyasaconsequence.
accordingtothestageofexecution? 3. Butthefelonyisnotproduced.
4. By the reason of causes independent of
A:Consummated,frustratedandattempted thewilloftheperpetrator.

Q:Whatisthepurposeofclassification? Q:Whatcrimesdonotadmitoffrustratedstage?

A: To bring about a proportionate penalty and A:
equitablepunishment. 1. Rape the gravamen of the offense is
carnal knowledge, hence, the slightest
Note: The penalties are graduated according to their penetration to the female organ
degree of severity. The stages may not apply to all consummatesthefelony.
kinds of felonies. There are felonies which do not
admitofdivision. 2. Arsonthemomenttheburningproperty
occurs, even if slight, the offense is
Q: What are the crimes that do not admit of consummated.
division?
3. Corruption of public officers mere
A: Formal crimes which are consummated in one acceptanceoftheofferconsummatesthe
instance, do not admit of division. e.g. physical crime.
injuriesandoraldefamation.
4. Physical injury consummated at the
Q:Whatarethephasesoffelony? instancetheinjuriesareinflicted.

A: 5. Adultery the essence of the crime is
1. Subjective phase that portion of sexualcongress.
execution of the crime starting from the
point where the offender begins up to 6. Theft the essence of the crime is the
thatpointwherehestillhascontrolofhis possession of the thing, once the thing
acts. hasbeentakenorinthepossessionofthe
person,thecrimeisconsummated.
Note:Ifitreachesthepointwherehehasno
more control over his acts, the subjective Q:Whataretheelementsofattemptedfelony?
phasehaspassed.
A:
If the subjectivephaseisnot yetpassed, the 1. Theoffendercommencesthecommission
felonywouldbeamereattempt.
ofthefelonydirectlybyovertacts

If it already passed, but the felony is not
Note: Overt acts are external acts which if
produced,asarule,itisfrustrated.
continuedwilllogicallyresultinafelony.Itis

the start of criminal liability because the
2. Objective phase results of the acts of offenderhascommencedthecommissionof
execution,thatis,theaccomplishmentof anoffensewithanovertact.
thecrime.
2. He does not perform all the acts of
Note: If the subjective and objective phases are execution which should produce the
present,thereisconsummatedfelony.
felony
12 CRIMINALLAWTEAM:
BOOK 1: Felonies
A:Thedifferencebetweentheattemptedstageand
3. The nonperformance of all acts of the frustrated stage lies on whether the offender
executionwasduetoacauseoraccident has performed all the acts of execution for the
other than the offender's own accomplishmentofafelony.
spontaneousdesistance
Literally, under the article, if the offender has
Note: The moment the execution of the crime has performed all the acts of execution which should
already gone to that point where the felony should producethefelonyasaconsequencebutthefelony
followasaconsequence,itiseitheralreadyfrustrated was not realized, then the crime is already in the
or consummated. If the felony does not follow as a frustratedstage.
consequence, it is already frustrated. If the felony
followsasaconsequence,itisconsummated. Iftheoffenderhasnotyetperformedalltheactsof
execution(thereisyetsomethingtobeperformed)
The word directly emphasizes the requirement that but he was not able to perform all the acts of
theattemptedfelonyisthatwhichisdirectlylinkedto executionduetosomecauseoraccidentotherthan
theovertactperformedbytheoffendernotthefelony hisownspontaneousdesistance,thenyouhavean
hehasinhismind. attemptedfelony.
Q: A person enters the dwelling of another.

However, at the very moment of his entry and Q: What are the distinctions between attempted,
before he could do anything, he is already frustratedandconsummatedfelony?
apprehended by the household members, can he
bechargedwithattemptedrobbery? A:
ATTEMPTED FRUSTRATED CONSUMMATED

A: No. He can only be held liable for attempted
robbery when he has already completed all acts criminalpurpose criminalpurpose Criminalpurpose
performed by him directly leading to robbery. The wasnot wasnot was
actofenteringaloneisnotyetindicativeofrobbery accomplished accomplished accomplished.
althoughthatmaybewhathemayhaveplannedto
Offenderhas Offenderhas
commit. However, he may be held liable for
Offendermerely performedallthe performedall
trespassing. commencesthe actsofexecution theactsof
commissionofthe whichwould executionwhich
Q: The accused brought gasoline into a building, crimedirectlyby producethe wouldproduce
with the intent to burn the building, but was overtacts. felonyasa thefelonyasthe
apprehendedbythesecurityguard,didthecrime consequence. consequence.
ofarsoncommence?
Theintervention
Theinterventionof
ofcertaincause Thefelonywas
A: Yes. The accused in this case is liable for certaincauseor
oraccidentwhich producedasa
attempted arson because the bringing of the accidentwhichthe
theoffenderhad consequenceof
gasoline was already an overt act while the offenderhadno
nopart theactofthe
apprehension was the reason other than his own partpreventedthe
preventedthe offender
spontaneousdesistance. accomplishment
accomplishment
Q: What are the criteria involved in determining Offenderhasnot Offenderhas Subjectiveand

the stage (whether it be in the attempted, passedthe reachedthe objectivephase
frustrated or consummated stage) of the subjectivephase objectivestage arepresent
commissionofafelony?
Q:Whataretheinstanceswhereinthestagesofa
A: crimewillnotapply?
1. Themannerofcommittingthecrime
A:
2. Theelementsofthecrime 1. OffensespunishablebySpecialPenal
Laws,unlessotherwiseprovidedfor.
3. Thenatureofthecrimeitself 2. Formalcrimes(e.g.,slanderadultery,etc.)
3. Impossiblecrimes
Q:Whatisthedistinctionbetweenattemptedand 4. Crimesconsummatedbymereattempt
frustratedfelony? (e.g.,attempttofleetoanenemycountry,
treason,corruptionofminors)
5. Feloniesbyomission
13

6. Crimescommittedbymereagreement Note:
(e.g.,bettinginsports,corruptionof GR: When conspiracy exists, the degree of
publicofficers) participationofeachconspiratorisnotconsidered
becausetheactofoneistheactofall,theyhave
E.CONSPIRACYANDPROPOSAL(Art.8) equalcriminalresponsibility.

Q:Whatisconspiracy? XPN: Even though there was conspiracy, if a co
conspirator merely cooperated in the commission

of the crime with insignificant or minimal acts,
A: Conspiracy exists when two or more persons
suchthatevenwithouthiscooperation,thecrime
cometoanagreementconcerningthecommission could be carried out as well, such coconspirator
ofafelonyanddecidetocommitit. shouldbepunishedasanaccompliceonly.(People
v.Niem,G.R.No.521,Dec.20,1945)
Q:Whataretherequisitesofconspiracy?
XPNtotheXPN:Whentheactconstitutesasingle
A: indivisibleoffense.
1. Thereisanagreement
2. The participants acted in concert or Q: What are the distinctions between conspiracy
simultaneously which is indicative of a andproposaltocommitafelony?
meetingofthemindstowardsacommon
criminalgoalorcriminalobjective A:
CONSPIRACY PROPOSAL
Q:Whendoesproposalexist?
Thereisproposalwhen
Itexistswhentwoormore
A: Proposal exists when the person who has thepersonwhohas
personscometoan
decided to commit a felony proposes its execution decidedtocommita
agreementconcerningthe
tosomeotherpersonorpersons. felonyproposesits
commissionofafelonyand
executiontosomeother
decidetocommitit.
Q: Is proposal and conspiracy to commit felony personorpersons.
punishable?
Proposalistrueonlyupto
A: Oncetheproposalis thepointwheretheparty
GR:Conspiracyandproposaltocommitafelony accepted,aconspiracy towhomtheproposalwas
arenotpunishable. arises. madehasnotyet
acceptedtheproposal.
Ratio:Becausetheyaremerepreparatoryacts.
Proposalisunilateral,one
XPN:Theyarepunishableonlyincasesinwhich Conspiracyisbilateral,it
partymakesaproposition
thelawspecificallyprovidesapenaltythereof. requirestwoparties.
totheother.

Note: It is fundamental that there exists a unity of
purposeandtheunityintheexecutionoftheunlawful Q:Whatarethetwokindsofconspiracy?
objectiveamongthecoconspirators.
A:
Mere knowledge, acquiescence to, or approval of the 1. Conspiracy as a crime The mere
act, without cooperation or at least, agreement to conspiracy is the crime itself. This is only
cooperate,isnotenoughtoconstituteaconspiracy. truewhenthelawexpresslypunishesthe
mere conspiracy, otherwise, the
Aconspiracyispossibleevenwhenparticipantsdonot conspiracy does not bring about the
knoweachother. commission of the crime because
conspiracyisnotanovertactbutamere
Q:Isitrequiredthatthereisanagreementamong preparatoryact.
theparticipantstoconstituteconspiracy?
Note:Treason,rebellion,sedition,andcoup
A: No. It is enough that the offenders acted d'etat are the only crimes where the
simultaneously or in a synchronized manner to conspiracy and proposal to commit them
bringabouttheircommonintention. arepunishable.

2. Conspiracyasabasisofincurringcriminal
liability When the conspiracy is only a
14 CRIMINALLAWTEAM:
BOOK 1: Felonies
basis of incurring criminal liability, there place where the crime was committed. (1998 Bar
mustbeanovertactdonebeforetheco Question)
conspiratorsbecomecriminallyliable.
F.MULTIPLEOFFENDERS
Q:Whatisimpliedconspiracy? (Differences,RulesandEffects)
Seealsopage42regardingthedifferentformsof
A: When the conspiracy is just a basis of incurring repetitionorhabitualityoftheoffender
criminal liability, it may be deduced or inferred
from the acts of several offenders in carrying out 1. Recidivism the offender at thetime of
the commission of the crime, i.e. when such acts his trial for one crime shall have been
discloseorshowacommonpursuitofthecriminal previouslyconvictedbyfinaljudgmentof
objective. anotherembracedinthesametitleofthe
RPC.
Q: What are the legal effects of implied
conspiracy? Note: It is important that conviction which
came earlier must refer to the crime
A: committed earlier than the subsequent
1. Not all those who are present at the conviction.
scene of the crime will be considered
conspirators Arecidivistisentitledtothebenefitsofthe
Indeterminate Sentence Law but is
2. Only those who participated by criminal disqualified from availing credit of his
preventiveimprisonment.
acts in the commission of the crime will

beconsideredascoconspirators
2. Reiteracion the offender has been

Note: In order to hold someone criminally liable, in
previously punished for an offense which
additiontomerepresence,thereshouldbeovertacts the law attaches an equal or greater
that are closelyrelated and coordinated to establish penalty or for two or more crimes to
the presence of common criminal design and whichitattachesalighterpenalty.
communityofpurposeinthecommissionofthecrime.
3. Habitual delinquency the offender
Q:JuanandArturodevisedaplantomurderJoel. within the period of 10 years from the
InanarrowalleynearJoel'shouse,Juanwillhide date of his release or last conviction of
behindthebiglamppostandshootJoelwhenthe the crimes of serious or less serious
latter passes through on his way to work. Arturo physical injuries, robbery, theft,estafa or
will come from the other end of the alley and falsification, is found guilty of any of the
simultaneously shoot Joel from behind. On the saidcrimesathirdtimeoroftener.
appointed day, Arturo was apprehended by the
authorities before reaching the alley. When Juan 4. QuasirecidivismAnypersonwhoshall
shotJoelasplanned,hewasunawarethatArturo commit a felony after having been
was arrested earlier. Discuss the criminal liability convicted by final judgment before
ofArturo,ifany. beginningtoservesuchsentenceorwhile
serving such sentence shall be punished
A: Arturo being one of the two who devised the bythemaximumperiodprescribedbylaw
plan to murder Joel, thereby becomes coprincipal forthenewfelony.
by direct conspiracy. What is needed only is an
overt act and both will incur criminal liability. G.COMPLEXCRIMESvisSPECIALCOMPLEX
Arturo's liability as a conspirator arose from his CRIMES
participation in jointly devising the criminal plan
with Juan, to kill Jose. And it was pursuant to that COMPLEXCRIMES
conspiracythatJuankilledJoel.Theconspiracyhere (Art.48)
is actual, not by inference only. The overt act was
donepursuanttothatconspiracywhereofArturois Q:Whatisacomplexcrime?
coconspirator.Therebeingaconspiracy,theactof
one is the act of all. Arturo, therefore, should be A:Complexcrimeexistswhentwoormorecrimes
liable as a coconspirator but the penalty on him arecommittedbuttheyconstituteonlyonecrime
maybethatofanaccompliceonlybecausehewas in the eyes of the law. Here, there is only one
not able to actually participate in the shooting of criminalintenthence,onlyonepenaltyisimposed
Joel,havingbeenapprehendedbeforereachingthe
15

Q:Whataretheconceptsofcomplexcrimes? A:
1. When one offense is committed to
A: concealtheother
1. A single criminal act constituting 2 or
moregraveorlessgravefelonies. 2. When one crime is an element of the
other, for in that case, the former shall
2. Offender has only one criminal intent, be absorbed by the latter. E.g.
hence, there is only one penalty trespassing which is an element of the
imposed. robberywithforceuponthings

Q:Whatarethekindsofcomplexcrimes? 3. Whenthecrimehasthesameelements
astheothercrimecommittedE.g.estafa
A: and falsification of private documents
1. Compound crime when a single act havethesameelementofdamage.Thus
constitutes two or more grave or less there is no complex crime of estafa
gravefelonies. throughfalsificationofprivatedocument

Requisites: 4. Whenoneoftheoffensesispenalizedby
a. Only a single act is performed by aspeciallaw
theoffender
b. Thesingleactproduces: 5. Incontinuedcrimes
i. Twoormoregravefelonies
Q:Whatisthepenaltyforcomplexcrimesunder
ii. One or more grave and one or Article48?
morelessgravefelonies
A:
iii. Two or more less grave GR: When a complex crime is committed, the
felonies. penalty for the most serious crime in its
maximumperiodshallbeimposed.
2. Complexcrimeproperwhenanoffense
is the necessary means for committing XPN: When the law imposes a single penalty
theother. forspecialcomplexcrimes.

Requisites: Q:Whatisacontinuingcrime?
a. At least two offenses are
committed A:Itisasinglecrime,consistingofaseriesofacts
b. One or some of the offenses must but arising from one criminal resolution (e.g.
benecessarytocommittheother violationofBP22).
c. Both or all the offenses must be
punishedunderthesamestatute Q:Whatisacontinuedcrime?

Note:Thefirstcrimemustbeanecessarymeans A: Here, the offender is impelled by a single
tocommittheother. criminalimpulsebutcommittedaseriesofactsat
aboutthesametimeinaboutthesameplaceand
Thereshouldonlybeoneinformationcharginga all the overt acts violate one and the same
complexcrime.
provision law. e.g. theft of 13 cows belonging to

differentownerscommittedbytheaccusedatthe
Onlyonepenaltyisimposedforcomplexcrimes
becausethereisonlyonecriminalact.
sameplaceandatthesametime.

3. Special complex crime known as Q: What are the distinctions between special
composite crime, the component crimes complex crimes and complex crimes under Art.
constitute a single indivisible offense 48?
andarethuspenalizedasonecrime
A:
SPECIALCOMPLEX COMPLEXCRIMEUNDER
Q:Whenistherenocomplexcrime?
CRIME ART.48

Combinationof Thecombinationisnot

16 CRIMINALLAWTEAM:
BOOK 1: Felonies
offensesarefixedor specified,thatis,grave and distinctly punished under the Revised Penal

specifiedbylaw and/orlessgrave;orone Code. Sedition may not be directed against the
E.g.robberywith offensebeingnecessary government or nonpolitical in objective, whereas
homicide,robberywith meanstocommittheother coup d'tat is always political in objective as it is
rape directedagainstthegovernmentandledbypersons
Thepenaltyimposedisthe orpublicofficerholdingpublic officebelongingto
Thepenaltyforthe
penaltyforthemost the military or national police. Art. 48 of the Code
specifiedcombinationis
seriousoffenseinthe may apply under the conditions therein provided.
alsospecific
maximumperiod
(2003BarQuestion)

Q:Whatispluralityofcrimes?

A: It is the successive execution by the same
individual of different criminal acts upon any of
whichnoconvictionhasyetbeendeclared

Q:Whatarethekindsofpluralityofcrimes?

A:
1. Formal or ideal only one criminal
liability

a. ComplexcrimedefinedinArt48
b. When the law specifically fixes a
single penalty for 2 or more
offensescommitted
c. Continuedcrimes

2. Real or material there are different
crimes in law and in the conscience of
theoffender.Insuchcases,theoffender
shall be punished for each and every
offensethathecommitted

Q: Can there be a complex crime of coup dtat
withrebellion?

A: Yes. If there was conspiracy between the
offender/ offenders committing the rebellion. By
conspiracy,thecrimeofonewouldbethecrimeof
the other and vice versa. This is possible because
the offender in coup dtat may be any person or
persons belonging to the military or the national
police or a public officer, whereas rebellion does
not so require. Moreover, the crime coup detat
may be committed singly, whereas rebellion
requires a public uprising and taking up arms to
overthrow the duly constituted government. Since
the two crimes are essentially different and
punished with distinct penalties, there is no legal
impediment to the application of Art. 48 of the
RevisedPenalCode.(2003BarQuestion)
Q: Can there be a complex crime of coup detat

withsedition?
A:Yes,coupd'tatcanbecomplexedwithsedition
because the two crimes are essentially different
17

III.CIRCUMSTANCESWHICHAFFECTCRIMINAL 8. Adulteryandconcubinageiftheoffended
LIABILITY party shall have consented or pardoned
theoffenders.(Art.344)
Q: What are the circumstances affecting criminal
liability? Q:Ismistakeoffactanabsolutorycause?

A:JEMAA A: Yes. The offender is acting without criminal
1. Justifyingcircumstances intent.Soinmistakeoffact,itisnecessarythathad
2. Exemptingcircumstances thefactsbeentrueastheaccusedbelievedthemto
3. Mitigatingcircumstances be, the act is justified. If not, there is criminal
4. Aggravatingcircumstances liability, because there is no more mistake of fact
5. Alternativecircumstances anymore. The offender must believe he is
performingalawfulact.
Q:Whataretheothertwocircumstancesfoundin
theRPCaffectingcriminalliability? Q: Does instigation absolve the offender from
criminalliability?
A:
1. Absolutory cause has the effect of an A:Yes.Ininstigation,theoffendersimplyactsasa
exempting circumstance and it is toolofthelawenforcersand,therefore,heisacting
predicated on lack of voluntariness such without criminal intent because without the
asinstigation instigation,hewouldnothavedonethecriminalact
whichhediduponinstigationofthelawenforcers.
2. Extenuatingcircumstancestheeffectof
extenuating circumstances is to mitigate Note:Thisisbasedontherulethatapersoncannotbe
thecriminalliabilityoftheoffender acriminalifhismindisnotcriminal.

Q:Whatareexamplesofabsolutorycauses? Q: What if the person instigated does not know
thatthepersoninstigatinghimisalawenforcer?
A:
1. Accessory is a relative of the principal. A: If the person instigated does not know that the
(Art.20) personinstigatinghimisalawenforcerorheknows
2. Discovering secrets through seizure of him to be not a law enforcer, this is not a case of
correspondenceofwardbytheirguardian instigation. This is a case of inducement, both will
isnotpenalized.(Art.219) becriminallyliable.
3. When only slight or less serious physical
injuries are inflicted by the person who Q:Isentrapmentanabsolutorycause?
surprised his/her spouse or daughter in
theactofsexualintercoursewithanother A: No. Entrapment is not an absolutory cause.
person.(Art.247) Entrapment does not exempt the offender or
4. Crime of theft, swindling or malicious mitigatehiscriminalliability.
mischief is committed against a relative.
(Art.332) Q:Whatistheeffectifthepersonentrappedknew
5. Marriage of the offender with the that the person trying to entrap him is a law
offended party when the crime enforcer?
committed is rape, abduction, seduction,
oractsoflasciviousness.(Art.344) A:Inentrapment,thepersonentrappedshouldnot
6. Instigation knowthatthepersontryingtoentraphimisalaw
7. Trespass to dwelling when the enforcer. The idea is incompatible with each other
purpose of entering anothers dwelling because in entrapment, the person entrapped is
againstthelatterswillistopreventsome actually committing a crime. The officer who
seriousharmtohimself,theoccupantsof entrapped him only lays down ways and means to
the dwelling or a third person, or for the haveevidenceofthecommissionofthecrime,but
purposes of rendering some services to even without those ways and means, the person
humanity or justice, or when entering entrappedisactuallyengagedinaviolationoflaw.
cafes, taverns, inns and other public
houses, while the same are open. (Art. Q:Whatisthecriteriatodetermineiftheactisan
280par.2) entrapmentorinstigation?

18 CRIMINALLAWTEAM:
BOOK 1: Circumstances Which Affect Criminal Liability
A: InthecaseofPeoplev.DoriatheSCheldthat A:Incasesofinfanticideandabortion,concealment
the conduct of the apprehending officers and the of dishonor is an extenuating circumstance insofar
predisposition of the accused to commit the crime as the unwed mother and the maternal
mustbeexamined: grandparentsareconcerned

Inbuybustoperationsdemandsthatthedetailsof JUSTIFYINGCIRCUMSTANCES.
the purported transaction must be clearly and (Art.11).
adequately shown. This must start from the initial
contactbetweentheposeurbuyerandthepusher, Q:Whatarejustifyingcircumstances?
the offer to purchase, the promise or payment of
the consideration until the consummation of the A: They are those acts of a person said to be in
salebythedeliveryoftheillegaldrugsubjectofthe accordancewithlaw,suchthatapersonisdeemed
sale. not to have transgressed the law and is free from
bothcriminalandcivilliability.
Themannerbywhichtheinitialcontactwasmade,
whether or not through an informant, the offer to Theyare:
purchase the drug, the payment of the "buybust" 1. Selfdefense
money,andthedeliveryoftheillegaldrug,whether 2. Defenseofrelatives
to the informant alone or the police officer, must 3. Defenseofstranger
bethesubjectofstrictscrutinybycourtstoinsure 4. Avoidanceofgreaterevilorinjury
thatlawabidingcitizensarenotunlawfullyinduced 5. Fulfillment of duty or exercise of right or
tocommitanoffense. office
6. Obediencetoanorderofasuperior
Criminalsmustbecaughtbutnotatallcost.Atthe
sametime,however,examiningtheconductofthe Note: Justifying circumstances are in the nature of
police should not disable courts into ignoring the defensive acts, hence, unlawful aggression must
accused's predisposition to commit the crime. If alwaysexist.
there is overwhelming evidence of habitual
delinquency, recidivism or plain criminal proclivity, Q: Who has the burden of evidence in criminal
then this must also be considered. Courts should case?

look at all factors to determine the predisposition
A: In criminal cases, the burden of proving guilt is
ofanaccusedtocommitanoffenseinsofarasthey
alwaystheplaintiff/prosecution.Butiftheaccused
are relevant to determine the validity of the
sets up an affirmative defense, the burden is on
defenseofinducement.
himtoprovesuchbyclear,affirmativeandstrong
evidence
Q: What are the distinctions between instigation
andentrapment?
The foregoing rests on the maxim: EL INCOMBIT
A: PROBOTION QUI DECIT NON QUI NEGAT (He who
asserts,nothewhodenies,mustprove)
INSTIGATION ENTRAPMENT
Alawenforcementagent Apersonhasplanned,or
inducesaninnocent isabouttocommita 1.SELFDEFENSE.
persontocommita crimeandwaysare
crimeandwouldarrest resortedtobyapublic Q:Whatrightsareincludedinselfdefense?
himuponorafterthe officertotrapandcatch
commissionofthecrime. thecriminal. A:Selfdefenseincludesnotonlythedefenseofthe
personorbodyoftheoneassaultedbutalsothatof
Thelawenforcement
his rights, the enjoyment of which is protected by
agentconceivesthe
Ideatocommitthecrime law.
commissionofthecrime
comesfromtheoffender.
andsuggestsittothe
accused. Thusitincludes:
1. Defenseoftheperson
Anabsolutorycause. Notanabsolutorycause.
2. Defenseofrightsprotectedbylaw
Q: What are examples of extenuating
circumstances? 3. Therighttohonor.

19

Note: Hence, a slap on the face is circumstance provided there is unlawful
consideredasunlawfulaggressionsincethe aggression.
facerepresentsapersonandhisdignity.Itis
a serious, personal attack (Rugas v. People, Q:Whatisunlawfulaggression?
G.R.No.147789,Jan.14,2004)
A: It is an attack or a threatened attack which
4. The defense of property rights can be produces an imminent danger to the life and limb
invoked if there is an attack upon the oftheoneresortingtoselfdefense.
property although it is not coupled with
an attack upon the person of the owner Q:Whatarethetypesofunlawfulaggression?
of the premises. All the elements for
justification must however be present. A:
(Peoplev.Narvaez,G.R.Nos.L3346667, 1. Actualthedangermustbepresent,that
Apr.20,1983) is,actuallyinexistence.

5. Selfdefense in libel. Physical assault may 2. Imminentthedangerisonthepointof
bejustifiedwhenthelibelisaimedatthe happening. It is not required that the
personsgoodname,andwhilethelibelis attack has already begun, for it may be
inprogress,onelibeldeservesanother. toolate.

Note:Whatisimportantisnotthedualityoftheattack Note:Whatjustifiesthekillingofasupposedunlawful
but whether the means employed is reasonable to aggressor is that if the offender did not kill the
preventtheattack. aggressor,itwillbehisownlifethatwillbelost.

Q:Whataretherequisitesofselfdefense? Nounlawfulaggressionwhentherewasanagreement
tofightandthechallengetofighthasbeenaccepted.
A: Butaggressionwhichisaheadofastipulatedtimeand
1. Unlawfulaggression placeisunlawful.
2. Reasonable necessity of the means
employedtopreventorrepelit Q: To give rise to selfdefense, should the
3. Lackofsufficientprovocationonthepart aggressionbelegalorillegal?
ofthepersondefendinghimself
A:Theaggressionmustbeillegal,liketheattackof
Q: What is the reason for lawfulness of self thehusbandagainstparamourofhiswifewhomhe
defense? surprisedinanuncompromisingsituation,orachief
ofpolicewhothrewstonesattheaccusedwhowas
A: It is impossible for the State to protect all its runningawaytoeludearrestofacrimecommitted
citizens.Also,apersoncannotjustgiveuphisrights inhispresence.Theaggressionmustbelawful.
withoutresistancebeingoffered.
Q:Whatistheeffectifthereisamistakeoffacton
Q: What is the meaning of stand ground when thepartoftheaccused?
right?
A: In relation to mistake of fact, the belief of the
A: The law does not require a person to retreat accused may be considered in determining the
when his assailant is rapidly advancing upon him existence of unlawful aggression. E.g. there is self
withadeadlyweapon. defense even if the aggressor used a toy gun
provided that the accused believed it to be a real
Ratio:Herunstheriskofbeingattackedinthebackby gun.
theaggressor.
Q:Whatisthetestinordertoknowifselfdefense
Q:Whataretheeffectsofselfdefense? exists?

A: A:Onemustask:Atthetimetheaccusedkilledthe
1. When all the elements are present the supposedunlawfulaggressor,washisorher lifein
person defending himself is free from danger?
criminalliabilityandcivilliability.
Q: What factors are taken into consideration in
2. Whenonlyamajorityoftheelementsare determining whether or not the means employed
present privileged mitigating bythepersondefendinghimselfarereasonable?
20 CRIMINALLAWTEAM:
A: A:
1. Natureandqualityoftheweaponusedby SELFDEFENSE RETALIATION
theaggression. Inselfdefense,the
Inretaliation,the
2. Physical condition, character, size and unlawfulaggressionwas
inceptualunlawful
othercircumstancesofboththeoffender stillexistingwhenthe
aggressionhadalready
anddefender. aggressorwasinjuredor
ceasedwhentheaccused
3. Placeandoccasionoftheassault. disabledbytheperson
attackedhim.
makingthedefense.
Note: Perfect equality between the weapons used by
theonedefendinghimselfandthatoftheaggressoris Q: One night, Lina, a young married woman, was
not required or material commensurability between soundasleepinherbedroomwhenshefeltaman
themeansofattackanddefense. on top of her. Thinking it was her husband Tito,
whocamehomeadayearlyfromhisbusinesstrip,
Ratio: The person assaulted does not have sufficient Lina let him have sex with her. After the act, the
tranquility of mind to think and to calculate and to mansaid,"IhopeyouenjoyeditasmuchasIdid."
choose the weapon used. What the law requires is Not recognizing the voice, it dawned upon Lina
rationalequivalence. that the man was not Tito, her husband. Furious,
LinatookoutTito'sgunandshottheman.Charged
Q:Whataretherequisiteswhichmustbepresent with homicide, Lina denies culpability on the
to satisfy the reasonable necessity of the means groundofdefenseofhonor.Isherclaimtenable?
employedtopreventorrepelit?
A: No, Lina's claim that she acted in defense of
A: honor is not tenable because the unlawful
1. Meanswereusedtopreventorrepel aggression on her honor had already ceased.
2. Meansmustbenecessaryandthereisno Defenseofhonorasincludedinselfdefense,must
otherwaytopreventorrepelit have been done to prevent or repel an unlawful
3. Means must be reasonabledepending aggression. There is no defense to speak of where
on the circumstances, but generally theunlawfulaggressionnolongerexists.(1998Bar
proportionate to the force of the Question)
aggressor
2.DEFENSEOFRELATIVES.
Q:Inwhatinstancescantherebelackofsufficient
provocationonthepersondefendinghimself? Q:Whataretherequisitesofdefenseofrelatives?

A: A:
1. No provocation at all was given to 1. Unlawfulaggression.
aggressorbypersondefendinghimself. 2. Reasonable necessity of the means
2. Evenifprovocationwasgiven,itwasnot employedtopreventorrepelit.
sufficient. 3. Relative being defended gave no
3. Even if provocation was sufficient, it was provocation.
not given by the person defending
himself. Note: The law gives a leeway on the third requisite,
4. Even if provocation was given by person even if the relative being defended gave the
defending himself, it was not the provocation,iftherelativemakingthedefensehadno
proximate and immediate to the act of parttherein,hecansuccessfullyinvokethedefenseof
aggression. relative.
5. Sufficient means proportionate to the
damagecausedbytheact,andadequate Q:Whoaretherelativescovered?
tostironetoitscommission.
A:
Q:Whatistheeffectiftheaggressorretreats? 1. Spouse
2. Ascendants
A: The aggression ceases except when retreat is 3. Descendants
made to take a more advantageous position to 4. Legitimate, adopted brothers and sisters,
insure the success of the attack begun, unlawful or relatives by affinity in the same
aggressioncontinues. degrees.
5. Relatives by consanguinity within the 4th
Q:Whatarethedistinctionsbetweenselfdefense civildegree.
andretaliation?
21

Q:Whatifthepersonbeingdefendedisalreadya battering relationships as a result of cumulative
secondcousin? abuse.

A:Itwillbeconsidereddefenseofastranger.Thisis Thebatteredwomansyndromeischaracterizedby
vital because if the person making the defense thesocalledcycleofviolence,whichhas3phases.
acted out of revenge, resentment or some evil
motiveinkillingtheaggressor,hecannotinvokethe Q.Whatarethecyclesofviolence?
justifying circumstance if the relative defended is
already a stranger in the eyes of the law. On the A:
other hand, it the relative defended is still within 1. Tensionbuildingphase
thecoverageofdefenseofrelative,eventhoughhe
actedoutofsomeevilmotive,itwouldstillapply.It 2. Acutebatteringincident
is enough that there was unlawful aggression
against the relative defended, and that the person 3. Tranquil, loving (or at least nonviolent)
defending did not contribute to the unlawful phase
aggression.
Note: One must undergo 3 phases to establish the
3.DEFENSEOFSTRANGERS. patternofviolence.Onemustpass2cycles,eachwith
3phases.
Q: What are the requisites of defense of
strangers? Q.Whoisabatteredwoman?

A: A:Sheiswomanwhoisrepeatedlysubjectedtoany
1. Unlawfulaggression forcefulphysicalorpsychologicalbehaviorbyaman
2. Reasonablenecessityofthemeans in order to coerce her to do something he wants
employedtopreventorrepelit hertodowithoutconcernforherrights.
3. Person defending be not induced by
revenge,resentmentorotherevilmotive Battered women includes wives or women in any
formofintimaterelationshipwithmen.
Q:Whoisastranger?
Furthermore,inordertobeclassifiedasabattered
A:Anypersonnotincludedintheenumerationof woman, the couple must go through the battering
relativesmentionedabove. cycleatleasttwice.Anywomanmayfindherselfin
anabusiverelationshipwithamanonce.Ifitoccurs
Q: What is the distinction between defense of asecondtime,andsheremainsinthesituation,she
relativesanddefenseofstrangers? isdefinedasabatteredwoman.(Peoplev.Genosa,
G.R.No.135981,Jan.15,2004)
A:
Q.CanBWSbeusedasadefense?
DEFENSEOFRELATIVES DEFENSEOFSTRANGERS

Indefenseofrelatives, A: Yes. Victimsurvivors who are found by the
Indefenseofstrangers,if
eventhoughtheperson courts to be suffering from battered woman
thepersonmakingthe
makingthedefenseacted syndromedonotincuranycriminalorcivilliability
defenseactedoutof
outofsomeevilmotive,
revenge,resentmentor notwithstanding the absence of any of the
hecanstillinvokethe
someevilmotiveinkilling elements for justifying circumstances of self
justifyingcircumstance,
theaggressor,hecannot defenseundertheRPC.
aslongashedidnot
invokethejustifying
contributetothe
circumstance. In laymans terms, if an abused woman kills or inflict
unlawfulaggression
physical injuries on her abusive husband or livein

partner, once the trial court determines that she is
A.AntiViolenceagainstWomenandtheir
suffering from the Battered Woman Syndrome, the
ChildrenActof2004(R.A.9262) courtwilldeclarehernotguilty(Peoplev.Genosa)

Q:Whatisabatteredwomansyndrome(BWS)? Thelawnowallowsthebatteredwomansyndrome
as a valid defense in the crime if parricide
A: Battered Woman Syndrome" refers to a independent of self defense under the RPC. (Sec.
scientifically defined pattern of psychological and 26)
behavioral symptoms found in women living in
22 CRIMINALLAWTEAM:
Note: Inthedeterminationofthestateofmindofthe A:
woman who was suffering from battered woman 1. Accusedactedintheperformanceofa
syndromeatthetimeofthecommissionofthecrime, dutyorinthelawfulexerciseofarightor
the courts shall be assisted by expert psychiatrists/ office.
psychologists. 2. Injury caused or offense committed be
the necessary consequence of the due
4.AVOIDANCEOFGREATEREVIL. performance of duty or the lawful
ORSTATEOFNECESSITY. exerciseofsuchrightoroffice.

Q:Whataretherequisitesofstateofnecessity? Note: If the police officer acted with negligence or
imprudence in apprehending violators of the law, the
A: justifyingcircumstanceoffulfillmentofdutycannotbe
1. Evilsoughttobeavoidedactuallyexists. invoked.
2. Injuryfearedbegreaterthanthatdoneto
avoidit. Theshootingbyguardsofescapingprisonersisalways
justified.(Peoplev.Delima,G.R.No.138692,June16,
3. There be no other practical and less
2003)
harmfulmeansofpreventingit,and

4. There must be no contribution on the
Q: Lucresia, a store owner, was robbed of her
part of the accused what caused the evil
braceletinherhome.Thefollowingday,atabout
toarise.
5o'clockintheafternoon,aneighbor,22yearold
JunJun,whohadanunsavoryreputation,cameto
Note: The state of necessity must not have been
broughtaboutbythenegligenceorimprudencebythe
her store to buy bottles of beer. Lucresia noticed
oneinvokingthejustifyingcircumstances. her bracelet wound around the right arm of Jun
Jun. As soon as the latter left, Lucresia went to a
Q:Whatdoesdamagetoanothercover? nearby police station and sought the help of a
policeman on duty, Pat. Willie Reyes. He went
A:Damagetoanothercoversinjurytopersonsand with Lucresia to the house of JunJun to confront
damagetoproperty. the latter. Pat Reyes introduced himself as a
policeman and tried to get hold of JunJun who
Q:Whatdoesthetermevilmean? resisted and ran away. Pat Reyes chasedhim and
fired two warning shots in the air JunJun
A: The term evil means harmful, injurious, continuedtorunandwhenhewasabout7meters
disastrous, and destructive. As contemplated, it away.PatReyesshothimintherightleg.JunJun
must actually exist. If it is merely expected or washitandhefelldownbuthecrawledtowardsa
anticipated,theoneactingbysuchnotionisnotin fence, intending to pass through an opening
astateofnecessity. underneath.WhenPat.Reyeswasabout5meters
away,hefiredanothershotatJunJunhittinghim
Q:Whomustbeliablecivilly? at the right lower hip. Pat Reyes brought JunJun
to the hospital, but because of profuse bleeding,
A: The persons for whose benefit the harm has he eventually died. Pat Reyes was subsequently
been prevented shall be civilly liable in proportion chargedwithhomicide.Duringthetrial,PatReyes
tothebenefitwhichtheyreceived. raisedthedefense,bywayofexoneration,thathe
acted in the fulfillment of a duty. Is the defense
Note: Generally, there is no civil liability in justifying tenable?Explain.
circumstances. However, it is only in par. 4 of this
Article where there is civil liability. The civil liability A:No.Thedefenseofhavingactedinthefulfillment
referred to herein is based not on the act committed ofadutyrequiresasacondition,interalia,thatthe
butonthebenefitderivedfromthestateofnecessity. injuryoroffensecommittedbetheunavoidableor
So the accused will not be civilly liable if he did not necessary consequence of the due performance of
receive any benefit out of the state of necessity. On theduty(Peoplev.Oanis,G.R.No.L47722,July27,
theotherhand,personswhodidnotparticipateinthe 1943). It is not enough that the accused acted in
damageorinjurywouldbecivillyliableiftheyderived fulfillment of a duty. After JunJun was shot in the
benefitoutofthestateofnecessity. right leg and was already crawling, there was no
need for Pat. Reyes to shoot him further. Clearly,
5.FULFILLMENTOFDUTY. Pat. Reyes acted beyond the call of duty which
brought about the cause of death of the victim.
Q:Whataretherequisitesoffulfillmentofduty? (2000BarQuestion)

23

6.OBEDIENCETOANORDERISSUED. 5. Any person who acts under the
FORSOMELAWFULPURPOSE. compulsionofanirresistibleforce.

Q: What are the requisites of obedience to an 6. Anypersonwhoactsundertheimpulseof
orderissuedforsomelawfulpurpose? an uncontrollable fear of an equal or
greaterinjury.
A:
1. Anorderhasbeenissuedbyasuperior 7. Any person who fails to perform an act
2. Such order must be for some lawful requiredbylaw,whenpreventedbysome
purpose lawfulorinsuperablecause.
3. Means used by the subordinate to carry
outsaidorderislawful Q: What is the basis for the exemption from
criminalliability?
Note: Both the person who gives the order, and the
person who executes it, must be acting within the A: The reason for the exemption lies on the
limitationsprescribedbylaw. involuntariness of the act, that is, one or some of
the ingredients of voluntariness such as criminal
Q: Is good faith on the part of the subordinate intent, intelligence, or freedom of action on the
material? partoftheoffenderismissing.

A: Yes. If he obeyed an order in good faith, not Q: In case of exempting circumstances, is there a
being aware of its illegality, he is not liable. crimecommitted?
However, the order must not be patently illegal. If
the order is patently illegal, this circumstance A:Yes.Thereisacrimecommittedbutnocriminal
cannotbevalidlyinvoked. liability arises from it because of the complete
absence of any of the conditions which constitute
Note: Even if the order is patently illegal, the freewillorvoluntarinessoftheact.
subordinatemaystillbeabletoinvoketheexempting
circumstancesofhavingacteduponthecompulsionof Q:Whohastheburdenofproof?
an irresistible force, or under the impulse of an
uncontrollablefear.
A:Anyofthecircumstancesisamatterofdefense

and must be proved by the defendant to the
EXEMPTINGCIRCUMSTANCES.
satisfactionofthecourt.
(Art.12).

1.IMBECILITYANDINSANITY.
Q:Whoareexemptedfromcriminalliability?

Q:Whatarethedistinctionsbetweenimbecility
A:
andinsanity?
1. An imbecile or an insane person, unless

the latter has acted during a lucid
A:
interval.
IMBECILITY INSANITY

Animbecileisonewho,
2. A child fifteen years of age or under is whileadvancedinage, Insanityexistswhen
exempt from criminal liability under R.A. hasamental thereisacomplete
9344 developmentcomparable deprivationof
tothatofchildren intelligencein
3. A person over fifteen years of age and betweentwotoseven committingtheact.
undereighteen,unlesshehasactedwith yearsofage.
discernment, in which case, such child Nolucidinterval Thereislucidinterval
shall be subject to appropriate Notexemptfrom
proceedings in accordance with R.A. Exemptincriminalliability criminalliabilityifitcan
9344. inallcases beshownthatheacted
duringlucidinterval
4. Any person who, while performing a
lawfulactwithduecare,causesaninjury Q: What are the two tests for exemption on
by mere accident without the fault or groundsofinsanity?
intentioncausingit.

24 CRIMINALLAWTEAM:
A: A:
1. Test of cognition whether the accused
acted with complete deprivation of a. Dementia praecox (Schizoprenia) is
intelligenceincommittingsaidcrime. covered by the term insanity because
homicidalattackiscommoninsuchform
2. Test of volition whether the accused
of psychosis. It is characterized by
acted in total deprivation of freedom of
will. delusionsthatheisbeinginterferedwith
sexually, or that his property is being
Note: In the Philippines, both cognition and volition taken, thus the person has no control
testsareapplied.Theremustbecompletedeprivation overhisacts.
oftheintellectorwillorfreedom.

b. Kleptomania or presence of abnormal,

Q:Isthepresumptioninfavorofsanity?
persistentimpulseortendencytosteal,to
A: Yes. The defense must prove that the accused beconsideredexemptingwillstillhaveto
was insane at the time of the commission of the beinvestigatedbycompetentpsychiatrist
crime. todetermineiftheunlawfulactisdueto
irresistible impulse produced by his
Note: Mere abnormalities of the mental facilities are
mental defect, thus loss of willpower. If
notenough.
such mental defect only diminishes the
Q: What are the effects of the insanity of the exercise of his willpower and did not
accused? deprive him of the consciousness of his
acts,itisonlymitigating.
A:
1. Atthetimeofthecommissionofthecrime
c. Epilepsywhichischronicnervousdisease
exempt
characterized by compulsive motions of
2. During trial proceedings suspended, the muscles and loss of consciousness
accusediscommittedtoahospital maybecoveredbytheterninsanity.

3. Afterjudgmentorwhileservingsentence Note:Feeblemindednessisnotimbecilitybecausethe
execution of judgment is suspended, the offendercandistinguishrightfromwrong.Animbecile
accused is committed to a hospital. The and an insane to be exempted must not be able to
period of confinement in the hospital is distinguishrightfromwrong.
counted for the purpose of the
prescriptionofthepenalty. 2.MINORITY.

Q:Whenshouldinsanitybepresent? B.JuvenileJusticeandWelfareActof2006
(R.A.9344)
A: Insanity at the time of the commission of the
crime and not at the time of the trial will exempt Q:Whatisthemeaningofachildinconflictwith
onefromcriminalliability. thelaw?

Q:Whatistheeffectofinsanityatthetimeofthe A:Itreferstoachildwhoisallegedas,accusedof,
trial? oradjudgedas,havingcommittedanoffenseunder
Philippinelaws.
A:Incaseofinsanityatthetimeofthetrial,there
Note:Thechildinconflictwiththelawshallenjoythe
will be suspension of the trial until the mental presumption of minority. He/she shall enjoy all the
capacity of the accused is restored to afford him rightsofachildinconflictwiththelawuntilhe/sheis
fairtrial. proventobe18yearsoldorolder.

Q:Whataretheotherinstancesofinsanity? Q: What is the minimum age of criminal
responsibility?
25

A: Uponsuspensionofsentenceandafterconsidering
the various circumstances of the child, the court
CRIMINAL shall impose the appropriate disposition measures
AGEBRACKET TREATMENT asprovidedintheSupremeCourtRuleonJuveniles
LIABILITY
Thechildshallbe inConflictwiththeLaw.(Sec.38)
15yearsoldor subjectedtoan
Exempt Note: The suspension of sentence under sec.38
below intervention
program R.A.9344 applies regardless of the penalty imposed.
Above15but Thechildshallbe The provision therefore modifies the ruling in
below18,who subjectedtoan Declaradorv.Gubatan
Exempt
actedwithout intervention
discernment program SEC.38.AutomaticSuspensionofSentence.Oncethe
Suchchildshallbe child who is under eighteen (18) years of age at the
Above15but subjectedtothe time of the commission of the offense is found guilty
below18,who Not appropriate oftheoffensecharged,thecourtshalldetermineand
actedwith exempt proceedingsin ascertain any civil liability which may have resulted
discernment accordancewith from the offense committed. However, instead of
R.A.9344 pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under
Note: The exemption from criminal liability herein suspended sentence, without need of
established does not include exemption from civil application:Provided,however, That suspension of
liability, which shall be enforced in accordance with sentence shall still be applied even if the juvenile is
existinglaws alreadyeighteenyears(18)ofageormoreatthetime
ofthepronouncementofhis/herguilt.
Q:Howcantheagebedetermined?
Uponsuspensionofsentenceandafterconsideringthe
A:Theageofachildmaybedeterminedfromthe various circumstances of the child, the court shall
impose the appropriate disposition measures as
child's:
provided in the Supreme Court Rule on Juveniles in
ConflictwiththeLaw.(A.M.No.02118SC,November
1. Birthcertificate 24,2009)
2. Baptismalcertificate
3. Anyotherpertinentdocuments Q: What are the exempting provisions under this
act?
Note: In the absence of these documents,
age may be based on information from the A:
child himself/herself, testimonies of other 1. Statusoffenses(Sec57)Anyconductnot
persons, the physical appearance of the considered an offense or not penalized if
childandotherrelevantevidence.Incaseof
committed by an adult shall not be
doubt as to the age of the child, it shall be
considered an offense and shall not be
resolvedinhis/herfavor.
punishedifcommittedbyachild.

Q: What is automatic suspension of sentence as 2. Offenses not applicable to children (Sec.
providedforinSec.38ofR.A.9344? 58)Personsbeloweighteen(18)yearsof
ageshallbeexemptfromprosecutionfor
A: Once the child who is under 18 years of age at thecrimeof:
thetimeofthecommissionoftheoffenseisfound
guilty of the offense charged, the court shall a. Vagrancy and prostitution under
determineandascertainanycivilliabilitywhichmay Section202ofRPC
have resulted from the offense committed. b. Sniffing of rugby under Presidential
However, instead of pronouncing the judgment of DecreeNo.1619
conviction,thecourtshallplacethechildinconflict
with the law under suspended sentence, without Ratio: Such prosecution being inconsistent
need of application: Provided, however, That with the United Nations Convention on the
suspensionofsentenceshallstillbeappliedevenif Rights of the Child: Provided, That said
the juvenile is already 18 years of age or more at persons shall undergo appropriate
thetimeofthepronouncementofhis/herguilt. counselingandtreatmentprogram.

26 CRIMINALLAWTEAM:
3. Under Sec 59 with regard to exemption QuasioffensesunderArticle365arecommittedby

fromtheapplicationofdeathpenalty. means ofculpa. Crimes against Security are
committedbymeansofdolo.
3.ACCIDENTWITHOUTFAULTORINTENTIONOF
CAUSINGIT.(DAMNUMABSQUEINJURIA). Article 365, failure to lend help to one's victim is
neither an offense by itself nor an element of the
Q: What are the requisites of damnum absque offense therein penalized. Its presence merely
injuria? increases the penalty by one degree. The last
paragraphoftheArticlespecificallyprovides:
A:
1. Apersonisperformingalawfulact
Thepenaltynexthigherindegreetothoseprovided
2. Withduecare
for in this article shall be imposed upon the
3. He causes injury to another by mere
offenderwhofailstolendonthespottotheinjured
accident
partiessuchhelpasmaybeinhandtogive.

Note: It is something that happens outside
theswayofourwill,andalthoughitcomes Such being the case, it must be specifically alleged
about through some act of our will, lies in the information. The information against
beyondtheboundsofhumanlyforeseeable petitionerinthiscasedoesnotsoallege.
consequences.
Upon the other hand, failure to help or render
4. Withoutfaultorintentionofcausingit assistance to another whom one has accidentally
wounded or injured is an offense under paragraph
Q: Is the offender exempt from criminal and civil 2ofArticle275ofthesamecodewhichreads:The
liability? penalty ofarresto mayorshall be imposed upon:
xxx Anyone who shall fail to help or render
A:Yes.Theinflictionoftheinjurybymereaccident assistance to another whom he has accidentally
doesnotgiverisetoacriminalorcivilliability,but woundedorinjured.
thepersonwhocausedtheinjuryisdutyboundto
attendtothepersonwhowasinjured.
4.COMPULSIONOFIRRESISTIBLEFORCE
Illustration:
Q: What is the basis for this exempting
A chauffeur, while driving his automobile on the circumstance?
propersideoftheroadatamoderatespeedandwith
due diligence, suddenly and unexpectedly saw a man A:Thebasisisthecompleteabsenceoffreedom.
in front of his vehicle coming from the sidewalk and
crossingthestreetwithoutanywarningthathewould Q:Whatisirresistibleforce?
do so. Becauseit wasnot physically possible to avoid
hittinghim,thesaidchauffeurranoverthemanwith A: It is a degree of force which is external or
hiscar.Itwasheldthathewasnotcriminallyliable,it physicalforcewhichreducesthepersontoamere
being a mere accident. (U.S. v. Tayongtong, 21 Phil. instrumentandtheactsproducedaredonewithout
476) hiswillandagainsthiswill.

Q:WhatistheeffectofaccidentinrelationtoArt. Q: What are the requisites of compulsion of
275,par.2(failuretohelporrenderassistanceto irresistibleforce?
another whom he has accidentally wounded or
injured)andArt.365(imprudenceandnegligence). A:
1. Compulsionisbymeansofphysicalforce
A:InthecaseofLamerav.CA,GR.No.93475two 2. Physicalforcemustbeirresistible
informationsarefiledagainstthepetitioner,firstis 3. Physical force must come from a third
for reckless imprudence (Article 365), falls under person
the sole chapter (Criminal Negligence) of Title
Fourteen (Quasi Offenses) of Book Two of the Note: It presupposes that a person is compelled by
RevisedPenalCode.ThecrimeforAbandonmentof means of extraneous force or violence to commit a
one's victim (par. 2, Art. 275), falls under Chapter crime.
Two(CrimesAgainstSecurity)ofTitleNine(Crimes
AgainstPersonalLibertyandSecurity)ofBookTwo
ofthesameCode.
27

Theforcemustbesoirresistibleastoreducetheactor violenceorphysical orthreat.
toamereinstrumentwhoactednotonlywithoutwill force.
butagainsthiswill.
Q:Theevidenceonrecordshowsthatatthetime
Passion or obfuscation cannot amount to irresistible theransommoneywastobedelivered,appellants
force. Arturo Malit and Fernando Morales,
unaccompanied by any of the other accused,
Q: Baculi, who was not a member of the band entered the van wherein Feliciano Tan was. At
which murdered some American school teachers, that time, Narciso Saldaa, Elmer Esguerra and
was in a plantation gathering bananas. Upon Romeo Bautista were waiting for both appellants
hearingtheshooting,heran.However,Baculiwas fromadistanceofaboutone(1)kilometer.Istheir
seen by the leaders of the band who called him, defenseofuncontrollablefeartenable?
andstrikinghimwiththebuttsoftheirguns,they
compelled him to bury the bodies. Is he liable as A: By not availing of this chance to escape,
anaccessorytothecrimeofcrime? appellants' allegation of fear or duress becomes
untenable. It was held that in order that the
A:ItwasheldthatBaculiwasnotcriminallyliableas circumstanceofuncontrollablefearmayapply,itis
accessory for concealing the body of the crime of necessary that the compulsion be of such a
murder committed by the band because he acted character as to leave no opportunity to escape or
under the compulsion of an irresistible force. (U.S. selfdefenseinequalcombat.Moreover,thereason
v.Caballeros,4Phil.350) for their entry to the van, where the father of the
victimswas,couldbetakenastheirwayofkeeping
5.UNCONTROLLABLEFEAR Feliciano Tan under further surveillance at a most
critical time. (People v. Saldana, G.R. No. 148518,
Q: What is the basis of this exempting Apr.15,2004)
circumstance?
6.PREVENTEDBYSOMELAWFUL.
A:Thebasisiscompleteabsenceoffreedom. ORINSUPERABLECAUSE.

Q:Whataretherequisitesofuncontrollablefear? Q: What is the basis of this exempting
circumstance?
A:
1. Threat,whichcausesthefear,isofanevil A:Thebasisisabsenceofintent.
greater than or at least equal to that
whichheisrequiredtocommit. Q:Whatisinsuperablecause?

2. It promises an evil of such gravity and A: Some motive which has lawfully, morally, or
imminence that the ordinary man would physically prevented a person to do what the law
havesuccumbedtoit. commands.

Q:Whataretheelements? Note: Under the law, the person arrested must be
delivered to the nearest judicial authority at most
A: within 36 hoursunder Art 125 of RPC, otherwise, the
1. Existenceofanuncontrollablefear publicofficerwillbeliableforarbitrarydetention.

2. Fearmustberealandimminent Q: What are the requisites under this exempting
circumstance?
3. Fear of an injury is greater than or equal
tothatcommitted A:
1. Anactisrequiredbylawtobedone.
Q: What is the difference between irresistible
forceanduncontrollablefear? 2. Apersonfailstoperformsuchact.

A: 3. Failure to perform such act was due to
IRRESISTIBLE somelawfulorinsuperablecause.
UNCONTROLLABLEFEAR
FORCE
Apersoniscompelled Apersoniscompelledby Q: What are the distinctions between justifying
byanothertocommita anothertocommitacrime circumstancesandexemptingcircumstances?
crimebymeansof bymeansofintimidation
28 CRIMINALLAWTEAM:
A: 3. Such information and testimony can be

JUSTIFYING EXEMPTING corroboratedonitsmaterialpoints
CIRCUMSTANCE CIRCUMSTANCE
The circumstance affect The circumstance affect 4. The informant or witness has not been
theact,nottheactor. theactor. previously convicted of a crime involving
The act complained of is Since the act complained moralturpitude,exceptwhenthereisno
considered to have been of is actually wrongful, other direct evidence available for the
done within the bounds there is a crime. But State other than the information and
of law; hence, it is because the actor acted testimonyofsaidinformantorwitness
considered lawful, there without voluntariness
is no crime, and because there is absence of dolo 5. Theinformantorwitnessshallstrictlyand
thereisnocrime,thereis or culpa. There is no faithfully comply without delay, any
nocriminal. criminal
condition or undertaking, reduced into
Since there is a crime
writing, lawfully imposed by the State as
committed but there is
further consideration for the grant of
no criminal, there is civil
Sincethereisnocrimeor immunity from prosecution and
liability for the wrong
criminal, there is no punishment.
done. However in
criminalliabilityaswellas
paragraphs 4 and 7 of
civilliability. Note: Notwithstanding the provisions of Section 17,
Article 12, there is
neither criminal nor civil Rule 119 of the Revised Rules of Criminal Procedure
liability. and the provisions of Republic Act No. 6981 or the
WitnessProtection,SecurityandBenefitActof1991
C.TheComprehensiveDangerousDrugsActof
Note: Provided, further, That this immunity may be
2002(R.A.9165)
enjoyed by such informant or witness who does not
appeartobemostguiltyfortheoffensewithreference

to which his/her information or testimony were
1.Immunityfromprosecutionandpunishment
given: Provided, finally, That there is no direct
evidence available for the State except for the
Q: Who shall be exempt from prosecution and information and testimony of the said informant or
punishmentunderRA9165? witness

A:Anypersonwho: MITIGATINGCIRCUMSTANCES.
1. Has violated Sections 7, 11, 12, 14, 15, (Art.13).
and19,ArticleIIofRA9165
2. Voluntarilygivesinformation Q:Whataremitigatingcircumstances?
a. About any violation of Sections
4,5,6,8,10,13,and16,Article A: Mitigating circumstances are those which if
IIofthisAct present in the commission of the crime, do not
b. About any violation of the entirely free the actor from criminal liability but
offenses mentioned if serveonlytoreducethepenalty.
committedbyadrugsyndicate,
or Note: One single fact cannot be made the basis of
c. Leading to the whereabouts, more than one mitigating circumstance. Hence, a
identities and arrest of all or mitigating circumstance arising from a single fact
anyofthemembersthereof absorbs all the other mitigating circumstances arising
3. Willinglytestifiesagainstsuchpersonsas fromthesamefact.
describedabove
Q:Whatisthebasisofmitigatingcircumstances?
Provided, That the following conditions
concur: A: The basis is diminution of either freedom of
1. The information and testimony are action, intelligence, or intent or on the lesser
necessary for the conviction of the perversityoftheoffender.
personsdescribedabove
Q: What are those circumstances which can
2. Such information and testimony are not mitigatecriminalliability?
yetinthepossessionoftheState

29

A: Q: How may incomplete selfdefense, defense of
1. Incomplete justifying or exempting relative,ordefenseofstrangeraffectthecriminal
circumstance liabilityoftheoffender?
2. Theoffenderisunder18orover70years
old. A: If only the element of unlawful aggression is
3. Nointentiontocommitsograveawrong present, the other requisites being absent, the
(praeterinentionem) offender shall be given only the benefit of an
4. Sufficientthreatorprovocation ordinarymitigatingcircumstance.
5. Vindicationofagraveoffense
6. Passionorobfuscation However, if aside from the element of unlawful
7. Voluntarysurrender aggressionanotherrequisite,butnotall,ispresent,
8. Physicaldefect the offender shall be given the benefit of a
9. Illnessoftheoffender privileged mitigating circumstance. In such a case,
10. Similarandanalogouscircumstances the imposable penalty shall be reduced by one or
twodegreesdependinguponhowthecourtregards
Q: What are the classes of mitigating theimportanceoftherequisitespresentorabsent.
circumstances?
Q: How may incomplete justifying circumstance
A: (with respect justifying circumstances other than
1. Ordinarymitigating thosementionedabove)orincompleteexempting
circumstance affect criminal liability of the
2. Privilegedmitigating offender?

Q: What are the distinctions between ordinary A:Iflessthanamajorityoftherequisitesnecessary
mitigatingandprivilegedmitigating? to justify the act or exempt from criminal liability
are present, the offender shall only be entitled to
A: anordinarymitigatingcircumstance.
ORDINARYMITIGATING PRIVILEGEDMITIGATING
Canbeoffsetby Canneverbeoffsetby Ifamajorityoftherequisitesneededtojustifythe
aggravating anyaggravating act or exempt from criminal liability are present,
circumstances circumstance. the offender shall be given the benefit of a
Ordinarymitigating privileged mitigating circumstance. The penalty
Privilegedmitigating
circumstances,ifnot shall be lowered by one or two degrees. When
circumstancesoperateto
offset,willoperateto thereareonlytwoconditionstojustifytheactorto
reducethepenaltyby
reducethepenaltytothe exemptfromcriminalliability,thepresenceofone
onetotwodegrees,
minimumperiod, shallberegardedasthemajority.
dependinguponwhatthe
providedthepenaltyisa
lawprovides.
divisibleone.
2.UNDER18OROVER70YEARSOLD.

1.INCOMPLETEJUSTIFYINGOR.EXEMPTING
Q: Who are covered under this mitigating
CIRCUMSTANCE.
circumstance?

Q:Whatistheconceptofincompletejustifyingor
A:Offenderswhoare:
exemptingcircumstance?

1. Over15butunder18yearsoldwhoacted
A: Incomplete justifying/exempting circumstance
withdiscernment
means that not all the requisites to justify the act

arepresentornotalltherequisitestoexemptfrom
2. Over70yearsold
criminalliabilityarepresent.

Note: It is the age of the accused at the time of the
Q:Whatconditionisnecessarybeforeincomplete commissionofthecrimewhichshouldbedetermined.
selfdefense, defense of relative, or defense of Hisageatthetimeofthetrialisimmaterial.
strangermaybeinvoked?
Q: What are the legal effects of the various age
A: The offended party must be guilty of unlawful brackets of the offender with respect to his
aggression.Withoutunlawfulaggression,therecan criminalliability?
benoincompleteselfdefense,defenseofrelative,
ordefenseofstranger.

30 CRIMINALLAWTEAM:
A: A: Yes. If the resulting felony could be expected

AGE from the means employed, this circumstance does
EFFECTONCRIMINALLIABILITY
BRACKET notavail.
15and
Exemptingcircumstance
under Note: This circumstance is not applicable when
Exemptingcircumstance,providedhe offenderemployedbruteforce.
Over15 actedwithoutdiscernment.Mitigating
under18, circumstance,providedheactedwith Q:Doesitapplytofeloniesbynegligence?
discernment
18orover Fullcriminalresponsibility A:No,itisnotapplicablebecausetheoffenderacts
Mitigatingcircumstance;noimposition without intent. The intent in intentional felonies is
ofdeathpenalty;executionofdeath replacedbynegligenceorimprudence.
Over70
sentenceifalreadyimposedis
suspendedandcommuted. There is no intent on the part of the offender,
whichmaybeconsideredasdiminished.
Note: The modifications/changes introduced by RA
9344havebeenincorporatedinthetableabove.
Q: What are the factors in order to ascertain the
intention?

2002(R.A.9165)
A:
1. Theweaponused

2. Thepartofthebodyinjured
2.MinorOffenders
3. Theinjuryinflicted
3.Application/NonapplicationofRPCprovisions
4. Themanneritisinflicted
(Sec.98,R.A.9165)cf.Art.10,RPC

Note: This provision addresses the intention of the

Q: Is a minor offender entitled to a privilege offenderattheparticularmomentwhentheoffender
mitigating circumstance of minority under R.A. executes or commits the criminal act and not during
9165? planningstage.

A: Q:Isthismitigatingcircumstanceapplicablewhen
GR: No, because the law itself prohibits the theoffenderemployedbruteforce?
applicationofRPCtoR.A.9165.
A: No. E.g. If the rapist choked the victim, the
XPN:Iftheoffenderisaminorandthepenalty choking contradicts the claim that he had no
is life imprisonment to death, then the penalty intentiontokillthegirl.
shall be reclusion perpetua to death, adopting
therefore the nomenclature of the penalties Q: In crimes against persons, what if the victim
under the RPC. By adopting the nomenclature doesnotdie?
of the penalties under the RPC, the RPC shall
apply, and a minor would now be entitled to a A: The absence of the intent to kill reduces the
privilege mitigating circumstance of minority. felonytomerephysicalinjuries.Itisnotconsidered
(Peoplev.Simon,G.R.No.93026,July29,1994) as mitigating. It is only mitigating when the victim
dies.
3.NOINTENTIONTOCOMMITSOGRAVEA
WRONG. 4.SUFFICIENTTHREATORPROVOCATION.
(PRAETERINTENTIONEM).
Q: What is the basis of this mitigating
Q: What is the basis of this mitigating circumstance?
circumstance?
A: The basis is loss of reasoning and selfcontrol,
A:Thebasisisdiminutionofintent. therebydiminishingtheexerciseofhiswillpower.

Q: Should there be a notable and evident Q:Whatisprovocation?
disproportion between the means employed by
the offender compared to that of the resulting A:Provocationisanyunjustorimproperconductor
felony? act of the offended party, capable of exciting,
incitingorirritatinganyone.

31

Q: What are the requisites of sufficient threat or thatatthetimetheoffendercommittedthe
provocationasamitigatingcircumstance? crime, he is still suffering from outrage of
thethreatorprovocationdonetohim,then,
A: hewillstillgetthebenefitofthismitigating
1. Provocationmustbesufficient. circumstance.
2. Itmustoriginatefromtheoffendedparty.
3. Itmustbeimmediatetotheact. Q: Should threat be offensive and positively
strong?
Q: How is sufficient threat or provocation as a
mitigating circumstance distinguished from threat A:No.Threatshouldnotbeoffensiveandpositively
orprovocationasanelementofselfdefense? strong because if it was, the threat to inflict real
injuryisanunlawfulaggressionwhichmaygiverise
A: As an element of self defense it pertains to its to selfdefense and thus, no longer a mitigating
absence on the part of the person defending circumstance.
himself while as a mitigating circumstance, it
pertainstoitspresenceonthepartoftheoffended 5.VINDICATIONOFAGRAVEOFFENSE
party.(Peoplev.CA,G.RNo.103613,Feb.23,2001)
Note:Sufficiencydependson: circumstance?
1. Theactconstitutingtheprovocation
2. Thesocialstandingofthepersonprovoked A: The basis is loss of reasoning and selfcontrol,
3. Timeandplaceprovocationtookplace thereby,diminishingtheexerciseofhiswillpower.

Q:TomasmotherinsultedPetra.PetrakillsTomas Note: This has reference to the honor of a person. It
because of the insults. Can Petra avail of the concerns the good names and reputation of the
mitigatingcircumstance? individual(Peoplev.Anpar,37Phil.201)

A:No.Thereisnomitigatingcircumstancebecause Q: What are the requisites of vindication of a
itwasthemotherwhoinsultedher,notThomas. graveoffenseasamitigatingcircumstance?

Q: Why does the law require that provocation A:
must be immediate to the act, i.e., to the 1. Grave offense has been done to the one
commission of the crime by the person who is committing the felony, his spouse,
provoked? ascendants, descendants, legitimate,
naturaloradoptedbrothersorsisters,or
A:Iftherewasanintervaloftime,theconductof relatives by affinity within the same
the offended party could not have excited the degree.
accusedtothecommissionofthecrime,hehaving
had time to regain his reason and to exercise self 2. Felonyiscommittedinvindicationofsuch
control.Moreover,thelawpresupposesthatduring graveoffense.
that interval, whatever anger or diminished self
control may have emerged from the offender had Q:Whatisthemeaningofthewordoffenseinthis
alreadyvanishedordiminished. particularmitigatingcircumstance?

Note: As long as the offender at the time he A: The word offense should not be construed as
committed the felony was still under the felony was equivalent to crime. It is enough that what was
stillundertheinfluenceoftheoutragecausedbythe donewaswrong.
provocationorthreat,heisactingunderadiminished
selfcontrol. This is the reason why it is mitigating. Note:Thevindicationneednotbedonebytheperson
However,youhavetolookattwocriteria: uponwhomthegraveoffensewascommittedorwho
was offended by the wrong done by the offended
1. If from the element of time, there is a party.
materiallapseoftimestatedintheproblem
and there is nothing stated in the problem Q: What factors should be considered in
that theeffect of the threat orprovocation determiningwhetherthewrongisgraveornot?
hadprolongedandaffectedtheoffenderat
thetimehecommittedthecrime,then,you A:
usethecriterionbasedontimeelement.
2. However, if there is that time element and 1.Age
at the same time, facts are given indicating
32 CRIMINALLAWTEAM:
2.Education
3.Socialstatus Q: What are the elements of passion or
obfuscationasamitigatingcircumstance?
Q: Is lapse of time allowed between the
vindicationandthedoingofthegraveoffense? A:
1. Accusedacteduponanimpulse
A:Yes.Itisenoughthat: 2. Impulse must be so powerful that it
1. Theoffendercommittedthecrime; naturallyproducedpassionorobfuscation
2. The grave offense was done to him, his inhim.
spouse,hisascendantordescendantorto
his brother or sister, whether natural, Note: The passion or obfuscation should arise from
adoptedorlegitimate lawfulsentimentsinordertobemitigating.
3. Thegraveoffenseistheproximatecause
ofthecommissionofthecrime. Q: What are the requisites of passion or
obfuscation?
Note: A mitigating circumstance only when the same
arosefromlawfulsentiments. A:
1. That there is an act, both unlawful and
Q:Comparethecircumstancesofsufficientthreat sufficient to produce such a condition of
orprovocationandvindicationofagraveoffense. mind.
2. That the said act which produced the
A: obfuscation was not far removed from
SUFFICIENTTHREATOR VINDICATIONOFGRAVE the commission of the crime by a
PROVOCATION OFFENSE considerablelengthoftime,duringwhich
Thegraveoffensemaybe theperpetratormightrecoverhisnatural
Itismadedirectlyonlyto
committedalsoagainst equanimity.
thepersoncommitting
theoffendersrelatives
thefelony.
mentionedinthelaw. Note:Thisparticularmitigatingcircumstancestandson
Theoffendedpartymust the premise that the offender is suffering from a
Thecausethatbrought
havedoneagrave diminished selfcontrol because of the passion or
abouttheprovocation
offenseagainstthe obfuscation.
neednotbeagrave
offenderorhisrelatives
offense.
mentionedinthelaw. Q: What is the rule when the three mitigating
Thevindicationofthe circumstances of sufficient threat or provocation
Itisnecessarythatthe graveoffensemaybe (par.4),vindicationofagravewrong(par.5)and
provocationorthreat proximatewhichadmits passionorobfuscation(par.6)arepresent?
immediatelypreceded ofintervaloftime

theact.Theremustbeno betweenthegrave
A:
intervaloftimebetween offensecommittedbythe
theprovocationandthe offendedpartyandthe
GR: If the offender is given the benefit of
commissionofthecrime. commissionofthecrime paragraph 4, he cannot be given the benefit of
oftheaccused. paragraph5or6,orviceversa.Onlyoneofthe
three mitigating circumstances should be given
6.PASSIONOROBFUSCATION infavoroftheoffender.

Q: What is the basis of this mitigating XPN: If the mitigating circumstances under
circumstance? paragraphs 4, 5 and 6 arise from different sets
of facts, they may be appreciated together,
A: The basis is loss of reasoning and selfcontrol, although they may have arisen from one and
therebydiminishingtheexerciseofhiswillpower. thesamecase.

Note: The passion must be legitimate. As a rule, it
Q:Whatispassionorobfuscation?
cannotbebasedoncommonlawrelationshipbecause
commonlawrelationshipsareillicit.
A: Passion and obfuscation refer to emotional

feeling which produces excitement so powerful as
Q:Whenispassionorobfuscationnotamitigating
toovercomereasonandselfcontrol.Itmustcome
circumstance?
frompriorunjustorimproperacts.Thepassionand

obfuscation must emanate from legitimate
A:Iftheactiscommittedinthespiritof:
sentiments.
1. Lawlessness
33

2. Revenge The criterion is whether or not the offender had
gone into hiding or had the opportunity to go into
Q: What are the distinctions between hiding and the law enforcers do not know of his
passion/obfuscationandprovocation? whereabouts.

A: Note: If after committing the crime, the offender did
PASSION/OBFUSCATION PROVOCATION notfleeandinsteadhewentwiththerespondinglaw
Itisproducedbyanimpulse Theprovocation enforcers meekly, voluntary surrender is not
whichmaycause comesfromthe applicable.
provocation injuredparty
Theoffenseneednotbe Ifaftercommittingthecrime,theoffenderdidnotflee
immediate.Itisonly Itmustimmediately andinsteadwaitedforthelawenforcerstoarrive,and
requiredthattheinfluence precedethe thenhesurrenderedtheweaponheusedinkillingthe
thereoflastsuntilthe commissionofthe victim,voluntarysurrenderismitigating.
momentthecrimeis crime.
committed If the offender comes out from hiding because he is
seriouslyillandhewantstogetmedicaltreatment,the
Q: What are the distinctions between surrenderisnotconsideredasindicativeofremorseor
repentance.Thesurrenderisnotmitigating.
passion/obfuscationandirresistibleforce?

A: Q:Whatdoesspontaneousmean?
PASSIONOBFUSCATION IRRESISTIBLEFORCE

Mitigatingcircumstance Exemptingcircumstance A: It emphasizes the idea of inner impulse acting
Itcannotgiveriseto without external stimulus. The conduct of the
irresistibleforcebecause accused, not his intention alone, after the
Itrequiresphysicalforce. commission of the offense, determines the
passionorobfuscation
hasnophysicalforce. spontaneityofthesurrender.
Thepassionor
Itmustcomefromathird E.g. If the accused surrendered after 5 years, not
obfuscationisinthe
person. spontaneousanymore.
offenderhimself
Itmustarisefromlawful
Itisunlawful. If the accused surrendered after talking to town
sentiments.
councilor,nolongeravoluntarysurrendersincethere

isexternalstimulus.
7.VOLUNTARYSURRENDERANDCONFESSIONOF

GUILT
Q: Does the law require that the accused

surrenderpriortotheorderofarrest?

circumstance?
A: The law does not require that the accused

surrenderpriortotheorderofarrestwhatmatters
A:Thebasisisthelesserperversityoftheoffender.
is the spontaneous surrender of the accused upon

learning that a warrant of arrest had been issued
Q:Whataretherequisitesofvoluntarysurrender
against him and that voluntary surrender is
asamitigatingcircumstance?
obediencetotheorderofarrestissuedagainsthim

(Peoplev.Cahilig,68Phil.740)
A:

1. Offenderhadnotbeenactuallyarrested.
Q:Whyisvoluntarysurrenderismitigating?
2. Surrender was made to a person in

authorityorthelatter'sagent.
A: If he would give up, his act of surrendering
3. Surrenderwasvoluntary.
undersuchcircumstanceindicatesthatheiswilling

to accept the consequences of the wrong he has
Q:Whenissurrenderconsideredvoluntary?
done which thereby saves the government the

effort, time and expenses to be incurred in
A:Whenitisspontaneous,demonstratingintentto
searchingforhim.
submit himself unconditionally to the person in

authorityorhisagent.
Q:Whoisapersoninauthority?

Whetherornotawarrantofarresthadbeenissued
A: He is one directly vested with jurisdiction,
againsttheoffenderisimmaterialandirrelevant.
whether as an individual or as a member of some

court/government/corporation/board/commission.
34 CRIMINALLAWTEAM:
Q: Upon learning that the police wanted him for

Note:Barriocaptain/chairmanincluded. the killing of Polistico, Jeprox decided to visit the
police station to make inquiries. On his way, he
Q:Whoisanagentofpersoninauthority? met a policeman who immediately served upon
himthewarrantforhisarrest.Duringthetrial,in
A:Heisapersonwhobydirectprovisionoflaw,or thecourseofthepresentationoftheprosecutions
by election, or by appointment by competent evidence, Jeprox withdrew his plea of not guilty.
authorityischargedwiththemaintenanceofpublic Can he invoke the mitigating circumstances of
order and the protection and security of life and voluntarysurrenderandpleaofguilty?Explain.
property and any person who comes to the aid of
personsinauthority. A: Jeprox is not entitled to the mitigating
circumstanceofvoluntarysurrenderashisgoingto
Q: If the accused escapes from the scene of the the police station was only for the purpose of
crime in order to seek advice from a lawyer, and verification of the news that he is wanted by the
thelatterorderedhimtosurrendervoluntarilyto authorities. In order to be mitigating, surrender
the authorities, which the accused followed by mustbespontaneousandthatheacknowledgeshis
surrendering himself to the municipal mayor, will guilt.
hissurrenderbeconsideredmitigating?
Neither is plea of guilty a mitigating circumstance
A:Yes,becausehefledtothesceneofacrimenot becauseitwasaqualifiedplea.Besides,Art.13(7)
toescapebuttoseeklegaladvice. provides that confession of guilt must be done
before the prosecution had started to present
Q: Supposing that after the accused met a evidence.(1992BarQuestion)
vehicular accident causing multiple homicide
because of reckless imprudence, he surrenders to 8.PHYSICALDEFECT
the authorities immediately thereafter, will his
surrendermitigatehisliabilitybecauseofArt.13? Q: What is the basis of this mitigating
circumstance?
A: No. In cases involving felonies committed by
means of culpa, the court is authorized under Art. A: The basis is the diminution of the element of
365 to impose a penalty upon offender without voluntariness.
regard to the rules on mitigating and aggravating
circumstances. Q:Whatisphysicaldefect?

Q:Whataretherequisitesofconfessionofguiltas A:Aperson'sphysicalcondition,suchasbeingdeaf
amitigatingcircumstance? and dumb, blind, armless, cripple, or stutterer,
whereby his means of action, defense or
A: communication with others are restricted or
1. Offendervoluntarilyconfessedhisguilt. limited.Thephysicaldefectthatapersonmayhave
2. Itwasmadeinopencourt(thatisbefore must have a relation to the commission of the
the competent court that is to try the crime.
case).
3. It was made prior to the presentation of Q: Suppose X is deaf and dumb and he has been
evidencefortheprosecution. slandered, he cannot talk so what he did was, he
got a piece of wood and struck the fellow on the
Note:Pleaofguiltyisnotapplicabletospeciallaw. head. X was charged with physical injuries. Is X
entitledtoamitigatingcircumstancebyreasonof
If both plea of guilt and voluntary surrender are hisphysicaldefect?
present, they are considered as two independent
mitigatingcircumstances. A: Yes, the Supreme Court held that being a deaf
and dumb is mitigating because the only way is to
Q: Will a conditional plea of guilty be considered usehisforcebecausehecannotstrikeback.
asamitigatingcircumstance?
Note:Thelawsaysthattheoffenderisdeafanddumb,
A: To be mitigating, the plea of guilty must be meaning not only deaf but also dumb, or that he is
without conditions. But conditional plea of guilty blind,meaninginbotheyes,butevenifheisonlydeaf
maystillbemitigatingiftheconditionsimposedby andnotdumb,ordumbbutnotdeaf,orblindonlyin
theaccusedarefoundtobemeritorious. eye, he is still entitled to a mitigating circumstance
under this article as long as his physical defects
35

restricts his means of communication, defense, 3. Defendantwhois60yearsoldwithfailing
communicationwithhisfellowmen. eyesight is similar to a case of a person
over 70 years of age. (People v. Reantillo
The law does not make a distinction between andRuiz,C.A.G.R.No.301,July27,1938)
educatedanduneducateddeafmuteorblindpersons.

4. Impulse of jealous feeling, similar to
Thephysicaldefectthatapersonmayhavemusthave
passionandobfuscation.
a relation to the commission of the crime. Not any
physicaldefectwillaffectthecrime.Itwillonlydosoif
it has some relation to the crime committed. This 5. Voluntary restitution of property, similar
circumstance must also have a bearing on the crime tovoluntarysurrender.
committed and must depend on how the crime was
committed. 6. Outraged feeling of the owner of animal
taken for ransom is analogous to
9.ILLNESSOFTHEOFFENDER vindicationofgraveoffense

Q: What is the basis of this mitigating 7. Esprit de corps is similar to passion and
circumstance? obfuscation

A:Thebasisisdiminutionofintelligenceandintent. Q: What are the circumstances which are neither
exemptingnormitigating?
Q: What are the requisites of illness of the
offenderasamitigatingcircumstance? A:
1. Mistakeinthebloworaberratioictus
A: 2. Mistakeintheidentity
1. Illness of the offender must diminish the 3. Entrapment
exerciseofwillpower. 4. Accusedisover18yearsofage
5. Performanceofrighteousaction
2. Such illness should not deprive the
offendertheconsciousnessofhisacts. Q: Give circumstances which are considered as
specificmitigatingcircumstances?
Note: Illness of the mind, not amounting to insanity,
maybemitigating.
A:

1. Illegaldetention(voluntaryreleasewithin
If the illness not only diminishes the exercise of the
offenders will power but deprives him of the
3days;withoutattainingpurpose;before
consciousness of his acts, it becomes an exempting criminalaction)
circumstancetobeclassifiedasinsanityorimbecility. 2. Adultery(abandonmentofspouse)
3. Infanticide/abortion (intent to conceal
10.SIMILARANDANALOGOUSCIRCUMSTANCES dishonorofmother)

Q: What are the examples of analogous AGGRAVATINGCIRCUMSTANCES(Art.14)
circumstances?
Q:Whatareaggravatingcircumstances?
A:
1. Theactoftheoffenderofleadingthelaw A: Those which, if attendant in the commission of
enforcers to the place where he buried thecrime:
the instrument of the crime has been 1. Serve to have the penalty imposed in its
considered as equivalent to voluntary maximumperiodprovidedbylawforthe
surrender. offense;or

2. Stealing by a person who is driven to do 2. Changethenatureofthecrime.
so out of extreme poverty is considered
as analogous to incomplete state of Q:Whatisthebasisofaggravatingcircumstances?
necessity.(Peoplev.Macbul,74Phil.436)
Unless he became impoverished because A: The basis is the greater perversity of the
ofhisownwayoflivinghislife,i.e.hehad offender manifested in the commission of the
somanyvices. felonyasshownby:
1. Motivatingpoweritself

36 CRIMINALLAWTEAM:
2. Placeofcommission 18. Unlawfulentry

19. Breakingwall
3. Meansandwaysemployed 20. Aidofminororbymeansofmotorvehicle
orothersimilarmeans
4. Time 21. Cruelty

5. Personalcircumstancesofoffenderor Note:Nos.16,910,14,18,19aregenericaggravating
offendedparty circumstances

Q: What are the kinds of aggravating Nos. 3, 7, 8, 11, 12, 1517, 20, 21 are specific
circumstances? aggravatingcircumstances
No.16isacaseofqualifiedaggravatingcircumstance
A:
Nos. 1, 13, 17, 19 are inherent aggravating
1. Genericorthosethatcangenerallyapply
circumstances
toallcrime

Q: What are the distinctions between generic
2. Specific or those that apply only to a
particularcrime aggravatingandqualifyingcircumstances?

3. Qualifying or those that change the A:
natureofthecrime QUALIFYING
GENERICAGGRAVATING
AGGRAVATING
CIRCUMSTANCES
CIRCUMSTANCES
4. Inherent or those that must of necessity
Canbeoffsetbyan
accompanythecommissionofthecrime Cannotbeoffsetbyany
ordinarymitigating
mitigatingcircumstances.
circumstance.
5. Specialorthosewhichariseunderspecial
Thecircumstanceis
conditions to increase the penalty of the actuallyaningredientof
offense and cannot be offset by Itisnotaningredientofa
thecrime.The
mitigatingcircumstances crime.Itonlyaffectsthe
circumstanceaffectsthe
penaltytobeimposed
natureofthecrimeitself
Note: The aggravating circumstances must be butthecrimeremainsthe
suchthattheoffender
establishedwithmoralcertainty,withthesamedegree same.
shallbeliableforamore
ofproofrequiredtoestablishthecrimeitself. seriouscrime.
Tobeappreciatedassuch
Q:Whatarethosecircumstanceswhichaggravate mustbespecifically
criminalliability? allegedinthecomplaint
Noneedtoallegethis orinformation.
A: circumstanceinthe
1. Advantagetakenofpublicposition information,aslongasit Ifnotallegedbutproven
2. Contemptorinsulttopublicauthorities isprovenduringtrial. duringthetrial,itwillbe
3. Disregard of age, sex, or dwelling of the consideredonlyas
offendedparty Ifitisprovedduringtrial, genericaggravating
4. Abuse of confidence and obvious thesameisconsideredin circumstance.Ifthis
ungratefulness imposingthepenalty. happens,theyare
5. Palace and places of commission of susceptibleofbeing
offsetbyanordinary
offense
mitigatingcircumstance.
6. Nighttime,uninhabitedplaceorband

7. Onoccasionofcalamityormisfortune
Note: When there is more than one qualifying
8. Aidofarmedmen,etc.
aggravatingcircumstancepresent,oneofthemwillbe
9. Recidivist appreciatedasqualifyingaggravatingwhiletheothers
10. Reiteracionorhabituality willbeconsideredasgenericaggravating.
11. Price,reward,orpromise
12. Bymeansofinundation,fire,etc. Q: Is generic aggravating circumstance necessary
13. Evidentpremeditation tobeallegedintheinformation?
14. Craft,fraudordisguise
15. Superior strength or means to weaken
thedefense A:Undersec.8and9ofRule110oftheROC,even
16. Treachery generic aggravating circumstances should be
17. Ignominy allegedintheinformation.
37

Section 8. Designation of the offense. The
complaintorinformationshallstatethedesignation Q: If the crime charged is qualified trespass to
oftheoffensegivenbythestatute,avertheactsor dwelling,isdwellingaggravating?
omissions constituting the offense, and specify its
qualifyingandaggravatingcircumstances.Ifthereis A: No. This is because aggravating circumstances
no designation of the offense, reference shall be which in themselves constitute a crime specially
made to the section or subsection of the statute punishable by law or which in themselves are
punishingit. includedbylawindefiningacrimeandprescribing
a penalty therefor shall not be taken into account
Section 9. Cause of the accusation. The acts or for the purpose of increasing the penalty (Art. 62,
omissionscomplainedofasconstitutingtheoffense par.1).Sincedwellingisanelementofthecrimeof
and the qualifying and aggravating circumstances qualified trespass to dwelling, it should not be
must be stated in ordinary and concise language takenintoaccountinincreasingthepenalty.
and not necessarily in the language used in the
statutebutintermssufficienttoenableapersonof Q:Whatarepersonalaggravatingcircumstances?
common understanding to know what offense is
being charged as well as its qualifying and A: Aggravating circumstances, which are personal,
aggravating circumstances and for the court to suchasthosewhicharisefrom:
pronouncejudgment.
1. Themoralattributesoftheoffender
2. His private relations with the offended
Q:Theaccusedwaschargedwithmurder.Threeof
party
these circumstances: treachery, evident
3. Anypersonalcause
premeditation and the act was done in

considerationofaprice,rewardorpromise,were
Q: How are personal aggravating circumstances
alleged as aggravating. May the three
appreciated?
circumstancesbeappreciatedasqualifying?

A: It shall only serve to aggravate the liability of
A:No,onlyoneoftheseisqualifying.Ifanyoneof
those persons as to whom such circumstances are
the three circumstances was proven, the crime
attendant.(Art.62,par.3)
already constitutes murder. If the other two are

also proven, even if they are alleged in the
Q: What is the rule regarding the appreciation of
informationorcomplaint,theyareonlytobetaken
an aggravating circumstance if there are several
asgeneric.Ifthereisanymitigatingcircumstancein
accused?
favoroftheoffender,thetwoothercircumstances

which are otherwise qualifying could be offset by
A:
theordinarymitigatingcircumstances.
GR:Thecircumstanceswhichconsistinthe:

1. Materialexecutionoftheact;or
Q: Suppose in a crime of murder, the qualifying
2. Meansemployedtoaccomplishit,
circumstance alleged in the information was
willonlyaggravatethecriminalliabilityofthose
treachery. During the trial, what was proven was
persons who employed or who had knowledge
theprice,rewardorpromiseasaconsiderationfor
ofthematthetimeoftheexecutionoftheact
killing.Maytheaccusedbeconvictedofmurder?
ortheircooperationtherein.

A: No, the accused cannot be convicted of murder
XPN: When there is proof of conspiracy, in
because the circumstance proven was not the one
which case the act of one is deemed to be the
allegedintheinformation,hence,itisnotqualifying
actofall,regardlessoflackofknowledgeofthe
butmerelygeneric.
facts constituting the circumstance. (Art. 62,

par.4)
If any of these qualifying circumstances is not

allegedintheinformation,itcannotbeconsidered
1.TAKINGADVANTAGEOFPUBLICPOSITION
qualifying because a qualifying circumstance is an

ingredient of the crime and it cannot be taken as
Q:Whenisitapplicable?
such without having been alleged in the

information.
A: Only when the offender is a public officer. The

offendermusthaveabusedhispublicpositionorat
This is because it will violate the right of the
least,useofthesamefacilitatedthecommissionof
accused to be informed of the nature of the
theoffense.
accusationagainsthim.
38 CRIMINALLAWTEAM:
Note: Teachers, professors, supervisors of public and

Note: Public officer must have used the influence, duly recognized private schools, colleges and
prestige or ascendancy of his office as the means by universities,aswellaslawyersarepersonsinauthority
whichherealizeshispurpose. only for purposes of direct assault and simple
resistance, but not for purposes of aggravating
Q: What is the basis for this aggravating circumstancesinpar.2,Art.14.
circumstance?
Q:Whoareagentsofapersoninauthority?
A: Greater perversity of the offender as shown by
themeans: A: Agents of a person in authority are any person,
1. Ofpersonalcircumstanceoftheoffender who, by direct provision of law or any election or
2. Used to secure the commission of the appointment by competent authority, are charged
crime with the maintenance of public order and the
protectionandsecurityoflifeandpropertysuchas
Note:Tobeapplicable,thepublicofficermustusehis: barrio councilman, barrio policeman and barangay
a. influence leader, and any person who comes to the aid of
b. prestige personsinauthority.(Art.152,RPC)
c. ascendancy
Note:Par.2ofArt.14doesnotapplywhenthecrime
Q:Whenisitnotapplicable? iscommittedinthepresenceofanagentonly.

A: It is not applicable in offenses where taking Q:Isitnecessarythattheoffenderhasknowledge
advantage of official position is made by law an thatapublicauthorityispresent?
integral element of the crime. e.g. malversation or
falsification of a document committed by public A: Knowledge that a public authority is present is
officers. essential. Lack of such knowledge indicates lack of
intentiontoinsultthepublicauthority.
Note: Taking advantage of a public position is also
inherentinthecaseofaccessoriesunderArt.19,par.3 Note: If crime committed is against the public
(harboring,concealing,orassistingintheescapeofthe authority while in the performance of his duty, the
principal of the crime), and in crimes committed by offender commits direct assault without this
publicofficers(Arts.204245). aggravatingcircumstance.

2.CONTEMPTORINSULTTOPUBLIC 3.DISREGARDOFRANK,AGE,SEXORDWELLING
AUTHORITIES OFOFFENDEDPARTY

Q:Whataretherequisitesofcontemptorinsultof Q: What are the requisites of "disregard of rank,
publicauthoritiesasanaggravatingcircumstance? age, sex or dwelling" as an aggravating
circumstance?
A:
1. Publicauthorityisengagedintheexercise A:Theactbecommitted:
ofhisfunctions.
1. With insult or in disregard of the respect
2. Such public authority is not the person due to the offended party on account of
againstwhomthecrimeiscommitted. his:
a. Rank
3. Offender knows him to be a public b. Age
authority. c. Sex

4. His presence has not prevented the 2. That it be committed in the dwelling of
offenderfromcommittingthecrime. the offended party, if the latter has not
givensufficientprovocation.
Q:Whoisapublicauthority?
Note:Appliesonlytocrimesagainstpersonsorhonor,
A: A public authority, also called a person in andnotagainstpropertylikeRobberywithhomicide.
authority, is a public officer who has the power to
governandexecutethelaws.e.g.municipalmayor, The four circumstances enumerated should be
barangaycaptain,chiefofpolice. consideredasoneaggravatingcircumstanceonly.

39

Q:Whatdoeswithinsultorindisregardmean? 2. When the offender and the offended
partyareoccupantsofthesamehouse.
A:Itmeansthatinthecommissionofthecrime,the
offender deliberately intended to offend or insult 3. In the crime of robbery by use of force
therank,sexorageoftheoffendedparty. uponthings.

Q:Towhatdoesrankrefer? 4. Inthecrimeoftrespasstodwelling.

A: It refers to official, civil or social position or 5. Thevictimisnotadwellerofthehouse.
standing.Thedesignationortitleofdistinctionused
tofixtherelativepositionoftheoffendedpartyin 6. Whenboththeoffenderandtheoffended
referencetoothers. party are occupants of the same house
exceptincaseofadulteryintheconjugal
Theremustbeadifferenceinthesocialconditionof dwelling, the same is aggravating,
theoffenderandtheoffendedparty. however, if the paramour also dwells in
the conjugal dwelling, the applicable
Q: When is age considered as an aggravating aggravating circumstance is abuse of
circumstance? confidence.

A:Ageappliesincaseswherethevictimisoftender Q:Whatifonehalfofthehouseisusedasastore
ageorisofoldage. andtheotherhalfisusedfordwellingbutthereis
onlyoneentrance?
Q:Whatdoessexrefer?
A:Ifthedwellingportionisattacked,dwellingisnot
A:Sexreferstothefemalesex,nottomalesex. aggravating because whenever a store is open for
business, it is a public place and as such, is not
Q:Whatisdwelling? capableofbeingthesubjectoftrespass.

A: Dwelling is a building or structure exclusively Note:Wherethedwellingportionisattackedandeven
used for rest or comfort. It includes temporary ifthestoreisopen,thereisanotherseparateentrance
dwelling, dependencies, foot of the staircase, and to the portion used for dwelling, the circumstance is
enclosureofthehouse. aggravating.

Q:Shouldthedwellingbeownedbytheoffended If the wife commits the crime of adultery the
party? aggravating circumstance of dwelling can still be
appreciated.

A: No. It is enough that he used the place for his
Ifthewifekilledherhusbandintheconjugalhousethe
peaceofmind,rest,comfortandprivacy.
aggravating circumstance of dwelling cannot be
appreciated.
Note: Dwelling does not mean the permanent
residenceordomicileoftheoffendedpartyorthathe If the employer raped their maid the aggravating
must be the owner thereof. He must, however, be circumstanceofdwellingcannotbeappreciated.
actuallylivingordwellingthereinevenforatemporary

durationorpurpose.
Q: What is the meaning of provocation in the

It is not necessary that the accused should have
aggravatingcircumstanceofdwelling?
actuallyenteredthe dwelling ofthe victim to commit
theoffense.Itisenoughthatthevictimwasattacked A:Theprovocationmustbe:
insidehisownhouse,althoughtheassailantmayhave 1. Givenbytheownerofthedwelling
devised means to perpetrate the assault. i.e.
triggerman firedthe shot from outside thehouse, his 2. Sufficient
victimwasinside.
3. Immediate to the commission of the
Q:Whenisdwellingnotaggravating? crime

A: Note:Ifalltheseconditionsarepresent,theoffended
1. When owner of the dwelling gave party is deemed to have given the provocation, and
sufficientandimmediateprovocation. thefactthatthecrimeiscommittedinthedwellingof
theoffendedpartyisnotanaggravatingcircumstance.
40 CRIMINALLAWTEAM:
A:
Q: When is the aggravating circumstance of 1. The offended party had trusted the
disregard of rank, age, sex notconsidered for the offender.
purposeofincreasingthepenalty? 2. The offender abused such trust by
committing a crime against the offended
A: party.
1. Whentheoffenderactedwithpassionor 3. The act be committed with obvious
obfuscation.(Allthreecircumstances) ungratefulness.

2. Whenthereexistsarelationshipbetween Note: The ungratefulness must be such clear and
the offended party and the offender. manifestingratitudeonthepartoftheaccused.
(circumstance of sex only), e.g. parricide,
rape,abductionandseduction. Abuse of confidence and obvious ungratefulness are
treatedasseparateaggravatingcircumstances.
3. When the condition of being a woman is
indispensable in the commission of the 5.PALACEANDPLACESOF.COMMISSION
crime. OFFENSE

4.ABUSEOFCONFIDENCEOROBVIOUS Q:Whataretherequisitesofpalaceandplacesof
UNGRATEFULNESS commission of offense as an aggravating
circumstance?
Q:Whataretherequisitesofabuseofconfidence
asanaggravatingcircumstance? A:Thecrimebecommitted:
1. InthepalaceoftheChiefExecutive;or
A: 2. Inhispresence;or
1. Offendedpartyhadtrustedtheoffender. 3. Where public authorities are engaged in
thedischargeoftheirduties;or
2. Offenderabusedsuchtrustbycommitting 4. Inaplacededicatedtoreligiousworship.
acrimeagainstoffendedparty.
Q: If the crime is in the Malacaang palace or
3. Abuse of confidence facilitated the church,isitalwaysaggravating?
commissionofthecrime.
A:Yes.Regardlessofwhetherornotofficialduties
Note:Thisisaggravatingonlywhentheveryoffended or religious functions are being conducted. Chief
partyistheonewhoreposedtheconfidence. Executive's presence alone in any place where the
crime is committed is enough to constitute the
Q: Must the confidence between the parties be aggravatingcircumstance.
immediateandpersonal?
Note:ThePresidentorChiefExecutiveneednotbein
A:Yes,aswouldgivetheaccusedtheadvantageor thePalacetoaggravatetheliabilityoftheoffender.
make it easier for him to commit the crime. The
confidence must be a means of facilitating the As regards other places where public authorities are
engagedinthedischargeoftheirduties,theremustbe
commissionofacrime.
someperformanceofpublicfunctions.

Q:Inwhatcrimesisabuseofconfidenceinherent?
Q: Supposing, a crime was committed in the
presidential mansion. Can the aggravating

A:
circumstance of palace of the Chief Executive be
1. Malversation
appreciated?
2. Qualifiedtheft

3. Estafabyconversionormisappropriation
A:No.Themansionisnotthepalace.
4. Qualifiedseduction

Q: Are cemeteries considered as places dedicated

Note: Abuse of confidence is not considered for the
purposeofincreasingthepenalty.
toworshipofGod?

Q: What are the requisites of obvious A: No. Cemeteries, however respectable they may
ungratefulnessasanaggravatingcircumstance? be, are not considered as place dedicated to the
worshipofGod.

41

Note:Theplacemustbededicatedtopublicreligious Note: Took advantage means that the
worship.Privatechapelsnotincluded. accused availed himself thereof for the
successfulconsummationofhisplans.
The offender must have the intention to commit a
crimewhenheenteredtheplace. Q:Whatisnighttime?

Q:Isapollingprecinctapublicplace? A: Nighttime or nocturnity is the period of time
aftersunsettosunrise,fromdusktodawn.
A:Apollingprecinctisapublicplaceduringelection
day. It is necessary that the commission of the crime
wascommencedandcompletedatnighttime.
Q:Whatarethedistinctionsbetweenparagraph5
andparagraph2? Q:Whatmakesthiscircumstanceaggravating?

A: A:Darknessofthenight.Hencewhentheplaceof
WHEREPUBLIC the crime is illuminated by light, nighttime is not
CONTEMPTOR
AUTHORITIESAREENGAGED aggravating.
INSULTTOPUBLIC
INTHEDISCHARGEOFTHEIR
AUTHORITIES(PAR.2)
DUTIES(PAR.5) Note:Itmustbeshownthattheoffenderdeliberately
Placewherepublicdutyisperformed sought the cover of darkness and the offender
Intheiroffice. Outsideoftheiroffice purposelytookadvantageofnighttimetofacilitatethe
Theoffendedparty commissionoftheoffense.
Publicauthority
Mayormaynotbethepublic
shouldnotbethe Q: Supposing, the crime was committed inside a
authority
offendedparty. dark movie house at around 4 p.m. Can the
aggravating circumstance of nighttime be
Note: In both, public authorities are in the appreciated?
performanceoftheirduties.
A:No,becausewhatshouldbeespeciallysoughtfor
6.NIGHTTIME,UNINHABITEDPLACEORBAND is the darkness of night, not the darkness of the
moviehousewhenthelightswereonlyoffbecause
Q:Whataretherequisites? itwasonly4intheafternoon.

A:Thecrimebecommitted: Q: Supposing, the crime was committed inside a
1. Inthenighttime;or movie house when the lights were still open and
2. Inanuninhabitedplace;or the time then was 9 p.m. Can the aggravating
3. Byaband. circumstanceofnighttimebeappreciated?

Q:Whenisitaggravating? A:No,becauseevenifitwasnighttime,theplaceof
the commission was welllighted when the crime
A:When: wascommitted.
1. Itfacilitatedthecommissionofthecrime
Q: What is the rule in the appreciation of
2. Itespeciallysoughtforbytheoffenderto nighttime and treachery if present in the
ensurethecommissionofthecrimeorfor commissionofacrime?
thepurposeofimpunity
A:
Note: Especially sought means that the GR:Nighttimeisabsorbedintreachery.
offender sought it in order to realize the

crimewithmoreease
XPN: Where both the treacherous mode of

attackandnocturnityweredeliberatelydecided
Impunity means to prevent his (accused)
being recognized or to secure himself
upon,theycanbeconsideredseparatelyifsuch
againstdetectionandpunishment. circumstanceshavedifferentfactualbases.

3. The offender took advantage thereof for Q:Whatisanuninhabitedplace(despoblado)?
thepurposeofimpunity
A:Itiswheretherearenohousesatall,aplaceata
considerable distance from town, or where the
42 CRIMINALLAWTEAM:
housesarescatteredatagreatdistancefromeach Note:Offendermusttakeadvantageofthecalamity.
other.
Q: To what does other calamity or misfortune
Note: It is determined not by the distance of the referto?
nearest house to the scene of the crime but whether
or not in the place of the commission of the offense, A:Itreferstootherconditionsofdistresssimilarto
there was a reasonable possibility of the victim theprecedingenumeration.
receivingsomehelp.
8.AIDOFARMEDMEN
Q:Whenisuninhabitedplaceaggravating?
Q:Whataretheelements?
A: To be aggravating, it is necessary that the
offendertookadvantageoftheplaceandpurposely A:Thecrimebecommittedwiththeaidof:
availed of it as to make it easier to commit the
crime. 1. Armedmen,or

Q:Whatisaband? 2. Personswhoinsureoraffordimpunity

A:Itmeansthatthereareatleastfourmalefactors Q:Whataretherequisitesofaidofarmedmenas
actingtogetherinthecommissionoftheoffense. anaggravatingcircumstance?

Note: Band is absorbed in the circumstance of abuse A:
ofsuperiorstrength. 1. Armed men or persons took part in the
commission of the crime, directly or
Under Article 306, the mere forming of a band even indirectly.
without the commission of a crime is already a crime
2. Accused availed himself of their aid or
sothatbandisnotaggravatinginbrigandagebecause
relied upon them when the crime was
the band itself is the way to commit brigandage.
However, where brigandage is actually committed,
committed.
bandbecomesaggravating.
Note:Armsisnotlimitedtofirearms,sticksandstones
This aggravating circumstance is not applicable in included
crimesagainstchastity.
Aid of armed men includes armed women. (People v.
Licop,G.R.No.L6061,Apr.29,1954)
Q: If one of the four armed malefactors was a

principal by inducement, would there be an
Q:Whenisthecircumstanceofaidofarmedmen
aggravatingcircumstanceofaband?
notconsideredaggravating?

A: None. But the aggravating circumstance of
A:
having acted with the aid of armed men may be
1. Both the attacking party and the party
considered against the inducer if the other two
attackedwereequallyarmed.
actedashisaccomplice.

2. Accusedaswellasthosewhocooperated
7.ONOCCASIONOFCALAMITYORMISFORTUNE
with him in the commission of the crime
acted under the same plan and for the

Q:Whatisthereasonfortheaggravation?
samepurpose.

A:Thedebasedformofcriminalitymetinonewho,
3. When the others were only casually
inthemidstofagreatcalamity,insteadoflending
present and the offender did not avail
aidtotheafflicted,addstotheirsufferingbytaking
himselfofanyoftheiraidorwhenhedid
advantageoftheirmisfortunetodespoilthem.
notknowinglycountupontheirassistance
inthecommissionofthecrime.
Q: Under what circumstances is the crime

committedunderthisparagraph?
Q: What aggravating circumstance will be
considerediftherearefourarmedmen?
A: The crime is committed on the occasion of a

conflagration, shipwreck, earthquake, epidemic or
A:Iftherearefourarmedmen,aidofarmedmenis
othercalamityormisfortune.
absorbedinemploymentofaband.
43

Iftherearethreearmedmenorless,aidofarmed the same title, the implication is that he is
menmaybetheaggravatingcircumstance. specializing on such kind of crime and the law
wantstopreventanyspecialization.
Q: What are the distinctions between a crime
committed by a band under paragraph 6 and a Note: It is necessary to allege recidivism in the
crimecommittedwiththeaidofarmedmenunder information,butifthedefensedoesnotobjecttothe
paragraph8? presentationofevidenceduringthetrialandthesame
wasproven,thecourtshallconsidersuchaggravating
A: circumstancebecauseitisonlygeneric.
WITHTHEAIDOFARMED
BYABAND Q.Isrecidivismsubjecttoprescription?
MEN
Requiresmorethan
Atleasttwo A: No. No matter how long ago the offender was
three.
Requiresthatmorethan Thiscircumstanceis convicted,ifheissubsequentlyconvictedofacrime
threearmedmalefactors presentevenifoneofthe embraced in the same title of the Revised Penal
shallhaveactedtogether offendersmerelyrelied Code, it is taken into account as aggravating in
inthecommissionofthe ontheiraidisnot imposing the penalty (People v. Colocar, 60 Phil.
offense necessary. 878).
Bandmembersareall Armedmenaremere
principals accomplices. Q:Doespardoneraserecidivism?

FORMSOFREPETITIONORHABITUALITYOFTHE A: No, because pardon only excuses the service of
OFFENDER the penalty, but not the conviction. (U.S. v. Sotelo,
28Phil.147)
Q: What are the different forms of repetition or
habitualityoftheoffender? Q: Is it necessary that the conviction come in the
orderinwhichtheywerecommitted?
A:
1. Recidivism A: Yes. Hence, there is no recidivism if the
2. Reiteracion subsequentconviction isforan offensecommitted
3. Habitualdelinquency beforetheoffenseinvolvedinthepriorconviction.
4. Quasirecidivism
Note: If both offenses were committed on the same
9.RECIDIVISM date,theyshallbeconsideredasonlyone,hence,they
cannot be separately counted in order to constitute
Q:Whataretherequisitesofrecidivism? recidivism.Also,judgmentsofconvictionhandeddown
on the same day shall be considered as only one
A: conviction.
1. Offenderisontrialforonecrime
2. He was previously convicted by final Q: In 1980, X committed robbery. While the case
judgmentofanothercrime was being tried, he committed theft in 1983. He
3. Both the first and second offenses are was subsequently found guilty and was convicted
embracedinthesametitleoftheRPC oftheftalsoin1983.Thetrialforhisearliercrime
4. Offenderisconvictedofthenewoffense which was robbery ended in 1984 where he was
alsoconvicted.Istheaccusedarecidivist?
Q:Whatisthemeaningofatthetimeofhistrial
foronecrime? A: The accused is not a recidivist. The subsequent
convictionmustrefertoafelonycommittedlaterin
A:Itisemployedinitsgenericsense,includingthe order to constitute recidivism. The reason for this
rendering of the judgment. It is meant to include is,atthetimethefirstcrimewascommitted,there
everything that is done in the course of the trial, wasnoothercrimeofwhichhewasconvictedsohe
fromarraignmentuntilaftersentenceisannounced cannotberegardedasarepeater.
bythejudgeinopencourt.
Q: Supposing, the first offense was acts of
Q:Whatisthereasonforconsideringrecidivismas lasciviousnessin1980,thenthesecondoffensein
anaggravatingcircumstance? 2006 was attempted rape. Can the aggravating
circumstanceofrecidivismbeappreciated?
A:Thelawconsidersthisaggravatingbecausewhen
apersonhasbeencommittingfeloniesembracedin
44 CRIMINALLAWTEAM:
A: No. Acts of lasciviousness and attempted rape offense offense.

arenotembracedinthesametitleoftheRPC;acts Previousandsubsequent
Previousandsubsequent
of lasciviousness is under crimes against chastity offensemustnotbe
offensemustbeincluded
while attempted rape is under crimes against embracedinthesame
inthesametitleofRPC
persons. titleofRPC
Alwaystakeninto
Q: Supposing, the first offense in 1980 was Notalwaysan considerationinfixingthe
attemptedrape,then,thesecondoffensein2006 aggravatingcircumstance penaltytobeimposed
was acts of lasciviousness. Can the aggravating upontheaccused
circumstanceofrecidivismbeappreciated?
HABITUALDELIQUENCY
A: Yes, because attempted rape then in 1980 was
embraced under crimes against chastity, hence, Q:Whatishabitualdelinquency?
both crimes are embraced in the same title of the
RPC. A:Aspecialaggravatingcircumstancewhichhasthe
effect of increasing the penalty and imposing an
additionalpenaltywhichescalateswiththeincrease
Note: If recidivism and reiteracion are both present,
inthenumberofconvictions.
only recidivism should be appreciated, recidivism

beingeasiertoprove.
Q: What are the requisites of habitual
delinquency?
If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
A:Apersonisahabitualdelinquentif:
aggravatedbyrecidivism,whichcaneasilybeproven.
1. Withinaperiodof10yearsfromthedate
ofhisreleaseorlastconviction;
10.REITERACION 2. Of the crimes of falsification, robbery,
estafa, theft, serious or less serious
Q:Whataretherequisitesofreiteracion? physicalinjuries;
3. He is found guilty of said crimes a third
A: timeoroftener.
1. Accusedisontrialforanoffense
2. Hepreviouslyservedsentencefor Note: To bea habitual delinquent, thelaw requires a
a. Another offense to which the law 3rd conviction. The 2nd conviction must be committed
attachesanequalorgreaterpenalty; within10yearsfromthe1stconvictionorreleasefrom
or prison, from the 2nd to the 3rd conviction, the period
b. Two or more crimes to which it must not be more than 10 years from the second
attaches a lighter penalty than that convictionandsoon.
forthenewoffense.
3. Heisconvictedofthenewoffense. Habitual delinquency, being a special aggravating
circumstance cannot be appreciated unless alleged in
Q: If the penalty attached to the felony theinformation.
subsequently committed is not equal or higher
than the penalty already served, is there Q: Can an offender be a recidivist and a habitual
reiteracion? delinquentatthesametime?

A:No.Hence,reiteracionisnotalwaysaggravating. A;Yes.
However, when there is a third conviction, even if
Illustration:
the penalty for the subsequent crimes committed

be lighter than the ones already served, the
If the 1st conviction is for serious physical injuries or
offenderisalreadyarepeater.
less serious physical injuries and the 2nd conviction is
for robbery, theft or estafa and the 3rd is for
Q: What are the distinctions between reiteracion falsification,thenthemomentthehabitualdelinquent
andrecidivism? isonhisfourthconviction,heisahabitualdelinquent
andatthesametimearecidivistbecauseatleast,the
A: fourth time will have to fall under any of the three
REITERACION RECIDIVISM categories.
Itisnecessarythat Itisenoughthatthefinal
offenderhasservedout judgmenthasbeen Note: When the offender is a recidivist and at the
hissentenceforthe1st renderedforthe1st same time a habitual delinquent, the penalty for the
45

crimeforwhichhewillbeconvictedwillbeincreased 2. He committed a new felony before
to the maximum period, unless offset by a mitigating beginningtoservesuchsentenceorwhile
circumstance. After determining the correct penalty servingthesame
forthelastcrimecommitted,anaddedpenaltywillbe
imposedinaccordancewithArticle62. Note:Theoffendermustbeservingsentencebyvirtue
offinaljudgmenttotriggertheapplicationofArt.160.
Q: What are the distinctions between habitual
delinquencyandrecidivism? Q:WhenisArt.160applicable?

A: A: Art. 160 applies although the next offense is
HABITUALDELINQUENCY RECIDIVISM different in character from the former offense for
Atleastthreeconvictions Twoconvictionsare which the defendant is serving sentence. It makes
arerequired enough no difference whether the crime for which an
Thecrimesarespecified accused is serving sentence at the time of the
andlimitedto:(a)serious Thecrimesarenot commissionoftheoffensecharged,fallsunderthe
physicalinjuries(b)less specified.Itisenough RPCorunderaspeciallaw.
seriousphysicalinjuries thattheymaybe

(c)robbery(d)theft,(e) embracedunderthe
Note: First crime for which the offender is serving
estafaorswindlingand(f) sametitleoftheRPC
sentence need not be a crime under the RPC but the
falsification
secondcrimemustbeoneundertheRPC.Sothatifa
Thereisnotimelimit prisonerisservingsentenceforhomicideandlateron
betweenthe1st found guilty of violation of the AntiDangerous Drugs
Thereisatimelimitof
convictionandthe Law or Illegal Possession of Firearms, this provision is
notmorethan10years
subsequentconviction. notviolated.Thereversehowever,thatiswhereheis
betweeneveryconviction
Recidivismis servingsentence for Illegal Possession of Firearms (or
imprescriptible any crime for that matter) and then committed
Itisagenericaggravating homicide which is a violation of the RPC, makes this
circumstancewhichcan articleapplicable.
Habitualdelinquencyisa beoffsetbyanordinary
specialaggravating mitigatingcircumstance.
Q: What is the justification for imposing a severe
circumstance,henceit Ifnotoffset,itwouldonly
penaltyforquasirecidivists?
cannotbeoffsetbyany increasethepenalty
mitigatingcircumstance. prescribedbylawforthe

crimecommittedtoits A: The severe penalty is justified because of his
maximumperiod. perversityandincorrigibility.
Thecircumstancemust
beallegedinthe Q: What is the difference between quasi
Thecircumstanceneed recidivism and recidivism proper, insofar as
information,otherwise
notbeallegedinthe offsettingofmitigatingcircumstanceisconcerned?
thecourtcannotacquire
information.
jurisdictiontoimposethe
penalty. A:
QUASIRECIDIVISM RECIDIVISMPROPER
QUASIRECIDIVISM Doesnotrequirethatthe
Itrequiresthatboththe
offenseforwhichthe
firstandthesecond
Q:Whatisquasirecidivism? convictisservingandthe
offensesmustembraced
newfelonycommitted
inthesametitleofthe
A: Quasirecidivism is a special aggravating areembracedinthesame
Code.
circumstance where a person, after having been titleoftheCode.
convicted by final judgment, shall commit a new Theaggravating Theaggravating
circumstancesof circumstancesof
felonybeforebeginningtoservesuchsentence,or
recidivismmaynotbe recidivismmaybeoffset
whileservingthesame.
offsetbyanyordinary byanyordinary

mitigatingcircumstance mitigatingcircumstance
Note: To be appreciated, quasirecidivism must be
presentinthe presentinthe
specificallyallegedintheinformation.
commissionofthecrime. commissionofthecrime.

Q:Whataretheelementsofquasirecidivism?
Note: It does not require that the two offenses are
embracedinthesametitleintheRPC.
A:
1. Offender was already convicted by final Q:Whencanaquasirecidivistbepardoned?
judgmentofoneoffense
46 CRIMINALLAWTEAM:
A: the principal by direct participation before the

GR: commissionoftheoffense.
1. When he has reached the age of 70 and
has already served out his original To consider this circumstance, the price, reward, or
sentence,or promisemustbetheprimaryreasonortheprimordial
2. When he shall complete it after reaching motive for the commission of the crime. Thus, if A
saidage approachedBandtoldthelatterwhathethoughtofX,
andBansweredheisabadmantowhichAretorted,
youseeIamgoingtokillhimthisafternoon.Andso,
XPN: Unless by reason of his conduct or other
Btoldhim,ifyoudothatIllgiveyouP5,000.00and
circumstances, he shall not be worthy of such afterkillingX,AagainapproachedB,toldhimhehad
clemency. alreadykilledX,andBincompliancewithhispromise,
delivered the P5,000.00. In this case, the aggravating
Note: Quasirecidivism may be offset by special circumstanceisnotpresent.
privileged mitigating circumstances not by ordinary
mitigatingcircumstances. 12.BYMEANSOFINUNDATION,FIRE,ETC.

If both recidivism and quasirecidivism are present,
Q: What are the aggravating circumstances under
quasirecidivismshouldbeappreciatedinasmuchasit
indicates greater penalty on the part of the accused
thisparagraph?
andisaspecialaggravatingcircumstance.
A:Ifthecrimeiscommittedbymeansof:
11.INCONSIDERATIONOFAPRICE 1. Inundation
REWARDORPROMISE 2. Fire
3. Explosion
Q:Whataretherequisitesunderthisparagraph? 4. Stranding of the vessel or intentional
damagethereto
A: 5. Derailmentoflocomotive;or
1. Thereareatleasttwoprincipals 6. Byuseofanyotherartificeinvolvinggreat
a. Principalbyinducement wasteandruin.
b. Principalbydirectparticipation
Note: Any of these circumstances cannot be
2. The price, reward, or promise should be considered to increase the penalty or to change the
nature of the offense, unless used by the offender as
previous to and in consideration of the
meanstoaccomplishacriminalpurpose.
commissionofthecriminalact.

Whenusedasameanstokillaperson,itqualifiesthe
Note: If without previous promise, it was given
crimetomurder.
voluntarily after the crime had been committed, it

shouldnotbetakenintoconsiderationforthepurpose
Not aggravating when the law in defining the crime
ofincreasingthepenalty.
includesthem.E.g.Fireisnotaggravatinginthecrime
ofarson.
Q: Does this aggravating circumstance affect the
criminalliabilityoftheonegivingtheoffer? Q:Whataretherulesastotheuseoffire?

A: Yes. This aggravating circumstance affects or A:
aggravates not only the criminal liability of the 1. Intent was only to burn but somebody
receiver of the price, reward or promise but also died simple arson but with specific
thecriminalliabilityoftheonegivingtheoffer. penalty.
2. If fire was used as a means to kill
Ratio: When there is a promise, reward or price
murder.
offeredorgivenasaconsiderationforthecommission
3. If fire was used to conceal the killing
ofthecrime,thepersonmakingtheofferisaninducer,
separate crimes of arson and
aprincipalbyinducement;whilethepersonreceiving
the price, reward or promise who would execute the murder/homicide.
crime is a principal by direct participation. They are
bothprincipalshence,theirpenaltiesarethesame. 13.EVIDENTPREMEDITATION

Note:Theprice,rewardorpromiseneednotconsistof Q: What are the requisites of evident
or refer to material things or that the same were premeditation?
actually delivered, it being sufficient that the offer
made by the principal by inducement be accepted by
47

A:
1. Time when offender determined to Note: According to Justice Regalado, the fine
committhecrime; distinctions between craft and fraud would not really
2. Actmanifestlyindicatingthathehasclung be called for as these terms in Art 14 are variants of
toitsdetermination; means employed to deceive the victim and if all are
3. Sufficient lapse of time between the present in the same case, they shall be applied as a
determination and execution, to allow singleaggravatingcircumstance.
him to reflect upon the consequences of
his act and to allow his conscience to Q:Whatiscraft?
overcometheresolutionofhiswill.
A: Craft involves intellectual trickery and cunning
Note: Premeditation must be clear. It must be based on the part of the accused in order not to arouse
uponexternalactsandnotpresumedfrommerelapse thesuspicionofthevictim.
oftime.Itmustappearthattheoffenderclungtohis
determinationtocommitthecrime. E.g.:
1. A personwho pretendedtobe acustomer,
InPeoplev.Mojica,10SCRA515,thelapseofonehour then,robbedtheplace
and fortyfive minutes (4:15 p.m. to 6 p.m.) was 2. A person who pretended to be a Meralco
considered by the Supreme Court as sufficient. In official,thencommittedacrime
Peoplev.Cabodoc,263SCRA187,whereat1:00p.m.,
theaccusedopenedhisbalisongandutteredIwillkill Q:Whatisfraud?
him, and at 4:30 p.m. of the said date, the accused
stabbedthevictim,itwasheldthatthelapseofthree A: Fraud are deceitful words or machinations used
andahalfhours(3hours)fromtheinceptionofthe to induce the victim to act in a manner which
plan to the execution of the crime satisfied the last enablestheoffendertocarryouthisdesign.
requisiteofevidentpremeditation.
Q: What is the distinction between fraud and
Q:Whatistheessenceofpremeditation? craft?

A: The execution of the criminal act must be A:
preceded by cool thought and reflection upon the FRAUD CRAFT
resolution to carry out the criminal intent during Wherethereisadirect Theactoftheaccused
the space of time sufficient to arrive at a calm inducementbyinsidious doneinordernotto
judgment. wordsormachinations, arousesuspicionofthe
fraudispresent. victimconstitutecraft.
Q: Can there be evident premeditation when the
killingisaccidental? Note:Craftandfraudmaybeabsorbedintreacheryif
they have been deliberately adopted as means,
A: No. In evident premeditation, there must be a methodsorformsforthetreacherousstrategy,orthey
clear reflection on the part of the offender. If the may coexist independently where they are adopted
killing was accidental, there was no evident foradifferentpurposeinthecommissionofthecrime.
premeditation.
Q:Whatisdisguise?
Q: What if the victim is different from that
intended? A: Disguise means resorting to any device to
concealidentity.
A:Whenthevictimisdifferentfromthatintended,
premeditation is not aggravating although it is not Note:
necessary that there is a plan to kill a particular 1. Thetestofdisguiseiswhetherthedeviceor
personforpremeditationtoexist. contrivanceresortedtobytheoffenderwas
intended to make identification more

difficult
14.CRAFT,FRAUDORDISGUISE
2. The use of an assumed name in the

publicationofalibelconstitutesdisguise
Q: What must be attendant in order for this

circumstancetobeappreciated?
Q:Isitnecessarythattheaccusedbeabletohide

his identity all throughout the commission of the
A: To be appreciated, these circumstances must
crime?
have facilitated or be taken advantage of by the

offenderinthecommissionofacrime.
48 CRIMINALLAWTEAM:
A:No.Theaccusedmustbeabletohidehisidentity A:Itmeanstodeliberatelyuseexcessiveforcethat
during the initial stage if not all throughout the is out of proportion to the means for selfdefense
commissionofthecrimeandhisidentitymusthave available to the person attacked. (People v.
been discovered only later on to consider this Lobrigas)
aggravatingcircumstance.
Q: When does means employed to weaken
Q: What is the test in order to determine if defenseexist?
disguiseexist? A: It exists when the offended party's resisting
powerismateriallyweakened.
A: Whether the device or contrivance resorted to
by the offender was intended to or did make Q: What are the requisites of means to weaken
identification more difficult, such as the use of a defense?
mask or false hair or beard. If in spite of the
disguise, the offender was recognized, disguise A:
cannotbeaggravating. 1. Meanswerepurposelysoughttoweaken
the defense of the victim to resist the
Q:WhatisthedistinctionamongCraft,Fraud,and assault
Disguise 2. The means used must not totally
eliminate possible defense of the victim,
CRAFT FRAUD DISGUISE otherwise,itwillfallundertreachery.
Involvestheuse
ofintellectual Involvestheuse Q:Inwhatcasesisitapplicable?
Involvesthe
trickeryand ofdirect
useofdevise
cunningnotto inducementby A: It is applicable only to crimes against persons,
toconceal
arousethe insidiouswords andsometimestocrimesagainstproperty,suchas
identity
suspicionofthe ormachinations robberywithhomicide.
victim
Note: Means to weaken the defense is absorbed in
15.ABUSEOFSUPERIORSTRENGTHORMEANS treachery.
TOWEAKENDEFENSE
16.TREACHERY
Q:Whatisabuseofsuperiorstrength?
Q:Whatistreachery?
A: To use purposely excessive force out of
proportion with the means of defense available to A:Treachery(aleviosa)referstotheemploymentof
thepersonattacked. means, method, or form in the commission of the
crimewhichtenddirectlyandspeciallytoinsureits
There must be evidence of notorious inequality of execution without risk to himself arising from the
forces between the offender and the offended defensewhichtheoffendedpartymightmake.
party in their age, size and strength, and that the
offender took advantage of such superior strength Note:
incommittingthecrime.
Rulesregardingtreachery:
Note: Abuse of superior strength is inherent in the
crimeofparricidewherethehusbandkillsthewife.It 1. Applicableonlytocrimesagainstpersons.
is generally accepted that the husband is physically 2. Means, methods, or forms need not insure
strongerthanthewife. accomplishmentofcrime
3. Mode of attack must be thought of by the
Q: Is the mere fact that there were two persons offender, and must not spring from the
who attacked the victim enough to constitute unexpectedturnofevents.
abuseofsuperiorstrength?
Treacherycannotcoexistwithpassionorobfuscation
A: No. It must be shown that the offenders have (Peoplev.Pansensoy,G.R.No.140634,Sept.12,2002)
taken advantage of their collective strength to
overpowertheirrelativelyweakervictimorvictims. Q:Whatisthetestoftreachery?

Q:Whatisthemeaningofadvantagebetaken? A: The test of treachery is not only the relative
position of the parties but more specifically
whether or not the victim was forewarned or
49

afforded the opportunity to make a defense or to Note:Alevosiashouldbeconsideredevenif:
wardofftheattack.
1. Thevictimwasnotpredeterminedbutthere
Q:Whataretherequisitesoftreachery? was generic intent to treacherously kill any
firsttwopersonsbelongingtoaclass.
A: 2. Therewasaberratioictusandthebullethit
1. At the time of the attack, victim was not apersondifferentfromthatintended.
3. There was error in personae, hence, the
inthepositiontodefendhimself
victim was not the one intended by the

accused.
2. Offender consciously adopted the

particular means, method or form of
Q:Supposing,thevictimhidbehindadrumwhere
attackemployedbyhim.
he could not be seen by the offender. The

offender, knowing that the victim was hiding
Note:Thelocationofthewoundsdoesnotgiveriseto
behind the drum shot at the drum. The bullet
thepresumptionofthepresenceoftreachery.

penetrated the drum and hit the victim which
Q:Whatistheessenceoftreachery? caused his death. Can the aggravating
circumstanceoftreacherybeappreciated?
A:Theessenceoftreacheryisthatbyvirtueofthe
means,methodorformemployedbytheoffender, A: Yes. The victim was not in a position to defend
the offended party was not able to put up any himself.
defense.
Q:WhatisthedistinctionamongTreachery,Abuse
Q:Whenistreacheryabsent? ofSuperiorStrength,MeansEmployedtoWeaken
Defense
A: Treachery is out when the attack was merely
MEANS
incidentaloraccidentalbecauseinthedefinitionof ABUSEOF
EMPLOYED
treachery, the implication is that the offender had TREACHERY SUPERIOR
TOWEAKEN
consciously and deliberately adopted the method, STRENGTH
DEFENSE
meansandformusedoremployedbyhim.
Means,methods
Offenderdoes Meansare
orformsare
Note: Suddenness of the attack does not by itself notemploy employedbut
employedbythe
constitute treachery in the absence of evidence that means,methods itmaterially
offendertomake
themanneroftheattackwasconsciouslyadoptedby orformsof weakensthe
itimpossibleor
theoffendertorendertheoffendedpartydefenseless attack,heonly resisting
hardforthe
exceptifthevictimsarechildrenoftenderyears. takesadvantage powerofthe
offendedpartyto
ofhissuperior offended
putanysortof
Q:Whatarethoseinstancesthatmaybeabsorbed strength party
resistance
bytreachery?
17.IGNOMINY
A:
1. Abuseofsuperiorstrength Q:Towhatdoesignominypertainto?
2. Aidofarmedmen
3. Byaband A: It pertains to the moral order, which adds
4. Meanstoweakenthedefense disgracetothematerialinjurycausedbythecrime.
5. Craft Ignominyaddsinsulttoinjuryoraddsshametothe
6. Nighttime natural effects of the crime. Ignominy shocks the
moralconscienceofman.
Q: Must treachery be present at the beginning of
theassault? E.g.
1. Amarriedwomanbeingrapedbeforethe
A:Itdepends. eyesofherhusband.
1. When the aggression is continuous 2. Rapingawomanfrombehind
treachery must be present at the 3. After having been killed, the body was
beginningoftheassault. thrownintopileorgarbage.
2. Whentheassaultwasnotcontinuousitis 4. Accused embraced and kissed the
sufficient that treachery was present offended party not out of lust but out of
whenthefatalblowwasgiven. angerinfrontofmanypeople
5. Victimwasrapedsuccessivelybyfivemen.
50 CRIMINALLAWTEAM:
greater audacity and hence the law punishes him

Q:Whataretherequisitesforignominy? withmoreseverity.
A:
1. Crimemustbeagainst Q:Supposing,theownersofthehousecommonly
a. Chastity use the window as their ordinary means to enter
b. lessseriousphysicalinjuries thehouse,thentheaccusedenteredthedoor.Can
c. lightorgravecoercion theaggravatingcircumstanceofunlawfulentrybe
d. murder appreciated?

2. The circumstance made the crime more A: Yes. The aggravating circumstance of unlawful
humiliatingandshamefulforthevictim. entrymaystillbeappreciated.

Note: Ignominy is not present where the victim 19.BREAKINGWALL
was already dead when such acts were
committedagainsthisbodyorperson Q:Whataretherequisitesforbreakingawall?

Q:Towhatcrimesisignominyinherent? A:
1. Awall,roof,window,ordoorwasbroken
A: 2. Theywerebrokentoeffectentrance
1. Libel
2. Actsoflasciviousness Q:Giveinstanceswherebreakingislawful.

Q: What is the distinction between ignominy and A:
cruelty? 1. Anofficerinordertomakeanarrestmay
break open door or window of any
A: building in which the person to be
IGNOMINY CRUELTY arrestedisorisreasonablybelievedtobe
Ignominyreferstothe (Sec.11,Rule133ofRulesofCourt);
Crueltypertainsto
moraleffectofacrime 2. An officer if refused admittance may
physicalsufferingofthe
anditpertainstothe break open any door or window to
victimsothevictimhas
moralorder,whetheror execute the search warrant or liberate
tobealive.
notthevictimisdeador
himself (Sec. 7, Rule 126 of Rules of
alive.
Court);

3. Replevin(Sec.4,Rule60ofRulesofCourt)
Note:Ignominyandcrueltyarecircumstancesbrought

about which are not necessary in the commission of
Q: What is the distinction between breaking wall
thecrime.
andunlawfulentry?

18.UNLAWFULENTRY
A:

BREAKINGWALL UNLAWFULENTRY
Q:Whenisanentryconsideredunlawful?
Presupposesthatthereis

Itinvolvesthebreakingof nosuchbreakingasby
A:Whenanentryiseffectedbyawaynotintended
theenumeratedpartsof entrythroughthe
forthatpurpose. thehouse. window.

The use of unauthorized entrance must not be for
thepurposeofescape. 20.AIDOFMINORSORUSEOFMOTORVEHICLES
ORTHERSIMILARMEANS
Note: This circumstance is inherent in the crimes of

trespass to dwelling and robbery with force upon
AIDOFMINORS
things. But it is aggravating in the crime of robbery
withviolenceagainstorintimidationofpersons.

Q: Why is this considered an aggravating
Q:Whyisunlawfulentryaggravating? circumstance?

A: One who acts, not respecting the walls erected A: To repress professional criminals to avail
by men to guard their property and provided for themselves of minors, taking advantage of their
their personal safety, shows greater perversity, a irresponsibilityandtocounteractthegreatfacilities
found by modern criminals to commit the crime
andabscondoncethesameiscommitted.
51

A:No.Inorderforittobeappreciated,theremust
Theuseofaminorinthecommissionofthecrime be positive proof that the wounds found on the
shows the greater perversity of the offender body of thevictim were inflicted while he wasstill
because he is educating the innocent minor in alivetounnecessarilyprolongphysicalsuffering.
committingacrime.
Note:Ifthevictimwasalreadydeadwhentheactsof
USEOFMOTORVEHICLES mutilation were being performed, this would also
qualify the killing to murder due to outraging of his
Q: Why is this considered as an aggravating corpse.
circumstance?
E.g.Crueltyisaggravatinginrapewheretheoffender
A:Theuseofmotorvehiclesinthecommissionofa tied the victim to a bed and burnt her face with a
lightedcigarettewhilerapingherlaughingalltheway.
crime poses difficulties to the authorities in

apprehendingtheoffenders.
Q:Whataretheotheraggravatingcircumstances?

Thiscircumstanceisaggravatingonlywhenusedto
A:
facilitatethecommissionoftheoffense.
1. Organizedorsyndicatedcrimegroup

2. Underinfluenceofdangerousdrugs
Note:Ifmotorvehicleisusedonlyintheescapeofthe
offender, motor vehicle is not aggravating. (People v.
3. Useofunlicensedfirearm
Espejo,L27708,Dec.19,1970)
Q: What does the phrase other similar means 2002(R.A.9165)
mean?

4.Asaqualifyingaggravatingcircumstance
A: It means should be understood as referring to

motorized vehicles or other efficient means of
Note:Notwithstandingtheprovisionsofanylawtothe
transportationsimilartoautomobileorairplane.
contrary, a positive finding for the use of dangerous
drugsshallbeaqualifyingaggravatingcircumstancein
Q: Supposing, the accused robbed a house then the commission of a crime by an offender, and the
foundacarinfrontofthehousewhichheusedfor application ofthe penalty provided forin the Revised
his escape, can the aggravating circumstance of PenalCodeshallbeapplicable.(Sec.25)
useofmotorvehicleneappreciated?
D.DecreeCodifyingtheLawsonIllegal/Unlawful
A:No.Thecrimehasalreadybeenaccomplished. Possession,Manufacture,Dealingin,Acquisition
orDisposition,ofFirearms,Ammunitionor
Note:Evenifthemotorvehicleusedisapublicvehicle, Explosives(P.D.1866,asamendedbyR.A.8294)
thecircumstancemaystillbeappreciated.
Q:WhatchangeswerebroughtaboutbyR.A.8294
21.CRUELTY onP.D.1866?

Q:Whendoescrueltyexist? A:

A: When the culprit enjoys and delights in making
1. The use of an unlicensed firearm to
his victim suffer slowly and gradually, causing him
commit murder or homicide is an
unnecessary and prolonged physical pain in the
aggravating circumstance. Hence, illegal
consummationofthecrime.
possessionoruseofunlicensedfirearmis

nolongerpunishedasaseparateoffense.
Q: What are the requisites of cruelty as an

aggravatingcircumstance?
2. If the illegal possession or use of

unlicensed firearm or explosives is in
A:
furtherance of, or incident to, or in
1. The injury caused be deliberately
connection with the crimes of rebellion,
increasedbycausingotherwrong.
insurrection, or subversion shall be
2. The other wrong be unnecessary for the
absorbedasanelementofsuchcrimes.
executionofthepurposeoftheoffender.

3. Penalty for mere possession of an
Q:Iscrueltyinherentincrimesagainstpersons?
unlicensed firearm is based on whether

52 CRIMINALLAWTEAM:
the firearm is lowpowered or high ALTERNATIVECIRCUMSTANCES

powered. (Art.15)

4. Unlicensedfirearmshallinclude:firearms Q:Whatisthebasisofalternativecircumstances?
withexpiredlicense;orunauthorizeduse
of licensed firearm in the commission of A: The basis is the nature and effects of the crime
thecrime. andtheotherconditionsattendingitscommission.

Q: When is the use of unlicensed firearm Q:Whatarealternativecircumstances?
consideredabsorbedasanelementofthecrimeof
rebellion, or insurrection, sedition or attempted A:Thosewhichmustbetakenintoconsiderationas
coupdetat? aggravating or mitigating according to the nature
and effects of the crime and the other conditions
A:Iftheunlicensedfirearmisusedinfurtheranceof attendingitscommission.
or incident to, or in connection with the crime of
rebellion, or insurrection, sedition, or attempted Q:Whatarethefouralternativecircumstances?

coupdetat.(Sec.1)
A:
1. Relationship
Q: When is the use of unlicensed firearm
2. Intoxication
consideredanaggravatingcircumstance? 3. Degreeofinstruction
4. Educationoftheoffender
A:Inthecrimesofhomicideandmurder(Sec.1)
1. RELATIONSHIP
Q: When is the use of explosives considered an
aggravatingcircumstance? Q:Whenisrelationshiptakenintoconsideration?

A: When a person commits any of the crimes A:Whentheoffendedpartyisthe:
defined in the Revised Penal Code or special laws 1. Spouse
with the use of the aforementioned explosives, 2. Ascendant
detonation agents or incendiary devices, which 3. Descendant
results in the death of any person or persons, the 4. Legitimate,natural,oradoptedbrotheror
use of such explosives, detonation agents or sister;
incendiary devices shall be considered as an 5. Relativebyaffinityinthesamedegreeof
aggravatingcircumstance.(Sec.2,RA8294) theoffender
6. Other relatives included by analogy to
E.AntiTortureActof2009(RA9745) ascendants and descendants. e.g.
Stepparents It is their duty to bestow
Note: The provisions of the RPC insofar as they are upontheirstepchildrenamother/fathers
applicableshallbesuppletorytothisAct.Moreover,if affection,careandprotection.
the commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine (Crimes Note: The relationship of uncle and niece is not
coveredbyanyoftherelationshipmentioned
Against Personal Liberty and Security) of the Revised

PenalCodeisattendedbyanyoftheactsconstituting
Q:Whenisrelationshipexempting?
torture and other cruel, inhuman and degrading
treatment or punishment as defined herein, the A:
penalty to be imposed shall be in its maximum 1. Inthecaseofanaccessorywhoisrelated
period.(Sec.22,RA9745) to the principal within the relationship
prescribedinArticle20.
F.AntiViolenceAgainstWomenandTheir
ChildrenActof2004(RA9262) 2. In Art. 247, a spouse will not incur
criminalliabilityforacrimeoflessserious
Note: Being under the influence of alcohol, any illicit physical injuries or serious physical
drug,oranyothermindalteringsubstanceshallnotbe injuries if this was inflicted after having
adefenseunderthisAct.(Sec.27,RA9262) surprised the offended spouse or
paramour or mistress committing actual
sexualintercourse.
53

3. Under Art. 332, in the crime of theft, d. When the crime committed is
malicious mischief and swindling or homicide or murder, relationship is
estafa, there is no criminal liability if the aggravatingevenifthevictimofthe
offender is related to the offended party crimeisarelativeofalowerdegree;
asspouse,ascendant,ordescendantorif
the offender is a brother or sister or e. In rape, relationship is aggravating
brotherinlaw or sisterinlaw of the where a stepfather raped his
offended party and they are living stepdaughter (People v. De Leon, 50
together. Phil.539)orinacasewhereafather
raped his own daughter (People v.
Q:Whenisrelationshipmitigating? Porras,58Phil.578).

A: 2. Incrimesagainstchastity.
1. In crimes against property, by analogy to
Art. 332 (persons exempt from criminal Q: When is relationship neither aggravating nor
liability). mitigating?

Thus, Relationship is mitigating in the A:Relationshipisneitheraggravatingnormitigating
crimes of robbery (Arts. 294302), whenrelationshipisanelementoftheoffense.e.g.
usurpation (Art. 312), fraudulent parricide,adulteryandconcubinage.
insolvency(Art.314)andarson(Arts321
322,325326) Note:Inthecrimeofqualifiedseduction,relationship
is a qualifying aggravating circumstance, where the
2. In crimes against persons when it comes offenderisabrotheroranascendantoftheoffended
to physical injuries, it is mitigating when woman,whetherornotthewomanisavirginorover
the offense committed is less serious 18yearsofage.
physicalinjuriesorslightphysicalinjuries,
if the offended party is a relative of a 2.INTOXICATION
lowerdegree.(Reyes,p.473)
Q:Whenisintoxicationmitigating?
Q:Whenisrelationshipaggravating?
A:Ifintoxicationis:
A:
1. Incrimesagainstpersonsincases: 1. Nothabitual;or

a. Whentheoffendedpartyisarelative 2. Not subsequent to the plan to commit a
ofahigherdegreethantheoffender; felony,or

b. Whentheoffenderandtheoffended 3. At the time of the commission of the
partyarerelativesofthesamelevel, crime, the accused has taken such
askillingabrother;(Peoplev.Alisub, quantity of alcoholic drinks as to blur his
69Phil.362) reasonanddeprivehimofcertaindegree
ofcontrol.
c. Wherethecrimeisphysicalinjuries:
i. Seriousphysicalinjuriesevenif Note:Tobemitigating,thestateofintoxicationofthe
the offended party is a accused must be proved. Once intoxication is
establishedbysatisfactoryevidence,intheabsenceof
descendantoftheoffender;
proof to the contrary, it is presumed to be non

habitualorunintentional.
Theseriousphysicalinjuriesmust

notbeinflictedbyaparentupon
Q:Whenisintoxicationaggravating?
his child by excessive

chastisement
A:Ifintoxicationis

ii. Less serious physical injuries or
1. Habitual;or
slight physical injuries if the

offended party is a relative of a
2. Intentional (subsequent to the plan to
higherdegreeoftheoffender;
commitafelony).

54 CRIMINALLAWTEAM:
Note:Themomentintoxicationisshowntobehabitual Note: It is not illiteracy alone but the lack of

or intentional to the commission of the crime, the intelligenceoftheoffenderthatisconsidered.
same will immediately aggravate, regardless of the
crimecommitted. Low degree of education is never aggravating in the
mannerthathighdegreeisnevermitigating.
Q:Whoisahabitualdrunkard?
Q:Supposing,thecrimewasdonenotinacivilized
A: He is one given to intoxication by excessive use society, can the alternative circumstance of low
ofintoxicatingdrinks. degree of instruction be a mitigating
circumstance?
Q: What determines whether intoxication is
mitigatingornot? A: Yes. It is still considered as a mitigating
circumstance.
A: The basis is the effect of the alcohol upon the
offender,notthequantityofthealcoholicdrinkhe
hadtakenin.

3.DEGREEOFINSTRUCTIONOREDUCATIONOF
THEOFFENDER

Q:Isdegreeofinstructionoreducationmitigating?

A:
GR: Lack or low degree of instruction is
mitigatinginallcrimes.

XPN:Notmitigatingin:

1. Crimes against property (e.g. arson,
estafa,threat)

2. Crimesagainstchastity

3. Murderorhomicide

4. Rape

5. Treasonbecauseloveofcountryshould
be a natural feeling of every citizen,
howeverunletteredorunculturedhemay
be.(Peoplev.Lansanas,82Phil.193)

Illustration:
If the offender is a lawyer who committed rape, the

fact that he has knowledge of the law will not
aggravatehisliability.
But if a lawyer committed falsification, that will

aggravate his criminal liability because he used his
special knowledge as a lawyer. He took advantage of
hislearningincommittingthecrime.
Q: Is thedegree of instruction and educationtwo

distinctcircumstances?
A:Yes.Onemaynothaveanydegreeofinstruction
butisneverthelesseducated.
55

IV.PERSONSCRIMINALLYLIABLE PRINCIPALS
(Art.17)
Q:Whoarecriminallyliable?
Q:Whatarethedifferentclassificationsofcriminal
A: The following are criminally liable for grave and responsibility?
lessgravefelonies:
1. Principals A:
2. Accomplices 1. Individual criminal responsibility When
3. Accessories there is no conspiracy, each of the
offenders is liable only for the act
Note:ThisclassificationistrueonlyundertheRPCand performedbyhim.
is not used under special law, because the penalties
under special laws are not graduated. However, if a 2. Quasi collective criminal responsibility
speciallawprovidesforthesamegraduatedpenalties Some offenders in the crime are
as those provided under the RPC, the classification principalsandtheothersareaccomplices.
undertheRPCmaybeadopted.
3. Collective criminal responsibility Where
Thisarticleappliesonlywhentheoffendersaretobe there is conspiracy, the act of one is the
judgedbytheirindividual,andnotcollective,liability.
actofall.Allconspiratorsareliableasco

principals regardless of the extent and
Q:Whocanbethepartiesinthecommissionofa
characteroftheirparticipation.
crime?

Q:Whatarethekindsofprincipals?
A:

1. Activesubject(thecriminal)
A:
2. Passivesubject(theinjuredparty)
1. Principalbydirectparticipation

2. Principalbyinduction/inducement
Q:Whocanbeactivesubjectsofacrime?
3. Principalbyindispensablecooperation

A:Onlynaturalpersoncanbetheactivesubjectof
1.PRINCIPALBYDIRECTPARTICIPATION
crimebecauseofthehighlypersonalnatureofthe

criminalresponsibility.
Q:Whataretherequisitesforprincipalsbydirect

participation?
Note: Under the RPC, natural persons act with

personalmaliceornegligence,artificialpersonscannot
actwithmaliceornegligence.
A:
1. They participated in the criminal
Q:Whocanbepassivesubjectsofacrime? resolution.
2. They carried out the plan and personally
A: A corporation and partnership can be passive took part in its execution by acts, which
subjectsofacrime. directlytendedtothesameend.

Note: Principalsby directparticipation arethosewho
Note: A juridical person like a corporation cannot
materiallyexecutethecrime.Theyappearatthecrime
commit a crime that requires willful purpose or
scene and perform acts necessary in the commission
maliciousintent.
ofthecrime.

Q:Maycorpsesoranimalsbepassivesubjectsofa
crime? Q: What is the effect if the second element is
missing?
A:
GR: Corpses and animals cannot be passive A:Ifthesecondelementismissing,thosewho did
subjects because they have no rights that may not participate in the commission of the acts of
beimpaired. execution cannot be held criminally liable because
there is no conspiracy, unless the crime agreed
XPN: Under Art. 253, the crime of defamation upontobecommittedistreason,sedition,coupd
may be committed if the imputation tends to etatorrebellion.
blackenthememoryofonewhoisdead.
Thisisbecausetheconspiracycontemplatedhereis
a manner of committing a crime which is not
punishable as a rule unless it is a conspiracy to
56 CRIMINALLAWTEAM:
BOOK 1: Persons Criminally Liable
commit treason, sedition, coup d etat or rebellion

whichisexpresslypunishableasacrimebytheRPC. A: The inducement contemplated is one strong
enoughthatthepersoninducedcouldhardlyresist.
Q: What does personally took part in the Inducement is tantamount to an irresistible force
commissionofthecrimemean? compelling the person induced to carry out the
executionofthecrime.
A:Itmeansthat:
1. Theprincipalbydirectparticipationmust Q:Whoisaprincipalbyinducement?
beatthesceneofthecommissionofthe
crime, personally taking part in its A: To be a principal by inducement, the inducers
execution. utterances must be such nature and made in such
2. Under conspiracy, although he was not mannerastobecomethedeterminingcauseofthe
present in the scene of the crime, he is crime.
equally liable as a principal by direct
participation. Note:Principalsbyinducementareliableevenifthey
donotappearatthesceneofthecrime.
E.g.Oneservingasguardpursuanttotheconspiracyis
aprincipalbydirectparticipation. Q: What are the two ways of directly inducing
anothertocommitacrime?
Q:Whatistheruleindeterminingcriminalliability
incaseofconspiracy? A:
1. By directly forcing another to commit a
A: crimeby:
GR:Ifthereisconspiracy,thecriminalliabilityof
all the participants will be the same, because a. Using irresistible force such
theactofoneistheactofall. physical force as would produce an
effect upon the individual that in
XPN: If the participation of one is so spiteofallresistance,itreduceshim
insignificant, such that even without his toamereinstrument
cooperation, the crime would be committed
justaswell,thennotwithstandingtheexistence b. Causing uncontrollable fear
of a conspiracy, such offender will be regarded compulsionbymeansofintimidation
onlyasanaccomplice. orthreatthatpromiseanevilofsuch
gravity and eminence that the
Ratio:Thelawfavorsmilderformofcriminalliabilityif ordinary man would have
theactoftheparticipantdoesnotdemonstrateaclear succumbedtoit.
perversity.
Note: In these cases, there is no conspiracy. Only
Q: What is the effect of conspiracy if not all the the one using force or causing fear is criminally
elementsofthecrimeispresentasregardstheco liable. The material executor isnot criminally liable
conspirator? because of exempting circumstances of irresistible
forceanduncontrollablefear.
A:
GR:Whenthereisconspiracy,thefactthatthe 2. By directly inducing another to commit a
elementoftheoffenseisnotpresentasregards crimeby:
oneoftheconspiratorsisimmaterial.
a. Giving price, or offering reward or
XPN: promise
1. Inparricidetheelementofrelationship
mustbepresentasregardstheoffenders. Requisites:
2. In murder where treachery is an i. Inducement must be made
element of the crime, all offenders must directly with the intention of
have knowledge of the employment of procuring the commission of the
thetreacheryatthetimeoftheexecution crime;
oftheact. ii. Such inducement be the
determining cause of the
2.PRINCIPALSBYINDUCTION/INDUCEMENT commission of the crime by the
materialexecutor.
Q:Whatismeantbyinducement?
57

Note: The one giving the price or offering 2. One cannot be held guilty of having
the reward or promise is a principal by instigated the commission of a crime
inducement while the one committing the without first being shown that the crime
crimeinconsiderationthereofisaprincipal hasbeenactuallycommittedbyanother.
by direct participation. There is collective
criminalresponsibility. Note: If the one charged as principal by direct
participation is acquitted because he acted without
b. Usingwordorcommand. criminalintentormalice,hisacquittalisnotaground
fortheacquittaloftheprincipalbyinducement.
Requisites:
i. The one uttering the words of Q: What are the distinctions between a principal
command must have the by inducement and an offender who made a
intention of procuring the proposaltocommitafelony?
commissionofthecrime;
ii. He must have an ascendancy or A:
influence over the person who OFFENDERWHOMADE
acted; PRINCIPALBY
PROPOSALTOCOMMIT
iii. Wordsusedmustbesodirect,so INDUCEMENT
AFELONY
efficacious, and powerful as to Inboth,thereisinducementtocommitacrime
amount to physical or moral Themereproposalto
coercion; commitafelonyis
iv. Words of command must be punishableisnot
uttered prior to the commission punishableexceptin
ofthecrime; Becomesliableonlywhen proposaltocommit
v. Material executor of the crime thecrimeiscommitted treasonorrebellion.
has no personal reason to bytheprincipalbydirect However,thepersonto
committhecrime. participation whomtheproposalis
madeshouldnotcommit
Note: The one who used the words of thecrime;otherwise,the
commandisaprincipalbyinducementwhile proponentbecomesa
the one committing the crime because of principalbyinducement.
the words of command is a principal by
direct participation. There is collective Theproposaltobe
criminalresponsibility. Involvesanycrime punishablemustinvolve
onlytreasonorrebellion
Words uttered in the heat of anger and in
the nature of command that had to be
obeyeddonotmakeoneaninductor. Q: A asked B to kill C because of grave injustice
done to A by C. A promised B a reward. B was
Mereimprudentadviceisnotinducement. willingtokillC,notsomuchbecauseofthereward
promisedtohimbutbecausehealsohadhisown
If the person who actually committed the longstandinggrudgeagainstC,whohadwronged
crime had his own reason to commit it, it
himinthepast.IfCiskilledbyB,wouldAbeliable
cannot be said that the inducement was
asaprincipalbyinducement?
influentialinproducingthecriminalact.

A: No, A would not be liable as principal by
Q: When will the criminal liability of theprincipal
inducement because the reward he promised B is
byinducementarise?
not the sole impelling reason which made B to kill

C.
A: A principal by inducement becomes liable only

when the crime is committed by the principal by
To bring about criminal liability of a coprincipal,
directparticipation.
the inducement made by the inducer must be the

sole consideration which caused the person
Q: What is the effect of the acquittal of the
inducedtocommitthecrimeandwithoutwhichthe
principal by direct participation on the liability of
crimewouldnothavebeencommitted.Thefactsof
theprincipalbyinducement?
the case indicate that B, the killer supposedly

inducedbyA,hadhisownreasontokillCoutofa
A:
longstandinggrudge.(2002BarQuestion)
1. Conspiracy is negated by the acquittal of

codefendant.
58 CRIMINALLAWTEAM:
3.PRINCIPALSBYINDISPENSABLECOOPERATION A:Hebecomesaprincipalbydirectparticipation.

Q: Who is a principal by indispensable Q: Distinguish an accomplice from a principal by
cooperation? indispensablecooperation?

A:Thosewho: A:
1. Participated directly in the criminal PRINCIPALBY
resolution;or ACCOMPLICE
INDISPENSABLE

COOPERATION
2. Cooperated in the commission of the Ifthecooperationmerely
crime by performing an act, without Ifthecrimecouldhardly
facilitatedorhastened
which it would not have been becommittedwithout
theconsummationofthe
accomplished. suchcooperation,then
crime,thiswouldmake
suchcooperationwould
thecooperatormerelyan
bringaboutaprincipal.
Q: What does cooperation in the commission of accomplice.
theoffensemean?
Note: In determining whether the offender is a
A: To desire or wish a common thing. But that principaloraccomplice,thebasisistheimportanceof
commonwillorpurposedoesnotnecessarilymean thecooperationtotheconsummationofthecrime.
previous understanding, for it can be explained or
inferredfromthecircumstancesofeachcase. Q: What are the distinctions between accomplice
andconspirator?
Note:Aprincipalbyindispensablecooperationmaybe
a coconspirator under the doctrine of implied A:
conspiracy. He becomes a coconspirator by ACCOMPLICE CONSPIRATOR
indispensable cooperation, although the common Inboth,theyagreewiththecriminaldesign
designorpurposewasnotpreviouslyagreedupon. Theycometoknow
aboutitafterthe Theycometoknowthe
Ifthecooperationisnotindispensable,theoffenderis principalshavereached criminalintention
onlyanaccomplice. thedecision,andonly becausetheythemselves
thendotheyagreeto havedecideduponsuch
ACCOMPLICES cooperateinits courseofaction.
(Art.18) execution.
Theyaremerely
Q:Whoisanaccomplice? instrumentswhoperform
Theyaretheauthorsof
actsnotessentialtothe
thecrime.
A:Anaccompliceisonewho: perpetrationofthe
1. Concurs with the criminal design of the offense.
principalsbydirectparticipation;
ACCESSORIES
2. Cooperates in the execution of the (Art.19)
offensebypreviousorsimultaneousacts,
with the intention of supplying material Q:Whoareaccessories?
ormoralaidintheexecutionofthecrime
inanefficaciousway; A: Those who do not participate in the criminal
design, nor cooperate in the commission of the
Note:Cooperationofanaccompliceisonlynecessary, felony, but with knowledge of the commission of
notindispensable. thecrime,hesubsequentlytakespartinthreeways
by:
Before there can be an accomplice, there must be a 1. Profitingorassistingtheoffendertoprofit
principalbydirectparticipation. bytheeffectsofthecrime;

Incaseofdoubt,theparticipationoftheoffenderwill 2. Concealing or destroying the body of the
be considered that of an accomplice rather than that crimetopreventitsdiscovery;
ofaprincipal.
Note: Where the accused misleads the
Q: What is the effect if he the person charged as authoritiesbygivingthemfalseinformation,
anaccompliceinflictsamortalwound? such act is equivalent to concealment and
heshouldbeheldasanaccessory.
59

A:Thecorpus delictiis thebodyofthecrime,not
3. Harboring, concealing or assisting in the necessarilythecorpse.
escapeoftheprincipalofthecrime.
Itisacompoundfactmadeupoftwothings:
Note: One cannot be an accessory unless he knew of
thecommissionofthecrime. 1. The proof of the occurrence of certain
events
An accessory must not have participated in the 2. Somepersonscriminalresponsibility
commissionofthecrime.
Thus,evenifthecorpseisnotrecovered,aslongas
Theaccessorycomesintothepicturewhenthecrime thatkillingisestablishedbeyondreasonabledoubt,
is already consummated, not before the
criminal liability will arise and if there is someone
consummationofthecrime.
who destroys the corpus delicti to prevent

discovery, he becomes an accessory. (Inovero v.
Q: What if the offender has already involved
Coronel,CA,65O.G.3160)
himselfasaprincipaloraccomplice?

3.HARBORINGORCONCEALINGANOFFENDER
A: He cannot be an accessory any further even

thoughheperformsactspertainingtoanaccessory.
Q: Who may be guilty as an accessory by

harboring,concealingorassistingintheescapeof
Q:Inwhatsituationsareaccessoriesnotcriminally
theprincipalofthecrime?
liable?

A:
A:
1. Publicofficers
1. When the felony committed is a light

felony.
Requisites:

a. Accessoryisapublicofficer
2. When the accessory is related to the

principalasspouse,orasanascendant,or
b. He harbors, conceals, or assists in
descendant or as brother or sister
theescapeoftheprincipal
whetherlegitimate,naturaloradoptedor

where the accessory is a relative by
c. He acts with abuse of his public
affinity within the same degree, unless
functions
the accessory himself profited from the

effects or proceeds of the crime or
d. The crime committed by the
assistedtheoffendertoprofittherefrom.
principal is any crime, provided it is

notalightfelony.
1.PROFITINGORASSISTINGTHEOFFENDERTO

PROFITBYTHEEFFECTSOFTHECRIME
Note: In the case of a public officer, the crime
committed by the principal is immaterial. Such
Illustration: officer becomes an accessory by the mere fact
thathehelpedtheprincipalescapebyharboring,
If a person having participated as principal or concealing,makinguseofhispublicfunctionand
accomplice in robbery or theft but knowing that the
thusabusingthesame.
property being offered to him is the proceeds or

subjectmatterofthesaidcrime,boughtorpurchased
2. Privateperson
or dealt in any manner with which such property,

obtainingbenefitfromsaidtransactionorhelpingthe
thieforrobbertoprofittherefrom.
Requisites:
a. Accessoryisaprivateperson
Note: The accessory must receive the property from
the principal. He should not take it without the b. Heharbors,concealsorassistsinthe
consent of the principal. If he took it without the escapeoftheauthorofthecrime
consent of the principal, he is not an accessory but a
principalinthecrimeoftheft. c. The crime committed by the
principaliseither:
2.DESTROYINGTHECORPUSDELICTI
i. Treason
Q:Whatisacorpusdelicti? ii. Parricide
iii. Murder
60 CRIMINALLAWTEAM:
iv. Attemptagainstthelifeofthe Public officer contemplated under par.3 of Art. 19 is

President exemptbyreasonofrelationshiptotheprincipal,even
v. Thattheprincipalisknowntobe if such public officer acted with abuse of his public
habitually guilty of some other functions.
crime.
ThebenefitsoftheexceptioninArt.20donotapplyto
Q: Can an accessory be held criminally liable P.D.1829(ObstructionofJustice).
withouttheprincipalbeingfoundguilty?
A.DecreePenalizingObstructionofApprehension
A: andProsecutionofCriminalOffenders
GR: The accessory cannot be held criminally (P.D.1829)
liablewithouttheprincipalbeingfoundguiltyof
anysuchcrime. 1.Punishableacts

XPN: When the principal was not held liable Q:WhataretheactspunishedunderP.D.1829?
because of an exempting circumstance under
Art.12. A:Anyperson,whoknowinglyorwillfullyobstructs,
impedes, frustrates or delays the apprehension of
Ratio: A persondoesnotbecome criminally liable suspects and the investigation and prosecution of
by merely harboring or assisting in the escape of criminal cases by committing any of the following
aninnocentman. acts:

Note: Correlate this Article with the provisions of the 1. Preventing witnesses from testifying in
AntiFencing Law (P.D. 1612) and Obstruction of anycriminalproceedingorfromreporting
Justice (P.D. 1829). Both laws will be discussed under the commission of any offense or the
SpecialPenalLaws. identity of any offender/s by means of
bribery, misrepresentation, deceit,
ACCESSORIESEXEMPTFROMCRIMINALLIABILITY intimidation,forceorthreats
(Art.20)
2. Altering, destroying, suppressing or
Q:Whatisthecriminalliabilityofanaccessory? concealing any paper, record, document,
or object, with intent to impair its verity,
A: authenticity, legibility, availability, or
GR: An accessory is exempt from criminal admissibility as evidence in any
liability,whentheprincipalishis: investigationoforofficialproceedingsin,
1. Spouse criminal cases, or to be used in the
2. Ascendant investigationof,orofficialproceedingsin,
3. Descendant criminalcases
4. Legitimate, natural, or adopted
brother, sister or relative by affinity 3. Harboringorconcealing,orfacilitatingthe
withinthesamedegree. escape of, any person he knows, or has
reasonable ground to believe or suspect,
XPN: Not so exempt even if the principal is hascommittedanyoffenseunderexisting
relatedtohim,ifsuchaccessory: penal laws in order to preventhis arrest,
1. Profitedbytheeffectsofthecrime;or prosecutionandconviction
2. Assisted the offender to profit from the
effectsofthecrime. 4. Publicly using a fictitious name for the
purpose of concealing a crime, evading
Ratio: Such acts are prompted not by affection prosecution or the execution of a
butbygreed. judgment, or concealing his true name
andotherpersonalcircumstancesforthe
Note: The exemption provided for in this article is samepurposeorpurposes
based on the ties of blood and the preservation of
ones name, which compels on to conceal the crimes 5. Delayingtheprosecutionofcriminalcases
committedbyrelativessonearasthosementionedin
by obstructing the service of process or
thisarticle.
court orders or disturbing proceedings in
Nephewandniecearenotincluded.
the fiscal's offices, in Tanodbayan, or in
thecourts

61

6. Making, presenting or using any record,
document, paper or object with
knowledgeofitsfalsityandwithintentto
affect the course or outcome of the
investigationof,orofficialproceedingsin,
criminalcases

7. Soliciting,accepting,oragreeingtoaccept
anybenefitinconsiderationofabstaining
from, discounting, or impeding the
prosecutionofacriminaloffender

8. Threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his
family in order to prevent such person
fromappearingintheinvestigationof,or
official proceedings in, criminal cases, or
imposing a condition, whether lawful or
unlawful, in order to prevent a person
from appearing in the investigation of or
inofficialproceedingsin,criminalcases

9. Giving of false or fabricated information
to mislead or prevent the law
enforcementagenciesfromapprehending
theoffenderorfromprotectingthelifeor
property of the victim; or fabricating
information from the data gathered in
confidencebyinvestigatingauthoritiesfor
purposes of background information and
not for publication and publishing or
disseminating the same to mislead the
investigatororthecourt.(Sec.1)

2.ComparewithArticle20,RPC(accessories
exemptfromcriminalliability)

Note: Article 20, RPC is applicable with PD 1829
because it is beneficial to the accused. It is to be
interpreted in favor of the accused because in an
absolutory cause, the offender is not criminally liable
byreasonofpublicpolicy.Becausethereasonispublic
policy, it should apply to both the RPC and special
laws.

62 CRIMINALLAWTEAM:
BOOK 1: Penalties
V.PENALTIES
Offendedpartycannot
A.GENERALPRINCIPLES pardontheoffenderso Itcanbewaivedbythe
astorelievehimofthe offendedparty.
(Arts.2124)
penalty.
Q:Whatarepenalties?
Q: What are the measures of prevention that are
A:Penaltiesarethepunishmentimposedbylawful notconsideredaspenalty?
authorityuponapersonwhocommitsadeliberate
ornegligentactwhichisagainstthelaw. A:
1. The arrest and temporary detention of
Q:Whatarethejudicialconditionsofpenalty? accused persons (preventive
imprisonment) as well as their detention
A: by reason of insanity or imbecility or
1. Productive of suffering, without illness requiring their confinement in a
howeveraffectingtheintegrityofhuman hospital.
personality.
2. Commensuratewiththeoffense. 2. The commitment of a minor to a
3. Personal no one should be reformatoryinstitution.
punishedwiththecrimeofanother.
4. Legalitisaconsequenceofajudgment 3. Suspension from the employment or
accordingtolaw. publicofficeduringthetrialorinorderto
5. Certainnoonemayescapeitseffects. instituteproceedings.
6. Equaltoall.
7. Correctional. 4. Fines and other corrective measures
which, in the exercise of their
Q:Whatarethepenaltiesthatmaybeimposed? administrative disciplinary powers,
superior officials may impose upon their
A:Afelonyshallbepunishableonlybythepenalty subordinates.
prescribedbylawatthetimeofitscommission.
5. Deprivation of rights and reparations
Itisaguarantytothecitizenofthiscountrythatno whichthecivillawmayestablishinpenal
act of his will be considered criminal until the form. (Art. 24) E.g. Parents who are
governmenthasmadeitsobylawandhasprovided deprived of their parental authority if
apenalty foundguiltyofthecrimeofcorruptionof
their minor children, in accordance with
Ratio: A law cannot be rationally obeyed unless it is Art.342oftheCivilCode.
firstshownandamancannotbeexpectedtoobeyan
orderthathasnotbeengiven.
Q: Why are the measures abovementioned not
consideredaspenalties?
Q: What are the classes of injuries caused by a

crime?
A:
1. They are not imposed as a result of

A:
judicial proceedings. Those mentioned in
SOCIALINJURY PERSONALINJURY
par. 1, 3 and 4 are merely preventive
Causedtothevictimof
Producedbythe measuresbeforeconvictionofoffenders.
thecrimewhosuffered
disturbanceandalarm
damageeithertohis
whicharetheoutcomeof 2. Theoffenderisnotsubjectedtoormade
person,property,honor
theoffense. to suffer these measures in expiation of
orchastity.
Repairedthoughthe oraspunishmentforacrime.
Repairedthrough
impositionofthe
indemnity. Note:
correspondingpenalty.
TheStatehasaninterest TheStatehasnoreason 1. Par. 1 refers to accused persons who are
inthisclassorinjury. toinsistinitspayment. detained by reason of insanity or
imbecility. It does not refer to the
confinement of an insane or imbecile who
hasnotbeenarrestedforacrime.

63

2. Pars. 3 and 4 refer to administrative
suspensionandadministrativefinesandnot 2. Divisiblepenaltiesthosethathavefixed
to suspension or fine as penalties for duration and are divisible into three
violationsoftheRPC.Finesinpar.4donot periods. e.g. reclusion temporal down to
constituteaspenaltiesbecausetheyarenot arrestomenor.
imposedbythecourt.
Q: What are the penalties, according to their
3. Whereaminoroffenderwascommittedtoa
gravity?
reformatory pursuant to Art. 80 (now P.D.

603),andwhilethusdetainedhecommitsa
crime therein, he cannot be considered a
A:
quasirecidivistsincehisdetentionwasonly 1. Capital
a preventive measure, whereas a quasi 2. Afflictive
recidivismpresupposesthecommissionofa 3. Correctional
crimeduringtheserviceofthepenaltyfora 4. Light.
previouscrime.
Q:Howarefinesimposed?
4. Commitment of a minor is not a penalty
because it is not imposed by the court in a A:Finesmaybeimposedasanalternativeorsingle
judgment.Theimpositionofthesentencein penalty.
suchacaseissuspended.
Q:Whatarefinesaccordingtotheirgravity?
B.PURPOSES
A:
Q: What are the purposes for the imposition of 1. AfflictiveoverP6,000
penaltyundertheRPC? 2. CorrectionalP200toP6,000
3. LightlessthanP200
A:
1. Retribution or expiation penalty is Q: E and M are convicted of a penal law that
commensurate with the gravity of the imposesapenaltyoffineorimprisonmentorboth
offense. fineandimprisonment.Thejudgesentencedthem
2. Correctionor reformationasshown to pay the fine, jointly and severally, with
bytheruleswhichregulatetheexecution subsidiaryimprisonmentincaseofinsolvency.
of the penalties consisting in deprivation
ofliberty. 1. Isthepenaltyproper?Explain.
3. Social defense shown by its inflexible 2. May the judge impose an alternative
severity to recidivists and habitual penalty of fine or imprisonment?
delinquents. Explain.

C.CLASSIFICATIONOFPENALTIES A:
(ARTS.2526) 1. Imposing the penalty of fine jointly and
severallyonthetwoconvictedaccusedis
Q: What are the general classifications of not proper. The penalty should be
penalties? imposed individually on every person
accused of the crime. Any of the
A: convicted accused who is insolvent and
1. Principal penalties those expressly unable to pay the fine, shall serve the
imposed by the court in the judgment of subsidiaryimprisonment.
conviction.
2. Accessory penalties those that are 2. The judge may not validly impose an
deemedincludedintheimpositionofthe alternativepenalty.Althoughthelawmay
principalpenalties. prescribe an alternative penalty for a
crime, It does not mean that the court
Q: What are the principal penalties, according to may impose the alternative penalties at
theirdivisibility? the same time. The sentence must be
definite, otherwise, the judgment cannot
A: attainfinality(2005BarQuestion).
1. Indivisible penalties those which have
nofixedduration,e.g.deathandreclusion
perpetua
64 CRIMINALLAWTEAM:
BOOK 1: Penalties
D.DURATIONANDEFFECTOFPENALTIES A: Death penalty is imposed in the following

(Arts.2745) crimes:
1. Treason
Q:Whatisthedurationofpenalties? 2. Piracy
3. QualifiedPiracy
A: 4. QualifiedBribery
PENALTY DURATION 5. Parricide
20yearsand1dayto40 6. Murder
Reclusionperpetua
years 7. Infanticide
12yearsand1dayto20 8. Kidnapping
Reclusiontemporal
years 9. RobberywithHomicide
Prisionmayorand 10. DestructiveArson
6yearsand1dayto12
Temporary 11. RapewithHomicide
years
disqualification 12. Plunder
Prisioncorrecional 13. Certain violations of the Dangerous
6monthsand1dayto6
Suspensionand DrugsAct
years
Destierro 14. Carnapping
1monthand1dayto6
Arrestomayor
months
Q:Isdeathpenaltyalreadyabolished?
Arrestomenor 1dayto1month

Discretionaryonthe
Bondtokeepthepeace A: No. There is still death penalty. What is
Court
prohibitedunderR.A.9346isonlytheimpositionof
thepenaltyofdeath.
Q: What are the rules on computation of

penalties?
Note:However,thecorrespondingcivilliabilityshould
bethecivilliabilitycorrespondingtodeath.(Peoplevs.
A: Salome,G.R.No.169077,Aug.31,2006)
1. Offender is in prison duration of the
temporary penalties is from the day on In lieu of the death penalty, the following shall be
which the judgment of conviction imposed:
becomesfinal 1. Thepenaltyofreclusionperpetua,whenthe
2. Offender not in prison duration of lawviolatedmakesuseofthenomenclature
penalty consisting in the deprivation of ofthepenaltiesoftheRPC;or
libertyisfromthedaythattheoffender 2. Thepenaltyoflifeimprisonment,whenthe
is placed at the enforcement of the law violated does not make use of the
penalty nomenclature of the penalties of the RPC.
3. Other penalties duration is from the (Sec.2,R.A.9346)
day on which the offender commences
toservehissentence Q:Whenisdeathpenaltynotimposable?

Q:Whatarethedistinctionsbetweenthepenalty A:
ofreclusionperpetuaandlifeimprisonment? 1. Under age offender is below 18 years
ofageatthetimeofthecommissionof
A: thecrime
RECLUSIONPERPETUA LIFEIMPRISONMENT 2. Over age offender is more than 70
Pertainstothepenalty Pertainstothepenalty yearsold
imposedforviolation imposedforviolationof 3. No court majority when upon appeal
oftheRPC speciallaws or automatic review of the case by the
Ithasfixedduration Ithasnofixedduration Supreme Court, the vote of eight
Itcarrieswithit Itdoesnotcarrywithit members is not obtained for the
accessorypenalties accessorypenalty impositionofdeathpenalty

Note: Although reclusion perpetua has been given a Note: Automatic review is available only in cases
fixed duration, it has remained to be an indivisible wheredeathpenaltyisimposed.(R.A.7659)
penalty.Indivisiblepenaltieshavenodurations.
Q:Whatisthenatureofdestierro?
Q:Whenisdeathpenaltyimposed?
A: Destierro is a principal penalty. It is a
punishment whereby a convict is banished to a
65

certain place and is prohibited from entering or 3. Therighttomanagehisproperty;and
coming near that place designated in the 4. Therighttodisposeofsuchpropertyby
sentence, not less than 25 kilometers but not to anyactoranyconveyanceintervivos.
extendbeyond250kilometers
Q:Whatprincipalpenaltiesiscivilinterdictionan
Note: If the convict should enter the prohibited accessorypenalty?
places,hecommitsthecrimeofevasionofserviceof
sentenceunderArticle157. A:Itisanaccessorypenaltyin:
1. Death penalty if it is commuted to life
Q: In what crimes is the penalty of destierro imprisonment;
imposed? 2. Reclusionperpetua;
3. Reclusiontemporal.
A:
1. In the crime of grave threat or light Q:Whataretheeffectsofpenalties?
threat,whentheoffenderisrequiredto
put up a bond for good behavior but A:
failed or refused to do so under Article 1. Perpetual or temporary absolute
284, such convict shall be sentenced to disqualificationfrompublicoffice:
destierrosothathewouldnotbeableto a. Deprivation of public offices and
carryouthisthreat employment,evenifbyelection;
2. Inthecrimeofconcubinage,thepenalty
prescribedfortheconcubineisdestierro b. Deprivation of the right to vote or
underArticle334 tobeelected;

3. Where the penalty prescribed is arresto Note:Aplebisciteisnotmentionedor
Mayor, but the offender is entitled to contemplated in Art. 30, par 2
privileged mitigating circumstance and (deprivation of the right to vote),
lowering the prescribed penalty by one hence, the offender may voteinthat
degree,thepenaltyonedegreeloweris exercise, subject to the provisions of
destierro. Thus, it shall be the one pertinentelectionlawsatthetime
imposed
c. Disqualification for the offices or
Q: What penalties are considered both principal public employments and for the
andaccessorypenalties? exerciseofanyrightsmentioned;

A: d. Loss of right to retirement pay or
1. Perpetual or temporary absolute pension for any office formerly
disqualification held.

2. Perpetual or temporary special Note: Perpetual absolute disqualification lasts
Disqualification duringthelifetimeoftheconvict

3. Accessorypenalties Temporaryabsolutedisqualificationlastsduring
thetermofthesentence,andisremovedafter
theserviceofthesame
Note: Accessory penalties need not be stated in the

sentence.Theaccessorypenaltiesfollowtheprincipal
penaltyimposedforthecrimeasamatterofcourse; 2. Perpetual or temporary special
theyareautomaticallyimposedeventhoughtheyare disqualification from public office,
notstatedinthejudgment professionorcalling:
a. Deprivation of the office,
Q:Whatiscivilinterdiction? employment, profession or calling
affected;
A: Civil interdiction is an accessory penalty. Civil b. Disqualification for holding similar
Interdiction shall deprive the offender during the officesoremploymentsperpetually
timeofhissentence: duringthetermofthesentence.
1. The rights of parental authority, or
guardianship either as to the person or 3. Perpetual or temporary special
propertyofanyward; disqualificationfortherightofsuffrage:
2. Maritalauthority;
66 CRIMINALLAWTEAM:
BOOK 1: Penalties
a. Deprivation of the right to vote or person will not commit the violence sought to be
tobeelectedtoanypublicoffice; prevented.
b. Cannotholdanypublicofficeduring
theperiodofthedisqualification. Q: What are the distinctions between bond to
keeppeaceandbondforgoodbehavior?
Note:Thepurposeofwhichistopreserve
the purity of elections; one rendered
infamous by conviction of felony or other A:
baseoffensesindicativeofmoralturpitude BONDTOKEEPTHE BONDFORGOOD
isunfittoexercisesuchrights PEACE BEHAVIOR
Failuretopostabondto
4. Suspensionfrompublicoffice,profession keepthepeaceresultsto Thelegaleffectof
orcallingortherightofsuffrage: imprisonmenteitherfor6 failuretopostabond
a. Disqualification from holding such monthsor30days, forgoodbehavioris
office or exercising such profession dependingonwhetherthe notimprisonmentbut
orcallingorrightofsuffrageduring felonycommittedisgrave destierrounderArticle
thetermofthesentence; orlessgraveononehand, 284
b. If suspended from public office, he oritislightonly
cannot hold another office having
similar functions during the period PENALTIESINWHICHOTHERACCESSORY
ofsuspension. PENALTIESAREINHERENT
(Arts.4044)
5. Civilinterdiction
a. Deprivationoftherightsofparental Q: What are the inherent accessory penalties of
authority or guardianship of any principalpenalties?
ward
b. Deprivationofmaritalauthority A:
c. Deprivation of the right to manage 1. Death, when not executed by reason of
his property and of the right to commutationorpardon
disposeofsuchpropertybyanyact a. Perpetual absolute disqualification,
oranyconveyanceintervivos and
b. Civil interdiction during 30 years, if
6. Bondtokeeppeace not expressly remitted in the
a. Offender must present two pardon
sufficient sureties who shall
undertake that the offender will 2. Reclusion perpetua and reclusion
not commit the offense sought to temporal
be prevented and in case such a. Civil interdiction for life or during
offensebecommitted,theywillpay thesentence
the amount determined by the b. Perpetual absolute disqualification
court;or unless expressly remitted in the
b. Offendermustdepositsuchamount pardonoftheprincipalpenalty
withtheclerkofcourttoguarantee
saidundertaking;or 3. Prisionmayor
c. Offender may be detained if he a. Temporaryabsolutedisqualification
cannotgivethebond,foraperiod: b. Perpetual special disqualification
i. Not to exceed 6 months for from suffrage, unless expressly
graveorlessgravefelony;or remitted in the pardon of the
ii. Not to exceed 30 days for a principalpenalty
lightfelony.
4. Prisioncorrecional
Note:Bondtokeeppeaceisdifferentfrombailbond a. Suspension from public office,
which is posted for the provisional release of a professionorcalling,and
personarrestedfororaccusedofacrime. b. Perpetual special disqualification
from suffrage, if the duration of
Under Sec. 23, RA 9262, the Court may order any imprisonment exceeds 18 months,
personagainstwhomaprotectionorderisissuedto unless expressly remitted in the
give a bond to keep the peace, to present two pardonoftheprincipalpenalty
sufficient sureties who shall undertake that such
67

5. Arresto mayor suspension of the right Q: What are the limitations of the pardoning
to hold office and the right of suffrage powerofthePresident?
duringthetermofthesentence
A:
Note: The RPC does not provide for any accessory 1. Executive pardon can only be exercised
penaltyfordestierro. afterconvictionbyfinaljudgment
2. Executive pardon does not extend to
PREVENTIVEIMPRISONMENT casesofimpeachment
(Art.39)
Q: What is the effect of the grant of pardon on
Q:Whatispreventiveimprisonment? theprincipalandaccessorypenaltiesimposed?

A: Period of detention undergone by an accused A:
wherethecrimewithwhichheischargedisnon GR: Pardon granted in general terms
bailable or, even if bailable, he is unable to post extinguishes only the principal penalty and
therequisitebail doesnotincludetheaccessorypenalty

Q:Whenwillpreventiveimprisonmentapply? XPN:
1. When absolute pardon is granted after the
A: It will apply to all sentences regardless of the termofimprisonmenthasexpired,itremoves
durationthereof,includingthesocalledperpetual all that is left of the consequences of the
penalties as long as they involve deprivation of conviction
liberty.Itwillalsoapplytodestierro.
2. If pardon expressly provides, accessory
Q:Whenisthedetentionprisonerentitledtothe penaltyisextinguished.
fullcreditofhispreventiveimprisonment?

A: If the detention prisoner agrees voluntarily in Q: What are the distinctions between executive
writing to abide by the same disciplinary rules pardonandpardonbytheoffendedparty?
imposeduponconvictedprisoners.
A:
In the case of youthful offender who has been
proceeded against under the Child and Youth PARDONBYTHE
EXECUTIVEPARDON
WelfareCode,heshallbecreditedintheserviceof OFFENDEDPARTY
his sentence with the full time of his actual Coversanycrime,
detention, whether or not he agreed to abide by unlessotherwise
thesamedisciplinaryrulesoftheinstitution. Crimesagainstchastity
providedbythe
undertheRPC
Constitutionorthe
Q:Whenwillhebecreditedonlywithfourfifths laws
the time during which he has undergone Extinguishescriminal Doesnotextinguish
preventiveimprisonment? liability criminalliability
Executivepardondoes Civilliabilitycanbe
A: If the detention prisoner does not agree to notincludecivilliability waived
abidebythesamedisciplinaryrulesimposedupon Grantedonlyafter Shouldbegivenbefore
convictedprisoners convictionbyfinal theinstitutionofthe
judgment criminalaction
EFFECTSOFPARDON
(Art.36) COSTS
(Art.37)
Q:WhatistheeffectofpardonbythePresident
onthepoliticalrightsoftheaccused? Q:Whatiscostorcostofsuit?

A: A: It is the expenses of litigation allowed by the
GR: Executive pardon does not restore the Rules of Court to be assessed against or to be
right to hold public office or the right to recoveredbyapartyinlitigation.
suffrage
Q:Whatdocostsinclude?
XPN:Whensuchrightsareexpresslyrestored

68 CRIMINALLAWTEAM:
BOOK 1: Penalties
A: A:
1. Fees 1. When penalty imposed is higher than
2. Indemnities, in the course of judicial prisioncorrectional.
proceedings 2. Whenthepenaltyimposedisfineanda
penalty not to be executed by
Q:Towhomarecostschargeable? confinement in a penal institution and
whichhasnofixedperiod.
A: 3. For failure to pay the reparation of the
1. Incaseofconvictionchargeabletothe damagedcaused,indemnificationofthe
accused consequentialdamages,andcostsofthe
2. Incaseofacquittalcostsaredeofficio, proceedings.
eachpartybearinghisownexpenses
CONFISCATIONANDFORFEITURESOF
Note:Paymentofcostsisdiscretionarytothecourts THEPROCEEDSORINSTRUMENTSOF
THECRIME(Art.45)
PECUNIARYLIABILITIES
(Art.38) Q: What are the rules on confiscation and
forfeitureoftheproceedsofthecrime?
Q:Whatdopecuniaryliabilitiesinclude?
A:
A:Inthefollowingorder: 1. Everypenaltyimposedcarrieswithitthe
1. Reparationofthedamagecaused forfeiture of the proceeds of the crime
2. Indemnification of the consequential andtheinstrumentsortoolsusedinthe
damages commissionofthecrime.
3. Fine 2. Confiscation and forfeiture are in favor
4. Costsofproceedings ofthegovernment
rd
3. Propertyofa3 personnotliableforthe
Note: offenseisnotsubjecttoconfiscationand
1. The order of payment applies in case the forfeiture
property of the offender is not sufficient 4. Propertynotsubjectoflawfulcommerce
forthepaymentofhispecuniaryliabilities. (whetheritbelongstotheaccusedor3
rd
2. Theorderofpaymentismandatory. person)shallbedestroyed

SUBSIDIARYPENALTY Note: Confiscation and forfeiture are additional
penalties. Hence, once the sentence has become
Q:Whenissubsidiarypenaltyimposed? final,thecourtcannolongermodify,alter,orchange
itbyorderingconfiscationandforfeiture.
A:
1. When there is a principal penalty of Q: What are the cases when confiscation and
imprisonment or any other principal forfeiturecannotbeeffected?
penaltyanditcarrieswithitafine;or
2. Whenpenaltyisonlyafine. A:
1. The instruments belong to an innocent
Note: A subsidiary penalty is not an accessory thirdparty.
penalty. 2. Such properties have not been placed
underthejurisdictionofthecourt.
It must be expressly stated in the sentence and 3. When it is legally or physically
convict must have been insolvent to pay the fine impossible.
andnotmererefusaltopayit.
E.APPLICATIONOFPENALTIES
The sentence will merely provide that in case of (Arts.4477)
nonpayment of the fine, the convict shall be
requiredtosavesubsidiarypenalty Q:Howarepenaltiesapplied?

There shall be no subsidiary penalty for the non A:
paymentofdamagestotheoffendedparty GR:Penaltyprescribedbylawingeneralterms
shall be imposed upon the principals for the
Q: When is subsidiary imprisonment not consummatedfelony
imposed?
69

XPN: When the law fixes the penalty for Interpretation:
frustratedorattemptedfelony
0representsthepenaltyprescribedbylaw,
Q:Whenisthegraduatedscalefollowed? which is to be imposed on the principal
inaconsummatedoffense.
A: The graduated scale is followed when the law
prescribesapenaltylowerorhigherbyoneormore 1representsthatpenaltyprescribedbylaw
degreesthananothergivenpenalty. mustbeloweredbyonedegreetomeet
the different situations and so on with
Scale1 numbers2,3,4
1. Death
2. ReclusionPerpetua Note: The rules in the diagram shall not apply to
3. ReclusionTemporal cases were the law prescribed the penalty for a
4. Prisionmayor frustrated or attempted felony, or to be imposed
5. PrisionCorreccional uponaccomplicesoraccessories.
6. ArrestoMayor
7. Destierro Q: What factors are considered in determining
8. ArrestoMenor the extent of the penalty to be imposed under
9. Publiccensure RPC?
10. Fine
A:
Scale2 1. Stagereached.
1. Perpetual or Temporary Absolute 2. Participationsofthepersonsliable.
Disqualification 3. Aggravating or mitigating
2. Perpetual or Temporary Special circumstancesattendant.
Disqualification
3. Suspensionfrompublicoffice,therightto Q:Whataretherulesinapplicationofindivisible
vote and to be voted for, the profession penalties?
orcalling
4. PublicCensure A:
5. Fine 1. Single indivisible it shall be applied
regardless of any mitigating or
Q:Howisgraduationofpenaltiesdone? aggravatingcircumstances

A:Graduationofpenaltiesmaybeby: 2. Composedoftwoindivisiblepenalties
a. Only one aggravating circumstance
1. ByDegrees: greaterpenaltyshallbeimposed
a. Stagesofexecution(consummated, b. No mitigating and no aggravating
frustrated,orattempted);and circumstanceslesserpenaltyshall
b. Degree of criminal participation of beimposed
the offender (principal, accomplice c. Mitigating circumstance and no
oraccessory). aggravating lesser penalty shall
beimposed
2. By Periods (maximum, medium, and d. Both mitigating and aggravating
minimum) circumstances are present court
shalloffseteachother
Q: What is the computation of penalties for
principals,accomplicesandaccessories? Note:Moralvalue,notnumericalweight,should
prevail

A:
GR: When penalty is composed of two
CONSUMMATED FRUSTRATED ATTEMPTED
indivisiblepenalties,thepenaltycannotbe
Principal
lowered by one degree, no matter how
0 1 2 manymitigatingcircumstancesarepresent
Accomplice
1 2 3 XPN:Privilegedmitigatingcircumstancesof
Accessory Arts.68(personunder18yearsold)and69
2 3 4 (incomplete justifying or exempting
circumstance)

70 CRIMINALLAWTEAM:
BOOK 1: Penalties

Q: What are the rules in the application of A: Divide time included in the penalty into three
divisiblepenalties? equalportionsandoneportionwillcorrespondto
oneperiod.
A:Appliesonlywhenthepenaltyhasthreeperiods
1. No aggravating and no mitigating Note: Penalties consisting in deprivation of liberty
mediumperiod cannotbeservedsimultaneously.

2. Onlyamitigatingminimum Q:Whatisthethreefoldrule?

3. Onlyanaggravatingmaximum A: The threefold rule provides that the maximum
duration of convicts sentence shall not be more
4. When there are aggravating and than 3 times the length of the most severe of the
mitigating court shall offset those of penalties imposed upon him but in no case to
oneclassagainsttheotheraccordingto exceed40years.
theirrelativeweight
The threefold rule applies only when the convict
5. Two or more mitigating and no hastoserveatleast4sentencessuccessively.
aggravatingpenaltynextlower,inthe
period applicable, according to the Subsidiarypenaltyformspartofthepenalty.
number and nature of such
circumstances Subsidiary imprisonment: This shall be excluded in
computingforthemaximumduration.
6. Two or more aggravating Limitation:
No penalty greater than the maximum It applies although penalties were imposed for
period of the penalty prescribed by law different crimes at different times and under
shallshallbeimposed separateinformation.

7. Court can determine the extent of the Note: The threefold rule must be addressed to the
penaltywithinthelimitsofeachperiod, wardenandnottothejudge.
according to the number and nature of
the aggravating and mitigating Q: What are the penalties that may be served
circumstances and the greater or lesser simultaneously?
the extent of the evil produced by the
crime A:
1. Perpetualabsolutedisqualification
Note: In applying the rules for graduating penalties, 2. Perpetualspecialdisqualification
mitigating and aggravating circumstances are 3. Temporaryabsolutedisqualification
disregarded. Mitigating and/or aggravating 4. Temporaryspecialdisqualification
circumstances should be considered only after the 5. Suspension
penaltynextlowerindegreeisalreadydetermined. 6. Destierro
7. Fineandbondtokeepthepeace
Q: What are the cases where mitigating and 8. Civilinterdiction
aggravating circumstances are not considered in 9. Confiscationandpaymentofcost
theimpositionofthepenalty?
Note:Theabovepenalties,exceptdestierro,maybe
A: servedsimultaneouslywithimprisonment.
1. Whenpenaltyissingleandindivisible
2. Onfeloniesthroughnegligence ADDITIONALPENALTIESTOBEIMPOSEDUPON
3. ThepenaltytobeimposeduponaMoro CERTAINACCESSORIES
orothernonChristianinhabitants.Itlies (Art.58)
inthediscretionofthecourt
4. Whenpenaltyisonlyfineimposedbyan Q: What are the additional penalties that could
ordinance beimposedtocertainaccessories?
5. Whenpenaltiesareprescribedbyspecial
laws A:Publicofficerswhohelptheauthorofthecrime
bymisusingtheirofficeanddutiesshallsufferthe
Q: What is the rule when the penalty is not additionalpenaltiesof:
composedofthreeperiods?
71

1. Absolute perpetual disqualification if A: It is a sentence with a minimum term and a
theprincipaloffenderisguiltyofagrave maximum term which the court is mandated to
felony; imposeforthebenefitofaguiltypersonwhoisnot
disqualified therefore, when the maximum
2. Absolute temporary disqualification if imprisonmentexceeds1year.
the principal offender is guilty of less
gravefelony. Q: What is the purpose of the indeterminate
sentencelaw?
Q:WhataretherulesunderArt.49?
A: The purpose of the indeterminate sentence law
A: is to avoid prolonged imprisonment because it is
1. Ifpenaltyforfelonycommittedishigher proventobemoredestructivethanconstructiveto
thanthatintendedLowerpenaltyinits offenders.
maximumperiodshallbeimposed
Q:Whendoesindeterminatesentenceapply?
2. If penalty for felony committed is lower
thanthatintendedLowerpenaltyinits A: Indeterminate sentence applies mandatorily to
maximumperiodshallbeimposed violations of both the RPC and special laws where
imprisonment would exceed one year, and where
3. If the act committed also constitutes an thepenaltyisdivisible.(Sec.1)
attempt or frustration of another crime
and the law prescribes a higher penalty Q:Howistheindeterminatesentenceimposed?
for whether of the latter Penalty for
the attempted or frustrated crime in its A: In imposing a prison sentence for an offense
maximumperiodshallbeimposed. punished by the RPC or special penal laws, the
court shall sentence the accused to an
Note:Art.49appliesinerrorinpersonaeorwhen indeterminatesentence,whichhasamaximumand
thereismistakeintheidentityofthevictimofthe a minimum term based on the penalty actually
crime. imposed.

Thepenaltyfrotheintendedcrimeandtheactual RPC SPL
crime committed are compared and the lower Maximum
penaltyisimposedinthemaximumperiod. That which could be Anywhere within the
properly imposed under the range of penalty
PENALTYFORIMPOSSIBLECRIME RPC, considering the prescribed by the
(Art.59) aggravating and mitigating special law, as long as
circumstances it will not exceed the
Q: What is the penalty to be imposed in case of limitofthepenalty.
failure to commit a crime because the means Minimum
employedortheaimssoughtareimpossible? Within the range of penalty Anywhere within the
one degree lower than that range of penalty
prescribed by the RPC for prescribed by the
A: The penalty for impossible crime is arresto
the felony committed, special law, as long as
mayororfinerangingfromP200P500.
without considering the itwill notbeless than
aggravating and mitigating the minimum limit of
Q:Whatisthebasisfortheimpositionofpenalty circumstances. thepenaltyundersaid
forimpossiblecrime? law.

A: Note: The minimum and the maximum referred to in
1. Thesocialdangeritcouldcause theindeterminatesentencelawarenotperiods.
2. Degree of criminality shown by the
offender. The term minimum refers to the duration of the
sentence which the convict shall serve as a minimum
1.IndeterminateSentenceLaw tobeeligibleforparole.
(R.A.4103,asamended)
Thetermmaximumreferstothemaximumlimitofthe
Q:Whatisanindeterminatesentence? durationthattheconvictmaybeheldinjail.

For special laws, it is anything within the inclusive
range of prescribed penalty. Courts are given
72 CRIMINALLAWTEAM:
BOOK 1: Penalties
discretion in the imposition of the indeterminate b. Reasonable probability that such

penalty. prisoner will live and remain at
libertywithoutviolatingthelaw;
Q:Whoaredisqualifiedfromavailingthebenefits c. Release will not be incompatible
oftheindeterminatesentencelaw? withthewelfareofsociety.

A: The indeterminate sentence law shall not apply Q: When is a prisoner on parole entitled to final
topersons: releaseanddischarge?
1. Convictedof:
a. An offense punishable with death A:Ifduringtheperiodofsurveillancesuchparoled
penalty, reclusion perpetua or life prisonershall:
imprisonment 1. Show himself to be a law abiding citizen
b. Treason, conspiracy or proposal to and;
committreason 2. Notviolateanylaw,
c. Misprision of treason, rebellion,
sedition,espionage TheBoardmayissueafinalcertificationinhisfavor,
d. Piracy forhisfinalreleaseanddischarge.(Sec.6)
2. Whoarehabitualdelinquents
3. Who shall have escaped from Q:Whatarethesanctionsfortheviolationofthe
confinementorevadedsentence conditionsofparole?
4. Granted conditional pardon by the Chief
Executiveandshallhaveviolatedtheterm A: When the paroled prisoner shall violate any of
(condition)thereto theconditionsofhisparole,hemaybe:
5. Whose maximum term of imprisonment 1. Rearrested;and
doesnotexceedoneyear 2. Thereafter, he shall serve the remaining
6. Sentenced to the penalty of destierro or unexpired portion of the maximum
suspensiononly;Anypersonconvictedof sentence for which he was originally
a crime but the penalty imposed upon committedtoprison.
himdoesnotinvolveimprisonment
7. Who are already serving final judgment Q: The penalty provided by law is 6 months to 3
upon the approval of the Indeterminate years.Decideifthefollowingpenaltiesarecorrect:
SentenceLaw.(Sec.2) 1. 2years;
2. 1year;
Note: Recidivists are entitled to an indeterminate 3. 10months;
sentence. 4. 6monthsto10months;
5. 6monthsto2years.
Although the penalty prescribed for the felony
committed is death or reclusion perpetua, if after A:
considering the attendant circumstances, the
1. Incorrect, a straight penalty cannot be
imposable penalty is reclusion temporal or less, the
imposedundertheISLAW.
IndeterminateSentenceLawapplies.
2. Correct, because if the range of the

Anoffenderisnotdisqualifiedtoavailofthebenefits penalty is one year or less, you can
oftheindeterminatesentencelawevenifthecrimeis impose a straight penalty of one year.
committedwhileheisonparole. HereISLAWisnotapplicable.
3. Correct,sameas(b).
Q: When is a prisoner qualified for release on 4. Incorrect, if the maximum penalty is one
parole? year or less, then it is not covered by
ISLAW.Hence,thereisnoneedtoprovide
A:Wheneveranyprisonershall: for maximum and minimum periods in
1. Have served the minimum penalty imposingapenalty.
imposeduponhim 5. Correct, if the maximum period of the
penalty imposed is more than one year,
2. Appear to the board of indeterminate theISLAWapplies.
sentence, from the reports of the
prisoners work and conduct, and from F.EXECUTIONANDSERVICEOFPENALTIES
the study and investigation made by the (Arts.7888)
boarditselfthat:
a. Fittedbyhistrainingforrelease; Q:Whataretherulesincaseofinsanity?
73

A:
A: 1. When the convict is a woman who is
1. When a convict becomes insane or pregnant or within 1 year after delivery.
imbecile after final sentence has been (Art.83)
pronounced, the execution of such
sentenceissuspendedonlyasregardsthe 2. Whenaconvictshallbecomeinsaneoran
personalpenalty. imbecile after final sentence has been
pronounced.(Art.79)
2. If he recovers his reason, his sentence
shall be executed unless the penalty has Q:Whenisdeathpenaltyimposedbutnotcarried
prescribed. out?

3. Even if while serving his sentence, the A:
convict becomes insane or imbecile, the 1. Incaseofcommutationofsentence.
aboveprovisionsshallbeobserved.
2. Ifconvictattainstheageof70yrs.Oldin
4. But the payment of his civil or pecuniary which case the penalty will be
liabilitiesshallnotbesuspended. automatically lowered to reclusion
perpetua.
Q:Whenisdeathpenaltynotimposed?
Note: Only a penalty by final judgment can be
A: executed. A judgment is final if the accused has not
1. When the convict is below 18 yrs old at appealedwithin15daysorhehasexpresslywaivedin
thetimeofthecommissionofthecrime. writingthathewillnotappeal.

2. Whentheconvictisover70yrsoldatthe Q:Inwhatcasesisdestierroimposed?
timeofthecommissionofthecrime.
A:
3. When upon appeal or automatic review 1. Death or serious physical injuries is
of the case by the Supreme Court, the caused or are inflicted under exceptional
requiredmajorityvoteisnotobtainedfor circumstances.(Art.247)
impositionofthedeathpenalty,inwhich
cases the penalty shall be reclusion 2. Failuretogivebondforgoodbehaviorin
perpetua.(Art.47) graveandlightthreats.(Art.284)

Q:Isthedeathpenaltyalreadybeenabolished? 3. Penaltyfortheconcubineinconcubinage
(Art.334)
A: No. What is prohibited under R.A. 9346 is only
theimpositionofthepenaltyofdeath. 4. When, after reducing the penalty by one
or more degrees, destierro is the proper
In lieu of the death penalty, the following shall be penalty.
imposed:
1. The penalty of reclusion perpetua, when Q:Howisdestierroexecuted?
the law violated makes use of the
nomenclatureofthepenaltiesoftheRPC; A:
or 1. Convict shall not be permitted to enter
the place designated in the sentence nor
2. The penalty of life imprisonment, when within the radius specified, which shall
thelawviolateddoesnotmakeuseofthe not be more than 250 and not less than
nomenclatureofthepenaltiesoftheRPC. 25kmfromtheplacedesignated.
(Sec.2,R.A.9346)
2. If the convict enters the prohibited area,
Note:However,thecorrespondingcivilliabilityshould hecommitsevasionofsentence.
bethecivilliabilitycorrespondingtodeath.(Peoplevs.
Salome,G.R.No.169077,Aug.31,2006) Q:Whereistheplaceofserviceofarrestomenor?

Q: When is the execution of death penalty A:
suspended? 1. Inthemunicipaljail;

74 CRIMINALLAWTEAM:
BOOK 1: Penalties
2. In the house of the offender, but under

the surveillance of an officer of the law XPN: The court may, after it shall have convicted
whenever the court provides in the and sentenceda child in conflict with the law, and
decision due to the health of the upon application at any time, place the child on
offender. But the reason is not probation in lieu of service of his/her sentence
satisfactoryjustbecausetheoffenderisa taking into account the best interest of the child.
respectable member of the community. For this purpose, Section 4 of PD 968, otherwise
(Art.88) known as the "Probation Law of 1976", is hereby
amendedaccordingly.(Sec.42,RA9344)
1.ProbationLaw(P.D.968,asamended)
Q: What is the effect of the filing for application
Q:Whatisprobation? forprobation?

A:Itisadispositionunderwhichadefendant,after A: A judgment of conviction becomes final when
conviction and sentence, is released subject to theaccusedfilesapetitionforprobation.However,
conditions imposed by the court and to the thejudgmentisnotexecutoryuntilthepetitionfor
supervisionofaprobationofficer.(Sec.3[a]) probation is resolved. The filing of the petition for
probationisawaiverbytheaccusedofhisrightto
Note: Probation is only a privilege and its grant rests appealthejudgmentofconviction.
solelyuponthediscretionofthecourt.
Ratio:Whenoneappliesforprobation,headmitsthe
Q:Whatarethepurposesofprobation? correctnessofthecourtsdecision.Ontheotherhand,
if he appeals, he is not satisfied with the courts
A: decision,thushewantstheappellatecourttoreverse
1. To promote the correction and ormodifythedecisionofthelowercourt.
rehabilitationofanoffenderbyproviding
himwithindividualizedtreatment Q: What is the effect of probation on the civil
liabilityoftheoffender?
2. To provide an opportunity for the
reformationofapenitentoffenderwhich A: The probation law provides only for the
mightbelessprobableifheweretoserve suspensionofthesentenceimposedontheaccused
aprisonsentence by virtue of his application. It has absolutely no
bearing on civil liability. Although the execution of
3. Topreventthecommissionofoffenses sentence is suspended by the grant of suspension,
4. Todecongestourjails it does not follow that the civil liability of the
5. To save the government much needed offender,ifany,isextinguished.
financeformaintainingconvictsinjail.
Q: Where should the offender file his application
Q:Whenmayprobationbeavailedof? forprobation?

A: Probation may be availed of before the convict A:Anapplicationforprobationisexclusivelywithin
beginsservingsentencebyfinaljudgmentprovided thejurisdictionofthetrialcourtthatrenderedthe
that he/she did not appeal his/her conviction judgment. The courts are always required to
anymore. conduct a hearing whether a convict who is
otherwise disqualified for probation may be given
Note: The application for probation must be done thebenefitofprobationornot.
within15daysfromthepromulgationofjudgment.
Q:Whocanapplyforprobation?
Q:Ifapersonalreadyperfectedanappeal,canhe
stillavailofprobation? A:
GR: Only those whose penaltydoes not exceed six
A: years of imprisonment are qualified for probation,
GR: No. Even if a person may be eligible for withoutregardtothenatureofthecrime.Hence,if
probation,themomentheperfectsanappealfrom thepenaltyissixyearsandoneday,heisnolonger
the judgment of conviction, he cannot avail of qualifiedforprobation.
probation anymore. The benefit of probation must
be invoked at the earliest instance after XPN:
conviction.(Franciscov.CA,G.R.No.108747April6, 1.FirsttimeminoroffendersunderRa9165
1995) 2.Violationoftheomnibuselectioncode
75

1. Sentenced to serve a maximum term of
Q:Supposetheoffenderwasconvictedofseveral imprisonmentofmorethansixyears;
offenseswhichweretriedjointlyandonedecision 2. Convicted of subversion or any crime
was rendered where multiple sentences imposed againstthenationalsecurityorthepublic
several prison terms as penalty, each prison term order, such as alarms and scandals,
doesnotexceedsixyearsalthoughthetotalityof regardlessofthepenaltyimposed;
theprisontermsexceededsixyears,ishequalified 3. Who have previously been convicted by
toapplyforprobation? finaljudgmentofanoffensepunishedby
imprisonmentofnotlessthanonemonth
A: Yes, the offender is still qualified for probation. andonedayand/orafineofnotlessthan
The basis of determining whether the penalty twohundredpesos;
disqualifies the offender from probation or not is 4. Whohavebeenonceonprobationunder
the term of the individual imprisonment and not theprovisionsofPD968;and
the totality of all the prison terms imposed in the 5. Who are already serving sentence at the
decision. timethesubstantiveprovisionsofPD968
becameapplicablepursuanttoSection33
Hence, even if the prison term would sum up to ofPD968.(Sec.9)
more than six years, if none of the individual
penalty exceeds six years, the offender is not Note: In determining whether a convict is entitled to
disqualifiedfromapplyingforprobation. probation,considernotonlytheprobationablecrime,
but also the probationable penalty. If it were a non
Q: May a recidivist be given the benefit of probationable crime, then regardless of the penalty,
probation? theconvictcannotavailofprobation.

A: Q: When will the application for probation be
GR:No. denied?

XPN: If the earlier conviction refers to a crime, A: The court shall deny the application for
thepenaltyofwhichdoesnotexceed30daysof probationifitfinds:
imprisonment or a fine of not more than P200,
such convict is not disqualified from the benefit 1. That the offender is in need of
of probation. Hence, even if he would be correctional treatment that can be
convicted subsequently of a crime embraced in provided most effectively by his
the same title of the RPC as that of the earlier commitmenttoaninstitution;
conviction,heisnotdisqualifiedfromavailingof 2. Thatthereisanundueriskthatduringthe
probation provided that the penalty of the period of probation the offender will
currentcrimecommitteddoesnotgobeyondsix commitanothercrime;or
yearsandthenatureofthecrimecommittedby 3. Probation will depreciate the seriousness
himisnotagainstpublicorder, nationalsecurity ofthecrime.
orsubversion.
Q: What are the kinds of conditions imposed
Q:Whatarethecriteriaforplacinganoffenderon undertheprobationlaw?
probation?
A:
A: In determining whether an offender may be 1. Mandatoryconditions
placedonprobation,thecourtshallconsider: 2. Discretionaryconditions

1. All information relative, to the character, Q:Whatarethemandatoryconditions?
antecedents, environment, mental and
physicalconditionoftheoffender;and A:Theyare:
2. Available institutional and community 1. TheconvictmustreporttotheProbation
resources. Officer(PO)designatedinthecourtorder
approving his application for probation
Q:Whoaredisqualifiedfromavailingthebenefits within 72 hours from receipt of notice of
oftheprobationlaw? suchorderapprovinghisapplication;and
2. Theconvict,asaprobationer,mustreport
A: The benefits of the probation law shall not be to the PO at least once a month during
extendedtothose: theperiodofprobationunlesssooner.

76 CRIMINALLAWTEAM:
BOOK 1: Penalties
Note: These conditions are mandatory, hence, the thanoneyear shallnotexceed6years

moment any of these is violated, the probation is Thesentenceimposes Theperiodofprobation
terminated. onlyafineandthe shallbetwicethetotal
offenderismadetoserve numberofdaysof
Q:Whatarethediscretionaryconditions? subsidiaryimprisonment subsidiaryimprisonment

A: The trial court which approved the application Q: What are the sanctions imposed if the
forprobationmayimposeanyconditionwhichmay probationer commits any serious violation of the
be constructive to the correction of the offender, conditionsofprobation?
provided the same would not violate the
constitutionalrightsoftheoffenderandsubjectto A:
thesetworestrictions: 1. The court may issue a warrant for the
arrestofaprobationer.
1. The conditions imposed should not be
undulyrestrictiveoftheprobationer;and 2. Ifviolationisestablished,thecourtmay:
2. Such condition should not be a. Revokehisprobation;or
incompatible with the freedom of b. Continue his probation and modify
conscienceoftheprobationer. the conditions thereof. This order is
notappealable.
Q:Whataretherulesonthegrantofprobation?
3. If probation is revoked, the probationer
A: shall serve the sentence originally
1. After having convicted and sentenced a imposed.
defendant, the trial court may suspend
the execution of the sentence, and place Q:Whenmayprobationbeterminated?
the defendant on probation, upon
application by the defendant within the A: The court may order the final discharge of the
periodforperfectinganappeal. probationer upon finding that, he has fulfilled the
termsandconditionsofprobation.
2. The filing of application for probation
operates as a waiver of the right to Q: What are the effects of the termination of
appeal. probation?

3. Probation may be granted whether the A:
sentence imposed a term of 1. Caseisdeemedterminated.
imprisonmentorfineonly. 2. Restoration of all civil rights lost or
suspended.
4. Theapplicationshallbefiledwiththetrial 3. Fully discharges liability for any fine
court, and the order granting or denying imposed.
probationshallnotbeappealable.
Note: Any person convicted for drug trafficking or
5. Accessory penalties are deemed pushing under RA 9165, regardless of the penalty
suspendedonceprobationisgranted. imposed by the Court, cannot avail of the privilege
granted by the Probation Law or Presidential Decree
Q:Whatistheremedyofanoffenderifhisorher No.968,asamended.(Sec.24,RA9165)
applicationforprobationisdenied?
Note: Probation is not coterminous with its period.
A: An order denying probation is not appealable, The mereexpiration of the period for probationdoes
hence,theremedyiscertiorari. not, ipso facto, terminate the probation. There must
be an order issued by the court discharging the

probationer. If the accused violates the condition of
Q:Whatistheperiodofprobation?
the probation before the issuance of said order or
court,theprobationmayberevokedbytheCourt.
A:

PENALTY
PERIODOFPROBATION Q: Efren, a bus driver, was charged with reckless
IMPOSED
imprudenceresultinginhomicideforthedeathof
Theperiodofprobation
Imprisonmentfornot John. The trial court convicted Efren of the crime
shallnotexceedtwo
morethanoneyear charged. Efren applied for probation which was
years
Imprisonmentofmore Theperiodofprobation given due course by the trial court. Thereafter,
77

Efren filed an appeal regarding the award of Note: The exemption from criminal liability herein
damages.Thetrialcourtdeniedtogiveduecourse established does not include exemption from civil
to the notice of appeal because it has already liability, which shall be enforced in accordance with
granted probation and that such is deemed as a existinglaws
waiveroftherightoftheaccusedtoappeal.May
theaccusedfileanappealregardingtheawardof Q:Whatisjuvenilejusticeandwelfaresystem?
damagesnotwithstandingthegrantofprobation?
A:JuvenileJusticeandWelfareSystem"referstoa
A: Yes, although the appeal in this case involved systemdealingwithchildrenatriskandchildrenin
onlythecivilaspectofthetrialcourtsjudgment.It conflict with the law, which provides child
is significant to note that the civil liability of the appropriate proceedings, including programs and
accused is not part of the penalty for the crime servicesforprevention,diversion,rehabilitation,re
committed. It is personal to the victim. The integration and aftercare to ensure their normal
probation law provides only for the suspension of growthanddevelopment.(Sec.4,RA9344)
the sentence imposed on the accused by virtue of IMINALLIABILIT
his application for probation. It has absolutely no EFFECTSOFTHEATTENDINGMITIGATING
bearing on civil liability.Although the execution of AND/ORAGGRAVATINGCIRCUMSTANCESAND
sentenceissuspendedbythegrantofprobation,it OFHABITUALDELINQUENCY
does not follow that the civil liability of the (Art.62)
offender, if any, is extinguished. (Salvan v. People,
G.R.No.153845,Sept.11,2003) Q: Who shall be considered as a habitual
delinquent?
2.JuvenileJusticeandWelfareActof2006
(R.A.9344) A:Forthepurposeofthisarticle,apersonshallbe
deemed to be habitual delinquent, if with in a
Q:Whatisthemeaningofachildinconflictwith periodoftenyearsfromthedateofhisreleaseor
thelaw? last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa or
A:Itreferstoachildwhoisallegedas,accusedof, falsification,heisfoundguiltyofanysaidcrimesa
oradjudgedas,havingcommittedanoffenseunder thirdtimeoroftener.
Philippinelaws.
Q: What are the effects of aggravating
Note:Thechildinconflictwiththelawshallenjoythe circumstance, mitigating circumstance and
presumption of minority. He/she shall enjoy all the habitualdelinquency?
rightsofachildinconflictwiththelawuntilhe/sheis
proventobe18yearsoldorolder. A:
1. Aggravating circumstances (generic and
Q: What is the minimum age of criminal specific)increasesthepenalty,without
responsibility? however, exceeding the maximum
providedbylaw
A:
2. Mitigating circumstances diminishes
thepenalty
CRIMINAL
AGEBRACKET TREATMENT
LIABILITY
3. Habitual delinquency increases the
Thechildshallbe
penalty because of multiple convictions
15yearsoldor subjectedtoan
Exempt in certain specific crimes or recidivism,
below intervention
program which is generally implied in habitual
Above15but Thechildshallbe delinquency and imposes an additional
below18,who subjectedtoan penalty
Exempt
actedwithout intervention
discernment program Q: What are the rules on aggravating and
Suchchildshallbe mitigatingcircumstances?
Above15but subjectedtothe
below18,who Not appropriate A:
actedwith exempt proceedingsin 1. Aggravating circumstances that are not
discernment accordancewith taken into account to increase the
R.A.9344 penaltyarethosewhich:

78 CRIMINALLAWTEAM:
BOOK 1: Penalties
a. In themselves constitute a crime

speciallypunishedbylaw;or A:
b. Are included by the law in defining 1. Upon3rdconvictionPrisioncorrecional
acrimeandprescribingthepenalty initsmediumandmaximumperiods
th
therefore;or 2. Upon4 convictionPrisionmayorinits
c. Areinherentinthecrime. mediumandminimumperiods
th
3. Upon 5 or additional conviction
2. Aggravating or mitigating circumstances Prision mayor in its minimum period to
that serve to aggravate or mitigate the Reclusion temporal in its minimum
liability of the offenders to whom such period
circumstances are attendant are which
arisefrom: Note:Totalpenaltiesnottoexceed30years.
a. The moral attributes of the
offender;or Totalpenaltiesrefertothepenalties:
b. From his private relations with the 1. For the last crime of which he is found
offendedparty;or guilty;
c. Fromanyotherpersonalcause. 2. Additionalpenalty.

3. Circumstancesthatservetoaggravateor Q:Whatarethedistinctionsbetweenhabitual
mitigate the liability of those persons delinquencyandrecidivism?
onlywhohadknowledgeofthematthe
timeoftheexecutionoftheactortheir A:
cooperation therein are those which
consist: HABITUALDELIQUENCY RECIDIVISM
a. Inthematerialexecutionoftheact;
or Astothecrimescommitted
b. In the means employed to
accomplishit. Offenderhadbeen Sufficientthataccusedon
convictedofanyofthe thedateoftrialshallhave
Q: What are the requisites of habitual crimesof:serious beenpreviouslyconvicted
delinquency? physicalinjuries, byfinaljudgmentof
robbery,theft,estafa,or anothercrimeembraced
A: falsification. inthesametitleofRPC.
1. Offender had been convicted of any of
thecrimesof: Astoperiodoftimethecrimesarecommitted
a. Serious or less serious physical
injuries Offenderfoundguiltyof
Noperiodoftime
b. Robbery anyofthecrimeswithin
betweentheformer
10yearsfromhislast
c. Theft convictionandthelast
releaseorlast
d. Estafa conviction.
conviction.
e. Falsification
Astonumberofcrimescommitted
2. Afterthatconvictionorafterservinghis
sentence, he again committed, and, 3rdconvictionoroftener. 2ndconvictionissufficient.
st
within 10 years from his release or 1
Astoeffects
conviction, he was again convicted of
Ifnotoffsetbymitigating
any of the said crimes for the second
Anadditionalpenaltyis circumstances,servesto
time. imposed increasethepenaltyonly
tothemaximum
3. After conviction of, or after serving
nd
sentence for, the 2 offense, he again Q:JuandeCastroalreadyhadthree(3)previous
committed, and, within 10 years from convictions by final judgment for theft when he
hislastreleaseorlastconviction,hewas was found guilty of Robbery with Homicide. In
again convicted of any of said offenses, the last case, the trial judge considered against
rd
the3 timeoroftener. the accused both recidivism and habitual
delinquency. The accused appealed and
Q:Whataretheadditionalpenaltiesforhabitual contended that in this last conviction, the trial
delinquency? court cannot consider against him a finding of
79

recidivismand,again,ofhabitualdelinquency.Is imprisonment by virtue of final judgment. (1991
theappealmeritorious?Explain. BarQuestion)

A: No, the appeal is not meritorious. Recidivism
andhabitualdelinquencyarecorrectlyconsidered
in this case because the basis of recidivism is
differentfromhabitualdelinquency.

Juanisarecidivistbecausehahadbeenpreviously
convicted by final judgment for theft and again
foundguiltyforrobberywithhomicide,whichare
bothcrimesagainstproperty,embracedunderthe
same Title (Title Ten, Book Two) of the Revised
Penal Code. The implication is that he is
specializing in the commission of crimes against
property, hence aggravating in the conviction for
robberywithhomicide.

Habitual delinquency, which brings about an
additionalpenaltywhenanoffenderisconvicteda
thirdtimeormoreforspecifiedcrimes,iscorrectly
considered because Juan had already three (3)
previous convictions by final judgment for theft
and again convicted for robbery with homicide.
And the crimes specified as basis for habitual
delinquencyincludes,interalia,theftandrobbery.
(2001BarQuestion)

Q:Awaschargedwithhomicide.Duringthetrial,
uncontradicted evidence consisting of medical
certificates were presented showing that the
accused had sustained injuries in ten (10)
previous occasions while engaged in fisticuffs
with different persons. He was also confined at
the National Mental Hospital for mental ailment
diagnosed as homicidal and suicidal instincts.
During his second confinement thereat, he
escaped. Upon conviction, the prosecutor
objected to the applicationof the Indeterminate
Sentence Law contending that the accused is a
habitual delinquent and an escapee from the
National Mental Hospital. If you are the Judge,
ruleontheobjection.

A:Theobjectionshouldbeoverruled.Acouldnot
be legally considered a habitual delinquent.
Habitual delinquency cannot be validly invoked
without being alleged in the information and
proven during trial. Besides there is no indication
that A was convicted within ten (10) years from
last conviction or release, three times, or oftener
of the crimes of robbery, theft, estafa, physical
injuries, or falsification. Being an escapee from a
mental hospital will not disqualify him from the
application of the ISL as Section 2 thereof
contemplates having escaped from confinement
or evaded sentence. Confinement presupposes
80 CRIMINALLAWTEAM:
BOOK 1: Modification And Extinction of Criminal Liability
VI.MODIFICATIONANDEXTINCTIONOFCRIMINAL of civil liability exists as provided under

LIABILITY Art.1157CivilCode.

Q:Howiscriminalliabilityextinguished? Note:However,civilliabilityarisingfromsourcesother
than the crime committed survives and may be
A: Criminal liability may be extinguished either, pursued in a separate civil action. (People v. Bayotas,
totallyorpartially. G.R.no.152007,Sept.2,1994)

Q: What are circumstances which totally
extinguishcriminalliability? A.PRESCRIPTIONOFCRIMESUNDERTHERPC
(Art.90)
A:
1. Death of the convict as to personal Q.Whatisprescriptionofcrimes?
penalties; and as to pecuniary penalties,
liabilitytheretoisextinguishedonlywhen A:Prescriptionofcrimesistheforfeitureorlossof
death of the offender occurs before final the right of the State to prosecute the offender
judgment afterthelapseofcertaintime.

Note:Extinguishmentofcriminalliabilityisa GR:Prescriptionofthecrimebeginsontheday
groundformotiontoquash. thecrimewascommitted.

The death of the offended party however XPN: When the crime was concealed,
does not extinguish criminal liability of the prescription would only commence from the
accused because it is a crime against the time the offended party or the government
State. learnsofthecommission.

2. Serviceofsentence CRIMES PRESCRIPTION
3. Amnesty which completely extinguished Crimespunishableby
thepenaltyandallitseffects death,Reclusion
20years
4. Absolutepardon perpetua,Reclusion
5. Prescriptionofthecrime temporal
6. Prescriptionofthepenalty Crimespunishableby
15years
7. Marriage of the offended woman as in otherafflictivepenalties
the crimes of rape, abduction, seduction 10years,exceptthose
andactsoflasciviousness Crimespunishableby punishablebyarresto
othercorrectional mayorwhereinthe
Q: What are circumstances which totally penalties prescriptiveperiodis5
extinguishcriminalliability? years.
Libelorothersimilar
1year
offenses
A:
Oraldefamationand
1. Conditionalpardon 6months
slanderbydeed
2. Commutationofsentence
Lightoffenses 2months
3. For good conduct allowances which the

culprit may earn while he is serving
Note: In computing the period, the first day is
sentence
excludedandthelastdayincluded.Periodissubjectto
4. Parole leapyears.
5. Probation
Prescriptiondoesnottakeawaythecourtsjurisdiction
Q:Whatistheeffectofoffendersdeath? butonlyabsolvesthedefendantandacquitshim.

A: When fine is imposed as an alternative penalty to
1. If before final judgment his death imprisonment, and the fine constitutes a higher
extinguishes both his criminal and civil penaltythanthepenaltyofimprisonment,thebasisof
liabilities. theprescriptiveperiodisthefine.

2. If while the case is on appeal case on Q: What is the rule where the last day of
appeal will be dismissed. Offended party prescriptive period falls on a Sunday or legal
may file a separate civil action under the holiday?
Civil Code if any other basis for recovery
81

A:Wherethelastdayoftheprescriptiveperiodfor onemonthorboth
filing an information falls on a Sunday or legal Violationsofmunicipalordinances 2months
holiday,theinformationcouldnolongerbefiledon
thenextdayasthecrimehasalreadyprescribed. Q: What are the rules in computation of
prescriptionofoffenses?
Q: What will be the basis of computation if the
penaltyisacompoundone? A:
1. Period of prescription commences to run
A:Thehighestpenaltyisthebasisoftheapplication from the day the crime is discovered by
oftherulescontainedherein. the offended party, the authorities or
theiragents.
Q:Suppose,in1980,Acommitsacrime,thengoes
into hiding, he resurfaces 20 years later, and the 2. It is interrupted by the filing of the
government finds a witness, can they institute a complaintorinformation.
case?
3. It runs again when such proceedings
A: No. However, if the accused left for the United terminate without the accused being
States,yes,hecanbeprosecutedstill. convictedoracquittedorareunjustifiably
stoppedforanyreasonnotimmutableto
The mere filing of a complaint with: 1. Chief of him.
Police; 2. office of the NBI; or 3. Office of the
Provincial Director of PNP does not interrupt the 4. It shall not run when offender is absent
prescriptiveperiod. fromthePhilippines.

Ratio: They do not constitute the court. They are Note: If dismissal is final, accused can no longer be
neither part of the judiciary nor part of the courts of prosecutedeven ifstillwithinthe prescriptive period,
justice. onthegroundofdoublejeopardy.

Q:Whatistheeffectiftheaccusedfailstomove Thefilingofthecomplaintorinformationincourtfor
toquashbeforepleading? preliminaryinvestigationinterruptstherunningofthe
prescriptiveperiod.
A: The accused is deemed to have waived all
objections,exceptifthegroundsare: The term "proceedings" should now be understood
either executive or judicial in character: executive
1. Facts charged do not constitute an when it involves the investigation phase and judicial
offense when it refers to the trial and judgment stage. With
this clarification, any kind of investigative proceeding
2. Courthasnojurisdiction instituted against the guilty person which may
ultimatelyleadtohisprosecutionshouldbesufficient

totollprescription.(Panaguiton,Jr.v.DOJ,GR167571,
3. Criminal action or liability has been
Nov.25,2008)
extinguished

4. Theaverments,iftrue,wouldconstitutea
B.PRESCRIPTIONOFPENALTIES
legal excuse or justification (Sec.9, Rule

117,RulesofCourt)
Q:Whatisprescriptionofpenalties?

A:Prescription ofpenaltiesisthelossorforfeiture
PRESCRIPTIONOFOFFENSESPUNISHABLEUNDER
oftherightofthegovernmenttoexecutethefinal
SPECIALLAWSANDMUNICIPALORDINANCES
sentenceafterthelapseofcertaintime.

IMPOSABLEPENALTY PRESCRIPTION
Q:Whenwilltheprescriptiveperiodcommenceto
Imprisonmentofsix(6)yearsor
12years run?
more

Imprisonmentoftwoyearsbutless
8years A: Prescriptive period of penalties will only
thansixyears
OffensesundertheNIRC 5years
commence to run from the moment the convict
Imprisonmentofoveronemonth evadestheserviceofsentence.(Art.91)
4years
butlessthantwoyears
Fineorimprisonmentofnotover 1year Q.Whenwillsuchperiodbeinterrupted?
82 CRIMINALLAWTEAM:
BOOK 1: Modification And Extinction of Criminal Liability
Startscountingupon Startscountinguponthe
A:Itisinterruptedwhentheconvict; discoveryofthe escapeorevasionof
1. Giveshimselfup commissionofthecrime serviceofsentence
2. Iscaptured Absencefromthe
3. Goestoaforeigncountrywithwhichthe Mereabsencefromthe Philippinesinterruptsthe
Philippineshasnoextraditiontreaty;or Philippinesinterruptsthe periodonlywhenhegoes
4. Commits any crime before theexpiration runningofthe toaforeigncountry
oftheperiodofprescription prescription withoutextraditiontreaty
withus.
Commissionofanother
Q: What are the situations which do not follow Commissionofanother
crimebeforethe
Art.91? crimebeforeexpiration
expirationoftheperiod
oftheperiodinterrupts
doesnotinterrupt
A: theprescription.
prescription.
1. Continuing crimes prescriptive period
willstarttorunonlyattheterminationof Q:OnefatefulnightinJanuary1990,while5year
theintendedresult). oldAlbertwasurinatingatthebackoftheirhouse,
heheardastrangenoisecomingfromthekitchen
2. In crimes against false testimony of their neighbor and playmate, Ara. When he
prescriptive period is reckoned from the peeped inside, he saw Mina, Aras stepmother,
day afinal judgment is rendered and not very angry and strangling the 5year old Ara to
atthetimewhenthefalsetestimonywas death. Albert saw Mina carry the dead body of
made). Ara, place it inside the trunk of the car and drive
away. The dead body of Ara was never found.
3. Electionoffense Mina spread the news in the neighborhood that
a. If discovery of the offense is Ara went to live with her grandparents in Ormoc
incidental to judicial proceedings, City.Forfearofhislife,Albertdidnottellanyone,
prescription begins when such even his parents and relatives, about what he
proceedingterminates;or witnessed.Twentyandahalf(20&)yearsafter
b. From the date of commission of the the incident, and right after his graduation in
offense. Criminology, Albert reported the crime to NBI
authorities.Thecrimeofhomicideprescribesin20
Q: What is the effect of filing an amended years. Can the state still prosecute Mina for the
complaint or information upon period of deathofAradespitethelapseof20and1/2years?
prescription? Explain.

A:Iftheamendmentchargesadifferentcrime,the A: Yes, the State can still prosecute Mina for the
date of amended complaint or information should death of Ara despite the lapse of 20 and years.
be considered. If it is merely a correction of a Under Article 91, RFC, the period of prescription
defect, the date of the original complaint or commencestorunfromthedayonwhichthecrime
informationshouldbeconsidered. isdiscoveredbytheoffendedparty,theauthorities
ortheiragents.Inthiscaseatbar,thecommission
IMPOSABLEPENALTY PRESCRIPTION
ofthecrimewasknownonlytoAlbert,whowasnot
Death,
theoffendedpartynoranauthorityoranagentof
reclusionperpetua, 20years
an authority. It was discovered by the NBI
reclusiontemporal
authorities only when Albert revealed to them the
Otherafflictivepenalties 15years
commission of the crime. Hence, the period of
Correctionalpenalties
10years prescription of 20 years for homicide commenced
exceptarrestomayor
Lightpenalties 1year
torunonlyfromthetimeAlbertrevealedthesame
totheNBIauthorities.(2000BarQuestion)

Q:Whatarethedistinctionsbetweenprescription

ofcrimesandprescriptionofpenalties?
ALLOWANCEFORGOODCONDUCT
(Art.97)
A:

PRESCRIPTIONOF PRESCRIPTIONOF
CRIMES PENALTIES IMPRISONMENT DEDUCTION
Lossofforfeitureofthe 5daysforeachmonthof
Lossorforfeitureofthe First2years
Statetoenforce goodbehavior
Statetoprosecute. 35years 8daysforeachmonthof
judgment
83

goodbehavior
10daysforeachmonthof
610years
goodbehavior
15daysforeachmonthof
11andsoonyears
goodbehavior

84 CRIMINALLAWTEAM:
BOOK 2: Crimes Against National Security
BOOKII A: It is the obligation of fidelity and obedience,

whichoneowestothegovernmentunderwhichhe
I.CRIMESAGAINSTNATIONALSECURITY(114123) lives,inreturnfortheprotectionhereceives.

Q:WhatarethecrimesagainstNationalSecurity? Q:Whataretheelementsoftreason?
A:
A: 1. Offender is a Filipino citizen or an alien
1.Treason(Art.114) residinginthePhilippines.
2.Conspiracyandproposaltocommittreason 2. There is a war in which the Philippines is
(Art.115) involved.
3.MisprisionofTreason(Art.116)
4.Espionage(Art.117) Note:Formaldeclarationoftheexistenceofastateof
5.Incitingtowarandgivingmotivesfor warisnotnecessary.
reprisal(Art.118)
6.ViolationofNeutrality(Art.119) 3. Offendereither
7.Correspondencewithhostilecountry a. Levies war against the government,
(Art.120) or
8.Flighttoenemycountry(Art.121) b. Adheres to the enemies by giving
themaidandcomfort.
Q:Whatarethecrimesagainstthelawofnations?
Note:Treasonisawarcrime.Itcanonlybecommitted
A: intimesofwar.Theremustbeactualhostilities.
1.Piracyandmutiny(Art.122)
2.QualifiedPiracyandMutiny Q: What are the two modes of committing
treason?
Q: Where can the crimes against the law of
nationsbetried? A:
1. Levyingwaragainstthegovernment,or
A: It may be punished anywhere because they are 2. Adheringtotheenemies,givingthemaid
consideredcrimesagainstthefamilyofnations. andcomfort.

Q:Whencanthecrimeagainstnationalsecuritybe Note: Emotional or intellectual sympathy to the
committed? enemy,withoutgivingtheenemyaidorcomfort,isnot
treason.

A:GR:Allcrimesagainstnationalsecuritycanonly
Givinginformationto(Peoplev.Paar,86Phil.864)or
becommittedintimesofwar.
commandeering foodstuffs (People v. Mangahas, 93
Phil.118)forenemyisevidenceofbothadherenceand
XPN: aidorcomfort.
1.Espionage
2.Incitingtowarorgivingmotivesfor Q:Whoarethepersonsthatmaybeliableforthe
reprisal crimeoftreason?
3.Violationofneutrality
4.Mutinyandpiracy.(Boado2008p.366) A:Filipinocitizensandresidentalienscanbeliable
for treason. A citizen owes permanent allegiance
ChapterOne:CrimesAgainstNationalSecurity whilearesidentalienowestemporaryallegianceto
(Art.114123) thegovernment.

TREASON(Art.114) Q: Can treason be committed outside the
Philippines?
Q:Whatisthecrimeoftreason?
A:Itdepends.
A: It is a breach of allegiance to a government, 1. IftheoffenderisaFilipinocitizen,hecan
committedbyapersonwhoowesallegiancetoit. commit this crime even if he is outside
thePhilippines.
Q:Whatisallegiance? 2. Treasonbyanalienmustbecommittedin
the Philippines (EO 44) except in case of
conspiracy.

85

Q:Isthereacrimeoftreasonthrunegligence? the government to resist or to attack the enemies
ofthegovernment.
A: There is no treason thru negligence. The overt
act of giving aid or comfort to the enemy must be Q:Whatistheextentofaidorcomfort?
intentional.
A:Itmustbeadeedorphysicalactivityanditmust
Note: Mere acceptance of publicoffice and discharge beintentional.
of official duties under the enemy do not constitute
persethefelonyoftreason,exceptwhentheposition Note: A mere expression of opinion does not
ispolicydetermining. constituteanactoftreason.

Q:Whataretheelementsoflevyingofwar? Q:Whatarethewaysofprovingtreason?

A: A:
1. There must be an actual assembling of 1. Twowitness rule The testimony of two
men witnesses is required to prove the same
2. For the purpose of executing a overtactofgivingaidorcomfort.
treasonabledesignbyforce

Note: The testimonies must refer to the
Note:Levyingofwarmustbeincollaborationwitha sameact,placeandmomentoftime.
foreignenemy.
If the overt act is separable, two witnesses
Q: What is the meaning of adherence to the must also testify to each part of the overt
enemy? act.

A:Adherencetotheenemymeansthatthecitizen Q:AtestifiedthathesawXgoingtothehouseofC
intellectuallyoremotionallyfavorstheenemiesand in search of the latters revolver. B testified that
harbors sympathies or convictions disloyal to his when C went to the garrison, X required C to
countrys policy or interest. It means that there is produce his revolver. Is the twowitness rule
intenttobetray. compliedwith?

Note:Adherencealonewithoutaidandcomfortdoes A: No. Although both acts may logically be
not constitute treason, although it may be inferred presumed to have answered the same purpose,
fromtheactscommitted. that of confiscating Cs revolver, the singleness of
the purpose is NOT enough to make one of two
Q: X sold alum crystals and water pipes to the acts.
enemy.Istreasoncommitted?
Q:Onewitnesssaidheheardagunreport,andsaw
A: The sale of said articles does not per se asmokingguninthehandoftheaccusedandsaw
constitute treason, because the said materials are thevictimfall.Anotherwitness,whowasdeaf,said
notexclusivelyforwarpurposesandtheirsaledoes hesawtheaccusedraiseandpointthegunandsaw
notnecessarilycarryanintentiononthepartofthe a puff of smoke from it. Is the twowitness rule
vendortoadheretotheenemy.(Peoplev.Agoncillo compliedwith?
80Phil.33)
A:Yes.Althoughthetestimoniesarenotidentical,
Q:Howmayadherencebeproved? thetestimoniesofbothwouldcertainlybetothe
sameovertact.(Hauftv.UnitedStates)
A:Adherencemaybeproved:
1. Byonewitness,
2. Fromthenatureoftheactitself,or 2. Confessionoftheaccusedinopencourt.
3. From the circumstances surrounding the
act. Note: The confession means pleading guilty in open
court that is before the judge while actually hearing
Q:Whatisthemeaningofaidandcomfort? the case. Extrajudicial confession or confession made
before the investigators is not sufficient to convict a
A: It means any act which strengthens or tends to personoftreason.
strengthen the enemy of the government in the
conduct of war against the government or an act Q:Issuspendedallegianceadefenseintreason?
which weakens or tends to weaken the power of
86 CRIMINALLAWTEAM:
A: No, because sovereignty is not suspended in A: No, mere attempt consummates the crime of
times of war. What is suspended is only the treason.
exercise thereof. Hence, the allegiance of a citizen
isnotabrogatedbytheenemyoccupation. Q:Howistreasondistinguishedfromsedition?

Note:Duressorcontrollablefearandobediencetothe A:
defactogovernmentaredefensesfortreason. TREASON SEDITION
Violationbyasubjectof
Raisingofcommotionsor
Q:Xfurnishedwomentotheenemy.Doestheact hisallegiancetohis
disturbancesinastate
constitutetreason? sovereignorcountry.
Requiresastateofwar
Conflictismerelyinternal
A:Commandeeringofwomentosatisfythelustof withanothercountry.
theenemiesortoenliventheentertainmentheldin
their honor was NOT treason even though the Q:Howistreasondistinguishedfromrebellion?
womenandtheentertainmentshelpedtomakelife
morepleasantfortheenemies.(Peoplev.Perez,83 A:
Phil.) TREASON REBELLION
Thepurposeismerelyto
Thepurposeof
Q:Xisaspyandaninformeroftheenemy.CanX substitutethegovernmentwith
levyingwaristo
beheldliablefortreason? therebelsownformof
helptheenemy.
government
A:Yes,becausesuchactsstrengthentheenemyin
theconductofwar. CONSPIRACYANDPROPOSALTOCOMMIT
TREASON(Art.115)
Q: When common crimes (e.g. murder, robbery,
arson) are committed in the furtherance of the Q:Whataretheelementsofconspiracytocommit
crime of treason, can they be considered crimes treason?
separatefromtreason? A:
1. Intimeofwar
A: No, because there is no complex crime of 2. Two or more persons come to an
treason with murder. The common crimes agreementto:
committed in furtherance of treason are the overt a. Levywaragainstthegovernment,or
acts of aid and comfort and are therefore b. Adheretoenemiesandtogivethem
inseparable from treason itself. Neither are they aidorcomfort
consideredseparateoffenses. 3. Theydecidetocommitit

Q:Istreasonacontinuingoffense? Q: What are the elements of proposal to commit
treason?
A: Yes. It can be committed by a single act or by
seriesofacts.Itcanbecommittedinonesingleor A:
differenttime.Intreason,thereisonlyonecriminal 1. Intimeofwar
intent. A person who commits treason is not 2. A person who has decided to levy war
criminallyresponsibleforasmanycrimesoftreason against the government, or to adhere to
astheovertactsashehasintentionallycommitted the enemies and give them aid and
togiveaidtotheenemy. comfort.
3. Proposes its execution to some other
Note: The offender can still beprosecuted even after personorpersons.
war.
Note: As a general rule, conspiracy and proposal to
Q: What are the circumstances inherent in the commitafelonyisnotpunishable(Art.8).Article115
crimeoftreason? is an exception, as it specifically penalizes conspiracy
andproposaltocommittreason.
A: Treachery, abuse of superior strength and
evidentpremeditationareinherentinthecrimeof Q: Why are conspiracy and proposal to commit
treason,therefore,notaggravating. treasonpunishable?

Q:Doesthecrimeoftreasonadmitstages? A: In treason, the very existence of the State is in
jeopardy.

87

Note:Twowitnessruledoesnotapplybecausethisis A: The phrase does not mean that the offender is
aseparateanddistinctoffensefromthatoftreason. legally speaking, an accessory to the crime of
treason, because he is already a principal in the
Q:Ifactualactsoftreasonarecommittedafterthe crimeofmisprisionoftreason.Itsimplymeansthat
conspiracyoraftertheproposalisaccepted,what the penalty imposed is that of an accessory to the
crimeiscommitted? crimeoftreason.

A: The crime of treason is already consummated Note: Relatives, who as accessories are exempt from
the moment the proposal or conspiracy to commit criminal liability under Art. 20, are punishable under
treason is accepted. The conspiracy or proposal is this article assuming that Art. 20 is applicable,
then considered merely as means in the because:
commissionthereof.
1. Thisarticleisofspecialapplication,whereas
MISPRISIONOFTREASON(Art.116) Art.20ofgeneralapplication
2. Security of State is more paramount than
Q: What are the elements of misprision of mererelationshipand
3. The offender commits the distinct crime of
treason?
misprisionoftreasonwhichisseparateand

distinctfromtreason.
A:

1. Offendermustbeowingallegiancetothe
Q: When the crime of treason is already
governmentofthePhilippines
committed and the accused does not report its
2. Offenderisnotaforeigner
commission to the proper authorities, is he liable
3. He has knowledge of any conspiracy to
formisprisionoftreason?
commit treason against the said

government
A: No, because treason is already committed.

Misprisionoftreasoncontemplatesthefailureofa
Q: X, a Filipino citizen, has knowledge of treason
citizen to report any such conspiracy to commit
committed by someone and does not report its
treason.
commission to the proper authorities. Can he be

heldliableforMisprisionofTreason?
ESPIONAGE(Art.117)

A: No. Art. 116 does not apply when the crime of
Q:Whatisthecrimeofespionage?
treason is already committed. This is so because

Art. 116 speaks of knowledge of any conspiracy
A: Espionage is the offense of gathering,
against the Government of the Philippines, not
transmitting, or losing information respecting the
knowledge of treason actually committed by
national defense with intent, or there is reason to
another.
believethatinformationistobeusedtotheinjury

of the Republic of the Philippines or to the
4. Heconcealsorfailstodiscloseandmake
advantageofanyforeignnation.
known the same as soon as possible to

the: Note: Espionage is not conditioned on citizenship of
a. Governor theoffender.
b. Fiscaloftheprovince
c. Mayor or fiscal of the city in which Q: What are the two modes of committing
heresides. espionage?

Note: Art. 116 is an exception to the rule that mere A:
silencedoesnotmakeapersoncriminallyliable.Itisa
1. First mode: By entering, without
crimeofomission.
authority, a warship, fort or military or

naval establishments or reservation to
Q:Howistheoffenderpunished?
obtain any information, plans or other

dataofconfidentialnaturerelativetothe
A: Offender is punished as a principal in the crime
defenseofthePhilippines.
ofmisprisionoftreason.

2. Second mode: By disclosing to the
Q:Whatdoesthephraseshallbepunishedasan
representative of a foreign nation the
accessorytothecrimeoftreasonmean?
contents of the articles data or

information referred to in par. No. 1 of
88 CRIMINALLAWTEAM:
117 which he had in his possession by EspionageandOtherOffensesagainsttheNational

reasonofthepublicofficeheholds. Security)?

Note: Being a public officer is a requirement in the A:
secondmode,whileitisonlyaggravatinginthefirst. 1. Unlawfulobtainingofinformationrelative
tothedefenseofthePhilippinesortothe
Q: What are the elements of the first mode of advantageofanyforeignnation
committingespionage? 2. Unlawful disclosing of information
relativetothedefenseofthePhilippines
A: 3. Disloyalactsintimeofpeace
1. Thattheoffender(aFilipinooraresident 4. Disloyalactsintimeofwar
agent) enters any of the places 5. Conspiracytoviolateanyofthesaidacts;
mentionedtherein 6. Harboring or concealing violators of the
law
Note: Under the first mode the offender is any 7. Photographing from aircraft of vital
person,whetheracitizenoraforeigner,aprivate militaryinformation
individualorapublicofficer.
Q: What are the distinctions between espionage
2. Thathehasnoauthoritytherefore andtreason?
3. Thathispurposeistoobtaininformation,
plans, photographs or other data relative A:
tothedefenseofthePhilippines. ESPIONAGE TREASON
Maybecommittedboth
Q: What are the elements of the second mode of Committedonlyintime
intimeofpeaceandin
committingespionage? ofwar
timeofwar.
Islimitedintwowaysof
A: committingthecrime:
Maybecommittedin
1. Thattheoffenderisapublicofficer; levyingwarandadhering
manyways.
2. That he has in possession the articles, totheenemygivinghim
dataorinformationreferredinparagraph aidandcomfort.
1 of Art. 117, by reason of the public Botharecrimesnotconditionedbythecitizenshipof
officeheholds; theoffender.
3. That he discloses their contents to a
representativeofaforeignnation. INCITINGTOWARORGIVINGMOTIVESFOR
REPRISAL(Art.118)
Q:Underthefirstmodeofcommittingespionage,
is it necessary that the offender succeeds in Q:Whataretheelementsofthiscrime?
obtainingtheinformation?
A:
A: No. It suffices that the offender entered the 1. Offender performs unlawful or
placesmentionedwithoutauthorityforthepurpose unauthorizedacts
of obtaining information relevant to national 2. Such acts provoke or give occasion for a
security. war involving or liable to involve the
Philippines or expose the Filipino citizens
Q:Iswiretappingaformofespionage? toreprisalsontheirpersonsandproperty

A: It depends on the purpose of the information Q:Whatisreprisal?
obtained.Ifthepurposehasnothingtodowiththe
countrys defense or national security, wiretapping A: It is any kind of forcible or coercive measure
isnotespionage. whereby one State seeks to exercise a deterrent
effect or to obtain redress or satisfaction, directly
Q:Isitnecessarythatthecountryisatwarforthe orindirectly,forconsequencesoftheillegalactsof
crimeofespionagetobecommitted? another State which has refused to make amends
forsuchillegalconduct.
A: No, espionage can be committed in times of
peaceorwar. Note:Reprisalisresortedtoforthepurposeofsettling
a dispute or redressing a grievance without going to
Q:Whataretheactsofespionagepunishedunder war.
Commonwealth Act 616 (An Act to Punish
89

Intentionoftheoffenderisimmaterial. A:
1. There is war in which the Philippines is
Itiscommittedintimeofpeace. involved

In inciting to war, the offender is any person. If the 2. Offendermakescorrespondencewiththe
offenderisapublicofficer,thepenaltyishigher. enemy country or territory occupied by
enemytroops
Q:Whatistheextentofreprisals?
3. Correspondenceiseither
A: Reprisals are not limited to military action. It a. ProhibitedbytheGovernment
couldbeeconomicreprisalsor denialofentryinto b. Carriedoninciphersorconventional
their country. E.g. X burns a Singaporean flag. If signs
Singapore bans the entry of Filipinos, that is c. Containing notice or information
reprisal. whichmightbe usefultotheenemy
or intended by the offender to aid
VIOLATIONOFNEUTRALITY theenemy
(Art.119)
Q:Whatiscorrespondence?
Q:Whataretheelementsofthiscrime?
A:Itiscommunicationbymeansoflettersoritmay
A: refertotheletterswhichpassbetweenthosewho
1. There is a war in which the Philippines is havefriendlyorbusinessrelations.
notinvolved
Q: What does correspondence to hostile country
2. A regulation is issued by a competent contemplate?
authoritytoenforceneutrality
A: It contemplates correspondence to officials of
3. Offenderviolatessuchregulation. the enemy country, not correspondence with
privateindividualsintheenemycountry.
Note:Committedonlyintimesofwarandneutralityof
thePhilippinesisviolated
Note: Even if the correspondence contains innocent
matters, if the correspondence is prohibited by the
Q:Whatisneutrality? government,itispunishablebecauseofthepossibility
that the information useful to the enemy might be
A:Neutralityisaconditionofanationthat,intimes revealedunwittingly.
of war, takes no part in the dispute but continues
peacefuldealingswiththebelligerents. Q:Whatareciphers?

Note:Itisastatuscreatedunderinternationallaw,by A:Secretmessageorcode.
meansofastandonthepartofaStatenottosidewith
anyofthepartiesatwar. Note: If ciphers were used, there is no need for
prohibition by the Government to consummate the
Q:Whohastheauthoritytoissuearegulationfor crime. If ciphers were not used, there is need for
theenforcementofneutrality? prohibition.

A: The regulation must be issued by competent Q: What are the circumstances qualifying the
authoritylikethePresidentofthePhilippinesorthe crime of correspondence to hostile country?
Chief of Staff of the Armed Forces of the
Philippines, during a war between different A:Thatthe:
countries in which the Philippines is not taking 1. Notice or information might be useful to
sides. theenemy
2. Offenderintendedtoaidtheenemy.
CORRESPONDENCEWITHHOSTILECOUNTRY
(Art.120) Note:Bothmustconcur.

Q:Whataretheelementsofthiscrime? Q: X, with intent to aid the enemy, gave the latter
noticeandinformation.IsheliableunderArt.120?

90 CRIMINALLAWTEAM:
A: If the offender intended to aid the enemy by belongings of its complements or

giving such notice or information, the crime passengers.
amountstotreason.(Reyes2008p.31)
Q:Whataretheelementsofpiracy?
FLIGHTTOENEMYSCOUNTRY
(Art.121) A:
1. Vessel is on high seas or in Philippine
Q:Whataretheelementsofthiscrime? waters
2. Offenders are not members of its
A: complementorpassengersofthevessel,
1. Existence of war in which the Philippines 3. Offenders
isinvolved a. Attackthatvessel,or
2. Offender owes allegiance to the b. Seizethewholeorpartofthe cargo
Philippines of said vessel, its equipment or
3. Offender attempts to flee or go to the personal belongings of its
enemycountry complementorpassengers.
4. Going to enemy country is prohibited by
competentauthority Q:Whatisthemeaningofhighseas?

Q:WhocanbeheldliableunderArt.121? A: High seas mean any waters on the sea coast
whicharewithouttheboundariesofthelowwater
A:TheoffendermaybeFilipinocitizensorresident mark although such waters may be in the
aliens because Art. 121 contemplates both jurisdictional limits of a foreign government, parts
permanent and temporary allegiance. An alien of the sea that are not included in the exclusive
resident may be held guilty for this crime because zone,intheterritorialseas,orintheinternalwaters
heowesallegiancetothePhilippines. of a state, or in the archipelagic waters of an
archipelagicstate.(UNCLOS)
Note: Mere attempt to flee to enemy country when
prohibitedbycompetentconsummatesthefelony. Q: Under the law, what does Philippine seas
referto?
There must be prohibition by competent authority. If
thereisnone,evenifonewenttoanenemycountry, A:Philippineseasshallrefertoallbodiesofwater,
thereisnocrime. such as but not limited to seas, gulf, bays around,
betweenandconnectingeachoftheislandsofthe
PIRACYINGENERALANDMUTINYONTHEHIGH Philippine archipelago irrespective of its depth,
SEAS(Art.122) breadth, length or dimension and all waters
belongingtothePhilippinesbyhistoricorlegaltitle,
Q:Whatispiracy? including territorial sea, the seabed, insular
shelves,andothersubmarineareasoverwhichthe
A:Piracyisrobberyordepredationinthehighseas, Philippineshassovereigntyandjurisdiction.(Sec.2,
without lawful authority and done with animo P.D.532)
furandi (with intent to steal) and in the spirit and
intentionofuniversalhostility. Q:WhatarethekindsofpiracyunderArt.122,as
amendedbyR.A.7659?
Q: In general, what is the nature of the crime of
piracy? A: Piracy in high seas and piracy in Philippine
waters.
A:Piracyisacrimeagainstallmankind.Piratesare
inlaw,hostishumanigeneris. Q: Which court has jurisdiction over piracy
committedinthehighseas?
Q:Whatarethemodesofcommittingpiracy?
A: Jurisdiction is with any court where offenders
A: are found or arrested. The jurisdiction of piracy,
1. Firstmode:Byattackingorseizingavessel unlikeallothercrimes,hasnoterritoriallimit.
on the high seas or in Philippine waters;
or Q: Which court has jurisdiction over piracy
2. Secondmode:Byseizingthewholeorpart committedinPhilippinewaters?
of the cargo or equipment of the vessel
while on the high seas or the personal
91

A:JurisdictionisvestedwithPhilippinecourts.
2. Abandonment of the victims without any
Q: If piracy was committed outside the Philippine meansofsavingthemselves
waters, will the Philippine courts have jurisdiction 3. When the crime is accompanied by
overtheoffense? murder, homicide, physical injuries or
rape.
A: Yes, for piracy falls under Title I Book 2 of the
Revised Penal Code. As such, it is an exception to Note: Qualified piracy has been categorized as a
the rule on territoriality in criminal law. The same heinouscrime.
principle applies even if the offenders were
charged, not with a violation of qualified piracy Q:Isthereacrimeofqualifiedmutiny?
under the Code but under a special law, P.D. 532
whichpenalizespiracyinPhilippinewaters.(People A:Yes,althoughArt.123merelyreferstoqualified
v.Catantan,278SCRA761[1997]) piracy, there is also a crime of qualified mutiny.
Mutiny is qualified under the following
Q:Howispiracydistinguishedfromrobberyonthe circumstances:
highseas?
1. When the offenders abandoned the
A: victims without means of saving
PIRACY ROBBERYONTHEHIGHSEAS themselves;
Theoffenderisamemberofthe 2. When mutiny is accompanied by rape,
Theoffenderis murder,homicideorphysicalinjuries.
complementorapassengerofthe
anoutsider.
vessel.
Note: The first circumstance which qualifies piracy
Q:Whatismutiny? does not applyto mutiny that isseizure of the vessel
byboardingorfiringuponthesame.
A:Itistheunlawfulresistancetoasuperiorofficer
or the raising of commotions and disturbances on Q:Whenpiracyiscommittedandaccompaniedby
board a ship against the authority of its murder, homicide, physical injuries and rape, can
commander. thesecrimesbecomplexedwithpiracy?

Q:Distinguishpiracyfrommutiny. A: When any of these crimes accompany piracy,
there is no complex crime. Instead, there is only
A: one crime committed qualified piracy. Murder,
PIRACY MUTINY rape, homicide, physical injuries are mere
Offendersarestrangers circumstances qualifying piracy and cannot be
tothevessel.Hence, Offendersaremembersof punished as separate crimes, nor can they be
offendersareneither thecomplementorthe complexedwithpiracy.
passengersnorcrew passengersofthevessel.
members. Note:Qualifiedpiracyisconsideredaspecialcomplex
Intenttogainisimmaterial. crime. It is punishable by reclusion perpetua to death
regardlessofthenumberofvictims.
Theoffendersmayonly
Intenttogainisan
intendtoignoretheships Offenders are not liable for the separate crimes of
elementofpiracy.
officerortheymaybe murder,homicide,physicalinjuriesorrape.
promptedbyadesireto
commitplunder. A.AntiPiracyandAntiHighwayRobbery
Attackfromthe (P.D.532)
Attackfromtheinside.
outside.
1.Definitionofterms
QUALIFIEDPIRACY
(Art.123) Q:WhatconstitutesPhilippinewaters?

Q: What are the special qualifying circumstances A: Philippine Waters shall refer to all bodies of
underArt.123? water, such as but not limited to seas, gulfs, bays
around, between and connecting each of the
A: IslandsofthePhilippineArchipelago,irrespectiveof
1. Seizureofthevesselbyboardingorfiring its depth, breadth, length or dimension, and all
uponthesame otherwatersbelongingtothePhilippinesbyhistoric
92 CRIMINALLAWTEAM:
or legal title, including territorial sea, seabed, the Mutiny may be committed in Philippine waters or in
insular shelves, and other submarine areas over thehighseasbymembersofthecreworpassenger.
which the Philippines has sovereignty or
jurisdiction. Q:Whataretheelements?

Q:Whatisavessel? A:
1. A person knowingly aids or protects
A: It is vessel or watercraft used for transport of pirates,
passengers and cargo from one place to another 2. Acquires or receives property taken by
through Philippine waters. It shall include all kinds suchpirates,orinanymannerderivesany
andtypesofvesselsorboatsusedinfishing. benefittherefrom,
3. Directly and indirectly abets the
Q:WhatconstitutesPhilippinehighway? commissionofthepiracy.

A:PhilippineHighwayshallrefertoanyroad,street, Q: What is the distinction between Art. 122 and
passage,highwayandbridgesorotherpartsthereof P.D. 532, with respect to piracy committed in
orrailwayorrailroadwithinthePhilippinesusedby Philippinewaters?
personsorvehiclesorlocomotivesortrainsforthe
movement or circulation of persons or A:
transportation of goods, articles or property or ART.122 P.D.532
both. Art.122limitsthe Noqualificationastothe
offenderstonon criminal,hence,offender
Q:Whatispiracy? passengersornon maybeacrew,a
membersofthecrew. passengerorastranger.
A:Piracyisanyattackuponorseizureofanyvessel
or the taking away of the whole or part thereof or B.AntiHijackingLaw(PD6235)
its cargo, equipment or the personal belongings of
its complement or passengers, irrespective of the Q:WhatarethepunishableactsunderPD6235?
value thereof, by means of violence against or
intimidation of persons or force upon things A:
committed by any person including a passenger or 1. Usurping or seizing control of an aircraft
member of the complement of said vessel, in of Philippine registry while it is in flight,
Philippinewaters,shallbeconsideredaspiracy.The compelling the pilots thereof to change
offenders shall be considered as pirates and thecourseordestinationoftheaircraft;
punishedashereinafterprovided.
2. Usurping or seizing control of an aircraft
Q:Whatishighwayrobberyorbrigandage? offoreignregistrywhilewithin Philippine
territory,compellingthepilotsthereofto
A: Highway Robbery/Brigandage is the seizure of landinanypartofthePhilippineterritory;
anypersonforransom,extortionorotherunlawful
purposes or the taking away of the property of 3. Carrying or loading on board an aircraft
another by means of violence against or operating as a public utility passenger
intimidation of persons or force upon things or aircraftinthePhilippines,anyflammable,
otherunlawfulmeans,committedbyanypersonon corrosive, explosive, or poisonous
anyPhilippineHighway. substances;

2.Punishableacts 4. Loading, shipping or transporting on
board a cargo aircraft operating as a
Q:WhatisthepunishableactunderP.D.532? public utility in the Philippines, any
flammable, corrosive, explosive, or
A:Itpunishestheactofaidingorabettingpiracy. poisonous substance if this was done in
accordancewiththerulesandregulations
Note:Underthepresentlaw(Article122asamended set and promulgated by the Air
byR.A.7659andP.D.532)piracymaybecommittedin TransportationOfficeonthismatter;
thePhilippinewatersorinthehighseasbyanyperson
(outsider,passenger,ormemberofthecomplementof Note:Aggravatingcircumstancestonos.1and2:
the vessel) (People v. Roger Tulin, G. R. No. 111709, a. When the offenderhas firedupon the
Aug.30,2001). pilot, member of the crew, or
passengeroftheaircraft;
93

b. When the offender has exploded or Q: What distinguishes crimes against the law of
attempted to explode any bomb or nationsfromcrimesagainstnationalsecurity?
explosivetodestroytheaircraft;
c. Wheneverthecrimeisaccompaniedby A:
murder, homicide, serious physical CRIMESAGAINSTTHE CRIMESAGAINST
injuriesorrape; LAWOFNATIONS NATIONALSECURITY
Can be tried only in the
Q: What are the necessary requisites before the Philippines.
AntiHijackingLaworR.A.6235mayapply? Can be prosecuted
The acts against national
anywhere in the world
security may be committed
A:TheaircraftmustbeofPhilippineregistryandit because these crimes
abroad and still be
are considered crimes
mustbeinflight. punishable under our law,
againsthumanity.
butitcannotbetriedunder
Q:Whenisanaircraftconsideredinflight? foreignlaw.

A: An aircraft is considered in flight from the C.HumanSecurityActof2007(R.A.9372)
momentallexteriordoorsareclosedfollowingthe
embarkation until such time when the same doors Q:Whatarethepunishableactsofterrorism?
areagainopenedfordisembarkation.
A: Any person who commits an act punishable
Note: This means that there are passengers that underanyofthefollowingprovisionsofthe:
boarded.Theaircraftshallbedeemedtobealreadyin 1. RPC
flightevenifitsenginehasnotyetbeenstarted. a. Piracy in General and Mutiny in the
HighSeasorinthePhilippineWaters
Q: If the aircraft is of Philippine registry but it is (Art.122)
not in flight and any of the four circumstances b. RebellionorInsurrection(Art.134)
mentioned under R.A. 6235 is committed, what c. Coup d'etat, including acts
lawapplies? committed by private person
(Art.134a)
A: The AntiHijacking Law will not apply and the d. Murder(Art.248)
actswillbepunishedaccordinglyundertheRPCor e. Kidnapping and Serious Illegal
the applicable special penal laws. The correlative Detention(Art.267)
crimemaybeoneofgravecoercionorgravethreat. f. Crimes Involving Destruction
If somebody is killed, the crime is homicide or (Art.324)
murder,asthecasemaybe.
2. SpecialPenalLaws:
Q:Iftheaircraftisofforeignregistry,isitrequired a. TheLawonArson(P.D.1613)
thatitisinflightbeforeR.A.6235applies? b. Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990
A: No, because aircrafts of foreign registry are (R.A.6969)
considered in transit while they are in foreign c. Atomic Energy Regulatory and
countries. LiabilityActof1968(R.A.5207)
d. AntiHijackingLaw(R.A.6235)
Q:Istherehijackingintheattemptedstage? e. AntiPiracy and AntiHighway
RobberyLawof1974(P.D.532)and
A: No. R.A. 6235 is a special law where the f. Decree Codifying the Laws on Illegal
attemptedstageisnotpunishable. and Unlawful Possession,
Manufacture, Dealing In, Acquisition
Q: In the course of the hijacking, a passenger or or Disposition of Firearms,
complement was shot and killed. What crime or Ammunitions or Explosives (P.D.
crimeswerecommitted? 1866asamended)

A:ThecrimeremainstobeaviolationoftheAnti Note:Theactsunderspeciallawsmust:
Hijacking law, but the penalty thereof shall be i. Sow and create a condition of widespread
higher because a passenger or complement of the andextraordinaryfearandpanicamongthe
aircraft had been killed. The crime of homicide or populace;
murderperseisnotpunished. ii. Coerce the government to give in to an
unlawfuldemand.(Sec.3)

94 CRIMINALLAWTEAM:
3. Persons who conspire to commit the crime of

terrorism.

Q:Whoarethepersonsliableunderthisact?

A:
1. Principal Any person who commits any
oftheactsunderSection3and4.

2. Accompliceanypersonwhonotbeinga
principalunderArticle17oftheRPCora
conspirator as defined under Section 4
hereof, cooperates in the execution of
either the crime of terrorism or
conspiracy to commit terrorism by
previousorsimultaneousacts.

3. Accessory any person who having
knowledge of the commission of the
crime of terrorism or conspiracy to
commit terrorism and without having
participatedthereineitherasprincipalor
accomplice under Articles 17 and 18 of
the RPC, takes part subsequent to its
commission in any of the following
manner:
a. By profiting himself or assisting
the offender to profit by the
effectsofthecrime,
b. By concealing or destroying the
bodyofthecrimeortheeffects
orinstrumentsthereofinorder
topreventitsdiscovery,
c. By harboring, concealing, or
assisting in the escape of the
principal or conspirator of the
crime.

XPN: Spouses, ascendants, descendants,
legitimate, natural and adopted brothers
and sisters or relatives by affinity within
thesamedegree.

XPNtotheXPN:thosefallingunder(a).

95

II.CRIMESAGAINSTTHEFUNDAMENTALLAWSOF 1. Whenhehasnotcommittedanycrimeor,
THESTATE(124133) atleast,thereisnoreasonablegroundfor
suspicionthathehascommittedacrime.
ARBITRARYDETENTIONOREXPULSION,
VIOLATIONOFDWELLING XPN: A valid warrantless arrest (Sec.5,
PROHIBITION,INTERRUPTION,ANDDISSOLUTION Rule113,RevisedRulesofCourt).
OFPEACEFULMEETINGANDCRIMES
AGAINSTRELIGIOUSWORSHIP(Arts.124133) 2. When he is not suffering from violent
insanity or any other ailment requiring
Note: All offenses in this Title are required to be compulsoryconfinementinahospital.
committed by public officers, except offending the
religiousfeelings. Q:Isitnecessarythatthepublicofficerbeapolice
officer for him to be held liable for arbitrary
Q:Whataretheclassesofarbitrarydetention? detention?

A: A: No. It is important, however, that the public
1. Detainingapersonwithoutlegalground officermustbevestedwiththeauthoritytodetain
2. Delayinthedeliveryofdetainedpersons or order the detention of persons accused of a
totheproperauthorities crime such as policemen and other agents of law,
3. Delayingrelease judgesormayors.

ARBITRARYDETENTION Note: In arbitrary detention, the offender is a public
(Art.124) officerwhosefunctionshavesomethingtodowiththe
protectionoflifeand/orpropertyandmaintenanceof
Q:Whataretheelementsofthecrimeofarbitrary peaceandorder.Thus,iftheone,whoarrestsanother
detention? withoutlegalground,iswithoutauthoritytodoso,like
a clerk in the Office of the Central Bank Governor,
A: arbitrarydetentionisnottheproperchargebutillegal
1. Offenderisapublicofficeroremployee detention.
2. Hedetainsaperson
3. Detentioniswithoutlegalgrounds. Q: Can a barangay chairman be guilty of this
crime?
Q:Whenisapersonconsideredindetention?
A:Yes.Hehasauthority,inordertomaintainpeace
A: A person is detained when he is placed in and order, to cause the arrest and detention of a
confinementorthereisrestraintonhisperson. person.(Boado,2008)

Q: Can there be arbitrary detention even if the Q: Can private individuals be held liable for
victimswerenotkeptinanenclosure? arbitrarydetention?

A: Yes. The prevailing jurisprudence on kidnapping A:Yes,iftheyconspiredwithsuchpublicofficers.
and illegal detention is that the curtailment of the
victims liberty need not involve any physical Q:Whatarethelegalgroundsforthedetentionof
restraint upon the victims person. If the acts and persons without which a public officer may be
actuationsoftheaccusedcanproducesuchfearin heldliable?
the mind of the victim sufficient to paralyze the
latter,totheextentthatthevictimiscompelledto A:
limithisownactionsandmovementsinaccordance GR:
with the wishes of the accused, then the victim is, 1. Commissionofacrime
for all intent and purposes, detained against his 2. Violentinsanityorotherailmentrequiring
will. (Benito Astorga v. People, G.R. No. 154130, compulsoryconfinementofthepatientin
Oct.1,2003) ahospital
3. When the person to be arrested is an
Q: When is detention said to be without legal escapingprisoner
grounds?
XPN: When the peace officers acted in good
A: The detention of a person is without legal faithevenifthe3groundsmentionedaboveare
ground: notobtaining,thereisnoarbitrarydetention.

96 CRIMINALLAWTEAM:
BOOK 2: Crimes Against Fundamental Laws of The State
Illustration: A:
ARBITRARYDETENTION ILLEGALDETENTION
2 BIR secret agents, strangers in the municipality Theprincipaloffender Theprincipaloffenderisa
whowerespyingtheneighborhoodofthemarket mustbeapublicofficer. privateperson.
place and acting generally in a manner calculated Theoffenderwhoisa Theoffender,evenifheis
toarousethesuspicionofanyonenotadvisedas publicofficerhasaduty apublicofficer,doesnot
to their duty, were arrested by policemen of the whichcarrieswithitthe includeashisfunction
town. The Supreme Court held that the police authoritytodetaina thepowertoarrestand
officers acted in good faith and cannot be held person. detainaperson.
liableforarbitrarydetention.(U.Sv.Batalliones,23
Phil.46) Q:Ifthepublicofficerwhoeffectedthearresthas
no such authority to detain a person, what crime
Q:Mayarbitrarydetentionbecommittedthrough canhebemadeliablefor?
simplenegligence?
A: If the offender does not have the authority to
A:Yes,aswhenaprisonerwasreleasedbyajudge detain a person or to make such arrest, the crime
but the police officer believing that the order is committed by him is illegal detention. A public
illegal,rearrestedtheprisonerandputhimbackin officerwhoisactingoutsidethescopeofhisofficial
jail. dutiesisnobetterthanaprivatecitizen.

Note: In arbitrary detention, thelawdoes not fixany
Q: What are the distinctions between arbitrary
minimumperiodofdetention.
detentionandunlawfularrest?

Thepenaltyforarbitrarydetentiondependsuponthe
period involved. A greater penalty is imposed if the A:
periodislonger. ARBITRARY
UNLAWFULARREST
DETENTION
Q: Can arbitrary detention be committed thru Theoffenderisa
publicofficer
imprudence? Theoffendermaybeany
possessedwith
person.
authoritytomake
A: The crime of arbitrary detention can be arrests.
committedthroughimprudence. Thepurposeistoaccusethe
Thepurposefor offendedpartyofacrimehedid
Illustration: detainingthe notcommit,todeliverthe
offendedpartyis persontotheproperauthority,
Apoliceofficerrearrestsawomanwhohadbeen todenyhimofhis andtofilethenecessarycharges
released by means of verbal order of the judge. liberty. inawaytryingtoincriminate
Thepoliceofficeractedwithoutmalice,butdidnot him.
verify the order of release before proceeding to

make the rearrest. He is liable for arbitrary
Note: The crime of unlawful arrest is, however,
detentionthroughsimpleimprudence.
absorbedinthecrimeofarbitrarydetention.

Q:Whataretheformsofillegaldetention?
Q: X, a police officer, falsely imputes a crime
againstAtobeabletoarresthimbutheappears
A:
tobenotdeterminedtofileachargeagainsthim.
1. Detainingapersonwithoutlegalgrounds
Whatcrime,ifany,didXcommit?
2. A legal ground exists but the arrest was

made without a warrant, and the public
A: The crime is arbitrary detention through
officer does not deliver the arrested
unlawfularrest.(Boado,2008)
person to the proper judicial authority

within the period of 12, 18, or 36 hours,
Q:SupposeXplantedevidencetoeffectthearrest,
asthecasemaybe
whatcrime,ifany,iscommitted?
3. Delaying release by competent authority

with the same period mentioned in
A: It is arbitrary detention through incriminating
number2.
innocentpersons.
Q: What are the distinctions between arbitrary

detentionandillegaldetention?
97

DELAYINTHEDELIVERYOFDETAINEDPERSONS does not mean physical delivery or turnover of
TOTHEPROPERJUDICIALAUTHORITY arrestedpersontothecourt.
(Art.125)
Q:Whatismeantbyproperjudicialauthorities?
A:Itreferstothecourtsofjusticeorjudgesofsaid
A: courts vested with judicial power to order the
1. Offenderisapublicofficeroremployee temporary detention or confinement of a person
2. He has detained a person for some legal chargedwithhavingcommittedapublicoffense.
ground
3. He fails to deliver such person to the Q:Ifapersonisarrestedpursuanttoawarrantof
properjudicialauthoritieswithin: arrest, within what period should a police officer
a. 12 hours for crimes/offenses turn over the arrested person to the judicial
punishablebylightpenaltiesortheir authority?
equivalent;
b. 18 hours for crimes/offenses A: There is no time limit specified except that the
punishable by correctional penalties returnmustbemadewithinareasonabletime.The
ortheirequivalent; period fixed by law under Art. 125 does not apply
c. 36 hours for crimes/offenses because the arrest was made by virtue of warrant
punishable by afflictive penalties or ofarrest.
theirequivalent.
Q: Should the person arrested without a warrant
Q: What are the circumstances considered in opttoavailhisrighttoapreliminaryinvestigation,
determining liability of officer detaining a person whatmustheexecute?
beyondlegalperiod?
A: Under the Revised Rules of Court, he should
A: waiveinwritinghisrightsunderArt.125.
1. Themeansofcommunication
2. Thehourofarrest Note: Waiver must be under oath and with the
3. Other circumstances such as the time of assistanceofcounsel
surrender and material possibility of the
fiscaltomaketheinvestigationandfilein Q:Whatisthelengthofwaiver?
timethenecessaryinformation.
A:
Q:WhatsituationsarecontemplatedbyArt.125? 1. Lightoffense5days
2. Serious and less serious offenses 7 to 10
A: Art. 125 contemplates a situation where arrest days
wasmadewithoutawarrantbutthereexistsalegal
ground for the arrest. It does not apply when the Q: What if the person arrested does not want to
arrest is on the strength of a warrant of arrest, waivehisrightsunderArt.125?
becauseinthelattercase,apersonarrestedcanbe
detainedindefinitelyuntilhiscaseisdecidedbythe A:ThearrestingofficerwillhavetocomplywithArt.
courtorhepostsbailforhistemporaryrelease. 125andfilethecaseimmediatelyincourtwithout
preliminaryinvestigation.
Q: Under Art. 125, when does the detention
becomesarbitrary? Note:Thefilingoftheinformationincourtbeyondthe
specified period does not cure illegality of detention
A: The detention becomes arbitrary when the hencedetainingofficerisstillliableforunderArt.125.
period thereof exceeds 12, 18 or 36 hours as the Neither does it affect the legality of the confinement
case may be, depending on whether the crime is underprocessissuedbythecourt.
punished by light, correctional or afflictive penalty
ortheirequivalent. Q: What is the difference between delay in the
delivery of detained persons (Art. 125) and
Q:Whatismeantbydelivery? arbitrarydetention(Art.124)?

A: Delivery means the filing of correct information A:
DELAYINTHEDELIVERYOF ARBITRARY
orcomplaintwiththeproperjudicialauthorities.It
DETAINEDPERSONS DETENTION
Thedetentionislegalatthe Thedetentionis
98 CRIMINALLAWTEAM:
outsetbutbecomesarbitrary illegalatthevery 2. Compelling a person to change his

whenthedetentionexceeds inceptionbecause residence.
anyoftheperiodsoftime oftheabsenceof
specifiedinArt.125,without lawfulcausefor XPN: In cases of ejectment, expropriation or
thepersondetainedhaving sucharrest. whenpenaltyimposedisdestierro.
beenchargedbeforethe
properjudicialauthority. Q:Whataretheelementsofexpulsion?

DELAYINGRELEASE A:
(Art.126) 1. Offenderisapublicofficeroremployee
2. Heeither:
Q:Whatarethepunishableacts? a. Expels any person from the
Philippines
A: b. Compels a person to change
1. Delaying the performance of judicial or residence
executive order for the release of a 3. Offenderisnotauthorizedtodosobylaw
prisoner
Q:Whatistheessenceofthecrimeofexpulsion?
2. Unduly delaying the service of the notice
ofsuchordertosaidprisoner A: The essence of this crime is coercion but it is
specificallytermedexpulsionwhencommittedbya
3. Unduly delaying the proceedings upon publicofficer.
any petition for the liberation of such
person. Q: If any of the punishable acts under Art. 127 is
committedbyaprivateperson,whatcrimecanhe
Q:Whataretheelementsofdelayingrelease? bemaderesponsiblefor?

A: A:Gravecoercion
1. Offenderisapublicofficeroremployee
Q:X,themayorofCityofManilawantedtomake
2. Thereisajudicialexecutiveorderforthe thecityfreefromprostitution.Heorderedcertain
release of the prisoner or detention prostitutes to be transferred to Davao, without
prisoner, or that there is a proceeding observing due process. What is the crime
uponapetitionfortheliberationofsuch committedbyX?
person
A: Expulsion. (Villaviciencio v. Lucban, G.R No. L
3. Offenderwithoutgoodreasondelays: 14639,Mar.25,1919)
a. Serviceofnoticeofsuchordertothe
prisoner,or Q: What is the crime committed if aliens are
b. Performance of such judicial or deported without an order from the President or
executiveorderforthereleaseofthe theCommissionerofImmigrationandDeportation
prisoner,or afterdueproceedings?
c. Proceedings upon a petition for the
releaseofsuchperson. A:Expulsion.

Note: The prisoners could be prisoners by final Note:Onlythecourtsbyafinaljudgmentcanordera
judgmentordetentionprisoners. persontochangehisresidence.

Wardens and jailers are the officers most likely to Pursuant to Sec. 69 of the Revised Administrative
violatethisprovision. Code, only the President of the Philippines is vested
withauthoritytodeportaliens.
EXPULSION
(Art.127) Q:WhatcrimeiscommittedwhenaFilipinowho,
after voluntarily leaving the country, is illegally
Q:Whatarethepunishableacts? refusedreentrybyapublicofficer?

A: A: Expulsion, because it is considered a victim of
GR: beingforcedtochangehisaddress.
1. ExpellingapersonfromthePhilippines
99

VIOLATIONOFDOMICILE Q:Ifapublicofficersearchesapersonoutsidehis
(Art.128) dwelling, not armed with a search warrant or a
warrant of arrest, are the provisions of Art. 128
Q:Whatarethemodesofcommittingthiscrime? applicable?

A: A: No, because the papers and other effects
1. First mode: Entering any dwelling against mentioned in Art. 128 must be found in dwelling.
thewilloftheownerthereof The crime committed is grave coercion, if violence
and intimidation are used (Art. 286), or unjust
Note: In the first mode, lack of consent vexation,ifthereisnoviolenceorintimidation(Art.
would not suffice as the law requires that 287).
the offenders entry must be over the
ownersobjection,expressorimplied. Q: Are the provisions under Art. 128 applicable if
theoccupantofthepremisesisnottheowner?
2. Second mode: Searching papers or other
effects found therein without the A: Yes, it would be sufficient if the inhabitant is
previousconsentofsuchowner lawfuloccupantusingthepremisesashisdwelling,
althoughheisnotthepropertyowner.
Note: In the second mode, mere lack of
consentissufficient. Q: What are the qualifying circumstances under
Art.128?
3. Third mode: Refusing to leave the
premises after having surreptitiously A:
entered said dwelling and after having 1. Ifcommittedatnighttime
beenrequiredtoleavethesame
2. If any papers or effects not constituting
Note:Inthethirdmode,whatispunishedis evidence of a crime are not returned
the refusal to leave, the entry having been
immediately after the search is made by
madesurreptitiously.
theoffender.

Q:Whatarethecommonelements?
Q: What is the meaning of against the will of the

owner?
A:

1. Offenderispublicofficeroremployee;
A: It presupposes opposition or prohibition by the

owner,whetherexpressorimplied,andnotmerely
2. He is not authorized by judicial order to
theabsenceofconsent.
enter the dwelling and/or to make a

searchforpapersandforothereffects.
Note: If the surreptitious entry had been made

throughanopeningnotintendedtothatpurpose,the
Q: How is the crime of violation of domicile offenderwouldbeliableunderthefirstmodesinceit
committed? isentryovertheimpliedobjectionoftheinhabitant.

A: Violation of domicile is committed by a public WARRANTSMALICIOUSLYOBTAINEDANDABUSE
officerauthorizedtoimplementasearchwarrantor INTHESERVICEOFTHOSELEGALLYOBTAINED
warrant of arrest but at the time of incident, he is (Art.129)
notarmedwithwarrant.
Q:Whatarethepunishableacts?
Q: Suppose the public officer is not authorized to
execute search warrants and warrants of arrests, A:
whatcrimecanhebeliablefor? 1. Procuring a search warrant without just
cause.
A:Qualifiedtrespasstodwelling(Art.280,RPC).
Elements:
Q:SupposethepunishableactsunderArt.128are a. That the offender is a public officer
committedbyaprivateperson,whatcrimedidhe oremployee
commit? b. Thatheprocuresasearchwarrant
c. Thatthereisnojustcause
A:Trespasstodwelling.

100

CRIMINALLAWTEAM:
2. Exceeding his authority or by using SEARCHINGDOMICILEWITHOUTWITNESSES

unnecessary severity in executing a (Art.130)
searchwarrantlegallyprocured
Elements:
a. That the offender is a public officer A:
oremployee 1. Offenderisapublicofficeroremployee
b. Thathehaslegallyprocuredasearch
warrant 2. He is armed with search warrant legally
c. Thatheexceedshisauthorityoruses procured
unnecessary severity in executing
thesame 3. Hesearchesthedomicile,papersorother
belongingsofanyperson
Q:Whatisasearchwarrant?
4. Owner or any member of his family, or
A:Itisanorderinwriting,issuedinthenameofthe two witnesses residing in the same
People of the Philippines, signed by a judge and localityarenotpresent.
directed to a peace officer, commanding him to
searchforpersonalpropertydescribedthereinand Note: In crimes under Art. 129 and 130, the
bringitbeforethecourt. search is made by virtue of a valid warrant, but
thewarrant notwithstanding,the liability forthe
Note:Asearchwarrantshallbevalidfortendaysfrom crime is still incurred through the following
itsdate. situations:

Q:Whatistherequisitefortheissuanceofsearch 1. Searchwarrantwasirregularlyobtained
warrant? 2. Theofficerexceededhisauthorityunderthe
warrant
3. When the public officer employs
A: A search warrant shall not issue except upon
unnecessary or excessive severity in the
probable cause in connection with one specific
implementationofthesearchwarrant
offense to be determined personally by the judge 4. Owner of dwelling or any member of the
afterexaminationunderoathoraffirmationofthe familywasabsent,ortwowitnessesresiding
complainant and the witnesses he may produce, within the same locality were not present
andparticularlydescribingtheplacetobesearched duringthesearch
andthethingstobeseizedwhichmaybeanywhere
inthePhilippines.(Sec.4,Rule126,RevisedRulesof Q: What is the order of those who must witness
CriminalProcedure) thesearch?

Q:Whatisthetestforlackofjustcause? A:
1. Homeowner
A: Whether the affidavit filed in support of the 2. Members of the family of sufficient age
application for search warrant has been drawn in anddiscretion
such a manner that perjury could be charged 3. Responsible members of the community
thereon and affiant be held liable for damages
caused. Q: Suppose, X, a suspected pusher lives in a
condominiumunit.AgentsofthePDEAobtaineda
Q: What is the effect if the search warrant is search warrant but the name of person in the
securedthroughafalseaffidavit? search warrant did not tally with the address
indicatedtherein.Eventually,Xwasfoundbutina
A: The crime punished by this article cannot be different address. X resisted but the agents
complexed but will be a separate crime from insisted on the search. Drugs were found and
perjury, since the penalty herein provided shall be seizedandXwasprosecutedandconvictedbythe
inadditiontothepenaltyofperjury. trialcourt.Isthesearchvalid?

Q: When is a search warrant considered illegally A: No, because the public officers are required to
obtained? follow the search warrant by the latter. They have
nodiscretiononthematter.
A:Whenasearchwarrantwasprocuredwithouta
probablecause. Q:CompareArt.128withArts.129and130.
101

If the offender is a private individual, the crime is
A: disturbanceofpublicorderunderArt.153.
ART.128 ARTS.129AND130
Thepublicofficerisarmedwitha Q:Istherighttopeacefulassemblyabsolute?
Thepublic
warrantbutitwasmaliciously
officerisnot
obtainedorevenifitwasissued A:Therighttopeacefulassemblyisnotabsolute.It
armedwitha
regularly,therewasabuseinthe may be regulated in order that it may not be
warrant.
implementationthereof. injurious to the equal enjoyment of others having
equal rights, nor injurious to the right of the
Note: The papers or other belongings must be in the communityorsociety.
dwellingoftheowneratthetimethesearchismade.
Q: In requiring a permit before any meeting or
Art. 130 does not apply to searches of vehicles and assemblyisheld,canitbeconstruedaspreventing
othermeansoftransportation. peacefulassemblies?

PROHIBITION,INTERRUPTIONANDDISSOLUTION A: No, the permit requirement shall be in exercise
OFPEACEFULMEETINGS only of the governments regulatory powers and
(Art.131) not really to prevent peaceful assemblies. This
requirement is legal as long as it is not being
Q:Whatarethepunishableacts? exercisedasaprohibitorypower.

A: Q: If the application for the permit to peaceably
1. Prohibiting or interrupting, without legal assemble is arbitrarily denied, what crime is
ground, the holding of a peaceful committed?
meeting,orbydissolvingthesame
A:Thecrimecommittedisprohibitiontopeaceably
2. Hindering any person from joining any assembleinaccordancewithArt.131.
lawful association or from attending any
ofitsmeetings Q:Suppose,theofficerwouldnotgivethepermit
unless the meeting is held in particular place
3. Prohibiting or hindering any person from which he dictates and such place defeats the
addressing, either alone or together with exercise of the rights to peaceably assemble, is
others,anypetitiontotheauthoritiesfor Art.131violated?
correction of abuses or redress of
grievances. A:Yes.

Note:Meetingmustbepeacefulandtheremustbeno
Q:Whatarethecommonelements? groundforprohibiting,dissolving,orinterruptingthat
meeting.
A:
1. Offenderisapublicofficer Q: What are the tests for determining whether
2. He performs any of the acts mentioned thereisaviolationofArt.131?
above
A:
Q:TobeheldliableunderArt.131,isitnecessary 1. DangerousTendencyRule
that the offender be a stranger, not a participant 2. ClearandPresentDangerRule
of a meeting that has been interrupted and
dissolved? Q:WhatarethedistinctionsbetweenProhibition,
Interruption, or Dissolution of Peaceful Meetings
A: Yes. If the offender is a participant of the under Art. 131 and Tumults and other
meeting,heisliableforunjustvexation Disturbances,underArt.153?

Note: Interrupting and dissolving the meeting of A:
municipalcouncilbyapublicofficerisacrimeagainst ART.131 ART.153
a legislative body not punished under Art. 131, but Thepublicofficerisnota
under Art . 143 (Acts Tending to Prevent the Meeting participant.Asfarasthe Thepublicofficerisa
of the Assembly and Similar bodies) and Art. 144 gatheringisconcerned, participantofthe
(DisturbanceofProceedings). thepublicofficerisa assembly.
thirdparty.
102

CRIMINALLAWTEAM:
Theoffendermustbe Theoffenderneednotbe
publicofficer. inpublicoffice Note: If committed in a place devoted to religious
purpose,thereisnoneedforanongoingceremony.
INTERRUPTIONOFRELIGIOUSWORSHIP
(Art.132) Q: When is an act considered notoriously
offensive?
A: When the act is directed against religious
A: practice or dogma or ritual for the purpose of
1. Offenderisapublicofficeroremployee ridicule,asmockingorscoffingatorattemptingto
2. Religiousceremoniesormanifestationsof damageanobjectofreligiousveneration.
any religious are about to take place or
aregoingon Note:Offenseoffeelingisjudgedfromcomplainants
3. Offenderpreventsordisturbsthesame pointofview.

Note:Qualifiedbyviolenceorthreats. Theremustbedeliberateintenttohurtthefeelingsof
the faithful, mere arrogance or rudeness is not
Iftheprohibitionordisturbanceiscommittedonlyina enough.
meetingorrallyofasect,itwouldbepunishableunder
Art. 131. E.g. reading of Bible and then attacking Q:Maythecrimebecommittedbyapublicofficer
certainchurchesinpublicplaza. oraprivateindividual?

Religious worship includes people in the act of A:Yes.Theoffendercanbeanyperson.
performing religious rites for religious ceremony or
manifestation of religion. E.g. mass, baptism and A.HumanSecurityActof2007(R.A.9372)
marriageceremony.
Q:Whatistheperiodofdetentionwithoutjudicial
Q: X, a private person, boxed a priest while the warrantofarrest?
priest was giving homily and maligning a relative
ofX.IsXliableunderArt131? A:
GR: Notwithstanding Art. 125 of RPC , any
A: No, because X is a private person. He may be police of law enforcement personnel who has
liableunderArt.133 taken custody of a person charged or
suspected of the crime of terrorism or
OFFENDINGTHERELIGIOUSFEELINGS conspiracy to commit terrorism shall deliver
(Art.133) said charged person to the proper judicial
authority within 3 days counted from the
Q:Whataretheelementsofthiscrime? momentofthearrest.
A:
1. Actscomplainedofwereperformed: Note: Antiterrorism law amended Art. 125 of the
a. In a place devoted to religious RPC insofar as terrorism and conspiracy to commit
worship (not necessary that there is terrorismareconcerned.
religiousworship)
b. During the celebration of any XPN: In the event of an actual or imminent
religiousceremony terrorist attack, suspects may be detained for
more than 3 days upon the written approval
2. Actsmustbenotoriouslyoffensivetothe of:
feelingsofthefaithful. 1. Municipal,city,provincialorregional
official of a Human Rights
Note: Art. 133 is the only crime against the Commissionor
fundamentallawoftheStatethatmaybecommitted 2. Judge of the Municipal, RTC, the
notonlybypublicofficerbutalsobyaprivateperson. Sandiganbayanor
3. AjusticeoftheCAnearesttheplace
Q: What are the religious ceremonies covered by ofthearrest.(Sec.19)
Arts.132and133?
Note:IfthearrestismadeduringSaturdays,Sundays,
A:Religiousceremoniescoveredarethosereligious holidays or after office hours, the arresting police or
acts performed outside of a church, such as lawenforcementpersonnelshallbringthepersonthus
processionandspecialprayersforburyingperson. arrested to the residence of any of the officials
103

mentionedabove.Thewrittenapprovalofanyofsaid 9. Dentaltortureortheforcedextractionof
officialsshallbesecuredwithin5daysafterthedateof theteeth
detention. Provided that within 3 days after the date
of detention of the suspects, whose connection with
10. Pullingoutoffingernails
the terror attack or threat is not established, shall be
releasedimmediately.
11. Harmfulexposuretotheelementssuchas
B.AntiTortureAct(R.A.9745) sunlightandextremecold

Q. What are the punishable acts under Anti 12. Theuseofplasticbagandothermaterials
TortureActorRA.9745? placed over the head to the point of
asphyxiation
A. Physical torture is a form of treatment or
punishment inflicted by a person in authority or 13. The use of psychoactive drugs to change
agent of a person in authority upon another in theperception,memory,alertnessorwill
his/her custody that causes severe pain, ofaperson,suchas:(i)theadministration
exhaustion,disabilityordysfunctionofoneormore of drugs to induce confession and/or
partsofthebody,suchas: reducementalcompetency;or(ii)theuse
ofdrugstoinduceextremepainorcertain
1. Systematic beating, headbanging, symptomsofadisease
punching,kicking,strikingwithtruncheon
or rifle butt or other similar objects, and 14. Otheranalogousactsofphysicaltorture
jumpingonthestomach
B. Mental/Psychological torture refers to acts
2. Food deprivation or forcible feeding with committed by a person in authority or agent of a
spoiled food, animal or human excreta personinauthoritywhicharecalculatedtoaffector
and other stuff or substances not confuse the mind and/or undermine a persons
normallyeaten dignityandmorale,suchas:

3. Electricshock 1. Blindfolding

4. Cigarette burning; burning by electrically 2. Threatening a person(s) or his/her
heatedrods,hotoil,acid;bytherubbing relative(s)withbodilyharm,executionor
of pepper or other chemical substances otherwrongfulacts
onmucousmembranes,oracidsorspices
directlyonthewound(s) 3. Confinement in solitary cells or secret
detentionplaces
5. The submersion of the head in water or
water polluted with excrement, urine, 4. Prolongedinterrogation
vomit and/or blood until the brink of
suffocation 5. Preparing a prisoner for a show trial,
public display or public humiliation of a
6. Being tied or forced to assume fixed and detaineeorprisoner
stressfulbodilyposition
6. Causingunscheduledtransferofaperson
7. Rape and sexual abuse, including the deprived of liberty from one place
insertion of foreign bodies into the sex toanother,creatingthebeliefthathe/she
organ or rectum, or electrical torture of shallbesummarilyexecuted
thegenitals
7. Maltreating a member/s of a persons
8. Mutilationoramputationoftheessential family
parts of the body such as the genitalia,
ear,tongue,etc. 8. Causing the torture sessions to be
witnessed by the persons family,
relativesoranythirdparty

104

CRIMINALLAWTEAM:
9. Denialofsleep/rest thereof in order to prevent its

discovery;or
10. Shame infliction such as stripping the
personnaked,paradinghim/herinpublic c. By harboring, concealing or
places, shaving the victims head or assisting in the escape of the
putting marks on his/her body against principal/s in the act of torture
his/herwill or other cruel, inhuman and
degrading treatment or
11. Deliberately prohibiting the victim to punishment: Provided, that the
communicatewithanymemberofhis/her accessory acts are done with
family;and theabuseoftheofficialspublic
function.

12. Other analogous acts of

mental/psychologicaltorture(Sec.4)

Q.WhoarepunishedunderAntiTortureAct?

A:

1. Any person who actually participated or
induced another in the commission of
torture or other cruel, inhuman and
degrading treatment or punishment or
who cooperated in the execution of the
actoftorturebypreviousorsimultaneous
actsshallbeliableasprincipal.

2. Any superior military, police or law
enforcement officer or senior
government official who issued an order
toalowerrankingpersonneltosubjecta
victim to torture or other cruel, inhuman
and degrading treatment or punishment
for whatever purpose shall be held
equally liable as principal. Any public
officer or employee shall be liable as an
accessory if he/she has knowledge that
torture or other cruel, inhuman and
degrading treatment or punishment is
being committed and without having
participatedtherein,eitherasprincipalor
accomplice takes part subsequent to its
manner:

a. Bythemselvesprofitingfromor
assisting the offender to profit
from the effects of the act of
tortureorothercruel, inhuman
anddegradingtreatment

b. Byconcealingtheactoftorture
or other cruel, inhuman and
degrading treatment or
punishment and/or destroying
the effects of instruments
105

III.CRIMESAGAINSTPUBLICORDER(134159) Q:Whatisthenatureofthecrimeofrebellion?

REBELLION,COUPDETAT,SEDITIONAND A: Rebellion is a crime of the masses. It requires a
DISLOYALTY multitude of people. It is vast movement of men
andacomplexnetworkofintriguesandplots.
Q:Whatarepoliticalcrimes?
Q:Whoareliableforrebellion?
A:Thosethataredirectlyaimedagainstthepolitical
order, as well as such common crimes as may be A: The persons liable for rebellion are the leaders
committed to achieve a political purpose. The andtheirfollowers.
decisivefactoristheintentormotive.
Illustration:
Note: Killing, robbing, etc, for private purposes or
profit without any political motivation would be The acts of accused who is not a member of the
separatelypunishedandwouldnotbeabsorbedinthe HUKBALAHAP organization of sending cigarettes
rebellion. (People v. Geronimo, G. R. No. 176268, andfoodsuppliestoaHukleader;thechangingof
March10,2008) dollars into pesos for a top level communist; and
the helping of Huks in opening accounts with the
REBELLIONANDINSURRECTION bank which he was an official, do not constitute
(Art.134) rebellion.(Carinov.People,7SCRA900)

Q:Whataretheelementsofthiscrime? In one case, accused not only confessed his
membership with the Sparrow Unit but also his
A: participationandthatofhisgroupinthekillingof
policeman Manatad while the latter was manning
1. Therebe:
the traffic in Mandaue City. It is of judicial notice
a. Publicuprising,and
that the Sparrow Unit is the liquidation squad of
b. Takingarmsagainstgovernment the New Peoples Army with the objective of
overthrowing the duly constituted government. It
2. Purpose of the uprising or movement is is therefore not hard to comprehend that the
eitherto killingofManatadwascommitted,asameansto,
or in furtherance of, the subversive ends of the
a. Remove from the allegiance to said NPA.Thecrimecommittedisrebellion,notmurder
Governmentoritslaws: withdirectassault(Peoplev.Dasig,221SCRA549)
i. TheterritoryofthePhilippinesor
anypartthereof;or Q: What is the difference between rebellion and
ii. Any body of land, naval or other insurrection?
armedforces;or
A:
b. Deprive the Chief Executive or REBELLION INSURRECTION
Congress, wholly or partially, of any Themovementseeksmerely
Theobjectofthe
oftheirpowersorprerogative. toeffectsomechangeof
movementis
minorimportance,orto
completelyto
Note:Theuseofunlicensedfirearmisabsorbedinthe preventtheexerciseof
overthrowand
crimeofrebellionifusedinfurtheranceoforincident governmentalauthoritywith
supersedethe
to, or in connection with the crime of rebellion, or respectofparticularmatters
existinggovernment.
insurrection,orsedition.(Sec.1 ofsubjects.

If the act is to deprive the Judiciary of its power or Q: What are the distinctions between rebellion
prerogatives,thecrimecommittedissedition. andsedition?
A:
Q:Whatistheessenceofthecrimeofrebellion? REBELLION SEDITION
Theremustbetaking
Itissufficientthatpublic
A: The essence of rebellion is public uprising and upofarmsagainst
uprisingbetumultuous.
the taking of arms. It aims to overthrow the duly thegovernment.
constituted government. It is generally carried out Purposemaybepoliticalor
Purposeisalways
bycivilians. social,thatismerelytogo
political,thatisto
againsttheestablished
overthrowthe
Note:Ifthereisnopublicuprising,thecrimeisdirect governmentnotto
government.
assault. overthrowit.
106

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Public Order
Q: What are the distinctions between rebellion Inrebellion,itisnotadefensethattheaccusednever

andtreason? took the oath of allegiance, or that they never
recognizedthegovernment.
A:
REBELLION TREASON COUPDETAT
Theuprisingisagainstthe Thelevyingofwarisdone (134A)
government. toaidtheenemy.
Thepurposeisto Q:Whataretheelementsofthiscrime?
Thepurposeistodeliver
substitutetheexisting A:
thegovernmenttothe
governmentwith 1. Offenderisapersonorpersonsbelonging
enemy.
another. tomilitaryorpoliceorholdinganypublic
officeoremployment
Note: Mere giving of aid or comfort is not criminal in
the case of rebellion. There must be an actual 2. Itiscommittedbymeansofaswiftattack
participation. Hence, mere silence or omission of accompanied by violence, intimidation,
publicofficerisnotpunishableinrebellion. threat,strategyorstealth

Q: What are the distinctions between rebellion 3. Attackisdirectedagainstdulyconstituted
andsubversion? authorities of the Republic of the
Philippines or any military camp or
A: installation, communication networks,
REBELLION SUBVERSION public utilities or other facilities needed
Crimeagainstpublic Crimeagainstnational fortheexerciseandcontinuedpossession
order. security. ofpower
Theremustbepublic Beingofficersandranking
uprisingtooverthrow membersofsubversive
4. Purpose of the attack is to seize or
thegovernment. groupsconstitutesubversion.
diminishstatepower

Q: On May 5, 1992, at about 6:00 a.m., while Note: Theuseofunlicensedfirearmisabsorbedinthe
Governor Alegre of Laguna was on board his car crimeofrebellionifusedinfurtheranceoforincident
traveling along the National Highway of Laguna. to,orinconnectionwiththecrimeofattemptedcoup
Joselito and Vicente shot him on the head detat.
resultinginhisinstantdeath.Atthattime,Joselito
andVicenteweremembersofliquidationsquadof Q:Whatistheessenceofthecrimeofcoupdetat?
the New Peoples Army and they killed the
governor upon orders of their senior officer A: The essence of the crime is a swift attack upon
Commander Tiago. According to Joselito and thefacilitiesof thePhilippinegovernment,military
Vicente,theywereorderedtokillGovernorAlegre camps and installations, communication networks,
because of his corrupt practices. If you were the public utilities and facilities essential to the
prosecutor, what crime will you charge Joselito continuedpossessionofgovernmentalpowers.
andVicente?
Q:Whatistheobjectiveofcoupdetat?
A:IfIweretheprosecutor,IwouldchargeJoselito
andVicentewiththecrimeofrebellion,considering A: The objective of coup detat is to destabilize or
that the killers were members of the liquidation paralyze the government through the seizure of
squadoftheNPAandthekillingwasuponordersof facilities and utilities essential to the continued
theircommander;hence,politicallymotivated.This possessionandexerciseofgovernmentalpowers.
was the ruling in People v. Avila, SCRA 1568,
involvingidenticalfactswhichisamovementtaken Q:Howiscoupdetatcarriedout?
judicialnoticeofasengagedinrebellionagainstthe
Government. A:Itmaybecarriedbyforceorviolenceorthrough,
stealth,threat,orstrategy.
Note: Crimes done for private purposes without
politicalmotivationshouldbeseparatelypunished. Q:Whoaretheprincipaloffendersofcoupdetat?

Rebellionisacontinuingcrimealongwiththecrimeof A:TheprincipaloffendersaremembersoftheAFP
conspiracyorproposaltocommitrebellion. or of the PNP organization or a public officer with
orwithoutciviliansupport.

107

Q:Whatarethedistinctionsbetweencoupdetat finances, abets, or aids in
andrebellion? undertakingacoupdetat.

A: Note:Thecrimeofcoupdetatmaybecommittedwith
COUPDETAT REBELLION orwithoutcivilianparticipation.
Essenceisaswiftattackagainst
thegovernment,itsmilitary Q: Who shall be deemed the leader of the
Essenceofthe
camporinstallations, rebellion,insurrectionorcoupdetatincaseheis
crimeispublic
communicationnetworkand unknown?
uprisingandtaking
publicfacilitiesandutilities
uparmsagainstthe
essentialtothecontinued A:Anypersonwhoinfact:
government.
exerciseofgovernmental 1. Directedtheothers
powers. 2. Spokeforthem
Requiresapublic 3. Signed receipts and other documents
Maybecarriedoutsinglyor uprising,or issuedintheirname
simultaneously. multitudeof
4. Performed similar acts on behalf of the
people.
rebels
Offendersneedto

Principaloffendersmustbe becommittedby
membersofthemilitary, theuniformed
CONSPIRACYANDPROPOSALTOCOMMIT
nationalpoliceorpublicofficer, personnelofthe REBELLIONORINSURRECTION
withorwithoutciviliansupport. militaryorthe (Art.136)
police.
Thepurposeisto Q:Whenisthereconspiracytocommitrebellion?
Thepurposeismerelyto
overthrowthe
paralyzetheexisting A: There is conspiracy to commit rebellion when
existing
government.
government. twoormorepersonscometoanagreementtorise
publicly and take arms against the government for
Note: State power includes the executive, legislative any of the purposes of rebellion and decide to
andjudicialpower. commitit.

PENALTYFORREBELLIONORINSURRECTIONOR Q: When can there be proposal to commit
COUPDETAT rebellion?
(Art.135)
A:Thereisproposaltocommit rebellionwhen the
Q: Who are the persons liable for rebellion, person who has decided to rise publicly and take
insurrectionorcoupdetat? arms against the government for any of the
purposes of rebellion proposes its execution to
1. Leader someotherpersonorpersons.
a. Any person who promotes,
maintains, or heads a rebellion or Q: Is advocacy to communism tantamount to
insurrection conspiracytocommitrebellion?
b. Any person who leads, directs, or
commands others to undertake a A: No, because mere advocacy of theory or
coupdetat principle is insufficient to constitute conspiracy to
commit rebellion unless the advocacy is converted
2. Participants intoaction.
a. Any person who participates or
executesthecommandsofothersin Note:Themerefactofgivingandrenderingspeeches
rebellion,orinsurrection favoring communism would not make the accused
guilty of conspiracy, if there is no evidence that the
b. Any person in the government hearers then and there agreed to rise up in arms
servicewhoparticipates,orexecutes againstthegovernment.
directionsorcommandsofothersin
undertakingacoupdetat DISLOYALTYOFPUBLICOFFICERAND
EMPLOYEES
(Art.137)
c. Any person not in the government

service who participates, supports,
Q: What are the punishable acts in the crime of
disloyaltyofpublicofficers/employees?
108

CRIMINALLAWTEAM:

A: A:
1. Failingtoresistarebellionbyallmeansin 1. Offenderrise
theirpower
a. Publicly,and
2. Continuingtodischargethedutiesoftheir b. Tumultuously
officesunderthecontroloftherebels
2. They employ force, intimidation or other
Note: The offender must be a public officer or meansoutsideoflegalmethods
employeeandtheremustbeanactualrebellion
3. Offenders employ any of those means to
Offender must not be in conspiracy with the rebels. attainanyofthefollowingobjectsto:
Otherwise,thecrimetheycommitisrebellion.
a. Prevent the promulgation or
INCITINGTOREBELLIONORINSURRECTION execution of any law or the holding
(Art.138) ofanypopularelection
b. Preventthenationalgovernment,or
Q:Whataretheelementsofthecrimeofinciting any public officer from freely
torebellion/insurrection? exercising its or his functions, or
prevent the execution of any
A: administrativeorder
1. Offender does not take arms or is not in c. Inflicting any act of hate or revenge
openhostilityagainstthegovernment of any person or property of any
publicofficeroremployee
2. He incites others to the execution of any d. Commit, for any political or social
oftheactsofrebellion end, any act of hate or revenge
againstprivatepersonsoranysocial
3. Inciting is done by means of speeches, cases
proclamations, writings, emblems, e. Despoil,foranypoliticalorsocialend
banners,orotherrepresentationstending anyperson,municipalityorprovince,
tothesameend ortheNationalGovernmentofallits
propertyoranypartthereof
Note:Incitingmusthavebeenintentionallycalculated
toinduceotherstocommitrebellion. Note:Theoffendermaybeapublicorprivateperson.

Q: What is the difference between inciting to Theuseofunlicensedfirearmisabsorbedinthecrime
rebellionandproposaltocommitrebellion? ofrebellionifusedinfurtheranceoforincidentto,or
inconnectionwiththecrimeofsedition.
A:
PROPOSALTOCOMMIT Q: Does the crime of sedition contemplate rising
INCITINGTOREBELLION
REBELLION upofarmsagainstgovernment?
Itisnotrequiredthatthe Thepersonwhoproposes
offenderhasdecidedto hasdecidedtocommit A: No, the purpose of the offenders in rising
commitrebellion. rebellion. publicly is merely to create commotion and
Thepersonwhoproposes disturbance by way of protest to express their
Theactofincitingisdone
theexecutionofthecrime dissent and disobedience to the government or to
publicly
usessecretmeans.
theauthoritiesconcerned.
Theoffenderinducesanothertocommitrebellion.

Thecrimeofrebellionshouldnotbeactually Note: The objective of sedition is not always against
committedbythepersonstowhomitisproposedor the government, its property or officer. It could be
whoareincited.Iftheycommitrebellionbecauseof againstaprivatepersonorsocialclass.
theproposalorinciting,theproponentortheone

incitingmaybecomeaprincipalbyinducementinthe
Q: What is the difference between sedition and
crimeofrebellion.
treason?

SEDITION
A:
(Art.139)
SEDITION TREASON
Seditioninvolves Thereisnopublic
Q:Whataretheelementsofthecrimeofsedition?
disturbanceofpublic uprising.
109

orderresultingfrom INCITINGTOSEDITION
tumultuousuprising. (Art.142)

Q:Whataretumultuousacts? Q: What are the punishable acts in the crime of
incitingtosedition?
A: Acts are considered tumultuous if caused by
more than 3 persons who are armed or provided A:
withthemeansofviolence. 1. Inciting others to the accomplishment of
any of the acts which constitute sedition
Q: What differentiates sedition from crime of by means of speeches, proclamations,
tumultsandotherdisturbanceofpublicorder? writings,emblems,etc

A: 2. Uttering seditious words or speeches
TUMULTSANDOTHER whichtendtodisturbthepublicpeace
SEDITION DISTURBANCEOFPUBLIC
ORDER 3. Writing, publishing or circulating
Seditioninvolves scurrilous libels against the government
disturbanceofpublic Thereisnopublic oranyofthedulyconstitutedauthorities
orderresultingfrom uprising. thereof, which tend to disturb the public
tumultuousuprising. peace

Q: What is the crime committed if there is no Note:Scurrilousmeanslow,vulgar,meanor
publicuprising? foul.

A: If the purpose of the offenders is to attain the Note:Itistheuseofwords,emblems,etc.andnotthe
objectsofrebellionorseditionbyforceorviolence, performance of an act that is punished in inciting to
butthereisnopublicuprising,thecrimecommitted sedition.
isdirectassault.
Inincitingtosedition,theoffendermustnottakepart
Note: Public uprising and an object of sedition must inanypublicortumultuousuprising.
concur.
Q: When are uttering seditious words/speeches
Insedition,itisimmaterialiftheobjectbecompletely and writing, publishing or circulating scurrilous
attained. libelspunishable?

Q: Suppose murder is committed in the course of A:Suchareseditiouswhenthey:
sedition, can murder be absorbed in the crime of
sedition? 1. Tend to disturb or obstruct any lawful
officer in executing the functions of his
A: No. Murder cannot be absorbed in sedition. If office
murder is committed, it shall be treated as a
separatecrime. 2. Tend to instigate others to cabal and
meettogetherforunlawfulpurposes
Ratio:Murderisnotanobjectofsedition.
3. Suggest or incite rebellious conspiracies
Note: There is no complex crime of sedition with orriots
murder.
4. Lead or tend to stir up the whole people
CONSPIRACYTOCOMMITSEDITION againstthelawfulauthoritiesortodisturb
(Art.141) the peace of the community, the safety
andorderoftheGovernment
Q:Isthereacrimeofproposaltocommitsedition?
Q: What are the two rules relative to seditious
A: None. Only conspiracy is punished and not words?
proposaltocommitsedition.
A:
Note: To be liable, there must be an agreement and 1. Clear and present danger rule words
determination to rise publicly and tumultuously to
must be of such nature that by uttering
attainanyoftheobjectsspecifiedinArt.139.
them there is a danger of public uprising
110

CRIMINALLAWTEAM:
andthatsuchdangershouldbebothclear the courts while in the prosecution of criminal cases,

andimminent maybeheldliableforviolationofthesaiddecree.

2. Dangerous tendency rule if words used DISTURBANCEOFPROCEEDINGS
tendtocreateadangerofpublicuprising, (Art.144)
then those words could properly be
subjectofpenalclause Q:Whataretheelementsofthecrime?

Q: Which of the above rules is adopted in the A:
Philippinejurisdiction? 1. There is a meeting of Congress or any of
its committees or subcommittees,
A:Itisthedangeroustendencyrulethatisgenerally constitutional commissions or
adopted in the Philippines with respect to sedition committees or divisions thereof, or any
cases.Itisenoughthatthewordsusedmaytendto provincial board or city or municipality
createdangerofpublicuprising. councilorboard

Q:Whataresomeinstancesofincitingtosedition? 2. Offenderdoesanyofthefollowingacts:
a. Disturbsanysuchmeetings
A: b. Behaveswhileinthepresenceofany
1. Meeting for the purpose of discussing such bodies, in such a manner as to
hatredagainstthegovernment interruptitsproceedingsortoimpair
therespectdueit
2. Lambasting government officials to
discreditthegovernment. Note: Disturbance created by a participant in the
meetingisnotcoveredbyArt.144.
Q:Supposetheobjectiveofabovementionedacts
istooverthrowthegovernment,whatisthecrime Complaint must be filed by a member of legislative
committed? body.

The same act may be made the basis for contempt

A:Thecrimewouldbeincitingtorebellion.
sinceitiscoerciveinnaturewhilethecrimeunderthis
articleispunitive.
CRIMESAGAINSTPOPULARREPRESENTATION
VIOLATIONOFPARLIAMENTARYIMMUNITY
ACTSTENDINGTOPREVENTTHE.MEETINGOF (Art.145)
THECONGRESSOFTHEPHILIPPINESANDSIMILAR
BODIES(Art.143) Q: What are the punishable acts in violation of
parliamentaryimmunity?
Q:Whataretheelementsofthecrime?
A:
A: 1. Using force, intimidation, threats, or
1. There be projected or actual meeting of frauds to prevent any member of
the Congress or any of its committees or Congressfrom
subcommittees, constitutional a. Attending the meetings of congress
committeesordivisionsthereof,orofany or of any of its committees or
provincial board or city or municipal subcommittees, constitutional
councilorboard commissionsorcommittees
b. Expressinghisopinions
2. Offender, who may be any person, c. Castinghisvote
preventssuchmeetingbyforceorfraud
2. Arresting or searching any member
Note: The chief of police and mayor who prevented
thereof while Congress is in regular or
the meeting of the municipal council are under Art.
specialsession.
143, when the defect of the meeting is not manifest
and requires an investigation before its existence can

bedetermined. Note:TheoffenderinPar.1maybeanyperson.

Under P.D. 1829, any person who disturbs the Parliamentaryimmunitydoesnotprotectmembersof
proceedingsinthefiscalsoffice,inTanodbayan,orin Congress from responsibility before the legislative
bodyitself.
111

Q:Whatissession? A: The person inciting is liable for the crime of
incitingtorebellionorsedition.
A: It refers to the entire period from its initial
conveninguntilitsfinaladjournment. Q: What are the elements of the first form of
illegalassembly?
Note: The 1987 Constitution exempts members of
CongressfromarrestwhileCongressisinsessionforall A:
offenses punishable by a penalty less than prision 1. There is a meeting, a gathering or group
mayor. of persons, whether in fixed place or
moving
It is not necessary that the member is actually
prevented from exercising any of his functions. It is 2. The meeting is attended by armed
sufficientthatCongressisinsession.
persons

ILLEGALASSEMBLIES
3. Thepurposeofthemeetingistocommit
(Art.146)
any of the crimes punishable under the

RPC
Q:Whataretheformsofillegalassemblies?

A: Note:Inthefirstformofillegalassembly,armedmen
1. Any meeting attended by armed persons attend the gathering with the purpose of committing
forthepurposeofcommittinganyofthe anyofthecrimespunishableunderRPC.Thepresence
crimespunishableundertheRPC. of armed men during the gathering brings about the
crimeofillegalassembly.
2. Any meeting in which the audience,
whether armed or not, is incited to the Not all persons at the meeting of the first form of
commission of the crime of treason, illegalassemblyneedtobearmed.
rebellion or insurrection, sedition, or
assault upon a person in authority or his If none of the persons present in the meeting are
agents. armed, there is no crime. E.g. Persons unarmed
conspiringinameetingtocommitqualifiedtheftisnot
Note: It is necessary that the audience is punishable.
actuallyincited.
Q: What are the elements of the second form of
Note: The word arm in this article is not limited to illegalassembly?
firearm. However, if the person present carries an
unlicensed firearm, the presumption, insofar as he is A:
concerned, is that the purpose of the meeting is to 1. There is a meeting, a gathering group of
commitactspunishableunderthisCode,andthatheis persons, whether in a fixed place or
theleaderororganizerofthemeeting. moving

Q: Should persons merely present at the meeting 2. The audience, whether armed or not, is
have a common intent to commit the felony of incitedtothecommissionofthecrimeof
illegalassembly? treason, rebellion, or insurrection,
seditionordirectassault
A: Yes. Absence of such intent may exempt the
personpresentfromcriminalliability. Note: In this second form of illegal assembly, armed
menmayormaynotattendthemeetingbutpersons
Q:Supposeinthemeeting,theaudienceisincited inthemeetingareincitedtocommittreason,rebellion
tothecommissionofrebellionorsedition,whatis or insurrection, sedition or assault upon a person in
the criminal liability of the leaders or organizers authority.
thereofandthepersonspresenttherein?
When the illegal purpose of the gathering is to incite
A:Theleadersororganizersofthemeetingandthe people to commit the crimes mentioned above, the
persons present therein are liable for the crime of presence of armed men is unnecessary. The mere
illegalassembly. gathering for the purpose is sufficient to bring about
thecrimealready.
Q: What is the criminal liability of the person
A person invitedto givespeech in an illegalassembly
incitingthem?
ormeetingandincitesthemembersofsuchassembly

112

CRIMINALLAWTEAM:
isguiltyofincitingtoseditiononlyandnotpunishable 2.Meremembersoftheassociation.
underillegalassembly.
Q: What are the distinctions between illegal
Q:Whatisthegravamenofillegalassembly? assemblyandillegalassociation?

A: The gravamen of illegal assembly is mere A:
assembly of or gathering of people for illegal ILLEGALASSEMBLY ILLEGALASSOCIATION
purposepunishablebytheRPC.Withoutgathering, Thebasisistheformationof
Thebasisofliabilityis
thereisnoillegalassembly. ororganizationofan
thegatheringforan
associationtoengageinan
illegalpurposewhich
Q:Whoarepersonsliableforillegalassembly? unlawfulpurposewhichis
constitutesacrime
notlimitedtoaviolationof
undertheRPC.
A:Thepersonsliableare: theRPC.
Necessarythatthere
1. Organizersorleadersofthemeeting Notnecessarythattherebe
2. Personsmerelypresentatthemeeting isanactualmeeting
anactualmeeting.
orassembly.
Q:Ifthepresenceofapersonisoutofcuriosity,is Meetingandthe Actofformingororganizing
attendanceatsuch andmembershipinthe
heliable?
meetingaretheacts associationaretheacts
punished. punished.
A: No, since he does not have intent to commit

felonyofillegalassembly.
ASSAULTUPON,ANDRESISTANCEAND
DISOBEDIENCETOPERSONSINAUTHORITYAND
Q:Supposetheillegalpurposeforthegatheringis
THEIRAGENTS
for the commission of a crime punishable under

special laws (i.e. the gathering of drug lords to
DIRECTASSAULTS
facilitate drug trafficking), is illegal assembly
(Art.148)
committed?

Q: What are the two ways to commit direct

A: No. If the unlawful purpose is a crime under a
assault?
special law, there is no illegal assembly. The crime

committedwouldbeillegalassociation.
A:
1. First form: Without public uprising, by

ILLEGALASSOCIATION
employing force or intimidation for
(Art.147)
attainment of any of the purposes
enumerated in defining the crimes of

Q:Whatareillegalassociations?
rebellionandsedition.

A:
2. Second form: Without public uprising, by
1. Associations totally or partially organized
attacking, by employing force, or by
forthepurposeofcommittinganyofthe
seriously intimidating or seriously
crimespunishableundertheRPC.
resistinganypersoninauthorityoranyof

his agents, while engaged in the
2. Associations totally or partially organized
performance of official duties, or on the
for some purpose contrary to public
occasionofsuchperformance.
morals.

Q:Whataretheelementsofthefirstform?
Q:Whatarepublicmorals?

A:
A: Public morals refer to matters which affect the
1. That the offender employs force or
interestofsocietyandpublicinconvenienceandare
intimidation.
not limited to good customs. It refers to acts that
2. That the aim of the offender is to attain
areinaccordancewithnaturalandpositivelaws.
any of the purposes of the crime of
rebellion or any of the objects in the

Q: Who are the persons liable for the crime of
crimeofsedition.
illegalassociations?
3. Thatthereisnopublicuprising.

A:Thepersonsliablearethefollowing:
Q:Whataretheelementsofthesecondform?
1. Founders, directors and president of the

association
113

A: A:
1. Thattheoffender: 1. When the person in authority or the
a. Makesanattack agentofapersoninauthorityexceedshis
b. Employsforce powersoractswithoutauthority
c. Makesaseriousintimidation 2. Unnecessaryuseofforceorviolence
d. Makesaseriousresistance 3. Descended to matters which are private
innature
2. The person assaulted is a person in
authorityorhisagent Q: Suppose the person in authority or the agent
was killed when no longer performing official
3. Thatatthetimeoftheassaulttheperson functions,whatcrimewascommitted?
inauthorityorhisagent
a. Isengagedintheactualperformance A: The crime may simply be the material
ofofficialduties,or consequence of the unlawful act, murder or
b. Thatheisassaulted,byreasonofthe homicide,asthecasemaybe.
pastperformanceofofficialduties
Q:Whatispenalizedinthecrimeofdirectassault?
4. Thattheoffenderknowsthattheonehe
isassaultingisapersoninauthorityorhis A:Thecrimeofdirectassaultpunishesthespiritof
agentintheexerciseofhisduties lawlessness and the contempt or hatred for the
authorityortheruleoflaw.
5. Thatthereisnopublicuprising
Q: Can the crime of direct assault be complexed
Note:Inthesecondform,thereisaneedtodistinguish with the material consequence of the unlawful
a situation where a person in authority or his agent act?
wasattackedwhileperformingofficialfunctions.
A: Yes, as a rule, where the spirit of the contempt
If attack was done during the exercise of official or lawlessness is present, it is always complexed
functions,thecrimeisalwaysdirectassault.
withthematerialconsequencesoftheunlawfulact.

If the unlawful act was murder or homicide
Itis also importanttodistinguishwhethertheperson
committed under circumstance of lawlessness or
is a person in authority or merely an agent of the
latter.
contempt of authority, the crime would be direct
assault with murder or homicide, as the case may
Illustration: be.

When the accused, with his hand or fist, hit a Illustration:
policemanwhowasintheperformanceofhisduty,in
the breast and nothing more, no direct assault is Thus, if A wouldattack apoliceman whileengaged in
committed because the victim is only an agent of a the performance of his duties, that of maintaining
personinauthority,theemploymentofforcemustbe peace and order during a barangay fiesta, the crime
of serious character to show defiance of the law and would be murder of homicide with direct assault
itsrepresentativeofallhazards.However,ifthe victim depending on the presence of qualifying
is a person in authority, not a mere agent, the force circumstances in killing the victim. (People v. Abalos,
necessarytoconstitutethecrimeneednotbeserious, 258SCRA253)
asthelawwithrespecttothepersoninauthorityuses
the phrase lays hands upon a person in authority. In one case, when the victim intervened to prevent a
(U.S v. Tabiana, 37 Phil. 51; U.S. v. Gumban, 39 Phil. violentencounterbetweentheaccusedandtheRamos
76) group, he was discharging his duty as Barangay
Captain to protect life and property and enforce law
Note:Itisalsoimportantthattheoffenderknewthat and order in the barrio, thus, the assault resulting in
thepersonheisattackingisapersoninauthorityoran his death is homicide with direct assault. (People v.
agentofthepersoninauthority,performinghisofficial Rillorta,180SCRA102)
functions. No knowledge means no lawlessness or
contempt. Note: Under Art. 152 of the RPC and P.D. 299, a
Barangay Chairman is a person in authority. If only
Q: What are considered as not in actual seriousphysicalinjurieshavebeeninflicted,thecrime
performanceofofficialduties? wouldbedirectassaultwithseriousphysicalinjuries.If
the shot directed against a public officer did not hit

him but he is in actual performance of duty, the

offenseisattemptedhomicidewithdirectassault.
114

CRIMINALLAWTEAM:
assault was committed by reason of the past

Q:Whatistheexceptiontotheaboverule? performanceofofficialduties.

A: The only time it is not complexed is when Q: What does on the occasion of such
materialconsequenceisalightfelony,thatis,slight performancemeans?
physical injury because the said injuries are
considered as an incident or consequence of the A:Itmeanstheimpellingmotiveoftheattackisthe
forceandviolenceemployed.Directassaultabsorbs performanceofofficialduty.
thelighterfelony.
Note: For the crime to be direct assault, the attack
Q:Whoisapersoninauthority? mustbebyreasonofhisofficialfunctioninthepast.

A: Any person directly vested with jurisdiction, Q:Whenisdirectassaultqualified?
whether as an individual or as a member of some
court or governmental corporation, board, or A:
commission. A barrio captain and a barangay 1. When the assault is committed with a
chairman shall also be deemed a person in weapon
authority.(Art.152par.1) 2. When the offender is a public officer or
employee
Q: Who is considered as an agent of a person in 3. When the offender lays hand upon a
authority? personinauthority

A:Anypersonwhobydirectprovisionoflaworby Note:Evenwhenthepersoninauthorityortheagent
election or by appointment by competent agreestofight,directassaultisstillcommitted.
authority, is charged with the maintenance of
publicorderandtheprotectionandsecurityoflife When the person in authority or the agent
and property, such as a barangay kagawad, provoked/attacked first the innocent party, the latter
barangay tanod, barangay leader and any person isentitledtodefendhimselfandmayraisejustifyingor
whocomestotheaidofapersoninauthority. mitigatingcircumstancesasthecasemaybe.

Note:Teachers,professors,andpersonschargedwith Q: Because of the approaching town fiesta in San
the supervision of public or duly recognized private Miguel, Bulacan, a dance was held in Barangay
schools, colleges, and universities and lawyers in the Carinias. A, the Barangay Captain, was invited to
actualperformanceoftheirdutiesorontheoccasion deliver a speech to start the dance. While A was
of such performance, shall be deemed a person in deliveringhisspeech,B,oneoftheguests,wentto
authority. the middle of the dance floor making obscene
dance movements, brandishing a knife and
Q:Isitimportantthattheoffenderknowsthatthe challenging everyone present to a fight. A
personheisattackingisapersoninauthority? approached B and admonished him to keep quiet
and not to disturb the dance and peace of the
A: No, it is enough that the offender should know occasion. B, instead of heeding the advice of A,
that the offended party was exercising some form stabbedthelatterathisbacktwicewhenAturned
of authority. It is not necessary that the offender hisbacktoproceedtothemicrophonetocontinue
knowswhatismeantbypersoninauthority. his speech. A fell to the ground and died. At the
timeoftheincidentAwasnotarmed.Whatcrime
Q:Whatkindofforceisrequiredtobeemployed wascommitted?Explain.
toconstitutedirectassault?
A:Thecomplexcrimeofdirectassaultwithmurder
A: The force must be serious and must be of such was committed. A, as a Barangay Captain, is a
characterastoshowcontemptofauthority.Casual person in authority and was acting in an official
force which usually accompanies resistance or capacitywhenhetriedtomaintainpeaceandorder
disobediencetoauthoritiesisnotsufficient. during the public dance in the Barangay by
admonishingBtokeepquietandnottodisturbthe
Q:Whenisitimportanttoascertainthemotivefor dance and peace of the occasion. When B, instead
theassault? ofheedingAsadvice,attackedthelatter,Bactedin
contempt and lawless defiance of authority
A:Iftheassaulttookplacewhentheoffendedparty constituting the crime of direct assault, which
was not engaged in the performance of his official characterized the stabbing of A. And since A was
duties in this case, it must be shown that the stabbedatthebackwhenhewasnotinaposition
115

todefendhimselfnorretaliate,therewastreachery character, the crime would be direct assault. (Article
in the stabbing. Hence, the death caused by such 152,asamended)
stabbing was murder and having been committed
with direct assault, a complex crime of direct AsArticle149nowstands,thecrimeofindirectassault
assault in murder was committed by B. (2000 Bar canonlybecommittedifaprivatepersonwhocomes
Question) intheaidofanagentofapersoninauthorityonthe
occasion of direct assault against the latter, is
assaulted. He does not become another agent of the
Note:Evidenceofmotiveoftheoffenderisimportant
personinauthority.
when the person in authority or his agent who is
attacked or seriously intimidated is not in the
performanceofhisofficialduty. DISOBEDIENCETOSUMMONSISSUEDBY
CONGRESS,ITSCOMMITTEESOR
Direct assault cannot be committed during rebellion. SUBCOMMITTEES,BYTHECONSTITUTIONAL
Crime of slight physical injuries is absorbed by direct COMMISSIONS,ITSCOMMITTEES,
assault if committed against an agent of a person in SUBCOMMITTEESORDIVISIONS(Art.150)
authority.Ifcommittedagainstapersoninauthority,it
willbeconsideredasseparatecrime. Q:Whatarethepunishableacts?

Thecrimeofdirectassaultisnotcommittedwhenthe A:
personinauthorityorhisagentissuspendedorunder 1. Refusing, without legal excuse, to obey
suspensionwhenheisattacked. summons of Congress, its special or
standingcommitteesandsubcommittees,
Directassaultabsorbslightfelonybecauselightfelony the Constitutional Commissions and its
isthemeansofcommittingdirectassault.
committees, subcommittees or divisions,

or by any commission or committee
INDIRECTASSAULTS
chairman or member authorized to
(Art.149)
summonwitnesses

Q:Whataretheelementsofindirectassault?
2. Refusing to be sworn or placed under

affirmation while being presented before
A:
such legislative or constitutional body or
1. Person in authority or his agent is the
official
victimoftheformsofdirectassault

3. Refusingtoansweranylegalinquiryorto
2. A person comes to the aid of such
produceanybooks,papers,documentsor
authorityorhisagent
records in his possession, when required

by them to do so in the exercise of their
3. Offender makes use of force or
functions
intimidationuponsuchpersoncomingto

theaidoftheauthorityorhisagent
4. Restraining another from attending as a

witness in such legislative or
Q:Towhomistheassaultdirectedinthecrimeof
constitutionalbody
indirectassault?

5. Inducing disobedience to a summons or
A:Thevictiminthecrimeofindirectassaultisnot
refusal to be sworn by any such body or
thepersoninauthorityorhisagentbuttheperson
official
whocomesintheaidofapersoninauthorityorhis

agent.
Q:WhoarethepersonsliableunderArt.150?

Q: What brings about the crime of indirect
A:
assault?
1. Any person who commits any of the

aboveacts
A: Indirect assault comes about only when direct

assaultiscommitted.
2. Anypersonwho:

a. Restrains another from attending as
Note: When any person comes in aid of a person in
awitness
authority, said person at that moment is no longer a
civilian,heisconstitutedasanagentofthepersonin
b. Induceshimtodisobeyasummons
authority. If such person was the one attacked, by c. Induceshimtorefusetobeswornto
employing violence against him of serious nature or suchbody
116

CRIMINALLAWTEAM:
Personinauthorityorhis
Note:Anyoftheactsenumeratedmayalsoconstitute Personinauthorityorhis agentmustbeengagedin
contempt of Congress and could be punished as such agentmustbeinactual theperformanceof
independentofthecriminalprosecution. performanceofhis officialdutiesorthatheis
duties. assaultedbyreason
Congress power to cite a witness in contempt is thereof.
considered implied or incidental to the exercise of Committedinfourways
legislativepower. By:
Committedonlyby 1.Attacking.
The testimony of a person summoned must be upon resistingorseriously 2.Employingforce
matters into which the legislature has jurisdiction to disobeyingapersonin 3.Seriouslyintimidating
inquire. authorityorhisagent. 4.Seriouslyresistinga
personinauthorityor
RESISTANCEANDDISOBEDIENCETOAPERSONIN hisagent
AUTHORITYORTHEIRAGENTS Theattackor
Theuseofforceisnotso
(Art.151) employmentofforce
serious,asthereisno
whichgiverisetothe
manifestintentionto
RESISTANCEANDSERIOUSDISOBEDIENCE crimeofdirectassault
defythelawandthe
(Art.151,par.1) mustbeseriousand
officersenforcingit.
deliberate.
Q:Whatisthecrimecommittedifthepersonwho
A: was resisted is a person in authority and the
1. Person in authority or his agent is offenderusedforceinsuchresistance?
engaged in the performance of official
duty or gives a lawful order to the A: The use of any kind or degree of force will give
offender risetodirectassault.

2. Offender resists or seriously disobeys Q: Suppose the offender did not use any force in
suchpersoninauthorityorhisagent resisting a person in authority, what crime is
committed?
3. Actoftheoffenderisnotincludedinthe
provisionsofArts.148,149and150 A: The crime committed is resistance or serious
disobedience.
SIMPLEDISOBEDIENCE
(Art.151,par.1) Note: Art. 151 covers failure to comply with orders
directly issued by authorities in the exercise of their
official duties, and not with judicial decisions merely
Q:Whataretheelementsofsimpledisobedience?
declaratory of rights or obligations (E.g. decision
renderedinacivilcase).
A:
1. An agent of a person in authority is Thedisobediencecontemplatedconsistsinthefailure
engaged in the performance of official or refusal to obey a direct and lawful order from the
duty or gives a lawful order to the authorityorhisagent,otherwiseresistanceisjustified.
offender
Disobedience in the 2nd par. must not be serious,
2. Offenderdisobeyssuchagentofaperson otherwiseitwillfallunderthe1stpar.
inauthority
PERSONSINAUTHORITYANDAGENTSOF
3. Suchdisobedienceisnotaseriousnature PERSONINAUTHORITY
(Art.152)
Note: The accused must have knowledge that the
persongivingtheorderisapeaceofficer. Q:Whoisapersoninauthority?

Q:Whatarethedistinctionbetweenresistanceor A:Apersoninauthorityisonedirectlyvestedwith
seriousdisobedienceanddirectassault? jurisdiction, that is, the power and authority to
governandexecutethelaws.
A:
RESISTANCEORSERIOUS Q: Enumerate the examples of persons in
DIRECTASSAULT
DISOBEDIENCE authority.
117

4. Displaying placards, or emblems which
A: provoke a disturbance of public order in
1. Mayors suchplace.
2. Divisionsuperintendentofschool
3. Publicandprivateschoolteachers 5. Burying with pomp the body of a person
4. ProvincialFiscal whohasbeenlegallyexecuted.
5. Judges
6. Lawyersinactualperformanceofduties Note: Burying with pomp the body of a person
7. SangguniangBayanmember contemplatesanostentatiousdisplayofaburial.
8. BarangayChairman
9. MembersoftheLupongTagapamayapa If the person who disturbs or interrupts a meeting
considered as religious worship is a public officer, he
Note:Items7,8,and9oftheenumerationareadded shallbeliableunderArt.131or132.
bytheLGCwhichexpresslyprovidesthatsaidpersons
shall be deemed as person(s) in authority in their Q: What is the essence of tumults and other
jurisdictions.(Sec.388) disturbances?

Teachers,lawyersandheadsofschoolsarepersonsin A: The essence of this crime is creating public
authority only for purposes of Art. 152 in relation to disorder. This crime is brought about by creating
Arts.148and151,andinconnectionwiththeirduties. serious disturbances in public places, public
buildings, and even in private places where public
Q:Whoisanagentofapersoninauthority(APA)? functionsorperformancesarebeingheld.

A:Anypersonwhobydirectprovisionoflaworby Note: Tumults and other disturbances can be
electionorbyappointmentbycompetentauthority complexed with direct assault if the tumults and
ischargedwiththe: disturbancesofpublicdisorderisdirectedtoaperson
1. Maintenanceofpublicorder;and inauthorityoranagentofapersoninauthority.
2. Protection and security of life and
property. Q:Whenisthedisturbancedeemedtumultuous?

Note:Agentsofpersonsinauthorityincludes: A: When it is caused by more than three persons
1. BarangayKagawad whoarearmedorprovidedwithmeansofviolence.
2. BarangayTanod
3. BarangayCouncilman Q:Whatdoesthewordarmedmean?
4. Anypersonwhocomestotheaidofpersons
inauthority. A:Thetermarmeddoesnotrefertofirearmsonly
but includes even big stones capable of causing
PUBLICDISORDER graveinjury.

TUMULTSANDOTHERDISTURBANCESOFPUBLIC Q: What is the difference between making any
ORDER(Art.153) outcrytendingtoinciteseditionorrebellion(par.
3ofArt.153)andincitingtorebellionorsedition?
A:
A: MAKINGANYOUTCRY
1. Causing any serious disturbance in a TENDINGTOINCITE INCITINGTOSEDITIONOR
publicplace,officeorestablishment. SEDITIONOR REBELLION
REBELLION
2. Interrupting or disturbing performances, Themeeting atthe
functions or gatherings, or peaceful outsetwaslegal,and
Themeetingfromthe
meetings, if act is not included in Arts. becameapublic
beginningwasunlawful.
131and132. disorderonlybecauseof
suchoutcry.
3. Making any outcry tending to incite Theoutburstswhichby Thewordsutteredare
sedition in any meeting, association or naturemaytendto deliberatelycalculated
publicplace. inciterebellionor withmalice,aforethought
seditionare toinciteothersto

spontaneous. rebellionorsedition.

118

CRIMINALLAWTEAM:
Note: Serious disturbance requires that such must be Iftheprinter/owneroftheprintingestablishmenttook

plannedorintended. partinthepreparationandpublicationofthelibelous
writingsheshallbeliableunderArt.360.
Q:Whatdoesoutcrymean?
Ifthepublicationisbothobsceneandanonymous,the
A:Outcrymeanstoshoutsubversiveorprovocative offensecannotbecomplexedastheyinvolvedifferent
words tending to stir up the people to obtain by acts separately punished under this Article and Art.
means of force or violence any of the objects of 201onobscenepublications.
rebellionorsedition.
ALARMSANDSCANDALS
Note: Crime is qualified if disturbance or interruption (Art.155)
isofatumultuouscharacter.
UNLAWFULUSEOFMEANSOFPUBLICATIONAND
UNLAWFULUTTERANCES A:
(Art.154) 1. Discharging any firearm, rocket,
firecracker, or other explosive within any
Q:Whatarethepunishableacts? town or public place, calculated to cause
alarmordanger.
A:
1. Publishing or causing to be published, by 2. Instigatingortakinganactivepartinany
means of printing, lithography or any charivari or other disorderly meeting
other means of publication, as news any offensive to another or prejudicial to
false news which may endanger the publictranquility.
public order, or cause damage to the
interestorcreditoftheState. 3. Disturbing the public peace while
wandering about at night or while
2. Encouragingdisobediencetothelaworto engaged in any other nocturnal
theconstitutedauthoritiesorbypraising, amusements.
justifyingorextollinganyactpunishedby
law, by the same means or by words, 4. Causing any disturbance or scandal in
utterancesandspeeches. public places while intoxicated or
otherwise,providedtheactisnotcovered
3. Maliciously publishing, causing to be byArt.153.
published any official resolution or
document without proper authority, or Q:Whatistheessenceofthecrimeofalarmsand
before they have been published scandals?
officially.
A:Theessenceofthecrimeisdisturbanceofpublic
4. Printing,publishing,ordistributingbooks, tranquilityandpublicpeace.
pamphlets, periodicals or leaflets which
do not bear the real printers name, or Q: If a firearm is discharged, what are the crimes
whichareclassifiedasanonymous. thatmaypossiblyarise?

Q: Is it necessary that the publication caused A:
damagedtotheState? 1. Alarms and scandals If the offender
dischargesafirearminapublicplacebut
A: No. Mere possibility to cause such danger or the firearm is not pointed to a particular
damageissufficient. personwhendischarged.

Note: To be liable, the offender must know that the 2. IllegaldischargeoffirearmIfthefirearm
newsisfalse. was directed to a particular person who
wasnothitifintenttokillisnotproved.
R.A. 248 prohibits the reprinting reproduction,
republication of government publications and official 3. Attempted homicide or murder If the
documentswithoutpreviousauthority. personwashit,automatically,thecrimeis
attemptedhomicideormurder,ifthereis
intenttokill.

119

Note: When a person uses lethal weapon verysimilarappearancewasnotatoncenoticedbythe
against another, such as firearm, intent to guard,thattwinbrotherisliable.
killisinherent.
Eveniftheprisonerreturnedtojailafterseveralhours,
4. Physical injuries If the person was hit theonewhoremovedhimfromjailisliable.Sothatif
andinjuredbuttherewasnointenttokill. A, pretending to be an NBI agent, asked the jailer of
prisoner B to turn the latter over him on the pretext
5. Grave coercion If the threat was that he (A) will investigate the prisoner, but after
directed, immediate and serious and the several hours of drinking liquor with B in a store,
person is compelled or prevented to do returnedthesaidprisonertothejailer,Aiscriminally
somethingagainstthewill. liableunderthisarticle.

Illustration:
Note: The discharge may be in ones home since the

lawdoesnotdistinguishastowhereintown.
Soalsoajailguardwho,whilehewasoffduty,brought

a released prisoner inside the jail to substitute for a
The discharge of firearms and rockets during town
detention prisoner whom he brought out of jail,
fiestasandfestivalsarenotcoveredbythelaw.
returning him inside the jail after five hours may be

held liable under this article. (People v. del Barrio,., 4
Q:Whatischarivari?
C.A.Rep337)

A:Charivariisamockserenadeofdiscordantnoises Q:Whomaybetheoffender/s?
made of cans, pans, kettles, tins, horns etc.
designedtoannoyandinsult.Thisbringsaboutthe A:
crimeofalarmsandscandals. 1. Usually,anoutsidertothejail

Ratio: Punishing, instigating or taking active part in
2. Itmayalsobe:
charivari and other disorderly meeting is to prevent
a. An employee of the penal
moreseriousdisorders.
establishment who does not have

thecustodyoftheprisoner
Q: What offenses are possibly committed by

creatingnoiseandannoyance?
b. A prisoner who helps the escape of

anotherprisoner.
A:

1. Alarms and scandals If the disturbance
Q:Supposetheprisonerwasconfinedinahospital
affects the public in general (i.e. by
when he was assisted in escaping, is the crime
playing noisily during the wee hours in
deliveryofprisonersfromjailcommitted?
themorningintheneighborhood).

A: Yes, because the hospital may be considered as
2. Unjust vexation If the noise is directed
anextensionofthejail.
toaparticularpersonorafamily.

Illustration:
DELIVERINGPRISONERSFROMJAIL

(Art.156) Even if the prisoner is in hospital or asylum or any
place for detention of prisoner, as long as he is
Q:Whataretheelementsofthecrime? classified as a prisoner, that is, a formal complaint or
information has been filed in court, and he has been
A: officiallycategorizedasaprisoner,thisarticleapplies,
1. There is a person confined in a jail or as such place is considered extension of the penal
penalestablishment institution.Thus,ifAwasarrestedbyapolicemanfor
2. Offenderremovestherefromsuchperson theftandlockedinjailbutminutesbeforethecaseis
orhelpstheescapeofsuchperson filed in court, B helped him escape, B is not liable
underthisarticle.
Illustration:
Q: What is the difference between delivering the
Aslongasthepersonwhowasassistedinhisescapeis prisoners in jail and infidelity in the custody of
aprisoner,whatevermeansisemployedbytheperson prisoners?
who removed him from jail, is punishable under this
law. If a twin brother of a prisoner helped the latter
escape by substituting himself, and because of their
120

CRIMINALLAWTEAM:
A: A:
INFIDELITYINTHE 1. Sarah, a stranger or an outsider is liable
DELIVERINGPRISONERS
CUSTODYOF fordeliveryofprisonerfromjail.
FROMJAIL
PRISONERS
Theoffenderisnotthe 2. Z,thejailwardencommittedthecrimeof
Theoffenderisthe
custodianoftheprisonerat infidelityinthecustodyofprisoners;
custodianatthetimeof
thetimeofthe
theescape/removal
escape/removal 3. Michael is liable for the crime of evasion
ofsentence.
Note:Inboth,theoffendermaybeapublicofficerora
private citizen. In both crimes, the person involved EVASIONOFSERVICEOFSENTENCE
maybeaconvictorameredetentionprisoner.
(Art.157)

Q: What is the liability of the convicted prisoner
servingsentencewhoescaped?

A:
A: He is liable for the crime of evasion of service
1. Offenderisaconvictbyfinaljudgment
underArt.157.

2. Heisservinghissentencewhichconsistof
Q: Suppose the one who escaped is only a
deprivationofliberty
detentionprisoner,whatishisliability?

3. He evades the service of his sentence by

A: He does not incur liability from escaping if he
escapingduringthetermofhissentence
doesnotknowoftheplantoremovehimfromjail.

If such prisoner knows of his plot to remove him Note:Thecrimeisacontinuingoffensewhichmaybe
from jail and cooperates therein by escaping, he prosecuted in any place where the offender was
himselfbecomesliablefordeliveringprisonersfrom found.
jailasaprincipalbyindispensablecooperation.
This article does not apply to minor delinquents,
Q:Whatarethequalifyingcircumstance? detentionprisonersordeportees.

A:Useofviolence,intimidationorbribery. Q: What are the qualifying circumstances under
Art.157?
Q: What does the qualifying circumstance of
briberyunderthisarticlecontemplate? A:Ifevasionorescapetakesplace:
1. Bymeansofunlawfulentry(byscaling)
A: The offenders act of employing bribery as a
meansofremovingordeliveringtheprisonerfrom 2. Bybreakingdoors,windows,gates,walls,
jail, and not the offenders act of receiving or roofs,orfloors
agreeing to receive a bribe as a consideration for
committingtheoffense. 3. By using picklocks, false keys, disguise,
deceit,violenceorintimidation;or
Q:Whatisthemitigatingcircumstance?
4. Through connivance with other convicts
A:Ifittakesplaceoutsidethepenalestablishment oremployeesofthepenalinstitution
bytakingtheguardsbysurprise.
Q: What are the forms of evasion of service of
Note: This felony may also be committed through sentence?
imprudenceornegligence.
A:Evasionofserviceofsentencehasthreeforms:
Q:SupposeMichaelwasconvictedofrobberyand
heisservinghissentenceinMuntinlupa.Together 1. By simply leaving or escaping from the
with his friends, Sarah and the jail warden, Z penalestablishmentunderArt.157
hatched the plan of escaping from the prison
facility which eventually materialized. Determine 2. Failure to return within 48 hours after
thecriminalliabilityofMichael,SarahandZ. having left the penal establishment
because of a calamity, conflagration or
mutiny and such calamity, conflagration
121

ormutinyhasbeenannouncedasalready A:
passedunderArt.158. 1. Offender is a convict by final judgment,
whoisconfinedinapenalinstitution
3. Violating the condition of conditional
pardonunderArticle159. 2. Thereisdisorder,resultingfrom:
a. Conflagration
Note: The term jailbreaking is synonymous with b. Earthquake
evasionofsentence. c. Explosion
d. Similarcatastrophe
Q: Suppose X, a prisoner convicted of theft was e. Mutiny in which he has not
abletoescapefromthepenalinstitutionbutonly participated
minutes after the escape, he changed his mind
prompting him to return to penal facility, is X 3. Offender evades the service of his
liableforthecrimeevasionofsentence? sentence by leaving the penal institution
where he is confined on the occasion of
A: Yes. It is enough that he left the penal suchdisorderorduringthemutiny
establishment by escaping from it. His voluntary
return may only be mitigating being analogous to 4. Offender fails to give himself up to the
voluntarysurrender,butthesamewillnotabsolve authorities within 48 hours following the
hiscriminalliability. issuance of proclamation by Chief
Executiveannouncingthepassingawayof
Q:Ifaprisonerissentencedtodestierro,canhebe suchcalamity.
liableforthecrimeofevasionofservice?
Q:WhatisthebasisofliabilityunderArt.158?
A: Yes, because destierro involves deprivation of
liberty,althoughpartial,astheprisonerisdeprived A: Liability is based on the failure to return within
of his liberty to enter a prohibited area. So, if he 48 hours after the passing of the calamity,
enters the prohibited area, he commits evasion of conflagration or mutiny had been announced and
serviceofsentence. nottheleavingfromthepenalestablishment.

Q:Aforeignerwasfoundguiltyofviolationofthe Q:Whatconstitutesmutinyinthesecondformof
law,andwasorderedbythecourttobedeported. evasionofserviceofsentence?
Later on, he returned to the Philippines in
violationofthesentence.Isheguiltyofevasionof A:Themutinyreferredtohereinvolvessubordinate
serviceofsentence? personnel rising against the supervisor within the
penalestablishment.
A:No,becausethelawisnotapplicabletooffenses
executed by deportation. (U.S. v. Loo Hoe, 36 Phil Q:Whatisamutiny?
867)
A:Amutinyisanorganizedunlawfulresistancetoa
Q:Whatiftheoffenderescapedwithinthe15day superiorofficersimilartoseditionorarevolt.
periodformakinganappeal?
Mutinyisoneofthecauseswhichmayauthorizea
A:Thecrimeisnotevasionbecausejudgmentisnot convict serving sentence in the penitentiary to
yetfinal. leavethejailprovidedhehasnottakenpartinthe
mutiny.
Note: Persons convicted under this article are
disqualified from the benefits of the Indeterminate If one partakes in mutiny, he will be liable for the
SentenceLaw. offenses which he committed during the mutiny
whetherornothereturns.(Peoplev.Padilla,G.R.
EVASIONOFSERVICEOFSENTENCEONTHE No.121917,Mar.12,1997)
OCCASIONOFDISORDERS,CONFLAGRATIONS,
EARTHQUAKESOROTHERCALAMITIES Note: The penalty of commission of this felony is an
(Art.158) increase by 1/5 of the time remaining to be served
under the original sentence, in no case to exceed 6
Q:Whataretheelementsofthecrime? months.

The special allowance for loyalty (E.g. deduction of
sentence) authorized by Art. 98 and 158 (2nd par.)
122

CRIMINALLAWTEAM:
refers to those convicts, who having evaded the of the pardon is violated when the remaining
service of their sentences by leaving the penal unserved portion of the sentence has already
institution, give themselves up within 48 hours. They lapsed, there will be no criminal liability for the
will be entitled to a deduction of 1/5 of their violation. However, the convict maybe required to
respectivesentences. servetheunservedportionofthesentence,thatis,
continueservingoriginalpenalty.
OTHERCASESOFEVASIONOFSERVICE
(Art.159) Q: What is the difference between violation of
conditional pardon and evasion of service of
VIOLATIONOFCONDITIONALPARDON sentence?

Q:Whatisaconditionalpardon? A:
VIOLATIONOF EVASIONOFSERVICEOF
A: Conditional pardon is a contract between the CONDITIONALPARDON SENTENCE
Chief Executive, who grants the pardon and the Itisnotapublicoffense
convict,whoacceptsit. foritdoesnotcause Itisapublicoffense
harmorinjurytothe separateand
Theconditionimposedupontheprisonernottobe rightofanotherperson independentfromany
guilty of another crime is not limited to those nordoesitdisturbpublic otheract.
punishable by the RPC. It includes those punished order.
underspeciallaw.(Peoplev.Corral,74Phil.357)
Note: Violation of conditional pardon is a distinct
Usually, the condition of a conditional pardon is crime.
that the prisoner shall not commit any crime
anymore. So, if he committed an offense while on A.DecreeCodifyingtheLawsonIllegal/Unlawful
pardon,hehasviolatedthisarticle.However,there Possession,Manufacture,Dealingin,Acquisition
must be a final conviction for the second offense. orDisposition,ofFirearms,Ammunitionor
Otherwise,wecouldnotsaythatthereisaviolation Explosives(P.D.1866,asamendedbyR.A.8294)
of the condition of the pardon as he would be
presumedtobeinnocent. Note: If the unlawful manufacture, sale, acquisition,
dispositionorpossessionoffirearmsorammunitionor
Note: However, under the Revised Administrative instruments used or intended to be used in the
Code,noconvictionisnecessary.ThePresidenthasthe manufacture of firearms or ammunition is in
power to arrest and reincarcerate the offender furtheranceoforincidentto,orinconnectionwiththe
withouttrial. crime of rebellion or insurrection, sedition, or
attempted coup d'etat, such violation shall be
The court cannot require the convict to serve the absorbed as an element of the crime of rebellion, or
unexpired portion of the original sentence if it does insurrection, sedition, or attempted coup d'etat. (Sec.
not exceed six years, the remedy is left to the 1,RA8294)
President who has the authority to recommit him to
servetheunexpiredportionofhisoriginalsentence. B.HumanSecurityActof2007(R.A.9372)
Theperiodwhenconvictwasatlibertyisnotdeducted Q:Whatarethepunishableactsofterrorism?
incaseheisrecommitted.
A:
1. Any person who commits an act punishable
A: underanyofthefollowingprovisionsofthe:
1. Offenderwasaconvict
2. He was granted a conditional pardon by a.RPC:
theChiefExecutive i. Piracy in General and Mutiny in the
3. Heviolatedanyoftheconditionsofsuch HighSeasorinthePhilippineWaters
pardon ii. RebellionorInsurrection
iii. Coup d'etat, including acts committed
Q: When can there be a violation of the byprivatepersons
conditionalpardon? iv. Murder
v. Kidnapping and Serious Illegal
A: When the condition is violated during the Detention
remaining period of the sentence. If the condition vi. CrimesInvolvingDestruction;or

123

b.SpecialPenalLaws: assisting in the escape of the
i. TheLawonArson principal or conspirator of the
ii. Toxic Substances and Hazardous and crime.
NuclearWasteControlActof1990
iii. Atomic Energy Regulatory and Liability XPN:Spouses,ascendants,descendants,
Actof1968 legitimate, natural and adopted
iv. AntiHijackingLaw brothers and sisters or relatives by
v. AntiPiracy and AntiHighway Robbery affinitywithinthesamedegree
Lawof1974and
vi. Decree Codifying the Laws on Illegal XPNtotheXPN:thosefallingunder(a).
andUnlawfulPossession,Manufacture,
DealingIn,AcquisitionorDispositionof Q:IsprosecutionunderR.A.9372abartoanother
Firearms,AmmunitionsorExplosives prosecution under the RPC or any other special
penallaws?
Note:Theabovementionedactmust:
1. Sow and create a condition of widespread A: When a person has been prosecuted under a
andextraordinaryfearandpanicamongthe provision of this Act, upon a valid complaint or
populace information or other formal charge sufficient in
2. Coerce the government to give in to an form and substance to sustain a conviction and
unlawfuldemand.(Sec.3) after the accused had pleaded to the charge, the
acquittaloftheaccusedorthedismissalofthecase
2. Persons who conspire to commit the crime of shall be a bar to another prosecution for any
terrorism. offense or felony which is necessarily included in
theoffensechargedunderthisAct.(Sec.49)
Q:WhoareliableunderR.A.9372?

A: (3)AbsorptionPrincipleinrelation
tocomplexcrimes
1. Principal Any person who commits any
oftheactsunderSection3and4

2. Accompliceanypersonwhonotbeinga
principalunderArticle17oftheRPCora
conspirator as defined under Section 4
hereof, cooperates in the execution of
either the crime of terrorism or
conspiracy to commit terrorism by
previousorsimultaneousacts

3. Accessory any person who having
knowledge of the commission of the
crime of terrorism or conspiracy to
commit terrorism and without having
participatedthereineitherasprincipalor
accomplice under Articles 17 and 18 of
the RPC, takes part subsequent to its
manner:

a. By profiting himself or assisting
the offender to profit by the
effectsofthecrime

b. By concealing or destroying the
bodyofthecrimeortheeffects
orinstrumentsthereofinorder
topreventitsdiscovery

c. By harboring, concealing, or
124

CRIMINALLAWTEAM:
BOOK 2: CRIMES Against Public Interest
IV.CRIMESAGAINSTPUBLICINTEREST(161187) A:
1. Therebefalseorcounterfeitedcoins
FORGERIES
2. Offendermade,importedorutteredsuch
COUNTERFEITINGTHEGREATSEALOFTHE coins
GOVERNMENTOFTHEPHILIPPINEISLANDS,
FORGINGTHESIGNATUREORSTAMPOFTHE 3. In case of uttering such false or
CHIEFEXECUTIVE(Art.161) counterfeitedcoins,heconnivedwiththe
counterfeitersorimporters
Q:Whatiscounterfeiting?
A:
1. ForgingthegreatsealoftheGovernment A: Counterfeiting means to imitate a coin that is
ofthePhilippines genuine. It gives an appearance of one of legal
tender. The coin is counterfeit even if it has more
2. ForgingthesignatureofthePresident intrinsicvaluethanthecoinoflegaltender.

3. ForgingthestampofthePresidentofthe Q:Apersongaveacoppercenttheappearanceof
GovernmentofthePhilippines asilverpiece,itbeingsilverplated,andattempted
to pay with it a package of cigarettes which he
Note: When the Presidents signature is forged, it is bought at a store. What crime, if any, was
not falsification but forging of signature of the Chief committed?
Executiveunderthisarticle.
A: Such person is not liable for counterfeiting of
USINGFORGEDSIGNATUREORCOUNTERFEIT coin,butforestafaunderArt.318.(Reyes,2008)
SEALORSTAMP(Art.162)
Q: What is the criterion used in determining
Q:Whataretheelementsofthiscrime? whetheracoinisacounterfeitornot?

A: A: The criterion is that the imitation must be such
1. Great Seal of the Republic was as to deceive an ordinary person in believing it to
counterfeited or the signature or stamp be genuine. Consequently, if the imitation is so
of the Chief Executive was forged by imperfect that no one was deceived, the felony
anotherperson cannotbeconsummated.

2. Offender knew of the counterfeiting or Q:Canformercoinswithdrawnfromcirculationbe
forgery counterfeitedunderArt.163?

3. He used the counterfeit seal or forged A: Yes. Art. 163 mentions coin without any
signatureorstamp qualifyingwordssuchascurrent.

Note: Offender here should not be the forger or the Note:Thereasonforpunishingthefabricationofcoin
cause of counterfeiting; otherwise the crime withdrawn from circulation is the possibility that the
committedisforgeryunderArt.161. counterfeiter may later apply his trade to the making
ofcoinsinactualcirculation.(Reyes,2008)
InusingtheforgedsignatureorstampofthePresident
of forged seal, the participation of the offender is in Q:Whatispunishedinimportingfalsecoins?
effectthatofanaccessory.Althoughthegeneralruleis
that he should be punished by a penalty 2 degrees A: It is the mere act of importing that is being
lower,underArt.162,heispunishedbyapenaltyonly
punished, even if the coins are not placed in
1degreelower.
circulation.

COUNTERFEITINGCOINS
Q:Whatismeantbyutteringofcoins?

MAKINGANDIMPORTINGANDUTTERINGFALSE
A: Uttering means to circulate, to pass counterfeit
COINS(Art.163)
coins.

Q: What are the kinds of coins the counterfeiting
ofwhichispunished?
125

A:
A: 1. Coinmutilatedisoflegaltender
1. Silver coin of the Philippines or coins of 2. Offender gains from the precious metal
theCentralBankofthePhilippines dustabstractedfromthecoin
2. Coin of the minor coinage of the 3. Ithastobeacoin.
Philippines or of the Central of the Bank
ofthePhilippines Note:Foreignnotesandcoinsarenotincludedunder
3. Coinofthecurrencyofaforeigncountry. thisarticle.Also,theremustbeintentiontomutilate.

Note: With respect to par. 3 the use of the word SELLINGOFFALSEORMUTILATEDCOIN,
currencyisnotcorrectbecausetheSpanishtextuses WITHOUTCONNIVANCE(Art.165)
the word moneda which embraces not only those
thatarelegaltender,butalsothoseoutofcirculation. Q:Whatarethepunishableacts?

Q:Whataretheactsoffalsificationorfalsity? A:
1. Possession of coins counterfeited or
A: mutilated by another person, with intent
1. Counterfeiting refers to money or toutterthesame,knowingthatitisfalse
currency ormutilated.

2. Forgery refers to instruments of credit 2. Actually uttering such false or mutilated
and obligations and securities issued by coin, knowing the same to be false or
thePhilippineGovernmentofanybanking mutilated.
institution authorized by the Philippine
governmenttoissuethesame Note:Constructivepossessionorthesubjectionofthe
thingtoonescontrolisincluded.
3. Falsification can only be committed in
respectofdocuments Accusedmusthaveknowledgeofthefactthatthecoin
isfalse.
Q: What crimes may be committed in relation to
coinsincirculation? Q: In Art. 165, is it necessary that the
counterfeitedcoinisalegaltender?
A:Counterfeitingandmutilationofcoins.
A:G.R.:No.
MUTILATIONOFCOINSIMPORTATIONAND
UTTERANCEOFMUTILATEDCOINS XPN:Ifthecoinisamutilatedcoin,itmustbea
(Art.164) legaltender.

Q:Whatarethepunishableacts? Q:Whatifthefalseormutilatedcoinsarefoundin
possession of the counterfeiters or mutilators or
A: importers?
1. Mutilatingcoinsoflegalcurrencywiththe
further requirement that there be intent A: Such possession does not constitute a separate
todamageordefraudanother offense but is punished either under Art. 163 or
164.
2. Importing or uttering such mutilated
coins, with the further requirement that Note: P.D. 427 punishes possession of silver or nickel
there must be connivance with the coins in excess of P50.00. It is a measure of national
mutilatororimporterincaseofuttering. policy to protect the people from the conspiracy of
those hoarding silver or nickel coins and to preserve
andmaintaintheeconomy.
Q:Whatismutilation?

A: Mutilation means diminishing or taking off by

ingenuous means part of the metal in the coin

either by filing or substituting it for another metal

ofinferiorquality.

Q:Whataretherequisitesofmutilation?

126

CRIMINALLAWTEAM:
FORGINGTREASURYORBANKNOTESOROTHER 3. Other obligations and securities payable

DOCUMENTSPAYABLETOBEARER;IMPORTING, tobearer
ANDUTTERINGSUCHFALSEORFORGEDNOTES
ANDDOCUMENTS;IMPORTING,ANDUTTERING Note: Falsification of PNB checksisnot forgeryunder
SUCHFALSEORFORGEDNOTESANDDOCUMENTS Art. 166 of RPC but falsification of commercial
(Art.166) documentsunderArt.172inconnectionwithArt.171
oftheRPC.
COUNTERFEITING,IMPORTINGANDUTTERING
A: INSTRUMENTSNOTPAYABLETOBEARER
1. Forgingorfalsificationoftreasuryorbank (Art.167)
notes or other documents payable to
bearer. Q:Whataretheelementsofthiscrime?

2. Importation of such false or forged A:
obligationsornotes. 1. There be an instrument payable to order
or other document of credit not payable
Note: It means to bring them into the tobearer
Philippines, which presupposes that the
obligationsornotesareforgedorfalsifiedin 2. Offender forged, imported or uttered
aforeigncountry. suchinstrument

3. Uttering obligations or note knowing 3. In case of uttering, he connived with the
themtobefalseorforged,whethersuch forgerorimporter
offer is accepted or not, with a
representation. Q: What are the acts of forgery punished under
Art.167?
Note:Itmeansofferingobligationsornotes
knowing them to be false or forged, A:
whethersuchofferisacceptedornot,with 1. Forging instruments payable to order or
arepresentation. documents of credit not payable to
bearer
Q:Xpleadedguiltytothechargeofhavingpassed 2. Importingsuchfalseinstruments
a P20 counterfeit bill in a store. Can he be held 3. Uttering such false instruments in
guiltyofviolatingArt.166? connivance with the forger or the
importer
A:No.Utteringforgedbillmustbewithconnivance
with the authors of the forgery to constitute a Note: Connivance is not required in uttering if the
violationofArt.166.(Reyes,2008) uttereristheforger.

Q: What is the difference between forgery and Counterfeiting under this article must involve an
falsification? instrument payable to order or other document of
creditnotpayabletobearer.
A:
FORGERY FALSIFICATION ILLEGALPOSSESSIONANDUSEOFFALSE
Committedbygivingtoa Committedbyerasing, TREASURYORBANKNOTESANDOTHER
treasuryorbanknoteor substituting, INSTRUMENTS(Art.168)
anyinstrumentpayable counterfeiting,oraltering
tothebearerortoorder byanymeans,thefigures, Q:Whataretheelementsofthiscrime?
theappearanceoftrue letters,words,orsigns
andgenuinedocument. containedtherein. A:
1. Any treasury or bank notes or certificate
Q: What are the notes and other obligations and or other obligation and security payable
securities that may be forged or falsified under to bearer, or any instrument payable to
Art.166? order or other document of credit not
payabletobearerisforgedorfalsifiedby
A: anotherperson
1. Treasuryorbanknotes 2. Offender knows that any of those
2. Certificatesand instrumentsisforgedorfalsified
127

3. Heperformsanyoftheseacts: originally made payable to B or his order, he
a. Using any of such forged or falsified converted the treasury warrant to one payable to
instrument;or bearer. It had the effect of erasing the phrase or
b. Possessing with intent to use any of his order upon the face of the warrant. (U.S. v.
suchforgedorfalsifiedinstruments Solito)

Note: The act being punished under Art. 168 is Note:ForgeryundertheRPCappliestopapers,which
knowingly possessing with intent to use any such areintheformofobligationsandsecuritiesissuedby
forgedtreasuryorbanknotes. the Philippine Government as its own obligations,
which are given the same status as legal tender. E.g.
Q: Is possession of false treasury or bank notes Treasuryandbanknotes.
alone without intent to use a criminal offense
enoughtoconsummatethecrime? If all acts are done but genuine appearance is not
given,thecrimeisfrustrated.
A: No. But mere possession with intent to utter
consummates the crime of illegal possession of Q:Wheniscounterfeitingnotforgery?
falsenotes.
A:Thesubjectofforgeryshouldbetreasuryorbank
Note:Apersoninpossessionoffalsifieddocumentand notes. If the subject of forgery were a document
who makes use of the same is presumed to be the other than these, the crime would be falsification.
materialauthoroffalsification. (Boado,2008)

The accused has the burden to give satisfactory Q:Whatistheessenceofforgery?
explanationofhispossessionofforgedbills.
A:Theessenceofforgeryisgivingadocumentthe
FORGERY(Art.169) appearanceofatrueandgenuinedocument.

Q:Howisforgerycommitted? Q: In checks and other commercial documents,
howisforgerycommitted?
A:
1. By giving to a treasury or bank note or A:Forgeryiscommittedwhenthefiguresorwords
any instrument payable to bearer or to arechangedwhichmateriallyaltersthedocument.
ordermentionedtherein,theappearance
ofatrueandgenuinedocument Q:Inacasewheretheaccused,insteadofcarrying
outhisintention,threwawaytheforgednote,can
2. Byerasing,substituting,counterfeiting,or hebemadeliable?
alteringbyanymeansthefigures,letters,
words, or signs contained therein. (Art. A: No, for the law will not close the door of
169) repentanceonhim,whohavingsetfootonthepath
of crime, retraces his steps before it is too late
Q:Xcausedtheprintingofthechecksanddirected (Peoplev.Padilla,36O.G.2404)
the printer to incorporate therein the important
detailsandwordingscontainedinchecksregularly FALSIFICATIONOFLEGISLATIVEDOCUMENTS
issuedbyaUSgovernmentoffice.Whatcrimedid (Art.170)
Xcommit?
A:Xcommittedforgerywithinthemeaningofpar.1
of Art. 169 of the RPC on instruments payable to A:
order.(Peoplev.Orqueza) 1. There be a bill, resolution or ordinance
enactedorapprovedorpendingapproval
Q:Areceivedatreasurywarrant,acheckissuedby by either House of the Legislature or any
theGovernment.Itwasoriginallymadepayableto provincialboardormunicipalcouncil
B, or his order. A wrote Bs name on the back of 2. Offenderaltersthesame
said treasury warrant as if B had indorsed it, and 3. Hehasnoproperauthoritytherefore
then presented it for payment. It was paid to A. 4. Alteration has changed the meaning of
WhatcrimedidAcommit? thedocument

A: This is forgery because when A wrote Bs name
on the back of the treasury warrant which was
128

CRIMINALLAWTEAM:
Note: The offender must not be a public official e.Drafts

entrusted with the custody or possession of such f.Billsoflading
document,otherwiseArt.171willapply.
Note: Under the Rules of Court, there are only two
Thebill,resolutionorordinancemustbegenuine. kindsofdocumentprivateandpublicdocument.

Q:Definedocument. Public document is broader than the term official
document. Before a document may be considered
A: It is any written instrument by which a right is official,itmustfirstbepublicdocument.Tobecomean
established or an obligation is extinguished, or officialdocument,theremustbealawwhichrequires
everydeedorinstrumentexecutedbyapersonby apublicofficertoissueortorendersuchdocument.
which some disposition or agreement is proved,
E.g.Acashierisrequiredtoissueanofficialreceiptfor
evidencedorsetforth.
theamounthereceives.Theofficialreceiptisapublic
documentwhichisanofficialdocument.
Q:Whatarethekindsofdocuments?
Q: What are examples of writings that do not
A: constitutedocuments?
1. Public document any instrument
notarizedbyanotarypublicorcompetent A:
public official with the solemnities 1. Adraftofamunicipalpayrollwhichisnot
requiredbylaw. yetapprovedbytheproperauthority

E.g.
2. Mere blank forms of official documents,
a. Civilserviceexaminationpapers
thespacesofwhicharenotfilledup
b. Official receipt required by the
government to be issued upon receipt

ofmoneyforpublicpurposes 3. Pamphlets or books which are mere
c. Residencecertificate merchandise, not evidencing any
d. Driverslicense dispositionoragreement

2. Officialdocumentanyinstrumentissued Q:Whatarethefiveclassesoffalsification?
by the government or its agents or
officershavingauthoritytodosoandthe A:
offices, which in accordance with their 1. Falsificationoflegislativedocuments
creation,theyareauthorizedtoissue.
2. Falsification of a document by a public
E.g. Register of attorneys officially kept by officer,employeeornotarypublic
theClerkoftheSupremeCourtinwhichitis
inscribed the name of each attorney 3. Falsification of public or official, or
admittedtothepracticeoflaw. commercial documents by a private
individual
3. Private document every deed or
instrument by a private person without 4. Falsification of private document by any
theinterventionofthenotarypublicorof person
any other person legally authorized, by
which document some disposition or 5. Falsification of wireless, telegraph and
agreement is proved, evidenced or set telephonemessages
forth.
Q:Howisdocumentfalsified?
4. Commercial document any instrument
executed in accordance with the Code of A: A document is falsified by fabricating an
Commerce of any mercantile law inexistentdocumentorbychangingthecontentsof
containing disposition of commercial an existing one through any of the 8 ways
rightsorobligations. enumeratedunderArt.171.

E.g. Note: R.A. 248 prohibits the reprinting, reproduction
a.Billsofexchange orrepublicationofgovernmentpublicationswithout
b.LettersofCredit
c.Checks
d.Quedans
129

FALSIFICATIONBYPUBLICOFFICER,EMPLOYEEOR e. Alteringtruedates
NOTARYORECCLESIASTICALMINISTRY
(Art.171) Note: This mode of falsification is
committed only if the true date is
Q:Whataretheelementsofthiscrime? essential.

f. Making any alteration or
A: intercalation in a genuine document
1. Offenderisapublicofficer,employee,or whichchangesitsmeaning
notarypublic.
Note:Thealterationmustaffecteither
2. Hetakesadvantageofhisofficialposition the veracity of the document or the
effectthereof.
a. He has the duty to make or prepare
The alteration which makes a
or to otherwise intervene in the
document speak the truth does not
preparationofthedocument;or
constitutefalsification.
b. He has the official custody of the

documentwhichhefalsifies.
g. Issuing in authenticated form a

document purporting to be a copy
3. He falsifies a document by committing
of any original document when no
anyofthefollowingacts:
such copy a statement contrary to,
a. Counterfeiting or imitating any
ordifferentfromthatofthegenuine
handwriting,signatureorrubic;
original

Note: It is not necessary that the
h. Intercalating any instrument or note
imitation be perfect, it is enough that
therebeanattempttoimitate,andthe
relative to the issuance thereof in a
two signatures (the genuine and the protocol,registryorofficialbook.
forged), bear some resemblance to
eachother. Note:In1st,2nd,6th,7th(2ndpart),8thmode
of falsification, there must be genuine
b. Causing it to appear that persons document.

have participated in any act or
Inotherparagraphsof171,falsificationmay
proceedingwhentheydidnotinfact
becommittedbysimulatingorfabricatinga
soparticipate; document.
c. Attributing to persons who have
participated in an act or proceeding Where the vault keeper extracted the
statement other than those in fact original of marriage contract in the file and
madebythem; changeditwithanotherdocumentsoasnot
d. Making untruthful statements in a todisruptthenumberingofthedocuments
narrationoffacts numerically filed, to help prove the claim
that no marriage was solemnized, he is
Elements: guilty of Falsification for intercalating any
i. That the offender makes in a instrument or note relative to the issuance
document untruthful statements thereof in a protocol, registry or official
inanarrationoffacts; book.
ii. That he has legal obligation to
disclose the truth of the facts 4. In case the offender is an ecclesiastical
narratedbyhim; minister, the act of falsification is
iii. The facts narrated by the committed with respect to any record or
offenderareabsolutelyfalse. document of such character that the
iv. The untruthful narration must be falsification may affect the civil status of
such as to affect the integrity of persons.
the document or to change the

effects which it would otherwise
Q:Xwaschargedwithfalsificationbecauseinher
produce.

certificate of candidacy for the position of
Note: This kind of falsification may be councilor she had willfully and unlawfully made
committedbyomission. the false statement that she was eligible to said

130

CRIMINALLAWTEAM:
office although she knew fully well that she was a. Offender is a private individual or
under23yearsold.Wasthechargeproper? public officer or employee who did
not take advantage of his official
A:No.Whentheaccusedcertifiedshewaseligible position
for the position, she practically wrote a conclusion b. Hecommittedanyactoffalsification
of law. Hence she may not be declared guilty of c. The falsification is committed in a
falsification because Art. 171 punishes untruthful public, official, or commercial
statementsinnarrationoffacts.(Peoplev.Yanza) documentorletterofexchange

Q:Whoarethepersonsliable? Note: Under this par., damage is not
essential.Itispresumed.
A:
1. Publicofficer,employees,ornotarypublic Lackofmaliceorcriminalintentmaybeput
whotakesadvantagesofofficialposition upasadefenseunderthisarticle,aswhenit
is with the authority of the heirs of a
2. Ecclesiastical minister if the act of deceasedinadeedofsale.

falsification may affect the civil status of
Cash disbursement vouchers or receipts
persons
evidencing payments are not commercial
documents.
3. Private individual, if in conspiracy with
publicofficer Amereblankformofanofficialdocumentis
notinitselfadocument.
Q: Augustina filed a criminal complaint against
Bernante for falsification of public document The possessor of falsified document is
because the latter allegedly falsified leave forms. presumedtobetheauthoroffalsification.
ItwasallegedthatBernantemadeitappearinhis
leaveapplicationthathewasonforcedleaveand 2. Falsification of private document by any
on vacation leave on certain dates. In truth, person
Bernante was serving a 20day prison term
because of his conviction of the crime of slight Elementsunderparagraph2:
physicalinjuries.IsBernanteliableforthecrimeof a. Offender committed any of the acts
falsificationofdocuments? of falsification except Art. 171 (7),
that is issuing in an authenticated
A:No.Augustinafailedtopointtoanylawimposing formadocumentpurportingtobea
upon Bernante the legal obligation to disclose copy of an original document when
wherehewasgoingtospendhisleaveofabsence. nosuchoriginalexists,orincludingin
Legal obligation means that there is a law suchacopyastatementcontraryto,
requiring the disclosure of the truth of the facts ordifferentfromthatofthegenuine
narrated. Bernante may not be convicted of the original
crimeoffalsificationofpublicdocumentbymaking b. Falsification was committed in any
false statements in a narration of facts absent any privatedocument
legal obligation to disclose where he would spend c. Falsificationcausedamagetoathird
his vacation leave and forced leave. (Enemecio v. partyoratleastthefalsificationwas
Office of the Ombudsman [Visayas] G.R. No. committedwithintenttocausesuch
146731,Jan.13,2004) damage

FALSIFICATIONBYPRIVATEINDIVIDUALSANDUSE Note: It is not necessary that the offender
OFFALSIFIEDDOCUMENTS profitedorhopedtoprofit.
(Art.172)
There is no falsification through reckless
Q:Whatarethepunishableacts? imprudence if the document is private and
noactualdamageiscaused.
A:
1. Falsification of public official or If the estafa was already consummated at
the time the falsification of a private
commercial document by a private
document was committed for the purpose
individual.
of concealing the estafa, the falsification is
not punishable. As regards to the
Elementsunderparagraph1:
131

falsification of the private document, there Note:Theuserofthefalsifieddocumentsis
wasnodamageorintenttocausedamage. deemed the author of the falsification, if:
1.Theusewassocloselyconnectedwiththe
A private document may require the falsification;and2.theuserhadcapacityof
character of a public document when it falsifyingthedocument.
becomes part of an official record and is
certifiedbypublicofficerdulyauthorizedby Q:Isdamagearequirementintheuseoffalsified
law. document?

The crime is falsification of public A:Theelementofdamagetoanotherisarequisite
documents even if the falsification took only when the falsified document is introduced in
place before the private document become evidenceinaproceedingotherthanjudicial.
partofthepublicrecord.

Q: If a person used a falsified document what
Damagetooneshonorisincluded.(People
shouldbetheproperchargeagainsthim?
v.Marasigan)

A: Falsification of documents because of the legal
Q: Is there a complex crime of estafa through
principle that when a person made use of falsified
falsificationofaprivatedocument?
document,heisdeemedtobethefalsifier.

A:NO,becausetheimmediateeffectoffalsification
Note:Onlywhenheisacquittedtherefromwillhebe
ofprivatedocumentisthesameasthatofestafa.
prosecutedforthecrimeofuseoffalsifieddocument.
(Boado,2008)
Q: In falsification of privatedocuments, whatwill
determinewhetherthecrimecommittedisestafa Note: If the crime was use of falsified document, the
orfalsification? nature of the document is not controlling. In this
crime, the purpose for knowingly using falsified
A: If the falsification of the private document was document is essential. But if the document is
essential in the commission of estafa because presented in court, even if rejected, the mere offer
without the falsification, estafa cannot be thereofiscriminal.(Boado,2008)
committed, the crime is falsification. Estafa
becomes the consequence of the crime. If the Q: Is there such crime as attempted/ frustrated
estafacanbecommittedevenwithoutresortingto falsification?
falsification,themaincrimeisestafa.
A:None.Falsificationisconsummatedthemoment
3. Useoffalsifieddocument. thegenuinedocumentisalteredofthemomentthe
falsedocumentisexecuted.(Reyes,2008)
Elementsunderthelastparagraph:
a. In introducing in a judicial Q: In what instance will falsification not give rise
proceeding tocriminalliability?
i. Offender knew that the
document was falsified by A:Wheretheintenttopervertthetruthisabsent.
anotherperson Intentional falsification requires criminal intent to
ii. The falsified document is in falsify. Lack of criminal intent is shown by the
Articles171or172(1or2) followingcircumstances:
iii. Heintroducedsaiddocumentin a. Accused did not benefit out of the
evidence in a judicial falsification,and
proceeding b. No damage has been caused either
to the government or third person.
b. Inuseinanyothertransaction (Boado,2008)
i. Offenderknewthatadocument Q:Whatarethedistinctionsbetweenfalsification
wasfalsifiedbyanotherperson ofpublicdocumentandprivatedocument?
ii. Thefalsedocumentisembraced
inArt.171or172(1or2) A:
iii. Heusedsuchdocument FALSIFICATIONOF FALSIFICATIONOF
iv. The use caused damaged to PUBLICDOCUMENT PRIVATEDOCUMENT
another or at least used with Asidefromfalsification,
intenttocausedamage Merefalsificationis prejudicetoathird
enough personorintenttocause
it,isessential.
132

CRIMINALLAWTEAM:
Canbecomplexedwith
othercrimesiftheactof Thereisnocomplex 3. Usingsuchfalsifiedmessage
falsificationwasthe crimeofestafathrough Elements:
necessarymeansinthe falsificationofaprivate a. Offender knew that wireless, cable,
commissionofsuch document.Hence,when telegraph, or telephone message
crimes,likeestafa,theft, onemakesuseofa was falsified by an officer or
ormalversation. privatedocument,which employee of a private corporation,
hefalsified,todefraud
engagedintheserviceofsendingor
E.g.Malversationthrough another,thereresults
receiving wireless, cable or
falsificationofapublic onlyonecrime:thatof
telephonemessage
document;Estafa falsificationofaprivate
throughfalsificationofa document. b. Heusedsuchfalsifieddispatch
publicdocument. c. Theuseresultedintheprejudiceofa
third party or at least there was
Note: Falsification has no attempted or frustrated intenttocausesuchprejudice
stage. Falsification is consummated the moment the
genuinedocumentisalteredorthemomentthefalse Note:ActNo.1851,Sec.4,punishesprivateindividuals
documentisexecuted. whoforgeoraltertelegrams.

Q:Doesthepaymentmadeshowslackofdamage Thepublicofficer,tobeliablemustbeengagedinthe
service of sending or receiving wireless, cable and
andconsequently,negatescriminalintent?
telegraphortelephonemessage.

A:No.Theabsenceofdamagedoesnotnecessarily
Forutteringorfalsifying,aprivateindividualmaybea
imply that there can be no falsification as it is principal by inducement but not direct participation.
merely an element to be considered to determine Foruseofafalsifiedmessage,theoffendermaybeany
whether or not there is criminal intent to commit person.
falsification. It is a settled rule that in the
falsificationofpublicorofficialdocuments,itisnot Q: A telegraph operator, who received two
necessarythattherebepresenttheideaofgainor telegramsfortransmission,reducedthenumberof
the intent to injure a third person. This is so words of the telegraph messages by twelve and
because in the falsification of a public document, eightwords,withouthavingbeenauthorizedtodo
the principal thing punished is the violation of the so by the sender. He pocketed the differences in
public faith and the destruction of the truth as thepriceschargedinthesumsofP0.72and0.48,
thereinsolemnlyproclaimed.(Lastrillav.Granda,G. respectively.Whatcrime,ifany,didthetelegraph
R.No160257,Jan.31,2006) operatorcommit?

A: He was guilty of falsification of telegraph
FALSIFICATIONOFWIRELESS,CABLE,TELEGRAPH, messages.(U.S.v.Romero)
ANDTELEPHONEMESSAGES,ANDUSEOFSAID
FALSIFIEDMESSAGES FALSEMEDICALCERTIFICATES,FALSE
(Art.173) CERTIFICATESOFMERITORSERVICEETC.
(Art.174)
A:
1. Uttering fictitious, wireless, telegraph or A:
telephonemessage 1. Issuanceoffalsecertificatebyaphysician
or surgeon in connection with the
2. Falsifyingwireless,telegraphortelephone practiceofhisprofession
message
Elements: Note: It is essential that the medical
a. Offenderisanofficeroremployeeof certificateisusedknowingittobefalse.
the government or an officer or
employee of a private corporation 2. Issuance of a false certificate or merit or
engagedintheserviceofsendingor service, good conduct or similar
receiving wireless, cable or circumstancesbyapublicofficer;
telephonemessage
b. He falsifies wireless, cable telegraph Note:Intenttogainisimmaterial.Butifthe
ortelephonemessage public officer issued the false certificate in
133

consideration of a promise, gift or reward, MANUFACTURINGANDPOSSESSION.OF
hewillalsobeliablebribery. INSTRUMENTSORIMPLEMENTSFOR
FALSIFICATION(Art.176)
3. Falsification by a private person of any
certificatefallingwithin1and2. Q:Whatarethepunishableacts?

Q:Whatisacertificate? A:
1. MakingorintroducingintothePhilippines
A: Any writing by which testimony is given that a any stamps, dies, marks, or other
facthasorhasnottakenplace. instruments or implements for
counterfeitingorfalsification
Q:WhoarethepeopleliableunderthisArticle?
2. Possessing with intent to use the
A: instrument or implements for
1. Physicianorsurgeon counterfeiting or falsification made in or
2. Publicofficer introduced into the Philippines by
3. Private individual who falsified a anotherperson
certificatefallingintheclassesmentioned
innos.1and2. Q:Isitnecessarythattheimplementsconfiscated
form a complete set for counterfeiting or
Note: Falsification of certificate of large cattle is not falsification?
coveredbyArt.174.Thecertificateoflargecattleisa
publicdocumentanditsfalsificationiscoveredbyArt. A:No,itbeingenoughthattheymaybeemployed
171orArt.172,dependingonwhethertheoffenderis by themselves or together with other implements
apublicofficeroraprivateindividual.
to commit the crime of counterfeiting or

falsification.
ThephraseorsimilarcircumstancesinArt.174does

notseemtocoverproperty,becausethecircumstance
contemplatedmustbesimilartomerit,service,or
Art. 165 and 176 punish not only actual physical
goodconduct. possession,butalsoconstructivepossessionorthe
subjectionofthethingtoonescontrol.
USINGFALSECERTIFICATES
(Art.175) OTHERFALSITIES

Q:Whataretheelementsofthiscrime? USURPATIONOFAUTHORITYOROFFICIAL
FUNCTIONS(Art.177)
A:
1. Aphysicianorsurgeonhadissuedafalse Q:Whataretheformsofusurpation?
medical certificate, or public officer had
issue a false certificate or service, good A:
conduct, or similar circumstance, or a 1. Usurpation of Authority Knowingly and
private person had falsified any of said falsely representing oneself to be an
certificates officer, agent or representative of any
department or agency of the Philippine
2. Offender knew that the certificate was Governmentoranyforeigngovernment.
false
Note: Under the first form, mere false
representation is sufficient to bring about
3. Heusedthesame
criminalliability.

Note:WhenanyoffalsecertificatesmentionedinArt.
Theremustbepositive,expressandexplicit
174 is used in judicial proceedings, Article 172 does
representation.
not apply because it is limited only to those false
documentsembracedinArticles171and172.

2. Usurpation of Official Functions
Ratio: Use of false document in judicial proceeding Performing any act pertaining to any
under Art. 172 is limited to those false document personinauthorityorpublicofficerofthe
embracedinArts.171and172. Philippine Government or of a foreign
governmentoranyagencythereof,under
pretense of official position, and without
beinglawfullyentitledtodoso.
134

CRIMINALLAWTEAM:
Q:Whatisafictitiousname?
Note:Underthesecondform,withoutfalse
pretensethere is no crime of usurpation of A: Fictitious name is any other name which a
authority. personpubliclyappliestohimselfwithoutauthority
oflaw.
Q:Canapublicofficialcommitthiscrime?
Q: What are the distinctions between using
A: Yes. Violation of Art. 177 is not restricted to fictitiousnameandconcealingtruename?
privateindividuals,publicofficialsmayalsocommit
thiscrime. A:
CONCEALINGTRUE
Note:Itdoesnotapplytoanoccupantundercolorof USINGFICTITIOUSNAME
NAME
title. If it can be proven that the usurpation of Elementofpublicitymustbe Elementofpublicity
authority orofficial functionsby accusedwas done in present. isnotnecessary.
goodfaithorunderclothofauthority,thenthecharge Thepurposeiseithertoconceal
ofusurpationwillnotapply. Thepurposeis
acrime,toevadetheexecution
merelytoconceal
ofajudgment,ortocause
R.A. 75 provides penalty for usurping authority of identity.
damage.
diplomatic, consular or other official of foreign
government. Note: The crimeunder this article may be complexed
with the crime of delivering prisoners from jail, but
Q: To whom does the authority or function may not be complexed with evasion of service of
usurpedpertain? sentence.

A: The function or authority usurped must pertain COMMONWEALTHACTNo.142,
to: asamendedbyR.A.No.6085
1. Thegovernment (AnActRegulatingtheUseofAliases)
2. Anypersoninauthority
3. Anypublicofficer Q:Whatdoesthislawprohibit?

USINGFICTICIOUSNAMEANDCONCEALINGTRUE A:
NAME(Art.178) GR: No person shall use any name different
from the one with which he was registered at
Q:Whatarethepunishableacts? birth in the office of the local civil registry, or
with which he was registered in the bureau of
A: immigration upon entry; or such substitute
1. Usingfictitiousname name as may have been authorized by a
competentcourt.
Elements:
a. Offenderusesanameotherthanhis XPN: Pseudonym solely for literary, cinema,
realname television,radio,orotherentertainmentandin
b. Heusesthefictitiousnamepublicly athletic events where the use of pseudonym is
c. Purposeofuseistoconcealacrime, normallyacceptedpractice.
to evade the execution of a
judgment or to cause damage (to Note: Any person desiring to use an alias shall apply
publicinterest) forauthoritythereforeinproceedingslikethoselegally
providedtoobtainjudiciallyauthorityforachangeof
Note: If the purpose is to cause damage to name.
private interest, the crime will be estafa
underArt.315,subdivision2Par(a). No person shall be allowed to secure such judicial
authorityformorethanonealias.
2. Concealingtruename
Thejudicialauthorityfortheuseofalias,theChristian
Elements: name and the aliens immigrant name shall be
a. Offenderconcealshistruenameand recorded in the proper local civil registry, and no
otherpersonalcircumstances personshalluseanyname/sotherthanhisoriginalor
b. Purpose is only to conceal his real name unless the same is or are duly recorded in
identity theproperlocalcivilregistry.

135

Q: Does the commonlaw wife incur criminal what is true, or to deny the same or to alter
liabilityifheusesthesurnameofhiscommonlaw essentialtruth.
husband?
Note: Committed by a person who, being under oath
A: A commonlaw wife does not incur criminal and required to testify as to the truth of a certain
liability under the AntiAlias Law if she uses the matter at a hearing before a competent authority,
surnameofthemanshehasbeenlivingwithforthe shalldenythetruthorsaysomethingcontrarytoit.
past 20 years and has been introducing herself to Q: What are the three forms of false testimony?
thepublicashiswife.
A:Falsetestimonyin:
ILLEGALUSEOFUNIFORMORINSIGNIA 1. CriminalCases
(Art.179) 2. CivilCases
3. OtherCases
Q: Can a false testimony be committed thru
A: negligence?
1. Offender makes use of insignia, uniform
ordress A: No. False testimony requires a criminal intent
2. Theinsignia,uniformordresspertainsto andcannotbecommittedthrunegligence.Itcould
anofficenotheldbytheoffenderortoa notbefrustratedorattempted.
class of persons of which he is not a
member Q: What is the reason for punishing false
3. Said insignia, uniform, or dress is used testimony?
publiclyandimproperly
A: Falsehood is ever reprehensible; but it is
Q: Is it required that there be exact imitation of particularly odious when committed in a judicial
uniform to constitute illegal use of uniforms or proceeding,asitconstitutesanimpositionuponthe
insignia? court and seriously exposes it to a miscarriage of
justice.
A:No.Colorableresemblancecalculatedtodeceive
ordinarypersonsissufficient. FALSETESTIMONYAGAINSTTHEDEFENDANT
(Art.180)
Q:Whatismeantbyimproperuseofuniformor
insignia? Q:Whataretheelementsofthiscrime?

A: It means that the offender has no right to use A:
theuniformorinsignia. 1. Thereisacriminalproceeding
2. Offender testifies falsely under oath
Note:Usinguniform,decoration,orregaliaofaforeign againstthedefendanttherein
StateispunishedbyR.A.75. 3. Offender who gives false testimony
knowsthatitisfalse
Wearing insignia, badge or emblem of rank of the 4. Defendant against whom the false
members of the AFP or Constabulary is punished by testimony is given is either acquitted or
R.A. 493 except if used in playhouse or theater or in convictedinafinaljudgment
movingpicturefilms.
Note: The offender must however testify on material
Wearing the uniform of an imaginary office is not matters so that even if he actually lied during his
punishable. testimony on immaterial matters, like his or her age,
thisarticleisnotviolated.
EO 297 punishes the illegal manufacture, sale,
distribution and use of PNP uniforms, insignias and Violationofthisarticlerequirescriminalintent.Hence,
otheraccoutrements. itcannotbecommittedthroughnegligence.

FALSETESTIMONY Q:Istherefalsetestimonyevenifthetestimonyis
notconsideredbythecourt?
Q:Whatisafalsetestimony?
A:Yes,becausewhatisbeingconsideredhereisthe
A:Afalsetestimonyisadeclarationunderoathofa tendencyofthetestimonytoestablishoraggravate
witnessinajudicialproceedingwhichiscontraryto
136

CRIMINALLAWTEAM:
theguiltoftheaccusedandnottheresultthatthe FALSETESTIMONYINCIVILCASES
testimonymayproduce. (Art.182)

Note: Defendant must be sentenced to at least a Q:Whataretheelementsofthiscrime?
correctionalpenaltyorafineormustbeacquitted.
A:
Theoffenderneednotimputeguiltupontheaccused
1. Testimonymustbegiveninacivilcase.
to be liable. For this crime to come into play, the
2. It must relate to the issues presented in
decision in the criminal case where he testified must
havebeenalreadyfinal.
saidcase
3. Itmustbefalse
Art.180appliestoSpecialPenalLawsbecauseSpecial 4. It must be given by the defendant
PenalLawsfollowthenomenclatureoftheRPC. knowingthesametobefalse
5. It must be malicious and given with an
FALSETESTIMONYFAVORABLETOTHE intent to affect the issued presented in
DEFENDANT(Art.181). saidcase

Q:Whatisessentialinthiscrime? Q: Suppose the false testimony is given a special
proceeding (i.e. probate proceeding), what is the
A:Intenttofavortheaccused crimecommitted?

Note:Falsetestimonyinfavorofadefendantneednot A: Perjury is committed if the false testimony is
directlyinfluencethedecisionofacquittalanditneed given in special proceedings. Art. 182 is not
not benefit the defendant. The intent to favor applicable when the false testimony is given in
defendantissufficient. specialproceedings.

Q: Is rectification made spontaneously after Note: The basis of penalty is the amount involved in
realizingthemistakeafalsetestimony? thecivilcase.

A:No. The criminal action in false testimony must be
suspended when there is a pending determination of
Note:Falsetestimonybynegativestatementisstillin the falsity of the subject testimonies of private
favorofthedefendant. respondents in the civil case. (Ark Travel Express v.
JudgeAbrogar,410SCRA148,2003)
Astatementofmereopinionisnotpunishable.
Q:Whatistheeffectonprescriptiveperiodofthe
Convictionoracquittalisnotnecessary(finaljudgment classificationofthefalsetestimonyastowhether
isnotnecessary),butgravityofcrimeinprincipalcase it was given in favor or against the accused in a
shouldbeshown. criminalcase?

Q:Canadefendantwhofalselytestifiedinhisown A:Theclassificationsignificantindeterminingwhen
behalf in a criminal case be guilty of false theprescriptiveperiodbeginstorun:
testimonyfavorabletothedefendant?
1. In Favor right after the witness testified
A:Yes.Itmustnotbeforgottenthattherightofan falsely, the prescriptive period
accused to testify in his own behalf is secured to commences to run because the basis of
him,notthathemaybeenabledtointroducefalse the penalty on the false witness is the
testimony into the record, but to enable him to felony charged to the accused regardless
spreadupontherecordthetruthastoanymatter of whether theaccused was acquitted or
within his knowledge which will tend to establish convictedorthetrialhasterminated.
hisknowledge.(U.S.v.Soliman)
2. Against period will not begin to run as
Note: The ruling in Soliman would only apply if the long as the case has not been decided
defendantvoluntarilygoesuponthewitnessstandand with finality because the basis of the
falselyimputestosomeotherpersonthecommission penalty on the false witness is the
ofagraveoffense.Ifhemerelydeniesthecommission sentenceontheaccusedtestifiedagainst
ofthecrimeorhisparticipationtherein,heshouldnot it.Whentheaccusedisacquitted,thereis
beprosecutedforfalsetestimony.(Reyes2008,p.269) alsoacorrespondingpenaltyonthefalse
witness for his false testimony. (Boado,
2008)
137

FALSETESTIMONYINOTHERCASES Q:Whatarethedistinctionsbetweenperjuryand
ANDPERJURYINSOLEMNAFFIRMATION falsetestimony?
(Art.183)
A:
Q:Whatarethepunishableacts? PERJURY FALSETESTIMONY
Anywillfulandcorrupt
A: assertionoffalsehoodon
Giveninthecourseofa
1. Falselytestifyingunderoath materialmatterunder
judicialproceeding
2. Makingafalseaffidavit. oathandnotgivenin
judicialproceedings
Q:Whataretheelementsofperjury? Contemplatesactualtrial
Thereisperjuryeven
wherejudgmentof
duringthepreliminary
A: convictionoracquittalis
investigation.
rendered.
1. Accusedmadeastatementunderoathor
Perversionoftruth
executed an affidavit upon a material
matter
Note: Mere assertion of falsehood is not enough to
2. Statementoraffidavitwasmadebeforea
amount to perjury. The assertion must be deliberate
competent officer, authorized to receive
andwillful.
andadministeroath

3. Inthatstatementoraffidavit,theaccused
Q:Whatcouldbeusedasadefense?
madeawillfulanddeliberateassertionof

afalsehood
A: Good faith or lack of malice is a defense in
4. Sworn statement or affidavit containing
perjury. The assertion must be deliberate and
thefalsityisrequiredbylaw
willful.

Note: The SC held that the statement need not be
Note: Falsely testifying under oath must not be in a
requiredbutthatitwassufficientifitwasauthorized
judicialproceeding.
by law to be made. (People v. Angangco G.R. No. L

47683,Oct.12,1943)
OFFERINGFALSETESTIMONYINEVIDENCE

(Art.184)
Q:Whatisperjury?

A: Perjury is the willful and corrupt assertion of

falsehood under oath or affirmation administered
A:
byauthorityoflawonamaterialmatter.
1. Offender offered in evidence a false

witnessorfalsetestimony
Q:Whatisanoath?
2. He knew the witness or testimony was

false
A:Oathisanyformofattestationbywhichaperson
3. Offer was made in a judicial or official
signifiesthatheisboundinconsciencetoperform
proceeding
anactfaithfullyandtruthfully.

Note: Art. 184 does not apply when the offender
Q:Whatismeantbymaterialmatter?
induced a witness to testify falsely. Art. 184 applies
when the offender knowingly presented a false
A:Materialmattermeansthemainfactwhichisthe witness,andthelattertestifiedfalsely.
subject of the inquiry or any circumstance which
tendstoprovethatfact,oranyfactorcircumstance Q:Whatissubordinationofperjury?
which tends to corroborate or strengthen the
testimony relative to the subject of inquiry, or A: It refers to the act of a person of procuring a
whichlegitimatelyaffectsthecreditofanywitness falsewitnesstotestifyandtherebycommitperjury.
whotestifies. Itistheactoftheprocurer.

Q:Whatisthetesttodeterminethematerialityof Q: Does subordination of perjury exist under the
thematter? RPC?

A:Thetestisnotwhethertheevidencewasproper A: No, subordination of perjury no longer exists
to be admitted but whether if admitted it could under the RPC but the act is punished as plain
properlyinfluencetheresultofthetrial.
138

CRIMINALLAWTEAM:
perjuryunderArt.183.Itis,however,requiredthat threatneednotbeeffectivenortheofferor
thefalsewitnessmustfirstbeconvictedofperjury giftaccepted.
before the subordinate may be prostituted for his
acts. Execution sales should be opened to free
and full competition in order to secure the
Note:Thefelonyisconsummatedthemomentafalse maximumbenefitforthedebtors.
witnessisofferedinanyjudicialorofficialproceeding.
MONOPOLIESANDCOMBINATIONSIN
Looking for a false witness is not punished by law as RESTRAINTOFTRADE(Art.186)
thatisnotofferingafalsewitness.
Q:Whatismonopoly?
The false witness need not be convicted of false
testimonyAmereoffertopresenthimissufficient. A: It is a privilege or peculiar advantage vested in
one or more persons or companies, consisting in
FRAUDS,MACHINATIONSINPUBLICAUCTIONS theexclusiverightorpowertocarryonaparticular
(Art.185) articleor controlthesaleorthewholesupplyofa
particularcommodity.
A: Q:Whatiscombinationinrestraintoftrade?
1. Soliciting any gift or promise as a
consideration for refraining from taking A: Combination in restraint of trade is an
partinanypublicauction. agreementorunderstandingbetweentwoormore
persons,intheformofcontract,trust,pool,holding
Elements: company or other form of association, for the
a. Thereisapublicauction purpose of unduly restricting competition,
b. Offender solicits any gift or monopolizing trade and commerce in a certain
compromisefromanyofthebidders commodity, controlling its production, distribution
c. Such gift or promise is the andprice,orotherwiseinterferingwithfreedomof
consideration for his refraining from tradewithoutauthority.
takingpartinthatpublicauction
d. Offenderhastheintenttocausethe Note: Monopoly refers to end while combination in
reduction of the price of the thing restraintoftradereferstomeans.
auctioned
Note: The crime is consummated by mere
act of soliciting a gift or promise, and it is A:
not required that the person making the 1. Combination to prevent free competition
proposalactuallyrefrainsfromtakingpartin inthemarket.
anyauction.
Elements:
2. Attemptingtocausebidderstostayaway a. Entering into any contract or
from an auction by threats, gifts, agreement or taking part in any
promisesoranyotherartifice. conspiracy or combination in the
formofatrustorotherwise
Elements: b. Inrestraintoftradeorcommerceor
a. Thereisapublicauction to prevent by artificial means free
b. Offender attempts to cause the competitioninthemarket
bidderstostayawayfromthatpublic
auction 2. Monopoly to restrain free competition in
c. It is done by threats, gifts, promises themarket.
oranyotherartifice
d. Offenderhastheintenttocausethe Elements:
reduction of the price of the thing a. Bymonopolizinganymerchandiseor
auctioned object of trade or commerce, or by
combining with any other person or
Note: Mere attempt to cause prospective persons to monopolize said
bidders to stay away from the auction is
merchandiseorobject
sufficient to constitute an offense. The
139

b. Inordertoalterthepricesthereofby Mereconspiracyorcombinationispunished.
spreading false rumors or making
useofanyotherartifice When the offense is committed by a corporation or
c. To restrain free competition in the association, the president and directors or managers
market who knowingly permitted or failed to prevent the
commissionofsuchoffenseareliable.
3. Manufacturer, producer, or processor or
The penalty is higher if the items involved are food
importer (persons liable) combining,
substance,motorfuelorlubricantsandgoodsorprime
conspiring or agreeing with any person
necessity.
(how crime committed) to make
transactions prejudicial to lawful
commerceortoincreasethemarketprice IMPOSITIONANDDISPOSITIONOFFALSELY
ofmerchandise(purposeofthecrime). MARKEDARTICLESORMERCHANDISEMADEOF
GOLD,SILVER,OROTHERPRECIOUSMETALSOR
Elements: THEIRALLOYS(Art.187)
a. Manufacturer, producer, processor
or importer of any merchandise or Q:Whataretheelementsofthiscrime?
objectofcommerce
b. Combines, conspires, or agrees with A:
anyperson 1. Offenderimports,sells,ordisposesofany
c. Purpose is to make transactions ofthosearticlesormerchandise
prejudicialtolawfulcommerceorto 2. Stamps,brands,ormarksofthosearticles
increase the market price of any of merchandisefail to indicate the actual
merchandise or object of commerce finenessorqualityofsaidmetalsoralloys
manufactured, produced, processed, 3. Offender knows that the stamps, brands
assembled or imported into the or marks fail to indicate the actual
Philippines fineness or the quality of the metals or
alloys
Q:Whatisunfaircompetition?
Note:Manufacturerwhoaltersthequalityorfineness
A: Unfair competition consists in employing ofanythingpertainingtohisartorbusinessisliablefor
deception or any other means contrary to good estafaunderArt.315subdivision2(b)oftheRPC.
faith by which any person shall pass off the goods
manufactured by him or in which he deals, or his Q: What are the articles of the merchandise
business, or services for those one having involved?
established goodwill or committing any act
calculated to produce the result. (Sec. 168.2, R.A. A:
8293) 1. Gold
2. Silver
Q:Whatisthetestofunfaircompetition? 3. Otherpreciousmetals
4. Theiralloys
A: The test is whether certain goods have been
clothed with the appearance which is likely to Note:Sellingthemisbrandedarticlesisnotnecessary.
deceive the ordinary purchaser exercising ordinary
care. SUBSTITUTINGANDALTERINGTRADEMARKS,
TRADENAMESORSERVICEMARKS
Q: What are the grounds for liability under Art. (Art.188)
186?
A:Thegroundsforliabilityare: A:
1. Knowingly permitting commission of the 1. Substitutingthetradenameortrademark
punishableacts;or ofsomeothermanufacturerordealer,or
2. Failing to prevent the commission of the a colorable imitation thereof, for the
saidacts. tradename or trademark of the real
manufacturer or dealer upon any article
Note: Any property possessed under any contract or ofcommerceandsellingthesame
combination contemplated in this article shall be
forfeitedinfavoroftheGovernment.

140

CRIMINALLAWTEAM:
2. Sellingorofferingforsalesucharticlesof evaluation and post evaluation of bids,

commerce, knowing that the trade name and awarding of contracts beyond the
ortrademarkhasbeenfraudulentlyused prescribed periods of Bids or other
3. Using or substituting the service mark of documents.
someotherpersonorcolorableimitation
ofsuchmark,inthesaleoradvertisingof c. Unduly influencing or exerting undue
hisservices pressure on any member of the BAC or
4. Printing, lithographing or reproducing anyofficeroremployeeoftheprocuring
tradename, trademark, or servicemark of entitytotakeaparticularbidder.
one person, or a colorable imitation
thereof, to enable the person to d. Splitting of contracts which exceed
fraudulently use the same knowing the procedural purchase limits and
fraudulent purpose for which it is to be competitivebidding.
used.
e. Whentheheadoftheagencyabusesthe
UNFAIRCOMPETITION,FRAUDULENT exerciseofhispowertorejectanyandall
REGISTRATIONOFTRADENAME,TRADEMARK,OR bids as mentioned under Section 41 of
SERVICEMARK,FRAUDULENTDESIGNATIONOF this Act with manifest preference to any
ORIGIN,ANDFALSEDESCRIPTION bidder who is closely related to him in
(Art.189) accordancewithSection47ofthisAct.

Q:Whatarethepunishableacts? Note: When any of the foregoing acts is done in
collusion with private individuals, the private
A: individualsshalllikewisebeliablefortheoffense.
1. Selling goods, giving them the general
appearance of the goods of another 2. Private individuals who commit any of the
manufacturer or dealer. (Unfair following acts, including any public officer, who
competition) conspireswiththem:

2. Affixingtohisgoodorusinginconnection a. When two or more bidders agree and
with his services a false designation of submit different Bids as if they were
origin, or any false description or bona fide, when they knew that one or
representation and selling such goods or more of them was so much higher than
services(Fraudulentdesignationoforigin. the other that it could not be honestly
(Falsedescription) acceptedandthatthecontractwillsurely
be awarded to the prearranged lowest
Note: Arts. 188 and 189 have been repealed by R.A.
bid.
8293.TheIntellectualPropertyCodeofthePhilippines.

b. When a bidder maliciously submits

B.TheNewPublicBiddingLaw(R.A.9184)
different Bids through two or more
persons, corporations, partnerships or

Q:WhataretheprohibitedactsunderR.A.9184?
anyotherbusinessentityinwhichhehas
interest of create the appearance of
A: competitionthatdoesnotinfactexistso
astobeadjudgedasthewinningbidder.
1. Public officers who commit any of the following
acts: c. Whentwoormorebiddersenterintoan
agreementwhichcallupononetorefrain
from bidding for Procurement contracts,
a. Open any sealed Bid including but not
or which call for withdrawal of bids
limited to Bids that may have been
already submitted, or which are
submittedthroughtheelectronicsystem
otherwise intended to secure as undue
and any and all documents required to
advantagetoanyoneofthem.
be sealed or divulging their contents,

priortotheappointedtimeforthepublic
d. When a bidder, by himself or in
openingofBidsorotherdocuments.
connivancewithothers,employschemes

whichtendtorestrainthenaturalrivalry
b. Delaying, without justifiable cause, the
of the parties or operates to stifle or
screening for eligibility, opening of bids,
141

suppresscompetitionandthusproducea
resultdisadvantageoustothepublic.

3. Private individuals who commit any of the
following acts, and any public officer conspiring
withthem:

a. Submit eligibility requirements of
whatever kind and nature that contain
false information or falsified documents
calculated to influence the outcome of
theeligibilityscreeningprocessorconceal
such information in the eligibility
requirements when the information will
lead to a declaration of ineligibility from
participatinginpublicbidding.

b. Submit Bidding Documents of whatever
kind and nature than contain false
information or falsified documents or
conceal such information in the Bidding
Documents, in order to influence the
outcomeofthepublicbidding.

c. Participate in a public bidding using the
nameofanotherorallowanothertouse
one's name for the purpose of
participatinginapublicbidding.

d. Withdraw a Bid, after it shall have
qualified as the Lowest Calculated
Bid/Highest Rated Bid, or to accept and
award, without just cause or for the
purposeofforcingtheProcuringEntityto
award the contract to another bidder.
This shall include the nonsubmission of
requirements such as, but not limited to,
performance security, preparatory to the
finalawardofthecontract.

4. When the bidder is a juridical entity, criminal
liability and the accessory penalties shall be
imposedonitsdirectors,officersoremployeeswho
actuallycommitanyoftheforegoingacts.(Sec.65)

142

CRIMINALLAWTEAM:
BOOK 2: CRIMES Relative to Opium and Other Prohibited Drugs
V.CRIMESRELATIVETOOPIUMANDOTHER Note: Ifsuchdenordiveisownedbya3rdperson,the

PROHIBITEDDRUGS followingisrequired:

A. TheComprehensiveDangerousDrugsActof 1. That the criminal complaint shall allege that
2002(R.A.9165) such place is intentionally used in the
furtheranceofthecrime
2. That the prosecution shall prove such intent
Q:Whatarethepunishableactsunderthisact?
on the part of the owner touse the property
forsuchpurpose
A:
3. Thattheownershallbeincludedasanaccused
inthecriminalcomplaint
1. Importation of Dangerous Drugs and/or

Controlled Precursors and Essential Chemicals
Such den, dive or resort shall be confiscated and
(Sec.4)
escheatedinfavorofthegovernment.

Note:Anyperson,who,unlessauthorizedbylaw,shall
4.Manufactureof:
import or bring into the Philippines any dangerous
a. Dangerous Drugs and/or Controlled
drug, regardless of the quantity and purity involved,
PrecursorsandEssentialChemicals
including any and all species of opium poppy or any
partthereoforsubstancesderivedtherefromevenfor b. Equipment, Instrument, Apparatus, and
floral,decorativeandculinarypurposes. OtherParaphernaliaforDangerousDrugs
and/or Controlled Precursors and
2. Sale, Trading, Administration, Dispensation, EssentialChemicals(Sec.8)
Delivery, Distribution and Transportation of
DangerousDrugsand/orControlledPrecursorsand Q:Whatdoyoumeanbymanufacturing?
EssentialChemicals.(Sec.5)
A:Itisthe:
Note: Selling is any act of giving away any dangerous 1. The production, preparation,
drug and/or controlled precursor and essential compounding or processing of any
chemical whether for money or any other dangerous drug and/or controlled
consideration.(Sec.5) precursor and essential chemical, either
directlyorindirectlyorbyextractionfrom
Q:Whataretheelementsofthiscrime? substances of natural origin, or
independently by means of chemical
A: synthesis or by a combination of
1. Theidentityofthebuyerandtheseller extractionandchemicalsynthesis,
2. Theobject,andtheconsideration 2. And shall include any packaging or
3. The delivery of the thing sold and the repackagingofsuchsubstances,designor
paymenttherefor. configuration of its form, or labeling or
relabelingofitscontainer;
Note: All these require evidence that the sale 3. Except preparation, compounding,
transaction transpired, coupled with the presentation packaging or labeling of a drug or other
in court of thecorpus delicti, i.e.,the body or substances by a duly authorized
substance of the crime. (People v. Capuno, practitioner as an incident to his/her
G.R.185715,19January2011) administration or dispensation of such
drugorsubstanceinthecourseofhis/her
3.MaintenanceofaDen,DiveorResort(Sec.6) professional practice including research,
teaching and chemical analysis of
Q:Whoareliable?
dangerous drugs or such substances that
arenotintendedforsaleorforanyother
A:
purpose.(Sec.8)
1. Owner of den, dive or resort where any

dangerous drug is used or sold in any
4. Possessionof:
form
a. Dangerousdrugs(Sec.11)

b. Equipment, Instrument, Apparatus and
2. Employee of den dive or resort who is
Other Paraphernalia for Dangerous Drugs
awareofthenatureoftheplaceassuch
(Sec.12)

c. Dangerous Drugs during Parties, Social
3. Visitorofden,diveorresortwhoisaware
GatheringsorMeetings(Sec.13)
of the nature of the place as such and
shallknowinglyvisitthesame
143

d. Equipment, Instrument, Apparatus and Q:Whoareliable?
Other Paraphernalia for Dangerous Drugs
during Parties, Social Gatherings or A: Any practitioner, manufacturer, wholesaler,
Meetings(Sec.14) importer,distributor,dealerorretailerwhoviolates
or fails to comply with the maintenance and
Q:Whataretheelementsofthiscrime? keeping of the original records of transactions on
any dangerous drug and/or controlled precursor
A: and essential chemical in accordance with Section
1. Theaccusedwasinpossessionofanitem 40ofthisAct.
oranobjectidentifiedtobeaprohibited
orregulateddrug 8. Unnecessary Prescription of Dangerous Drugs
2. Suchpossessionisnotauthorizedbylaw (Sec.18)
3. The accused was freely and consciously
awareofbeinginpossessionofthedrug. Q:Whoareliable?

5. Useofdangerousdrugs(Sec.15) A: Any practitioner, who shall prescribe any
dangerous drug to any person whose physical or
Note: Use is any act of injecting, intravenously or physiologicalconditiondoesnotrequiretheuseor
intramuscularly, of consuming, either by chewing, inthedosageprescribedtherein,asdeterminedby
smoking, sniffing, eating, swallowing, drinking or the Board in consultation with recognized
otherwiseintroducingintothephysiologicalsystemof competent experts who are authorized
thebody,andofthedangerousdrugs. representatives of professional organizations of
practitioners,particularlythosewhoareinvolvedin
Q:Whataretheelementsofthiscrime? thecareofpersonswithseverepain.
A: 9. UnlawfulPrescriptionofDangerousDrugs(Sec.
1. Theaccusedwasapprehendedfortheuse 19)
ofdangerousdrugs
2. Hewasfoundtobepositiveforuseofany Q:Whoareliable?
dangerousdrugs
3. Nootherdangerousdrugwasfoundinhis A:Anyperson,who,unlessauthorizedbylaw,shall
possession. make or issue a prescription or any other writing
purporting to be a prescription for any dangerous
NOTE:Wherethepersontestedisalsofoundtohave drug.
inhispossessionanyotherdangerousdrugs,s/heshall
be prosecuted in accordance with Sec. 11, for illegal Q:Whatistheeffectofattemptorconspiracyon
possessionofdangerousdrugs. thecriminalliability?
Notwithstanding the provisions of any law to the A: The accused shall be penalized by the same
contrary, a positive finding for the use of dangerous
penaltyprescribedforthecommissionofthesame
drugsshallbeaqualifyingaggravatingcircumstancein
asprovidedunder:
the commission of a crime by an offender, and the
applicationofthepenaltyprovidedforintheRPCshall
1. Importation of any dangerous drug
beapplicable.
and/orcontrolledprecursorandessential

chemical
6. Cultivation or culture of plants classified as
2. Sale, trading, administration,
DangerousDrugsoraresourcesthereof(Sec.16)
dispensation, delivery, distribution and

transportation of any dangerous drug
Q:WhatdoyoumeanbycultivationinR.A.9165?
and/orcontrolledprecursorandessential

chemical
A: Cultivation is any act of knowingly planting,
3. Maintenance of a den, dive or resort
growing, raising, or permitting the planting,
whereanydangerousdrugisusedinany
growingorraisingofanyplantwhichisthesource
form
ofadangerousdrug.
4. Manufacture of any dangerous drug
7. Maintenance and Keeping of Original Records and/orcontrolledprecursorandessential
of Transactions on Dangerous Drugs and/or chemical
Controlled Precursors and Essential Chemicals 5. Cultivation or culture of plants which are
(Sec.17) sourcesofdangerousdrugs.

144

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Public Morals
VI.CRIMESAGAINSTPUBLICMORALS(200202) Q: What is the difference between grave scandal

andalarmsandscandal?
GAMBLINGANDBETTING
A:
Note:Arts.195196havebeenrepealedandmodified GRAVESCANDAL ALARMANDSCANDAL
byP.D.Nos.449,483and1602,asamendedbyLetters Thescandalinvolved
ofInstructionsNo.816. referstomoralscandal
Thescandalousactsare
offensivetodecency,
committedagainstthe
OFFENSESAGAINSTDECENCYANDGOOD althoughitdoesnot
willofthewoman.Force
CUSTOMS disturbpublicpeace.But
orintimidationis
suchconductoractmust
employed.
Note: Decency means propriety of conduct, proper beopentothepublic
observance of the requirements of modesty, good view.
taste,etc.
Q: What is the difference between grave scandal
Customs are established usages, social conventions andactsoflasciviousness?
carried on by tradition and enforced by social
disapprovalofanyviolationthereof. A:
ACTSOF
GRAVESCANDAL GRAVESCANDAL
LASCIVIOUSNESS
ART.200 Thescandalousactsare
Theperformanceof
committedagainstthe
scandalousactsis
Q:Whataretheelementsofgravescandal? willofwoman.Forceor
mutuallyconsented.
intimidationisemployed.
A:
1. Offenderperformsanactoracts IMMORALDOCTRINES,OBSCENEPUBLICATIONS
ANDEXHIBITIONS,ANDINDECENTSHOWS
2. Such act or acts be highly scandalous as (Art.201)
offending against decency or good
customs Q:Whoarethepersonsliable?

Note: The offense must be directed on the A:
sense of decency or good customs not on 1. Those who shall publicly expound or
propertysuchasscatteringhumanfeceson proclaim doctrines openly contrary to
buildings. publicmorals

3. Highly scandalous conduct is not 2. The authors of obscene literature,
expressly falling within any article of this published with their knowledge in any
code form, the editors publishing such
literature; and the owners/operators of
4. Act or acts complained of be committed theestablishmentsellingthesame
in a public place or within the public
knowledgeorview 3. Those who, in theaters, fairs,
cinematographs or any other place,
Note: If the act or acts of the offender are punished exhibitincidentorimmoralplays,scenes,
under another article of the RPC, Art. 200 is not acts, or shows, it being understood that
applicable.
the obscene literature or incident or
immoral plays, scenes, acts, or show,

Ifinpublicplace,thereiscriminalliabilityirrespective
ofwhethertheimmoralactisopentothepublicview.
whether live or in film which are
Publicviewisnotrequired.Itissufficientifcommitted prescribed by virtue hereof shall include
inpublicplace. thosewhich:

If committed in the public place, the act is deemed a. Glorifycriminalsorcondonecrimes
committedinpublicviewbecauseofthepossibilityof b. Servenootherpurposebuttosatisfy
beingwitnessedbythirdpersons. the market for violence, lust or
pornography
If in private place, public view or public knowledge is c. Offendanyrace,orreligion
required. d. Tend to abet traffic in and use of
prohibiteddrugs
145

e. Are contrary to law, public order, A:Thepurposeofthelawisnotsimplytopunisha
morals, good customs, established personbecausehehasnomeansoflivelihood;itis
policies, unlawful orders, decrees topreventfurthercriminality.
andedicts
Note: Being jobless does not make one a vagrant.
Note:Publicityisanessentialelement. What the law penalizes is the neglect and refusal to
work and the loitering in or about public places
Merenudityinpaintingsandpictureisnotobscene. withoutgivingagoodaccountofhispresencetherein.

Pictures with slight degree of obscenity having no Q:Whoarethepersonsliable?
artistic value and being intended for commercial
purposesfallwithinthisarticle. A:
1. Anypersonhavingnoapparentmeansof
4. Thosewhoshallsell,giveaway,orexhibit, subsistence, who has the physical ability
film, prints, engravings, sculptures, or to work and who neglects to apply
literature which are offensive to morals. himselforherselftosomecalling
Publicityisessential.
2. Any person found loitering about public
Q:Whatisthetestofobscenity? or semipublic buildings or places or
trampingorwanderingaboutthecountry
A:Whetherornotthematerialchargedasobscene or the streets without visible means of
hasthetendencytodepraveandcorrupttheminds support
of those open to the influence thereof, or into
whosehandssuchmaterialmaycometo(Kottinger Note: Article 202 (2) does not violate the equal
Rule) protectionclause;neitherdoesitdiscriminateagainst
the poor and the unemployed. Offenders of public
Note: The test is objective. It is more on the effect order laws are punished not for their status, as for
upontheviewerandnotaloneontheconductofthe being poor or unemployed, but for conducting
performer. themselves under such circumstances as to endanger
the public peace or cause alarm and apprehension in
Q: When is the author and the publisher of the the community. Being poor or unemployed is not a
obsceneliteratureliableunderArt.201? licenseorajustificationtoactindecentlyortoengage
inimmoralconduct.
A: Writing obscene literature is not punished, but
the author is liable if it is published with his Vagrancy must not be so lightly treated as to be
knowledge.Ineverycase,theeditorpublishingitis considered constitutionally offensive. It is a public
order crime which punishes persons for conducting
liable.(Reyes,2008)
themselves,atacertainplaceandtimewhichorderly

society finds unusual, under such conditions that are
Q:Iftheviewingofpornographicmaterialsisdone repugnant and outrageous to the common standards
privately,cantherebeviolationofArt.201? and norms of decency and morality in a just, civilized
and ordered society, as would engender a justifiable
A: No. What is protected is the morality of the concern for the safety and wellbeing of members of
publicingeneral.Thelawisnotconcernedwiththe the community. (People v. Siton, GR 169364,
moralofoneperson. September18,2009)

VAGRANTSANDPROSTITUTES
(Art.202) 3. Any middle or dissolute person who
lodges in houses of illfame; ruffians or
Q:Whoarevagrants? pimpsandthosewhohabituallyassociate
withprostitutes
A: Vagrants are those who loiter around public or
privateplaceswithoutanyvisiblemeansofsupport 4. Anypersonwhonotbeingincludedinthe
but who are physically able to work and without provisions of other articles of this Code,
anylawfulpurpose. shall be found loitering in any inhabited
oruninhabitedplacebelongingtoanother
Q:Whatistherationaleofpenalizingvagrancy? withoutanylawfulorjustifiablepurpose

5. Prostitutes.

146

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Public Morals
Q: If a person is found wandering in an estate A:

belonging to another, whether public or private, VAGRANCY PROSTITUTION
without any lawful purpose, what other crimes Canbecommittedby Canonlybecommitted
maybecommitted? eitheramanorwoman. byawoman.
Awomanwhoforprofit
A: When a person is apprehended loitering inside Amanifheengagesin ormoneyhabitually
an estate belonging to another, the following sexformoneyisnota engagesinsexualor
crimesmaybecommitted: prostitute,butavagrant. lasciviousconductisa
prostitute.
1. Trespass to property If the estate is
fencedthereisaclearprohibitionagainst Note:Art.202isnotapplicabletominors.
entering, but the offender entered
without the consent of the owner or
overseerthereof.

2. Attempted theft If the estate is fenced
and the offender entered the same to
hunt therein or fish from any waters
therein or to gather any farm products
thereinwithouttheconsentoftheowner
oroverseerthereof;

3. Vagrancy If the estate is not fenced or
there is no clear prohibition against
entering.

Q:Whoareprostitutes?

A: They are women who, for money or profit,
habituallyindulgeinsexualintercourseorlascivious
conduct.

Q: Is sexual intercourse a necessary element to
constituteprostitution?

A: No, the mere indulging in lascivious conducts
habituallybecauseofmoneyorgainwouldamount
to prostitution. Virginity is not a defense.
Habituality is the controlling factor; it has to be
morethanonce.

Q:Isthereacrimeofprostitutionbyconspiracy?

A: None. One who conspires with a woman in the
prostitution business like pimps, taxi drivers or
solicitorsofclientsareguiltyofthecrimeunderArt.
341forwhiteslavery.

Note: Under this article, a prostitute is limited to a
woman. A city or municipal ordinance however may
cover a male prostitute usually called call boy. He
cannot,however,bepunishedunderArt.202.Hecan
beprosecutedundertheordinanceconcerned.

Q: What are the distinctions between vagrancy
andprostitution?

147

VII.CRIMESCOMMITTEDBYPUBLICOFFICERS not take her position outside the meaning of a
public office.(Javier v. Sandiganbayan, GR 147026
PRELIMINARYPROVISIONS
27,September11,2009)

PUBLICOFFICERS MALFEASANCEANDMISFEASANCEINOFFICE
(Art.203)
Q: What are the three forms of breach of
Q: How can a person be considered a public oath/duty?
officer?
A:
A:Tobeapublicofficer,onemust: 1. Misfeasance when a public officer
1. Take part in the performance of public performsofficialactsinthemannernotin
functions in the government, or in accordancewithwhatthelawprescribes.
performing in said government or in any
of its branches public duties as an 2. Nonfeasance when a public officer
employee, agent or subordinate official, willfullyrefrainsorrefusestoperforman
oranyrankorclass;and officialdutywhichhisofficerequireshim
toperform.
2. That his authority to take part in the
performance of public functions or to 3. Malfeasance when a public officer
performpublicdutiesmustbeby performs in his public office an act
a. Directprovisionofthelaw prohibitedbylaw.
b. Popularelection
c. Appointment by competent Q:Whatarecrimesofmisfeasance?
authority
A:
Note: Under R.A. 3019, the term public officer is 1. Knowinglyrenderingunjustjudgment
broader and more comprehensive because it includes 2. Renderingjudgmentthroughnegligence
all persons whether an official or an employee, 3. Renderingunjustinterlocutoryorder
temporary or not, classified or not, contractual or 4. Malicious delay in the administration of
otherwise.
justice

Any person who receives compensation for services
renderedisapublicofficer.
Q:Whatisacrimeofnonfeasance?

Note:Publicofficersincludeeverypublicservantfrom A:Derelictionofdutyintheprosecutionofoffenses
the lowest to the highest rank provided that they
exercisepublicfunctions. Q:Whatarecrimesofmalfeasance?

Q:Javierwaschargedwithmalversationofpublic A:
1. Directbribery
funds.Shewastheprivatesectorrepresentativein
2. Indirectbribery
the National Book Development Board (NBDB),
whichwascreatedbyRepublicAct(R.A.)No.8047, KNOWINGLYRENDERINGUNJUSTJUDGMENT
otherwiseknownastheBookPublishingIndustry (Art.204)
Development Act. Is Javier, a private sector
representativetotheboardapublicofficer? Q:Whataretheelementsofthiscrime?

A: Yes. Notwithstanding that Javier came from the A:
privatesectortositasamemberoftheNBDB,the 1. Offenderisajudge
2. He renders a judgment in a case
law invested her with some portion of the
submittedtohimfordecision
sovereignfunctionsofthegovernment,sothatthe 3. Thatthejudgmentisunjust
purposeofthegovernmentisachieved.Inthiscase, 4. Thatthejudgeknowsthathisjudgmentis
the government aimed to enhance the book unjust
publishingindustryasithasasignificantroleinthe
nationaldevelopment.Hence,thefactthatshewas Q:Whatisjudgment?

appointedfromthepublicsectorandnotfromthe
otherbranchesoragenciesofthegovernmentdoes
148

CRIMINALLAWTEAM:
BOOK 2: Crimes Committed By Public Officers
A: A judgment is the final consideration and 2. He renders a judgment in a case

determination of a court of competent jurisdiction submittedtohimfordecision
upon the matters submitted to it, in action or 3. Judgmentismanifestlyunjust
proceeding. 4. It is due to his inexcusable negligence or
ignorance
It must be written in the official language,
personally and directly prepared by the judge and Q: What is meant by manifestly unjust
signed by him and shall contain clearly and judgment?
distinctlyastatementofthefactsandthelawupon
whichitisbased. A: A manifestly unjust judgment is a judgment
which cannot be explained with reasonable
Q:Whatisanunjustjudgment? interpretation or is a clear, incontrovertible and
notorious violation of a legal precept. It must be
A: An unjust judgment is one which is contrary to patently contrary to law if rendered due to
laworisnotsupportedbytheevidenceorboth. ignoranceorinexcusablenegligence.

Q:Whatarethesourcesofunjustjudgment? Note: Before a civil or criminal action against a judge
for violations of Articles 204 and 205 can be
A: entertained, there must be a final and authoritative
1. Error judicial declaration that the decision or order in
2. Illwillorrevenge question is indeed unjust. The pronouncement may
3. Bribery result from either: (a) an action for certiorari or
prohibitioninahighercourtimpugningthevalidityof
ajudgment,or(b)anadministrativeproceedinginthe
Note: There must be evidence that the decision
Supreme Court against the judge precisely for
rendered is unjust. It is not presumed. The Supreme
promulgatinganunjustjudgmentororder.(DeVerav.
Courtmusthavedeclaredthejudgmentasunjustina
Pelayo,G.R.No.137354,July6,2000)
certiorari,prohibition,oradministrativeproceeding.

Abuseofdiscretionormereerrorofjudgmentcannot UNJUSTINTERLOCUTORYORDER
likewise serve as basis for rendering an unjust (Art.206)
judgment in the absence of proof of an allegation of
badfaith. Q:Whataretheelementsofthiscrime?

Q: Can this crime be committed by the A:
member/justicesoftheappellatecourts? 1. Offenderisajudge
2. Heperformsanyofthefollowingacts:
A:No,itmaybecommittedonlybyajudgeofatrial a. Knowingly renders an unjust
courtandneverofacollegiatebody. interlocutoryorderordecree;or
b. Renders a manifestly unjust
Ratio:IncollegiatecourtsliketheCAandSC,notonly interlocutory order or decree
one magistrate renders or issues the judgment or through inexcusable negligence or
interlocutory order. Conclusions and resolutions ignorance.
thereof are handed down only after deliberations
among the members, so that it cannot be said that Q:Whatisaninterlocutoryorder?
thereismaliceorinexcusablenegligenceorignorance
in the rendering of a judgment or order that is A:Itisoneissuedbythecourtdecidingacollateral
supposedlyunjust. orincidentalmatter;it isnotafinaldetermination
oftheissuesoftheactionorproceeding.
Note: Judges cannot be subjected to liability civil,

criminal or administrative for any of their official
E.g.JudgesorderorresolutiondenyingtheDemurrer
acts,nomatterhowerroneous,aslongastheyacted
toEvidencesubmittedbytheaccused.
ingoodfaith.

Q: What is the test in determining whether the

JUDGMENTRENDEREDTHROUGHNEGLIGENCE
orderisconsideredaninterlocutoryorder?
(Art.205)

A:IftheorderanswersthequestionDoesitleave
somethingtobedoneinthetrialcourtwithrespect
tothemeritsofthecase?intheaffirmative,then
A:
itisinterlocutory;ifitdoesnot,itisfinal.
1. Offenderisajudge
149

cause prosecution and punishment of
MALICIOUSDELAYINTHEADMINISTRATIONOF offenders)
JUSTICE(Art.207)
Note: There must be a duty on thepart ofthepublic
Q:Whataretheelementsofthiscrime? officertoprosecuteormovefortheprosecutionofthe
offender.However,afiscalisundernocompulsionto
A: file information based upon a complaint if he is
1. Offenderisajudge convincedthatthe evidencebeforehimisinsufficient
2. Thereisaproceedinginhiscourt towarrantfilinganactionincourt.
3. Hedelaystheadministrationofjustice
4. Delayismalicious,thatis,withdeliberate Q:Whatdoesmaliciouslyconnote?
intenttoinflictdamageoneitherpartyin
thecase A: Maliciously connotes that the act complained
ofmustbetheresultofadeliberateevilintentand
Note:Meredelaywithoutmaliceisnotpunishable. doesnotcoveramerevoluntaryact.

If the delay is not malicious, but committed through Note:Aderelictionofdutycausedbyapoorjudgment
gross negligence, the crime committed is that under orhonestmistakeisnotpunishable.
R.A.3019,Sec.3(e).
The crime committed by the lawviolator must be
PROSECUTIONOFOFFENSE;NEGLIGENCEAND proved first. If the guilt of the lawviolator is not
proved,thepersonchargedwithderelictionofdutyis
TOLERANCE(Art.208)
notliable.

Q:Whocanbeliableforderelictionofdutyinthe

prosecutionofoffenses?
A:

1. Maliciously refraining from instituting
A: This crime can only be committed by a public
prosecutionagainstviolatorsofthelaw.
officerwhoseofficialdutyistoprosecuteoffenders,
2. Maliciously tolerating the commission of
thatis,stateprosecutors.Hence,thoseofficerswho
offenses.
are not duty bound to perform these obligations

cannotcommitthiscrimeinthestrictsense.
Q:Whataretheelementsofderelictionofdutyin

theprosecutionofoffenses?
Q:Ifapoliceofficertoleratesthecommissionofa

crimeorotherwiserefrainsfromapprehendingthe
A:
offender,isheliableforderelictionofduty?
1. Offender is a public officer or officer of

the law who has a duty to cause the
A:No.Suchpoliceofficercannotbeprosecutedfor
prosecutionof,ortoprosecuteoffenses
dereliction of duty but he can be prosecuted as

follows:
2. There is dereliction of the duties of his
1. An accessory to the crime committed by
office,thatis,knowingthecommissionof
the principal in accordance with Article
the crime, he does not cause the
19,paragraph3
prosecution of the criminal, or knowing

thatacrimeisabouttobecommitted,he
2. He may become a fence if the crime
toleratesitscommission
committed is robbery or theft, in which

caseheviolatestheAntiFencingLaw
3. Offender acts with malice and deliberate

intenttofavortheviolatorofthelaw
3. He may be held liable for violating the

AntiGraftandCorruptPracticesAct
Q:WhocanbeoffendersinArt.208?

Q: Can a Barangay Chairman be held liable for
A:
derelictionofduty?
1. Apublicofficer(officerintheprosecution

department whose duty is to institute
A: Yes, because a Barangay Chairman is expressly
criminal proceedings upon being
authorized by law to prosecute violators of laws
informed)
withintheirjurisdiction.Ifhedoesnotdoso,hecan

beprosecutedforderelictionofduty.
2. An officer of the law (by reason of

position held by them are dutybound to
150

CRIMINALLAWTEAM:
Q:Whatisprevaricacion?
A: Under the rules on evidence, communications
A: There is prevaricacion when a public officer made with prospective clients to a lawyer with a
regardlessofhisdutyviolatestheoathofhisoffice view to engaging his professional services are
bynotcarryingoutthedutiesofhisofficeforwhich already privileged even though clientlawyer
hewasswornto,thus,amountingtoderelictionof relationshipdid noteventuallymaterializebecause
duty. theclientcannotaffordthefeebeingaskedbythe
lawyer.
Q:Whatiscoveredinprevaricacion?
Note:Thatprivilegecommunicationwithaprospective
A: Prevaricacion covers any dereliction of duty clientimpliesthatthesameisconfidential.Therefore,
wherebythepublicofficerinvolvedviolateshisoath if the lawyer would reveal the same or otherwise
of office. The thrust of prevaricacion is the breach accept a case from the adverse party, he would
oftheoathofofficebythepublicofficerwhodoes alreadybeviolatingArticle209.
an act in relation to his official duties. It is not
limited to dereliction of duty in the prosecution of Itisnotonlythelawyerwhoisprotectedbythematter
ofprivilegebutalsotheofficestafflikethesecretary.
offenders.

Q: Are all information confided to counsel

Q: What is the difference between prevaricacion
classifiedasprivileged?
andderelictionofduty?

A: No. A distinction must be made between

A:
confidentialcommunicationsrelatingtopastcrimes
PREVARICACION DERELICTIONOFDUTY
already committed, and future crimes intended to
Appliestopublicofficers
ingeneralwhoisremiss Derelictionofdutyrefers becommitted,bytheclient.Itisadmittedthatthe
orwhoismaliciously onlytoprosecuting announced intention of a client to commit a crime
refrainingfromexercising officers. is not included within the confidences which his
thedutiesofhisoffice. attorneyisboundtorespect.(Boado,2008)

BETRAYALOFPUBLICTRUSTBYANATTORNEYOR Q:WhoisaProcuradorJudicial?
SOLICITORREVELATIONOFSECRETS
(Art.209) A: A person who had some practical knowledge of
law and procedure, but not a lawyer, and was
Q:Whatarethepunishableacts? permitted to represent a partyin a case before an
inferiorcourt.
A:
1. Causing damage to his client, either by DIRECTBRIBERY
anymaliciousbreachofprofessionalduty (Art.210)
byinexcusablenegligenceorignorance.
Q:Whatisbribery?
Note:Damageisnotnecessary.
A: Bribery is the crime of the public officer who
2. Revealing any of the secrets of his client receivesagift,present,offerorpromisebyreason
learned by him in his professional orinconnectionwiththeperformanceofhisofficial
capacity. duties.Itisacrimeofthereceiver.Thecrimeofthe
giver is corruption of public officers. Bribery
3. Undertaking the defense of the opposing requires the concurrence of the will of the
party in the same case, without the corruptor and the public officer otherwise the
consent of his first client, after having crimeisnotconsummated(Boado,2008)
undertakenthedefenseofsaidfirstclient
or after having received confidential Q:Whatarethekindsofbribery?
informationfromsaidclient.
A:
Note:iftheclientconsentstotheattorneys 1. Agreeingtoperformorperforminganact
takingthedefenseoftheotherparty,there pertainingtothedutiesoftheofficewhich
isnocrime. constitutesacrimeIftheactoromission
amounts to a crime, it is not necessary
Q:Whatistherulewithregardtocommunications that the corruptor should deliver the
madewithprospectiveclients? consideration or the doing of the act.
151

Mere promise is sufficient. The moment A:
there is a meeting of the minds, even 1. Offender is a public officer within the
withoutthedeliveryoftheconsideration, scopeofArticle203
even without the public officer
performingtheactamountingtoacrime, 2. Offender accepts an offer or promise or
bribery is already committed on the part receives a gift or present by himself or
ofthepublicofficer.Corruptionisalready throughanother
committed on the part of the supposed
giver. 3. Suchofferorpromisebeaccepted,orgift
orpresentreceivedbythepublicofficer
Illustration: a. With a view of committing some
This is the first kind of direct bribery. If a court crime
stenographer, in consideration of a gift or present or b. In consideration of the execution of
even a promise, agrees with the accused to alter the an act which does not constitute a
notestakenbyhimduringthetrialtomakeitappear crime,buttheactmustbeunjust
that the witness testified favorably to the accused, c. To refrain from doing something,
whenintruth,histestimonywasadversetohim,said whichishisofficialdutytodo;
stenographerisguiltyofbribery.Heagreedtoperform

falsificationwhichisacrime.Heandtheaccusedshall
4. That act which the offender agrees to
likewise be held liable for Falsification of Public
Documents.
perform or which he executes be
connected with the performance of his
2. Accepting a gift in consideration of the officialduties.
execution of an act which does not
constitute a crime (but which must be Q:Isitrequiredthattheactwascommitted?
unjust) If the act or omission does not
amount to a crime, the consideration A:No.ThelastphraseofArt.210whichprovides
mustbedeliveredbythecorruptorbefore if the same shall have been committed does not
a public officer can be prosecuted for presumethattheactwascommitted.
bribery.Mereagreementisnotenoughto
constitutethecrimebecausetheacttobe Q: A gave X, a public officer, money to alter the
done in the first place is legitimate or in entry in the registry of the Land Registration
the performance of the official duties of Authority.Whatcrimeswerecommitted?
thepublicofficial.
A:
Illustration: 1. Onthepartoftheofficer:
Thus, the Secretary of the Municipal Mayor who was a. DirectBribery
underinstructiontoreceivetheapplicationofawards b. Falsificationofpublicdocument.
inthemunicipalityspublicmarketforonlytenpersons 2. Onthepartofthecorruptor:
therebeingonlytenstallsthatcouldbeleased,andin a. Corruptionofpublicofficer
consideration of some money received from the b. Falsificationofpublic
eleventh applicant, making it appear that his document,asprincipalby
applicationwasthetenthisguiltyofthisformofDirect inducement.(Boado,2008)
Bribery.Theactofthesecretarywhoisapublicofficer
is not a crime but it is unjust, it being unfair to the Q:Istherefrustratedbribery(directorindirect)?
tenthapplicant.
A: None. Bribery cannot be committed in the
3. Abstaining from the performance of frustrated stage, for the reason that if the
officialduties. corruptionoftheofficialisaccomplished,thecrime
isconsummated.
Illustration:
A police traffic officer who, in consideration of gift Q: Suppose the public official accepted the
receivedorpromiseofferedbyataxidriverwhobeat considerationandturneditovertohissuperioras
the red light, refrains from issuing a TVR and from
evidence of corruption, what is the crime
confiscationsthedriverslicensewhenitishisdutyto
committed?
doso,commitsthisthirdformofDirectBribery.

Q:Whataretheelementsofdirectbribery? A:Theoffenseisattemptedcorruptiononlyandnot
frustrated. The official did not agree to be
corrupted.
152

CRIMINALLAWTEAM:
Q: Suppose the public official did not report the total amount of P550.00, aside from P2000.00 in
same to his superior and actually accepted it, he consideration of prompt enforcement of the writ
allowedhimselftobecorrupted,whatisthecrime from Estrada and her lawyer. The writ was
committed? successfully enforced. What crime, if any, did the
sheriffcommit?
A: The corruptor becomes liable for consummated
corruption of public official. The public officer also A:ThesheriffcommittedthecrimeofDirectBribery
becomesequallyliableforconsummatedbribery. under the second paragraph of Article 210, RPC,
since the P2000.00 was received by him in
Q:Whatarethedistinctionsbetweenbriberyand consideration of the prompt enforcement of the
robbery? writ of execution which is an official duty of the
sherifftodo.
A:
BRIBERY ROBBERY INDIRECTBRIBERY
Thepersonarrestedhas (Art.211)
committedthecrimeand
Thepersonarrestedhas
heisthreatenedtogive Q:Whatisindirectbribery?
notcommittedacrime.
moneysoasnottobe
prosecuted. A: It is the crime of any public officer who shall
Thetransactionisneither acceptgiftsofferedtohimbyreasonofhisoffice.
Thetransactionis
mutualnorvoluntarybut
generallymutualand
consummatedbytheuse Note:Ifthepublicofficerdoesnotacceptthegift,this
voluntary.
offorceorintimidation. crime is not committed but the offeror is guilty of
CorruptionofPublicOfficialsunderArticle212.
Q: Is temporary performance of public function Q:Whataretheelementsofindirectbribery?
sufficienttoconstituteapersonapublicofficer?
A:
A:Yes.Aprivatepersonmaycommitthiscrimeonly 1. Offenderisapublicofficer
in the case in which custody of prisoners is 2. Heacceptsgifts
entrustedtohim. 3. Saidgiftsareofferedtohimbyreasonof
hisoffice
Q: Does the crime of direct bribery involve moral
turpitude? Note: Mere acceptance of the gift because of the
offenderspositionconstitutesbribery
A: Yes, direct bribery is a crime involving moral
turpitude. The article uses the words gift and not promise,
andaccept,notjustreceive.
Moral turpitude can be inferred from the third
element. The fact that the offender agrees to Thegiftisgiveninanticipationoffuturefavorfromthe
accept a promise or gift and deliberately commits publicofficer.
anunjustactorrefrainsfromperforminganofficial
duty in exchange for some favors, denotes a Q:Shouldtherebeaclearintentiononthepartof
malicious intent on the part of the offender to thepublicofficertotakethegiftoffered?
renegeonthedutieswhichheoweshisfellowmen
and society in general. Also, the fact that the A: Yes, and he should consider the property as his
offendertakesadvantageofhisofficeandposition own for that moment. Mere physical receipt
is a betrayal of the trust reposed on him by the unaccompaniedbyanyothersign,circumstanceor
public. It is a conduct clearly contrary to the act to show such acceptance is not sufficient to
accepted rules of right and duty, justice, honesty convicttheofficer.
and good morals. (Magno v. COMELEC, G.R. No.
147904,Oct.4,2002) Q: What are the distinctions between direct
briberyandindirectbribery?
Q:DeputySheriffBenRivasreceivedfromtheRTC
Clerk of Court a Writ of Execution in the case of A:
Ejectment filed by Mrs. Maria Estrada vs. Luis DIRECTBRIBERY INDIRECTBRIBERY
Ablan. The judgment being in favor of Estrada, Publicofficerreceivesgift
Rivas went to her lawyers office where he was Thereisagreement Thereisnoagreement
given the necessary amounts constituting the betweenthepublic betweenthepublic
officerandthecorruptor. officerandthecorruptor.
sheriffs fees and expenses for execution in the
153

Thepublicofficerisnot FRAUDANDILLEGALEXACTIONSAND
Thepublicofficeriscalled necessarilycalleduponto TRANSACTIONS
upontoperformor performanyofficialact.It FRAUDSAGAINSTTHEPUBLICTREASURY.AND
refrainfromperforming isenoughthatheaccepts SIMILAROFFENSES(Art.213)
anofficialact. thegiftsofferedtohim
byreasonofhisoffice. Q:Whatarethepunishableacts?

Note: There is no attempted or frustrated indirect A:
bribery because it is committed by accepting gifts to
1. Entering into an agreement with any
thepublicofficerbyreasonofhisoffice.
interested party or speculator or making

use of any other scheme, to default the
QUALIFIEDBRIBERY
Government, in dealing with any person
(Art.211A)
or with regard to furnishing supplies, the

makingofcontracts,ortheadjustmentor
Q:Whataretheelementsofqualifiedbribery?
settlement of accounts relating to public

propertyfunds.
A:

1. Offenderisapublicofficerentrustedwith
2. Demanding, directly or indirectly, the
lawenforcement
payment ofsums different or larger than

thoseauthorizedbylaw,inthecollection
2. He refrains from arresting or prosecuting
oftaxes,licenses,feesandotherimposts.
an offender who has committed a crime

punishable by reclusion perpetua and/or
Note: By mere demanding an amount
death different, whether bigger or smaller, than
what should be paid, even if the debtor
3. He refrains from arresting or prosecuting refuses,illegalexactioniscommitted.
the offender in consideration of any
promise,giftorpresent 3. Failing voluntarily to issue a receipt as
provided by law, for any sum of money
Note: The crime involved in qualified bribery is a collected by him officially, in the
heinous crime. The public officer need not receive a collection of taxes, licenses, fees and
gift or present because a mere offer or promise is otherimposts.
sufficient.

4. Collecting or receiving directly or
CORRUPTIONOFPUBLICOFFICIALS
indirectly, by way of payment or
(Art.212)
otherwise, things or objects of a nature

different from that provided by law, in
the collection of taxes, licenses, fees and

otherimposts.
A:

1. Offendermakesoffersorpromiseorgives
Q: What are the elements of fraud against public
giftsorpresentstoapublicofficer treasury?

2. The offers or promises are made or the
A:
gifts or presents are given to a public
1. Offenderisapublicofficer
officer under circumstances that will

make the public officer liable for direct
2. He should have taken advantage of his
briberyorindirectbribery
office, that is, he intervened in the

transactioninhisofficialcapacity
Note: Bribery is the act of the receiver; corruption of

Publicofficialistheactofthegiver.
3. He entered into an agreement with any

interested party or speculator or made
Q:Whenthepublicofficerrefusestobecorrupted,
useofanyotherschemewithregardto:
whatcrimeiscommitted?
a. Furnishingsupplies

b. Themakingofcontractsor
A:Attemptedcorruptionofpublicofficialonly.
c. The adjustment or settlement of

accounts relating to public property

orfunds

154

CRIMINALLAWTEAM:
4. Accused had intent to defraud the c. Third form: Collecting or receiving

Government. directly or indirectly, by way of
payment or otherwise, things or
Q: Should there be a fixed allocation on the objects of a nature different from
matter? thatprovidedbylaw

A:No.Theallocationoroutlaywasmadethebasis GR: Under the rules and
offraudulentquotationsmadebythepublicofficer regulations of the government,
involved. payment of checks not belonging
to the taxpayer should not be
Note: The fraud is in the implementation of accepted to settle the obligation
procurement. ofataxpayer.

Q: What is the essence of the crime of fraud XPN: If the check is a managers
againstpublictreasury? checkoracertifiedcheck.

A: The essence of this crime is making the Q: What is the essence of the crime of illegal
government pay for something not received or exaction?
makingitpaymorethanwhatisdue.
A:Theessenceofthecrimeisnotmisappropriation
Q:Whataretheelementsofillegalexactions? ofanyoftheamountsbuttheimpropermakingof
the collection which would prejudice the
A: accounting of collected amounts by the
1. Offenderisapublicofficerentrustedwith government.
the collection of taxes, licenses, fees and
otherimposts. Q:Whomaybeliableforillegalexaction?

2. Heisguiltyofanyofthefollowingactsor A:Illegalexactionisusuallycommitteesbyapublic
omissions:(FormsofIllegalExactions) officer charged with the duty to collect taxes,
license fees, import duties and other dues payable
a. First form: Demanding, directly or tothegovernment.
indirectly, the payment of sums
different or larger that those Note: Damage to the government is not required.
authorized by law Mere demand Public officers with such functions but are in the
will consummate the crime, even if serviceoftheBIRorBureauofCustomsarenottobe
the taxpayer shall refuse to come prosecuted under the Revised Penal Code but under
across with the amount being theNIRCortheRevisedAdministrativeCode.
demanded.
Illustration:
Note: Criminal intent must be shown If sums are received without demanding the same, a
that public officer demanded the felonyunderthisarticleisnotcommitted.However,if
payment of sums of money knowing the sum is given as a sort of gift or gratification, the
themtobeexcessive. crimeisindirectbribery.

If good faith is present, there is no Wherethereisdeceitindemandingagreaterfeethan
criminalliability. thoseprescribedbylaw,thecrimecommittedisestafa
andnotillegalexaction.
b. Second form: Failing voluntarily to
Thisfelonymaybecomplexedwithmalversation.E.g.
issueareceiptasprovidedbylaw,for
A tax collector who collected a sum larger than that
any sum of money collected by him
authorized by law spent all of them is guilty of two
officially The act of receiving crimes: (1) illegal exaction, for demanding a greater
payment due to the government amount; and (2) malversation, for misappropriating
withoutissuingareceiptwillgiverise theamountcollected.
to illegal exaction even though a
provisional receipt has been issued. OTHERFRAUDS
Whatthelawrequiresisareceiptin (Art.214)
the form prescribed by law, which
meansofficialreceipt. Q:Whataretheelementsofthiscrime?

155

A:
1. Offenderisapublicofficer 3. Guardians and executors with respect to
2. Hetakesadvantageofhisofficialposition the property belonging to their wards or
3. He commits any of the frauds or deceits theestate.
enumeratedinArticles315318
Note:Themereviolationoftheprohibitionispunished
Q:Whichcourthasjurisdiction? althoughnofraudoccurstherefrom.

A: The RTC has jurisdiction over the offense For a public official to be subject of this crime, it is
regardless of the amount or penalty involved, necessary that by reason of his office, he has to
becausetheprincipalpenaltyisdisqualification. interveneinsaidcontractsortransactions.

In Article 216, the offender includes not only
PROHIBITEDTRANSACTIONS
appointive but also elective public officials. In fact,
(Art.215)
under the second paragraph of the said article, even
privateindividualscanbeheldliable.
Act is punished because of the possibility that fraud
A: may be committed or that the officer may place his
1. Offenderisanappointivepublicofficer own interest above that oftheGovernment or ofthe
partywhichherepresents.
2. He becomes interested, directly or
indirectly, in any transaction of exchange Constitutionalprohibitionexists:
orspeculation Congresscannotpersonallyappearascounsel;cannot
be interested financially in any franchise or special
3. Transaction takes place within the privilege granted by government; cannot intervene in
territorysubjecttohisjurisdiction anymatterbeforeofficeofGovernment;

4. Hebecomesinterestedinthetransaction Executivecannotholdanyotheroffice;

duringhisincumbency
Constitutional Commission cannot hold any other

office, or engage in practice of profession or
E.g. Buying and selling stocks listed in the stock
management of business, or be financially interested
exchangebyanofficialoftheSEC.
in a contract with or franchise/privilege by the

government.
Purchasing of stock or shares in a company is simple
investmentandnotaviolationofthearticle.However,

regularlybuyingsecuritiesforresaleisspeculation. MALVERSATIONOFPUBLICFUNDSORPROPERTY
(Art.217)
Note: Actual fraud is not required for violation of
Article 215. The act being punished is the possibility Q:Whatarethepunishableacts?
that fraud may be committed or that the officer may
placehisowninterestabovethatofthegovernment. A:
1. Appropriatingpublicfundsorproperty
POSSESSIONOFPROHIBITEDINTERESTBYA 2. Takingormisappropriatingthesame
PUBLICOFFICER(Art.216) 3. Consenting, or through abandonment or
negligence, permitting any other person
Q:Whoarethepersonsliableunderthisarticle? totakesuchpublicfundsorproperty
4. Being otherwise guilty of the
A: misappropriation or malversation of such
1. Public officer who, directly or indirectly, fundsorproperty.
became interested in any contract or
businessinwhichitwashisofficialdutyto Note:Thenatureofthedutiesofthepublicofficerand
intervene. not the name of the office controls. (People v. Reyes,
SBCaseNo.26892,August15,2006)
2. Experts, arbitrators, and private
accountants who, in like manner, took Q: What are the common elements to all acts of
part in any contract or transaction malversation?
connected with the estate or property in
theappraisal,distributionoradjudication A:
ofwhichtheyhadacted. 1. Offenderisapublicofficer
156

CRIMINALLAWTEAM:
2. Hehadthecustodyorcontroloffundsor involvedandconvictionthereofisproper.(Peoplev.
property by reason of the duties of his Pepito)
office
3. Those funds or property were public Q: Is damage to the government necessary to
funds or property for which he was constitutemalversation?
accountable
4. He appropriated, took, misappropriated A: No. It is not an element of the offense. It is
or consented, or through abandonment enough that the proprietary rights of the
negligence, permitted another person to government over the funds have been disturbed
takethem throughbreachoftrust.

Q:Whatisthethrustofthecrimeofmalversation? Q: Suppose the money is refunded on the same
day it was misappropriated, is malversation
A:Malversationispredicatedontherelationshipof committed?
theoffendertothepropertyorfundsinvolved.
A: Yes, refund of funds on the same day of
Q:Ingeneral,whocanbeheldliableforthecrime misappropriation does not exempt the offender
ofmalversation? from criminal liability. The return of the funds
malversed is only mitigating not exempting
A: The crime of malversation can be committed circumstance.
only by an officer accountable for the funds or
propertywhichisappropriated. Q: Suppose the offender is willing to pay the
amountmisappropriatedorwillingtomakesome
Q:Whoareaccountableofficers? restitution of the property misappropriated, can
hestillbeliableformalversation?
A:Accountableofficersincludecashiers,disbursing
officers or property custodians and any public A:Yes,becausethepaymentorrestitutiondoesnot
officer having custody of public funds or property extinguish criminal liability for malversation but
forwhichheisaccountable. onlythecivilliabilityoftheoffender.

Q: Is it necessary that the offender actually Q: If the disbursement of public funds is
misappropriatedthefunds? unauthorized, will that make up a case of
malversation?
A: No, somebody else may have misappropriated
the funds in question. It is enough that he has A:No.Thereisonlymalversationonlyifthepublic
violated the trust reposed on him in connection officer who has custody of public funds should
withtheproperty. appropriate, take, misappropriate; or consents or
permitsanyotherperson,throughabandonmentor
Q:Isitnecessarythattheoffenderprofitedbyhis negligence,totakesuchpublicfundsorproperty.
malversation?
Note: Where the payment of public funds has been
A: No. His being remiss in the duty of safekeeping made in good faith renders him only civilly but not
publicfundsviolatesthetrustreposed. criminallyliable.(Boado,2008)

Q: Is there a crime of malversation through Q: A private property was attached or levied by
negligence? the sheriff, can it be a subject of the crime of
malversation?
A: None. The crime is plain malversation whether
committedthroughdoloorculpa. A: Yes, though the property belonged to a private
person, the levy or attachment of the property
Q:Ifthechargeisforintentionalmalversationbut impresseditwiththecharacterofbeingpartofthe
what was proved was culpable malversation, can publicpropertyitbeingincustodialegis.
theoffenderbeconvictedunderthatInformation?
Q: Suppose the municipal treasurer allowed a
A: Yes. The dolo or culpa present in the offense is private persons check to be encashed using the
only a modality in the perpetration of the felony. funds in his custody, can he be liable for
Even if the mode charged differs from the mode malversation?
proved, the same offense of malversation is
157

A: Yes, the act of changing the cash of the andliquidated,thatis,acompleteandtrustworthy
government with the check of a private person, auditshouldhavebeenundertaken.
even though the check is good, malversation is
committed. Note:Themomentanymoneyiscommingledwiththe
public fund even if not due the government, it
Ratio:Acheckisclearedonlyafterthreedays.During becomes impressed with the characteristic of being
that period of three days, the government is being partofpublicfunds.
deniedtheuseofthepublicfund.
An accountable public officer may be convicted of
Q: May a private person commit the crime of malversation even if there is no direct evidence of
malversation? misappropriationandtheonlyevidenceistheshortage
intheaccountswhichhehasnotbeenabletoexplain
A: Yes, a private person may also commit satisfactorily.
malversationunderthefollowingsituations:
Q: What are the distinctions between
1. Conspiracy with a public officer in malversationandestafa?
committingmalversation
A:
MALVERSATION ESTAFA
2. When he has become an accomplice or
Committedbyaprivate
accessorytoapublicofficerwhocommits Committedbyan
personorevenapublic
malversation accountablepublic
officerwhoactsina
officer.
privatecapacity.
3. When the private person is made the
Dealswithpublicfundsor Dealswithprivate
custodian in whatever capacity of public property. property.
funds or property, whether belonging to Maybecommitted
national or local government, and withoutpersonal
misappropriatesthesame misappropriation,as Committedbypersonal
whentheaccountable misappropriationonly.
4. Whenheisconstitutedasthedepositary officerallowsanotherto
or administrator of funds or property misappropriatethesame.
seized or attached by public authority
even though said funds or property Q: A Municipal Treasurer, accountable for public
belongtoaprivateindividual funds or property, encashed with public funds
private checks drawn in favor of his wife. The
Q:Isdemandanelementofmalversation? checks bounced, the drawer not having enough
cashinthedraweebank.TheMunicipalTreasurer,
A: No. Demand merely raises a prima facie in encashing private checks from public funds,
presumption that missing funds have been put to violatedregulationsofhisoffice.Notwithstanding
personaluse. restitution of the amount of the checks, can the
Municipal Treasurer nevertheless be criminally
Q:Iffalsificationofdocumentswasresortedtofor liable?Whatcrimedidhecommit?Explain.
the purpose of concealing malversation, is a
complexcrimecommitted? A: Yes, notwithstanding the restitution of the
amount of the check, the Municipal Treasurer will
A:No,forcomplexcrimesrequirethatonecrimeis be criminally liable as restitution does not negate
used to commit another. If the falsification is criminal liability although it may be considered as
resorted to for the purpose of hiding the mitigating circumstance similar or analogous to
malversation,thefalsificationandmalversationare voluntary surrender. (People v. Velasquez, 73 Phil.
separateoffenses.(Peoplev.Sendaydiego) 98) He will be criminally liable for malversation.
However, if the restitution was made immediately
Q: When does presumption of misappropriation under vehement protest against an imputation of
arise? malversationandwithoutleavingtheoffice,hemay
notbecriminallyliable.(1999BarQuestion)
A: When a demand is made upon an accountable
officerandhecannotproducethefundorproperty FAILUREOFACCOUNTABLEOFFICERTORENDER
involved.Thepresumptionarisesonlyifatthetime ACCOUNTS(Art.218)
the demand to produce the public funds, the
accountabilityoftheaccusedisalreadydetermined Q:Whataretheelementsofthiscrime?

158

CRIMINALLAWTEAM:
A: malversationbecausedisbursementofpublicfundsfor
1. Offender is a public officer, whether in public use is per se not an unlawful act.(Abdulla v.
theserviceorseparatedtherefrom People,G.R.No.150129,April6,2005)
2. He must be an accountable officer for
publicfundsorproperty Q:Whyisittermedtechnicalmalversation?
3. He is required by law or regulation to
render accounts to the Commission on A:Becauseunderthisarticle,thefundorproperty
Audit,ortoaprovincialAuditor involvedisalreadyappropriatedorearmarkedfora
4. He fails to do so for a period of two certainpublicpurpose.
months after such accounts should be
rendered Q:Howistechnicalmalversationcommitted?

Note: This is a felony by omission and A: Instead of applying it to the public purpose for
misappropriation is not necessary. Demand for which the fund or property was already
accountingisnecessary.Itisnotnecessarythatthere appropriatedbylaw,thepublicofficerapplieditto
be misappropriation. If there is misappropriation, he anotherpurpose.
wouldbeliablealsoformalversationunderArt.217.
Q: X appropriated the salary differentials of
FAILUREOFARESPONSIBLEPUBLICOFFICERTO secondary school teachers of the Sulu State
RENDERACCOUNTSBEFORELEAVINGTHE Collegecontrarytotheauthorizationissuedbythe
COUNTRY(Art.219) DBM. Can X be held liable for technical
malversation?
A: A: No. The third element is lacking. The
1. Offenderisapublicofficer authorization given by DBM isnot an ordinance or
2. He must be an accountable officer for lawcontemplatedinArt.220.(Abdullav.People)
publicfundsorproperty
3. He must have unlawfully left (or be on Q: Suppose the application made proved to be
point of leaving) the Philippines without more beneficial to the public than the original
securingfromtheCommissiononAudita purpose for which the amount or property is
certificateshowingthathisaccountshave appropriated,istheretechnicalmalversation?
beenfinallysettled
A:Yes,becausedamageisnotanessentialelement
Note: Mere act of leaving without securing clearance oftechnicalmalversation.
constitutesthecrimeunderArt.219.Itisnotnecessary
that the public officer really misappropriated public Q:Supposethefundshadbeenappropriatedfora
funds. particular public purpose, but the same was
applied to private purpose, what is the crime
ILLEGALUSEOFPUBLICFUNDSORPROPERTY committed?
(Art.220)
A: The crime committed is simple malversation
Q:Whataretheelementsofthiscrime? only.

A: Q: What are the distinctions between technical
1. Offenderisapublicofficer malversationandmalversation?
2. Thereispublicfundorpropertyunderhis
administration A:
3. Such public fund or property has been TECHNICAL
appropriatedbylaworordinance MALVERSATION
MALVERSATION
4. Heappliesthesametoapublicuseother Offendersareaccountablepublicofficersinboth
thanthatforwhichsuchfundorproperty crimes.
has been appropriated by law or Offenderderivesno Generally,theoffender
ordinance personalgainorbenefit. derivespersonalbenefit.
Publicfundorpropertyis Conversionisforthe
Note: Illegal use of public funds or property is also divertedtoanother personalinterestofthe
knownastechnicalmalversation. publicuseotherthanthat offenderorofanother
providedforinthelaw. person.
Thepresumption of criminal intentwillnot, however,
automatically apply to all charges of technical
159

FAILURETOMAKEDELIVERYOFPUBLICFUNDS A:
ORPROPERTY(Art.221) 1. When a private person conspired with a
publicofficertocommitmalversation
Q:Whatarethepunishableacts? 2. Whenheisanaccompliceoraccessory
3. Whereaprivatepersonwasconstituteda
A: custodian in whatever capacity even
1. Failing to make payment by a public without a public officer involved and he
officer who is under obligation to make misappropriatedthesame.(Boado,2008)
suchpaymentfromGovernmentfundsin
hispossession Q: AA was designated custodian of the distrained
propertyofJJbytheBIR.Heassumedthespecific
2. Refusing to make delivery by a public undertakings which included the promise that he
officer who has been ordered by willpreserveandtheequipment.Subsequently,he
competent authority to deliver any reportedtotheBIRthatJJsurreptitiouslytookthe
property in his custody or under his distrained property. Did AA become a public
administration officerbyvirtueofhisdesignationascustodianof
distrainedpropertybytheBIR?
A:No.Tobeapublicofficer,onemust:
A: 1. Take part in the performance of public
1. That the public officer has government functions in the government, or in
fundsinhispossession performing in said government or in any
of its branches public duties as an
2. That he is under obligation to make employee, agent or subordinate official,
paymentsfromsuchfunds oranyrankorclass;and
2. That his authority to take part in the
3. Thathefailstomakepaymentmaliciously performance of public functions or to
performpublicdutiesmustbeby:
OFFICERSINCLUDEDINTHEPRECEDING a. Directprovisionofthelaw,or
PROVISIONS(Art.222) b. Popularelection,or
c. Appointmentbycompetentauthority.
Q: Who are the individuals that may be liable (Azarconv.Batausa)
underArt.217221? CONNIVING
A:
1. Private individual who in any capacity A:
whatsoever,havechargeofanynational, 1. Offenderisapublicofficer
provincial or municipal funds, revenue or 2. He is charged with the conveyance or
property custody of a prisoner, either detention
prisonerorprisonerbyfinaljudgment
2. Administrator, depository of funds or 3. Such prisoner escapes through his
propertyattached,seizedordepositedby negligence
public authority even if such property
belongstoaprivateindividual Note:Theremusthavebeendefinitelaxityamounting
todeliberatenonperformanceofduty.
Note: Sheriffs and receiver fall under the term
administrator. Thereisrealandactualevasionofserviceofsentence
when the custodian permits the prisoner to obtain
Judicial administrator is not covered by this article. relaxationofhisimprisonment.
(Appointedtoadministerestateofdeceasedandnotin
charge of property attached, impounded or placed in Illustration:
depositbypublicauthority) Thefactthatthepublicofficerrecapturedtheprisoner
who escaped from his custody does not afford
Privatepropertyisincludedifitisattached,seizedor completeexculpation.
depositedbypublicauthority.
Ifapolicemanonguarddutyunlockedthedoorofthe
Q: How is malversation committed by a private jail to let a detention prisoner to go out so he can
person? clean the premises, but on the latters third trip to a
nearby faucet, he walked behind the police
160

CRIMINALLAWTEAM:
headquarters, climbed over the wall and escape, this Note:Theelementsofthisfelonyaresimilartothatof

crimeisnotcommitted. infidelity in the custody of prisoners, except that the
offender is a private person to whom the custody of
Mereorder,howevertoaprisonertokeepclosewhile prisonershallhavebeenconfided.
answeringthetelephoneisnotasufficientprecaution
under the circumstances and of the escape of the Illustration:
prisoner,heisliableunderthisarticle.Heshouldhave When such private person shall accept any
locked the prisoner back in jail before answering the considerationorgiftforthenonperformanceofaduty
telephone as there was nothing in the call confided to him, bribery is committed in addition
necessitating preference to accuseds official duty of because he is performing a public function, hence, at
lockinghimbackinjail. thatinstance,heisdeemedtobeapublicofficer.

Q: Will mere laxity amount to negligence within Note: This article is not applicable if a private person
thecontemplationofArt.224? wastheonewhomadethearrestandheconsentedto
theescapeofthepersonarrested.
A: Yes. It is the duty of any police officer having
custodyofaprisonertotakenecessaryprecautions Q: How is the infidelity committed by private
to assure the absence of any means of escape. A person?
failuretoundertaketheseprecautionswillmakehis
act one of definite laxity or negligence amounting A: Under Article 225, infidelity can also be
todeliberatenonperformanceofduty.(Rodillasv. committed by a private person to whom the
Sandiganbayan,citedinBoado2008p.609) prisoner was entrusted and he connived with the
prisoner (Art.223) or through his negligence (Art.
Note: But in People v. Nava, negligence here is one 224)theprisonerwasallowedtoescape.
which approximates malice or deliberate non
performance of duty. He may be charged Note: If the escapewaswith consideration, bribery is
administrativelybutnotcriminally.(Boado,2008) deemed committed in addition because he was
performing a public function, hence is, at that
Q: What is the liability of the escaping the instance,deemedtobeapublicofficer.(Boado,2008)
prisoner?
REMOVAL,CONCEALMENTORDESTRUCTIONOF
A: DOCUMENT(Art.226)
1. If the fugitive is serving his sentence by
reason of final judgment he is liable for Note:Thiscrimeisalsocalledinfidelityinthecustody
evasion of the service of sentence under ofdocuments.
Art.157;
2. Ifthefugitiveisonlyadetentionprisoner
hedoesnotincuranycriminalliability. A:
1. Theoffenderisapublicofficer
ESCAPEOFPRISONERUNDERTHECUSTODYOFA
PERSONNOTAPUBLICOFFICER(Art.225) 2. He abstracts, destroys, or conceals
documentsorpapers
Note: Destroying or concealing documents or
A: papersdoesnotrequireproofofillicitpurpose.
1. Offenderisapublicperson
3. Said documents or papers should have
2. Conveyance or custody of prisoner or been entrusted to such public officer by
personunderarrestisconfidedtohim reasonofhisoffice

3. Prisonerorpersonunderarrestescapes Note: The document must be complete and one
by which a right can be established or an

obligationcouldbeextinguished.
4. Offender consents to the escape of the

prisoner or person under arrest or that
4. Damage, whether serious or not, to a
the escape takes place through his
thirdpartyortothepublicinterestshould
negligence
havebeencaused.
161

Note: The damage to third persons or to the 3. Concealment means that the
publicmustbeactualbutneednotbepecuniary documents are not forwarded to their
ormaterial. destination and it is not necessary that
they are secreted away in a place where
Damageinthisarticlemayconsistinmerealarm theycouldnotbefound.
tothepublicorinthealienationofitsconfidence
inanybranchofthegovernmentservice. Q: Suppose, in the case for bribery or corruption,

the monetary consideration was marked as
If the act charged is removal of the documents,
exhibits, the custodian spent the money so
there must be proof of an illicit or unlawful
purpose on the part of the offender unlike in
marked,whatisthecrimecommitted?
cases of destroying or concealing the same for
whichnoproofofcriminalpurposeorobjectiveis A:Thecrimecommittedisinfidelityinthecustody
required. of documents because the money adduced as
exhibitspartakethenatureofadocumentandnot
Q:Mustremovalbeforanillicitpurpose? asmoney.

A: Yes. Removal is for an illicit purpose when the Note: Papers would include checks, promissory
intentionoftheoffenderisto: notesandpapermoney.

Delivering the document to the wrong party is
1. Tamperwithit
infidelityinthecustodythereof.
2. Profitbyit

3. Commit an act constituting a breach of
OFFICERBREAKINGSEAL
trustintheofficialcarethereof.
(Art.227)

Q:Whenisthecrimeconsummated?

A: The crime of removal of public document in
A:
breach of official trust is consummated upon its
removal or secreting away from its usual place in
2. Heischargedwiththecustodyofpapers
theofficeandaftertheoffenderhadgoneoutand
orproperty
lockedthedoor,itbeingimmaterialwhetherhehas
3. These papers or property are sealed by
orhasnotactuallyaccomplishedtheillicitpurpose
properauthority
forwhichheremovedsaiddocument.
4. Hebreaksthesealsorpermitsthemtobe

broken
Q: What is punished in the crime of infidelity in

thecustodyofdocuments?
Q: Is damage or intent to cause damage

necessary?
A:Itisthebreachofpublictrustwhichispunished.

A: No. The crime may be committed through
Q: In what ways the crime of infidelity of
negligence.
documentsmaybecommitted?

Note: It is the breaking of the seals and not the
A:
openingofaclosedenvelopewhichispunished.
1. Removal presupposes appropriation of
theofficialdocuments.Itdoesnotrequire Damageispresumed.
that the record be brought out of the
premises where it is kept. It is enough Q: What constitutes the crime of breaking the
that the record be removed from the seal?
place where it should be transferred to
anotherplacewhereitisnotsupposedto A: The mere breaking of the seal or the mere
bekept. opening of the document would already bring
about infidelity even though no damage has been
2. Destruction Is equivalent to rendering sufferedbyanyoneorbythepublicatlarge.
useless or the obliteration of said
documents; the complete destruction Q: What is the rationale for penalizing the act of
thereofisnotnecessary. breakingtheseal?

162

CRIMINALLAWTEAM:
A: The act is being punished because the public d. He delivers those papers or copies
officer, in breaking the seal or opening the thereoftoathirdperson
envelope, violates the confidence or trust reposed e. Thedeliveryiswrongful
onhim. f. Damageiscausedtopublicinterest

OPENINGOFCLOSEDDOCUMENTS Note: This article punishes minor official betrayals,
(Art.228) infidelities of little consequences affecting usually the
administrationofjustice,executiveofofficialdutiesor
Q:Whataretheelementsofthiscrime? thegeneralinterestofthepublicorder.

A: Note:Thesecretsreferredtointhisarticlearethose
1. Offenderisapublicofficer which have an official or public character, the
revelationofwhichmayprejudicepublicinterest.They
refer to secrets relative to the administration of the
2. Any closed papers, documents or objects
government.
areentrustedtohiscustody

Note: Charge here means control or custody. If the
3. He opens or permits to be opened said publicofficerismerelyentrustedwiththepapersbut
closedpapers,documentsorobjects not with the custody, he is not liable under this
provision.
4. Hedoesnothaveproperauthority
If the papers contain secrets which should not be
Note:Thecloseddocumentmustbeentrustedtothe published,andthepublicofficerhavingchargethereof
custodyoftheaccusedbyreasonofhisoffice. removes and delivers them wrongfully to a third
person,thecrimeisrevelationofsecrets.Ontheother
Q: Suppose in the opening of the closed hand, if the papers do not contain secrets, their
document, the public officer abstracted its removalforanillicitpurposeisinfidelityinthecustody
contents,whatcrime/sis/arecommitted? ofdocuments.

A: The public officer is liable under Art. 228. He is Q: Are military secrets or those affecting national
alsoliablefortheft. securitycoveredinthisarticle?

REVELATIONOFSECRETSBYANOFFICER A: No, because military secrets or those affecting
(Art.229) national interest are covered by the crime of
espionage.
Q: What is the difference between Revelation of
A: SecretsbyanOfficerandInfidelityintheCustody
1. Revealing any secrets known to the ofDocument/PapersbyRemovingthesame?
offending public officer by reason of his
officialcapacity. A:
INFIDELITYINTHE
Elements: REVELATIONOFSECRETS CUSTODYOFTHE
a. Offenderisapublicofficer BYANOFFICER DOCUMENTS/PAPERSBY
b. Heknowsofasecretbyreasonofhis REMOVINGTHESAME
officialcapacity Thepaperscontain
c. He reveals such secret without secretsandtherefore
shouldnotbepublished Thepapersdonot
authorityorjustifiablereasons
andthepublicofficer containsecretsbuttheir
d. Damage,greatorsmall,iscausedto
havingchargethereof removalisforanillicit
thepublicinterest
removesanddelivers purpose.
themwrongfullytoa
2. Delivering wrongfully papers or copies of thirdperson.
papersofwhichhemayhavechargeand
whichshouldnotbepublished. PUBLICOFFICERREVEALINGSECRETSOFPRIVATE
INDIVIDUAL(Art.230)
Elements:
a. Offenderisapublicofficer Q:Whataretheelementsofthiscrime?
b. Hehaschargeofpapers
c. Those papers should not be
published
163

A: The refusal must be intentional and must
1. Offenderisapublicofficer notbe confusedwithomission arising from
2. He knows of the secrets of private oversight, mistake or erroneous
individualbyreasonofhisoffice interpretationoftheorder.
3. Herevealssuchsecretswithoutauthority
orjustifiablereason DISOBEDIENCETOORDEROFSUPERIOROFFICER,
WHENSAIDORDERWASSUSPENDEDBYINFERIOR
Note:Therevelationwillnotamounttoacrimeunder OFFICER(Art.232)
thisarticleifthesecretsarecontrarytopublicinterest
ortotheadministrationofjustice. Q:Whataretheelementsofthiscrime?

If the offender is an attorney, he is properly liable A:
underArt.209(betrayaloftrustbyanattorney) 1. Offenderisapublicofficer

Q:Shouldthesecretsberevealedpublicly? 2. An order is issued by his superior for
execution
A: No. The crime is consummated if the same are
communicatedtoanotherevenincloseintimacy. Note: The order of the superior must be
legal or issued within his authority,
Q: Should damage be suffered by the private otherwise,thisarticledoesnotapply.
individualfortheofficertobeliable?
3. He has for any reason suspended the
A: No. The reason for this provision is to uphold executionofsuchorder
faithandtrustinpublicservice.
4. His superior disapproves the suspension
Note: Revelation to any one person is necessary and oftheexecutionoftheorder
sufficient,forpublicrevelationisnotrequired.
5. Offender disobeys his superior despite
OTHEROFFENSESORIRREGULARITIESBYPUBLIC thedisapprovalofthesuspension
OFFICERS
Note: The disobedience must be open and
OPENDISOBEDIENCE repeated.
(Art.231)
Note: What is punished by the law is insubordination
Q:Whataretheelementsofthiscrime? oftheactofdefyingtheauthoritywhichisdetrimental
topublicinterest.

A:
1. Offenderisajudicialorexecutiveofficer REFUSALOFASSISTANCE
(Art.233)
2. There is judgment, decision or order of a
superiorauthority Q:Whataretheelementsofthiscrime?

3. Such judgment, decision or order was A:
madewithinthescopeofthejurisdiction 1. Offenderisapublicofficer
of the superior authority and issued with
allthelegalformalities 2. Competent authority demands from the
offender that he lend his cooperation
Note:Judgmentshouldhavebeenrendered towards the administration of justice or
inahearing otherpublicservice

4. Offender without any legal justification 3. Offenderfailstodosomaliciously
openly refuses to execute the said
judgment, decision or order, which he is Q:Givesomeoftheinstancesofthecrimerefusal
dutyboundtoobey ofassistance.

Note: The refusal must be clear, manifest A: Investigators and medicolegal officers refusing
and decisive or a repeated and obstinate to appear to testify in court after having been
disobedienceinthefulfillmentofanorder. subpoenaed

164

CRIMINALLAWTEAM:
Q:Isthecrimeofrefusalofassistancecommitted i. By the imposition of

only in connection with the administration of punishments not authorized by
justice? theregulations
ii. By inflicting such punishments
A: No, any refusal by a public officer to render (those authorized) in a cruel or
assistance when demanded by competent public humiliatingmanner
authority,aslongastheassistancerequestedfrom
himiswithinhisdutytorenderandthatassistance b. By maltreating such prisoner to
is needed for public service, constitutes refusal of extort a confession or to obtain
assistance. someinformationfromtheprisoner.

Note:Therequestmustcomefromonepublicofficeto Note: Maltreatment should not be due to personal
another. grudge, otherwise, offender is liable for physical
injuriesonly.
REFUSALTODISCHARGEELECTIVEOFFICE
(Art.234) Illustration:
The public officer/employee either imposed
Q:Whataretheelementsofthiscrime? punishment not authorized by the regulation or by
law, or inflicted punishment/disciplinary action
A: authorizedbylawinacruelorhumiliatingmanner.

1. Offenderiselectedbypopularelectionto
Thus,hittingaprisonerbyalatigoevenifthepurpose
apublicoffice
is to instill discipline is not authorized by law and
2. Herefusestobesworninortodischarge constitutesviolationofthisarticle.Ontheotherhand,
thedutiesofsaidoffice requiringprisonerstodigacanalwhereculvertsshall
3. There is no legal motive for such refusal beplacedtopreventfloodingintheprisoncompound
tobesworninortodischargetheduties is authorized by law and does not violate this article;
ofsaidoffice butifthepublicofficerwouldordertheprisonertodo
sofrommorninguptolateeveningwithoutanyfood,
Ratio: Discharge of duties becomes a matter of duty then this article is involved, as he inflicted such
andnotaright. authorized punishment in a cruel and humiliating
manner.
Note:Refusaltodischargethedutiesofanappointive
officeisnotcovered. Q: If the public officer who maltreated the
prisoner is not charged with the custody of such
If the elected officer is underage or disqualified, his prisoner,whatcrimeisheresponsiblefor?
refusaltobesworninortodischargethedutiesofthe
officeisjustified.
A:Thepublicofficerisliableforphysicalinjuries.
MALTREATMENTOFPRISONERS
Q:Whatismeantbyunderhischarge?
(Art.235)

A:Underhischargemeansactualcharge.

Q:Whenapersonismaltreatedbyapublicofficer
A:
who has actual charge of prisoners, how many
1. Offenderisapublicofficeroremployee
crimesmaybecommitted?

2. He has under his charge a prisoner or
A: Two crimes are committed, namely
detentionprisoner
maltreatment under Art.235 and physical injuries.

Maltreatment and physical injuries may not be
Note: To be considered as a detention
complexed because the law specified that the
prisoner, the person arrested must be
placedinjailevenforashorttime.
penaltyformaltreatmentshallbeinadditiontohis
liabilityforthephysicalinjuriesordamagecaused.
3. He maltreats such prisoner either of the
followingmanners: Q:Towhatdoesmaltreatmentreferto?

a. By overdoing himself in the A: Maltreatment refers not only in physical
correction or handling of a prisoner maltreatment but also moral, psychological, and
or detention prisoner under his otherkindsofmaltreatmentbecauseofthephrase
chargeeither: physical injuries or damage caused and cruel or
humiliatingmanner.(Boado2008,p.614)
165

3. He continues to exercise the duties and
Note: The practice of presenting captured persons in powersofsuchoffice
national television for public viewing is a form of
maltreatment because they are being presented as Q:Whoaretheofficerscontemplated?
criminals even before they are charged which is
humiliating.(Boado,2008) A: Those who have been suspended, separated,
declaredoveragedordismissed.
Q:Supposethepersonmaltreatedisnotaconvict
or a detention prisoner, what crime is/or ABANDONMENTOFOFFICEORPOSITION.
committed? (Art.238).

A:Thecrimecommittedwouldeitherbe: Q:Whataretheelementsofthiscrime?

1. Coercionifthepersonnotyetconfinedin A:
jailismaltreatedtoextortaconfession,or 1. Offenderisapublicofficer
2. Heformallyresignsfromhisposition
2. Physicalinjuriesifthepersonmaltreated 3. Hisresignationhasnotyetbeenaccepted
has already been arrested but is not yet 4. He abandons his office to the detriment
bookedintheofficeofthepoliceandput ofthepublicservice
injail.
Note:Theremustbeaformalorwrittenresignation.
Illustration:
If a Barangay Captain maltreats a person after the Q: Supposing the purpose of abandonment is to
latters arrest but before confinement, the offense is evade the discharge of duties, what will be the
not maltreatment but physical injuries. The victim
crime?
must actually be confined either as a convict or a

detentionprisoner.(Peoplev.Baring,37O.G.1366)
A:ThecrimeofAbandonmentofOfficeorPosition

will be qualified if the purpose behind the
ANTICIPATIONOFDUTIESOFAPUBLICOFFICE
abandonment is to evade the discharge of duties
(Art.236)
consisting of preventing, prosecuting or punishing

any of the crimes against national security (E.g.
espionageortreason),inwhichcase,thepenaltyis

higher.
A:

1. Offender is entitled to hold public office
Q: What are the differences between
or employment, either by election or
abandonment of office and negligence and
appointment
toleranceinprosecutionofoffense(Art.208)?

2. Lawrequiresthatheshouldfirstbesworn
A:
inand/orshouldfirstgiveabond
ABANDONMENTOF
DERELICTIONOFDUTY
OFFICE
3. He assumes the performance of the
Committedonlybypublic
dutiesandpowersofsuchoffice
officerswhohavethe
Committedbyapublic dutytoinstitute
4. Hehasnottakenhisoathofofficeand/or officer. prosecutionofthe
givethebondrequiredbylaw punishmentofviolations
oflaw.
PROLONGINGPERFORMANCEOFDUTIESAND Thepublicofficerdoes
POWERS(Art.237) notabandonhisoffice
Thepublicofficer
buthefailstoprosecute
abandonshisofficeto
Q:Whataretheelementsofthiscrime? anoffensebydereliction
evadethedischargeofhis
ofdutyorbymalicious
duty.
A: toleranceofthe
1. Offenderisholdingapublicoffice commissionofoffenses.

2. Period provided by law, regulations or USURPATIONOFLEGISLATIVEPOWERS
special provisions for holding such office, (Art.239)
hasalreadyexpired
Q:Whataretheelementsthiscrime?
166

CRIMINALLAWTEAM:

A: Note:Theoffenderisanypublicofficerwhohasbeen
1. Offenderisanexecutiveorjudicialofficer lawfully required to refrain from continuing with his
course of action. He must wait until the question of
2. Offender makes general rules or jurisdictionisfinallysettled.
regulations beyond the scope of his
authority or attempts to repeal a law or ORDERSORREQUESTSBYEXECUTIVEOFFICERS
suspendstheexecutionthereof TOANYJUDICIALAUTHORITY
(Art.243)
USURPATIONOFEXECUTIVEFUNCTIONS
(Art.241) Q:Whataretheelementsofthiscrime?

Q:Whataretheelementsofthiscrime? A:
1. Offenderisanexecutiveofficer
A: 2. He addresses any order or suggestion to
1. Offenderisajudge anyjudicialauthority
3. The order or suggestion relates to any
2. He: case or business coming within the
a. Assumes a power pertaining to the exclusive jurisdiction of the courts of
executiveauthorities;or justice.
b. Obstructs executive authorities in
thelawfulexerciseoftheirpowers. Note: Legislative or judicial officers are not liable
underthisarticle.
Note: Legislative officers are not liable for usurpation
ofexecutivefunctions. Meresuggestionispunishable.

USURPATIONOFJUDICIALFUNCTIONS UNLAWFULAPPOINTMENTS
(Art.242) (Art.244)

Q:Whataretheelementsofthiscrime? Q:Whataretheelementsofthiscrime?

A: A:
1. Offender is an officer of the executive 1. Offenderisapublicofficer
branchoftheGovernment 2. He nominates or appoints a person to a
publicoffice
2. He assumes judicial powers, or obstructs 3. Such person lacks the he legal
the execution of any order or decision qualificationthereof
rendered by any judge within the 4. Offender knows that his nominee or
jurisdiction employee lacks the qualifications at the
time he made the nomination or
Note:Art.239to241punishinterferencebyofficersof appointment
oneof thethree departmentof the governmentwith
thefunctionsofanofficialofanotherdepartment. Q: Is the act of recommending punishable under
thisarticle?
DISOBEYINGREQUESTFORDISQUALIFICATION
(Art.242) A: No, mere recommending, even if with the
knowledge that the person recommended is not
Q:Whataretheelementsofthiscrime? qualified,isnotacrime.Hemustnominate.

A: Note:Theremustbealawprovidingforqualifications
1. Offenderisapublicofficer ofapersontobenominatedorappointedtoapublic
office.
2. Proceeding is pending before such public
officer
3. There is a question brought before the ABUSESAGAINSTCHASTITY
proper authority regarding his (Art.245)
jurisdiction,whichisyettobedecided
4. He has been lawfully required to refrain Q:Whatarethepunishableacts?
fromcontinuingtheproceeding
5. Hecontinuestheproceeding
167

A: Q:Whataretheinstanceswhereabuseofchastity
1. Soliciting or making immoral or indecent mayarise?
advances to a woman interested in
matters pending before the offending A:
officer for decision, or with respect to 1. Thewoman,whoistheoffendedparty,is
whichheisrequiredtosubmitareportto the party in interest in a case where the
orconsultwithasuperiorofficer offender is the investigator or he is
required to render a report or he is
2. Soliciting or making immoral or indecent requiredtoconsultwithasuperiorofficer.
advances to a woman under the This does not include any casual or
offenderscustody incidental interest. This refers to interest
in the subject of the case under
3. Solicitingormakingindecentadvancesto investigation.
the wife, daughter, sister or relative
withinthesamedegreebyaffinityofany Note: It is immaterial whether the woman
person in the custody of the offending didnotagreeoragreedtothesolicitation.
wardenorofficer
This covers any public officer before whom
Q:Whataretheelementsofthiscrime? matters are pending for resolution or for
which he is required to submit a report or
A: consultasuperior.
2. The woman who is the offended party in
2. He solicits or makes immoral or indecent the crime is a prisoner under the custody
advancestoawoman of a warden or the jailer who is the
offender. This crime cannot be
3. Suchwomanis: committedifthewardenisawomanand
a. Interestedinmatterspendingbefore the prisoner is a man. Men have no
the offender for decision or with chastity.Onlyaladycanbeacomplainant
respect to which he is required to here so that a gay guard or warden who
submit a report to or consult with a makes immoral proposals or indecent
superiorofficer;or advances to a male prisoner is not liable
underthislaw.
b. Underthecustodyoftheoffenderis
Note: Immoral or indecent advances
a warden or other public officer
contemplated here must be persistent. It
directly charged with the care and
mustbedetermined.Amerejokewouldnot
custody of prisoners or persons suffice.
underarrest;or
3. The crime is committed upon a female
c. Thewife,daughter,sisterorrelative relativeofaprisonerunderthecustodyof
withinthesamedegreebyaffinityof the offender, where the woman is the
the person in the custody of the daughter, sister or relative by affinity in
offender. thesamelineasoftheprisonerunderthe
custody of the offender who made the
Note:Thecrimeiscommittedbymereproposal.Ifthe
indecent or immoral solicitation. The
offender succeeds in committing a crime against
mother is not included so that any
chastity, the solicitation and advances are considered
asmerelyaspreparatoryacts.
immoralorindecentsolicitationuponthe
motheroftheprisonerdoesnotgiverise
Proof of solicitation is not necessary when there is to this crime, but the offender may be
sexualintercourse. prosecuted under the Section 28 of the
RA3019(AntiGraftandCorruptPractices
Q:Whatistheessenceofthecrimeabusesagainst Act).
chastity?
Note: To solicit means to propose earnestly and
A: The essence of the crime is mere making of persistently something unchaste and immoral to a
immoralorindecentsolicitationoradvances. woman.

168

CRIMINALLAWTEAM:
Q:Ifthejailwardenforcedhimselfagainstthewill for himself or for any other person, in

of the woman prisoner, what is/are the crime/s connection with any contract or transaction
committed? between the Governmentand any other part,
wherein the public officer in his official

A:Rapeiscommittedasidefromtheabuseagainst
chastity. Abuse of chastity is not absorbed in the capacityhastointerveneunderthelaw.
crime of rape because the basis of penalizing the
actsisdifferentfromeachother. Note:Thisisaspecialformofbribery

A.AntiGraftandCorruptPracticesAct Q:Whataretheelementsofthiscrime?

A:
Q:Whoarecoveredunderthisact?
1. Theoffenderisapublicofficer
A: All public officers which includes elective and 2. He requested and/or received, directly
or indirectly a gift, present or
appointive officials and employees, permanent or
consideration
temporary,whetherintheclassifiedorunclassified 3. Thegift,presentorconsiderationwasfor
or exempt service, receiving compensation, even thebenefitofthesaidpublicofficerorfor
nominalfromthegovernment. anyotherperson
4. It was requested and/or received in
Note:Governmentincludes: connectionwithacontractortransaction
withtheGovernment
1. Nationalgovernment 5. The public officer has the right to
2. Localgovernment intervene in such contract or transaction
3. GOCCs inhisofficialcapacity
4. Otherinstrumentalitiesoragencies
5. Theirbranches Note: R.A. 3019 punishes the separate acts
of:
Q: What are the punishable acts under Sec. 3 of 1. Requesting
R.A.3019? 2. Receiving
3. Requestingandreceiving
A:
1. Apublicofficer: Lack of demand is immaterial. After all, it
a. Persuading, inducing, or influencing usesthewordorbetweenrequestingand
anotherpublicofficerto: receiving.
i. Perform an act constituting a
violation of the Rules and 3.Directlyorindirectlyrequestingorreceiving
Regulations duly promulgated anygift,presentorotherpecuniaryormaterial
bycompetentauthority,or benefit, for himself or for another, from any
ii. An offense in connection with
person for whom the public officer, in any
theofficialdutiesofthelatter
manner or capacity, has secured or obtained,
Note: An example of the abovementioned or will secure or obtain, any Government

punishable act is the act of Former Comelec permitorlicense,inconsiderationforthehelp
ChaimanBenjaminAbalosinbribingRomuloNeri givenortobegiven.
theamountof200MillionPesosinexchangefor
Note:Thisisaspecialformofbribery
the approval of the NBN Project. (Neri v. Senate
Committee on Accountablility of Public Officers
4. Accepting or having any member of his
and Investigation, G.R. No. 180643, March 25,
family accept employment in a private
2008)
enterprise which has pending official business
b. Allowing himself to be persuaded, with him during the pendency thereof or
induced or influenced to commit such withinoneyearafteritstermination.
violationoroffense.
2.Directlyorindirectlyrequestingorreceiving
anygift,present,share,percentage,orbenefit,
169

A: A:
1. The public officer accepted, or a. Offenderisapublicofficer
having any of his family member
accept any employment in a private b. Public officer neglected or refused to act
without sufficient justification after due
enterprise
demand or request has been made on
2. Such private enterprise has a him
pending official business with the
publicofficer c. Reasonable time has elapsed from such
3. Itwasacceptedduring: demand or request without the public
i. Thependencythereof,or officer having acted on the matter
ii. Within 1 year after its pendingbeforehim

termination
d. Suchfailuretoactisforthepurposeof:
i. Obtaining(directlyorindirectly)
5. Causing any undue injury to any party, from any person interested in
including the Government, or giving any the matter some pecuniary or
private party any unwarranted benefits, materialbenefitoradvantage,
advantageorpreferenceinthedischargeofhis ii. Favoringhisowninterest,
official administrative or judicial functions iii. Givingundueadvantageinfavor
through manifest partiality, evident bad faith of or discriminating against any
otherinterestedparty.
orgrossinexcusablenegligence.

Note: The neglect or delay of public function
Q:Whataretheelementsofthiscrime? must be accompanied by an express or implied
DEMAND of any benefit or consideration for
A: himself or another. Absent such demand, the
officershallbemerelyadministrativelyliable.
1. Theaccusedmustbeapublicofficer
dischargingadministrative,judicialor 7. Entering, on behalf of the Government,
officialfunctions into any contract or transaction
manifestlyandgrosslydisadvantageousto

the same, whether or not the public
2. He must have acted with manifest officerprofitedorwillprofitthereby.
partiality, evident bad faith or
inexcusablenegligence Q:Whataretheelementsofthiscrime?

3. Thathisactioncaused: A:
i. Any undue injury to any
1. Accusedisapublicofficer
party, including the
2. Thepublicofficerenteredintoacontract
government,or or transaction on behalf of the
ii. Giving any private party government
unwarranted benefits, 3. Suchcontractortransactionisgrosslyand
advantageorpreferencein manifestly disadvantageous to the
the discharge of his government.(thethresholdofthecrime)
functions.
Note: Lack of public bidding and violation of
administrative orders do not by themselves
Note: Since bad faith is an element, good faith
satisfythe3rdelement.Itdoesnotinitselfresult
andlackofmaliceisavaliddefense. to manifest and gross disadvantage. The law
requiresthedisadvantagebegrossandmanifest.
6. Neglectingorrefusing,afterduedemand (Caunanv.People)
orrequest,withoutsufficientjustification,
to act within a reasonable time on any 8. Directly or indirectly having financial or
matterpendingbeforehim. pecuniary interest in any business,
contractortransactioninwhichhe:
Q:Whataretheelementsofthiscrime? a. Intervenesortakespartinhisofficial
capacity;or
170

CRIMINALLAWTEAM:
b. Is prohibited by the constitution or 3. Person urging the divulging or untimely

bylawfromhavinganyinterest release of the confidential information in
par.11.
Note: Intervention must be actual and in the
officialcapacityofthepublicofficer. Q: What are the prohibited acts for private
individuals?
9. a. Directly or indirectly becoming
interested,forpersonalgains,or A:Itshallbeunlawful:
b. Having a material interest in any
transactionoractwhich: 1. For any person having family or close
personal relation with any public official
i. Requires the approval of a to capitalize or exploitor take advantage
board, panel or group of which of such family or personal relation, by
he is a member and which directly or indirectly requesting or
exercises discretion in such receiving any present, gift, material or
approval pecuniary advantage from any person
ii. Even if he votes against the having some business, transaction,
same or does not participate in application, request or contract with the
the action of the board, government, in which such public officer
committee,panelorgroup. hastointervene(Sec.4)
Note: Interest for personal gain shall be Note: Family relations include the spouse or
presumed against those public officials relatives by consanguinity or affinity within 3rd
responsible for the approval of manifestly civildegree.
unlawful, inequitable, or irregular transaction or
acts by the board, panel or group to which they ClosePersonalrelationsinclude:
belong. a. Closepersonalfriendship
b. Socialandfraternalrelations
10. Knowingly approving or granting any c. Personalemployment
license, permit, privilege or benefit in
favorof: Thisallgivesrisetointimacywhichassumesfree
a. Any person not qualified for or not accesstosuchpublicofficer.
legally entitled to such license,
permit,privilegeorbenefit;or 2. For any person to knowingly induce or
b. A mere representative or dummy of causeanypublicofficialtocommitanyof
one who is not so qualified or theoffensesdefinedinSec.3.(Sec.6)
entitled.
Q: What are the other prohibited acts for the
11. a.Divulgingvaluableinformationofa: relatives?
i. Confidentialcharacter
ii. Acquiredbyhisofficeorbyhim A: GR: it shall be unlawful for the spouse or
rd
on account of his official relative by consanguinity or affinity within 3 civil
positiontounauthorizedperson degree of the President, Vice President, Senate
b. Releasing such information in President, or Speaker of the House to intervene
advance of its authorized released directly or indirectly in any business, transaction,
date.
contractorapplicationwiththegovernment.
Note: The ff. persons shall also be punished with the

XPN:Thiswillnotapplyto:
publicofficerandshallbepermanentlyortemporarily
disqualified, in the discretion of the Court, from 1. Any person who prior to the assumption
transactingbusinessinanyformwiththeGovernment: of office of any of the above officials to
1. Person giving the gift, present, share, whom he is related, has been already
percentageorbenefitinpar.2and3. dealing with the Government along the
2. Personofferingorgivingtothepublicofficer samelineofbusiness
theemploymentmentionedinpar.4.
171

2. Any transaction, contract or application equity or any other form of interest or
alreadyexistingorpendingatthetimeof participation including the promise of
suchassumptionofpublicoffice future employment in any business
enterpriseorundertaking
3. Anyapplicationfiledbyhimtheapproval
of which is not discretionary on the part 5. By establishing agricultural, industrial or
of the official or officials concerned but commercial monopolies or other
dependsuponcompliancewithrequisites combinations and/or implementation of
provided by law, or rules or regulations decrees and orders intended to benefit
issuedpursuanttolaw particularpersonsorspecialinterests

4. Any act lawfully performed in an official 6. By taking undue advantage of official
capacityorintheexerciseofaprofession. position, authority, relationship,
connectionorinfluencetounjustlyenrich
B.AntiPlunderAct himselforthemselvesattheexpenseand
(R.A.7080,asamended) to the damage and prejudice of the
Filipino people and the Republic of the
Q:Whoarecoveredunderthisact? Philippines

A: Public officers which means any person holding Q:WhatisPlunder?
anypublicofficeintheGovernmentoftheRepublic
of the Philippines by virtue of an appointment, A: It is a crime committed by a public officer by
electionorcontract. himself or in connivance with members of his
family, relatives by affinity or consanguinity,
Q:Whatisillgottenwealth? businessassociates,subordinatesorotherpersons,
by amassing, accumulating or acquiring illgotten
A: It is any asset, property, business enterprise or
wealth through a combination or series of overt
material possession of any person, acquired by a
acts in the aggregate amount or total value of at
public officer directly or indirectly through
leastP50million.
dummies, nominees, agents, subordinates and/or

businessassociates.
Q:Whatiscombination?
Q:Howisillgottenwealthacquired?
A: Combination refers to at least 2 of the above
A:Itisacquiredbyanycombinationorseriesofthe enumerationsfoundindifferentnumbers.
followingmeansorsimilarschemes:
e.g. misappropriation in no.(1) and receiving
1. Through misappropriation, conversion, commissioninno.(2).
misuse,ormalversationofpublicfundsor
raidsonthepublictreasury Q:Whatisseries?

2. By receiving, directly or indirectly, any A: Series refersto at least 2 or more overt acts is
commission, gift, share, percentage, underthesamecategoryofenumeration.
kickbacks or any/or entity in connection
e.g. misappropriation and raids of public treasury all
with any government contract or project
foundinno.(1)
or by reason of the office or position of

thepublicofficerconcerned
Q:Isitnecessarytoproveeachandeverycriminal
3. Bytheillegalorfraudulentconveyanceor act done by the accused to commit the crime of
disposition of assets belonging to the plunder?
National government or any of its
subdivisions,agenciesorinstrumentalities A:No.Itissufficienttoestablishbeyondreasonable
or governmentowned or controlled doubtapatternofovertorcriminalactsindicative
corporationsandtheirsubsidiaries oftheoverallunlawfulschemeorconspiracy.

4. By obtaining, receiving or accepting Note: Plunder is a malum in se. The degree of
directly or indirectly any shares of stock, responsibility of the offender is determined by his
172

CRIMINALLAWTEAM:
criminalintent.Hence,itauthorizestheapplicationof
mitigatingandextenuatingcircumstancesintheRPC.
TheLawissilentonwhetherapersoncanbecharged
with a predicate crime. E.g.Garcia pleading guilty
before the Sandiganbayan to the lesser offenses of
indirect bribery and facilitating money laundering,
instead of plunder, which is a nonbailable capital
offense, and to return less thanhalf the loot he was
accusedofstealing.
C.HumanSecurityActof2007(R.A.9372)
Q: What is the effect of failure to deliver the

suspecttotheproperjudicialauthorityunderthis
act?
A: Any police or law enforcement personnel who

has taken custody of a person charged with or
suspectedofthecrimeofterrorismorthecrimeof
conspiracy to commit terrorism shall deliver the
same to the proper judicial authorities within a
period of 3 days counted from the moment of
apprehension, arrest, detention and taking into
custodybythepoliceorlawenforcementpersonnel
otherwise, such police or law enforcement
personnel shall be penalized with 10 years and 1
dayto12yearsimprisonment.
Q:Whatisthepenaltyforinfidelityinthecustody
ofdetainedpersons?
A: Any public officer who has direct custody of a

detainedpersonorundertheprovisionsofthisAct
and who by his deliberate act, misconduct, or
inexcusablenegligencecausesorallowstheescape
ofsuchdetainedpersonshallbeguiltyofanoffense
andshallsufferthepenaltyof:
1. 12 years and 1 day to 20 years of

imprisonmentifthedetainedpersonhas
already been convicted and sentenced in
afinaljudgmentofacompetentcourt

2. 6 years and 1 day to 12 years of
imprisonmentifthedetainedpersonhas
not been convicted and sentenced in a
finaljudgmentofacompetentcourt.(Sec.
44)
173

VIII.CRIMESAGAINSTPERSONS(246266) offendedparty.Itisimmaterialthatheknewofthe
relationshipoftheaccusedandthedeceased.
DESTRUCTIONOFLIFE
Q:Toconstituteparricideofaspouse,whatmust
PARRICIDE beestablished?
(Art.246)
A:Theremustbeavalidsubsistingmarriageatthe
Q:Whataretheelementsofthiscrime? time of the killing. Also, the information should
allege the fact of such valid marriage between the
A: accusedandthevictim.
1. Deceasediskilledbytheaccused.
2. Deceasedisthe: Note:Parricideofspouserequiresproofofmarriage.
a. Father
b. Mother Q:SupposeaMuslim,whohasthreewives,killed
c. Child, whether legitimate or thethird.Isheliableforparricide?
illegitimate
d. Legitimate other ascendant or other A:No.Muslimhusbandswithseveralwivescanbe
descendant convicted of parricide only in case the first wife is
e. Legitimatespouseoftheaccused. killed. There is no parricide if the other wives are
killedalthoughtheirmarriageisrecognizedasvalid.
Illustration:
Ratio:ACatholicmancancommitthecrimeonlyonce.
The relationship, except the spouse, must be in the If a Muslim husband could commit the crime more
direct line and not in the collateral line. Hence, if A, than once, in effect, he is being punished for the
fatherofthevictimV,wasassistedbyN(anephew)in marriage which the law itself authorized him to
killing V, then A is guilty of parricide while N contract.
committed murder (as the deceased was killed while
sleeping)andnotparricide. Q: What are the cases of parricide where the
penalty of Reclusion Perpetua to Death shall not
Q: Must the relationship between the offender beimposed?
andtheoffendedpartybelegitimate?
A:
A:Yes,exceptwhentheoffenderandtheoffended 1. Parricidethroughnegligence(Art.365)
partyarerelatedasparentandchild. 2. Parricidethroughmistake(Art.249)
3. Parricideunderexceptionalcircumstances
Note:Iftheoffenderandtheoffendedparty,although (Art.247)
related by blood and in the direct line, are separated
by an intervening illegitimate relationship, parricide Q:Whataretheessentialelementsofthecrime?
cannolongerbecommitted.
A: Relationship of the offender with the victim is
Theonlyillegitimaterelationshipthatcanbringabout the essential element of the crime. Hence, if a
parricide is that between parents and illegitimate
personwantedtokillastrangerbutbymistakehe
childrenastheoffenderandtheoffendedparties.
killed his own father, he will be held liable for

Thepresenceofanyofthequalifyingcircumstancesin
parricide but Art. 49 will apply as regards the
murder will be considered a generic aggravating properpenaltytobeimposed.
circumstanceinparricide.
Q: If a person killed his/her adopted child, would
Note: The victim must not be less than 3 days old, thatconstituteparricide?
otherwise,thecrimeisinfanticide.
A: No. Since relationship of the offender with the
Q:Supposeastrangerconspiresinthecommission victim is the essential element of the crime, killing
of the crime of parricide, what is his criminal an adopted child even if adoption confers on the
liability? adopted child all rights and privileges of a
legitimate child could not be parricide. It is either
A:Thestrangerisliableforhomicideormurder,as murderorhomicideasthecasemaybe.
the case may be, because of the absence of
relationship.Theruleonconspiracythattheactof Q:Akilled:
oneistheactofalldoesnotapplyherebecauseof 1. A woman with whom he lived without
the personal relationship of the offender to the thebenefitofclergy
174

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Persons
2. Theirchildwhowasonlytwodaysold considered to have acted in a justified outburst of

3. Theirdaughter;and passion or a state of mental disequilibrium. The
4. Theiradoptedson offended spouse has no time to regain his self
control.
WhatcrimeorcrimesdidAcommit?
Q:WhatisthenatureofArt.247?
A:Acommittedthefollowingcrimes:
A:Art.247farfromdefiningafelonyismoreofan
1. Homicide or murder as the case may be exempting circumstance as the penalty intended
for the killing of the commonlaw wife morefortheprotectionoftheaccusedratherthan
whoisnotlegallyconsideredasspouse. apunishment.Putdifferently,itpracticallygrantsa
privilege amounting to an exemption for adequate
2. Infanticide for the killing of the child as punishment.
saidchildislessthan3daysold(Art255,
RPC). However, the penalty Q: What are the two stages contemplated under
corresponding to parricide shall be Art.247?
imposed since A is related to the child
withinthedegreedefinedinthecrimeof A:
parricide. 1. When the offender surprised the other
spousewithaparamourormistress.
3. Parricide for the killing of their daughter,
whetherlegitimateorillegitimate,aslong Note:Surprisemeanstocomeuponsuddenly
as she is not less than 3 days old at the orunexpectedly.
timeofkilling.
The attack must take place while the sexual
4. Murder for the killing of their adopted intercourse is going on. If the surprise was
sonastherelationshipbetweenAandthe beforeoraftertheintercourse,nomatterhow
immediate,Article247doesnotapply.
said son must be by blood in order for

parricidetoarise.
2. When the offender kills or inflicts serious
physical injury upon the other spouse and

DEATHORPHYSICALINJURYINFLICTEDUNDER
paramourwhileintheactofintercourse,or
EXCEPTIONALCIRCUMSTANCES
immediately thereafter, that is, after
(Art.247)
surprising.

Q:WhataretheelementsofArt.247?
Q: What is meant by the phrase immediately
thereafter?
A:

1. A legally married person or a parent
A: The phrase immediately thereafter has been
surprises his spouse or daughter, the
interpreted to mean that between the surprising
latter under 18 years of age and living
andthekillingortheinflictingofthephysicalinjury,
withhim,intheactofcommittingsexual
thereshouldbenointerruptionorintervaloftime.
intercourse.
Inotherwords,itmustbeacontinuousprocess.

2. He or she kills any or both of them or
Q: What is meant by the phrase in the act of
inflicts upon any or both of them any
committingsexualintercourse?
serious physical injury in the act or

immediatelythereafter.
A: It means that there must be actual sexual

intercourse.Itdoesnotincludepreparatoryacts.
3. He has not promoted or facilitated the

prostitution of his wife or daughter, or
Q:Isitnecessarythatthespouseactuallysawthe
that he or she has not consented to the
infidelityoftheotherspouse. sexualintercourse?
Note:Thisarticledoesnotdefineacrime.Itprovidesa A: No. It is enough that he/she surprised them

defense,whichtheaccusedmustprove undersuchcircumstancesthatnootherreasonable
conclusioncanbeinferredbutthatacarnalactwas
Q:WhatistherationaleforArt.247? beingperformedorhasjustbeencommitted.

A: The law affords protection to a spouse Note: The killing or infliction of physical injuries must
175

be in the act of sexual intercourse or immediately openedthedoorverycarefullyandpeepedinside
thereafter.Thus,wheretheaccusedsurprisedhiswife wherehesawhiswifeBhavingsexualintercourse
and herparamour in the carnalact but the latter ran withtheirneighborC.Arushedinsideandgrabbed
away,hefirstchasedhimandunabletocatchupwith Cbutthelattermanagedtowresthimselffreeand
him,returnedtohiswife whomhefoundatthestairs jumped out of the window. A followed suit and
of their house, no longer in the place where he saw managed to catch C again and after a furious
her having sex with the paramour and killed her, he struggle,managedalsotostranglehimtodeath.A
canavailofArt247.
thenrushedbacktotheirbedroomwherehiswife
Illustration:
B was cowering under the bed covers. Still

Abarexaminee,whokilledtheparamourofhiswifein
enraged,AhitBwithfistblowsandrenderedher
a mahjong session, an hour after he had surprised unconscious. The police arrived after being
them in the act of sexual intercourse in his house, summonedbytheirneighborsandarrestedAwho
sinceatthattime,hehadtorunawayandgetagunas was detained, inquested and charged for the
theparamourwasarmed,wasgrantedthebenefitsof deathofCandseriousphysicalinjuriesofB.
thisarticle.(Peoplev.Abarca,G.R.No.74433,Sept.14,
1987) 1. IsAliableforCsdeath?Why?
2. IsAliableforBsinjuries?Why?
Q:Whenthirdpersonsareinjuredinthecourseof
the firing at the paramour, will the offending A:
spousebefreefromcriminalliability? 1. Yes.AisliableforCsdeathbutunderthe
exceptional circumstances in Art. 247 of
A: No. Inflicting death or physical injuries under the RPC where only destierro is
exceptional circumstances is not murder. The prescribed. Article 247 governs since A
offender cannot therefore be held liable for surprised his wife B in the act of having
frustrated murder for the serious injuries suffered sexual intercourse with C, and the killing
by third persons. It does not mean, however, that of C was immediately thereafter as the
the offender is totally free from any responsibility. discover, escape, pursuit and killing of C
Theoffendercanbeheldliableforseriousphysical formonecontinuousact.(USv.Vargas,2
injuriesthroughsimpleimprudenceornegligence. Phil194)

Q:Whatisthemeaningofthephraselivingwith 2. Likewise, A is liable for the serious
them? physical injuries he inflicted on his wife
but under the same exceptional
A:Thephraselivingwiththemisunderstoodtobe circumstances in Article 247 of the
in their own dwelling because of the Revised Penal Code for the same reason.
embarrassment and humiliation done not only to (2001BarQuestion)
theparentbutalsototheparentalabode.Ifitwas
doneinamotel,thearticledoesnotapply. MURDER
(Art.248)
Note: The benefits of Art. 247 may also apply to
parents who shall surprise their daughter below 18 Q:Whataretheelementsofmurder?
years of age in actual sexual intercourse while living
withthem. A:
1.Thatapersonwaskilled
Thesexualactisbetweenthedaughterandaseducer. 2.Thattheaccusedkilledhim
Theparentscannotinvokethisprovision,if,inaway, 3. That the killing was attended by any of the
they have encouraged the prostitution of the qualifying circumstances mentioned in Art.
daughter.Theparentneednotbelegitimate.
248

4.Thatthekillingisnotparricideorinfanticide
Q:AandBarehusbandandwife.Aisemployedas

asecurityguardatLandmark,hisshiftbeingfrom Note:Oneattendingcircumstanceisenoughtoqualify
11:00p.m.to7:00a.m.Onenight,hefeltsickand thecrimeasmurderandanyotherwillbeconsidered
cold, hence, he decided to go home around genericaggravatingcircumstances.
midnight after getting permission from his duty
officer.Uponreachingthefrontyardofhishome, To be considered qualifying, the particular
he noticed that the light in the master bedroom circumstance must be alleged in the information.
was on and that the bedroomwindow wasopen. Otherwise, they will only be considered as generic
Approaching the front door, he was surprised to aggravatingcircumstances.
hear sighs and giggles inside the bedroom. He
176

CRIMINALLAWTEAM:
Q:Whatismurder? Q:Whenistheretreachery?
A: Murder is the unlawful killing of any person A: There is treachery when the offender commits
which is not parricide or infanticide, provided that any of the crimes against the person employing
anyofthefollowingcircumstancesispresent: means,methodsorforms intheexecutionthereof
that tend directly and especially to insure its
1. With treachery, taking advantage of execution without risk to himself arising from the
superior strength, with the aid of armed defensewhichtheoffendedpartymightmake.
men,oremployingmeanstoweakenthe
defense,orofmeansorpersonstoinsure Note: Treachery is inherent in poison. Abuse of
oraffordimpunity superiorstrengthisinherentinandcomprehendedby
treachery.
2. In consideration of a price, reward or
promise Illustration:

Note: For reward and promise to be Thekillingofachildoftenderageismurderqualified
considered, the same must the primary bytreacherybecauseoftheweaknessofthechilddue
consideration in the commission of a crime tohistenderageresultsintheabsenceofanydanger
orfelony. totheaggressor.

Ifthisaggravatingcircumstanceispresentin Q:Whataretheelementsoftreachery?
the commission of the crime, it affects not
onlythepersonwhoreceivedthemoneyor A:
rewardbutalsothepersonwhogaveit. 1. The employment of means of execution
that would insure the safety of the
3. By means of inundation, fire, poison, accused from retaliatory acts of the
explosion, shipwreck, stranding on a intended victim and leaving the latter
vessel, derailment or assault upon a withoutanopportunitytodefendhimself
railroad, fall of an airship, by motor
vehicles, or with the use of any other 2. Themeansemployedweredeliberatelyor
meansinvolvinggreatwasteandruin consciouslyadoptedbytheoffender

4. On occasion of any of the calamities Q:Whatistheessenceoftreachery?
enumerated in the preceding paragraph,
orofanearthquake,eruptionofvolcano, A: The essence of treachery is that the offended
destructive cyclone, epidemic, or other party is denied of the chance to defend himself
publiccalamity because of the means, methods, or form in
executing the crime deliberately adopted by the
5. Withevidentpremeditation offender. This is true even if there is no intent to
kill.
Note: The offender must have taken
advantage of the same and the resultant Note: While the circumstance of by a band is not
condition. among those enumerated that could qualify killing as
murder, it would seem that if the killer constituted a
6. With cruelty, by deliberately and band,thecrimeismurderbecausethecircumstanceof
inhumanly augmenting the suffering of with aid of armed men is included in the qualifying
the victim, or outraging or scoffing at his circumstances.Thesecircumstanceshowevermustbe
personorcorpse. alleged in the information, otherwise, they will be
consideredonlyasordinaryaggravatingcircumstances
Note: Cruelty includes the situation where tothecrimeofhomicide.
thevictimisalreadydeadandyet,actswere
committed which would decry or scoff the Illustration:
corpse of the victim. The crime becomes
murder. Asuddenandunexpectedattackundercircumstances
which render the victim unable to defend himself by
Thereisnocrueltyiftheactistheresultof reason of the suddenness and severity of the act
an impulse of passion or extreme constitutesalevosia.(Peoplevs.Santos,2004)
obfuscationassuchwillbeinconsistentwith
theconceptofdeliberatenessinaugmenting Q: What is the crime committed if the person is
thesufferingofthevictim killedwithfire?
177

A:Theprimordialcriminalintentoftheoffenderis A:
considered: CRUELTY CRUELTY
1. Murderiftheprimordialcriminalintent (ART.248) (ART.14)
oftheoffenderistokillandfirewasonly Asidefromcruelty,any
Requiresthatthevictim
usedasameanstodoso. actthatwouldamountto
bealive,whenthecruel
scoffingordecryingthe
woundswereinflicted
2. Arsoniftheprimordialcriminalintentof corpseofthevictimwill
and,therefore,mustbe
the offender is to destroy the property qualifythekillingto
evidencetothateffect.
with the use of pyrotechnics and murder.
incidentally, somebody within the
premisesiskilledoriftheintentistoburn Illustration:

ahousebutitjustsohappensthatthere
Dismemberment of a dead body is one manner of
issomeoneinsidethehouse.
outraging or scoffing at the corpse of the victim.

(Peoplevs.Guillermo,2004)
Note: Arson with murder is not a complex

crime under Art. 48. This is a single
Q: Can murder be committed even if at the
indivisible crime penalized under Art. 326,
whichisdeathasaconsequenceofarson. beginningtheoffenderhasnointentiontokillthe
victim?
3. Homicideiftheburningisresortedtoas
ajokebutdeathresulted. A: Yes, although generally, murder can only be
committedifattheoutset,theoffenderhasintent
4. Two separate crimes of homicide and tokillbecausethequalifyingcircumstancesmustbe
arsoniffireisusedtoconcealthekilling restoredtowiththeviewofkillingthevictim.
ofthevictims.
However,iftheoffendermaynothaveintendedto
Illustration: kill the victim but he only wanted to commit a
crime against him in the beginning, he will still be
To qualify killing to murder by means of inundation, liableformurderifinthemannerofcommittingthe
fire, poison, explosion, shipwreck etc., the offenders felony, there was treachery and as a consequence
purpose and design must be to kill the victim in thereof,thevictimdied.
employing the various modes. Thus, A and B to
enhancefurthermerriment,pouredgasontheclothof Ratio: This is based on the rule that the person
a mental retardate who continued dancing while his committing a felony shall be liable for the
cloth is on fire to the delight of the crowd gathered, consequences thereof although different from that
are not only guilty of murder if the mental retardate whichisintended.
died of 3rd degree burns because the fire was
employednottokillthevictim.(Peoplev.Pugay,G.R. Q: Where the qualifying circumstances were not
No.74314,Nov.17,1988). those proved in the trial, can the accused be
convictedofmurder?
Q: What is required for evident premeditation to
qualifythekillingtomurder? A:No,becauseanyofthequalifyingcircumstances
under Art. 248 is an ingredient of murder, not
A:Theremustbeproofasclearastheevidenceof merelyqualifyingcircumstance.
thecrimeitselfofthefollowingelements:
1. The time when the offender determined The circumstances must be both alleged and
tocommitthecrime proved in the trial, otherwise, they cannot be
considered because the right of the accused to be
2. An act manifestly indicating that the informedofthechargeagainsthimwillbeviolated.
offenderclungtohisorherdetermination
Q: A, a 76year old woman, was brought to the
3. A lapse of time between the hospitalincomawithslightcerebralhemorrhage.
determination and the execution, Anendotrachealtubewasinsertedinhismouthto
sufficient to allow the offender to reflect facilitate her breathing. B, a hospital janitor, who
upontheconsequencesofhisact. had no business in the emergency room, for
reasons known only to him, removed the plaster
Q:Whatisthedifferenceofcrueltyasaqualifying holding the tube in place. A doctor saw him and
circumstanceofmurder(Art.248)andcrueltyasa told him to get out of the room. The plaster was
genericaggravatingcircumstanceunderArt.14? replaced. But when the doctor was gone, B came
178

CRIMINALLAWTEAM:
backandremovedthetube.Thevictimstartedto evidenceof:
convulseandbleedinthemouth.Onlythetimely 1. Thefactofdeath
arrivalofthenursepreventedthepatientsdeath. 2. Theidentityofthevictim.
The patient was then transferred to another
hospital where she died the next day of cardio When there is no way of determining how the attack
respiratoryarrest.IsBcriminallyliable?Ifso,what was committed, treachery cannot be considered and
crimeifanydidBcommit? theaccusedisguiltyofhomicideonly.(PeoplevsDela
Cruz,G.R.No.152176,October1,2003)
A:Yes,Biscriminallyliableformurder(qualifiedby
treachery) because the death of A appears to be Q:Isthereacrimeoffrustratedhomicidethrough
theproximatecauseoftheovertactsofB. recklessimprudence?

Q: A died of cardiorespiratory arrest which A: None. This is because intent is inherent in
evidently was brought about by the convulsion frustratedorattemptedhomicide.
andbleedinginthemouthofthevictimduetothe
Illustration:
removal of Bof the endotracheal tube twice. Can

the two acts of B be considered as the result of
When there is an agreement to fight between the
onecriminaldesign? accused and the deceased, the killing will always be
considered as homicide, as treachery cannot exist in
A: In People v. Umaging (17 SCRA 166), the thatscenario.
Supreme Court ruled that the removal of the
endotrachealtubeisattemptedmurderqualifiedby If a boxer is killed by his opponent in a boxing bout
treachery because the patient did not die. (1991 dulylicensedbythegovernmentwithoutanyviolation
BarQuestion) of the governing rules and regulations, there is no
homicidetospeakof.Ifhehithisopponentbelowthe
HOMICIDE belt without any intention to do so, it is homicide
(Art.249) through reckless imprudence if the latter died as a
result.Ifheintentionallyhithisopponentonthepart
Q:Whatishomicide? ofthebodycausingthedeath,thecrimeishomicide.

A: Homicide is the unlawful killing of any person, Illustration:
whichisneitherparricide,murdernorinfanticide.
Theshootingofapeaceofficerwhowasfullyawareof
therisksinpursuingthemalefactorswhendoneinthe
Q:Whataretheelementsofhomicide?
spur of the moment is only homicide. (People v.
Porras,G.R.Nos.11426364,Mar.29,1996)
A:
1. Thatapersoniskilled Q: What are the distinctions between physical
2. That the accused killed him without any injuriesandhomicide?
justifyingcircumstance
3. Theaccusedhadintentiontokillwhichis A:
presumed HOMICIDE PHYSICALINJURIES
4. Thekillingwasnotattendedbyanyofthe Thereisnointenttokill.
qualifyingcircumstancesofmurder,orby However,ifasaresultofthe
thatofparricideorinfanticide Inattemptedor physicalinjuriesinflicted,the
frustratedhomicide, victimdied,thecrimewillbe
Note: Intent to kill is conclusively presumed when thereisintenttokill. homicide
deathresulted,hence,neednotbeestablished.
Ratio:Thelawpunishesthe
Evidence of intent to kill is important only in result,andnottheintentof
attemptedorfrustratedhomicide. theact.

Physical injuries are included as one of the essential Q: If mortal wounds are inflicted but those were
elementsoffrustratedhomicide.
due to negligence, is frustrated homicide
Whenthewoundsthatcauseddeathwereinflictedby
committed?
2 different persons, even if they were not in

conspiracy,eachoneofthemisguiltyofhomicide.
A: No. The crime committed is serious physical
Inallcrimesagainstpersoninwhichthedeathofthe injuries through reckless imprudence because the
victim is an element, there must be satisfactory element of intent to kill is incompatible with
negligenceorimprudence.
179

Q: Suppose several assailants not acting in Note:Thisarticledoesnotapplyifthereisconcerted
conspiracy inflicted wounds on the victim, but it fightbetweentwoorganizedgroups.
cannot be determined who inflicted which
wounds, which caused the death of the victim, There is no particular group against another group.
whoshouldbeguiltyforthecrimeofhomicide? The riots in city jails and/or Muntinlupa brigades do
notfallunderthisarticlebecausetheparticipantsare
A:Allofthemliableforhomicide. membersofdifferentgangs.Ifthereisconspiracy,this
crimeisnotcommitted.

Q: If homicide or murder is committed with the
Q: What brings about the crime of tumultuous
use of an unlicensed firearm, how should the
affray?
crimebedenominated?

A:Itistheinabilitytoascertainactualperpetrator,
A:Thecrimewouldonlybehomicideormurderas
not the tumultuous affray itself, that brings about
thecasemaybebecausetheuseoffirearmisonly
thecrime.Itisnecessarythattheverypersonwho
consideredasanaggravatingcircumstance.
causedthedeathcannotbeknown,andnotthathe

cannotbeidentified.
Q:Whatisaccidentalhomicide?

Q:Whatisthecrimecommittedifthepersonwho
A:Accidentalhomicideisdeathofapersonbrought
caused the death is known but he cannot be
about by a lawful act performed with proper care
identified?
andskillandwithoutintenttokill.

A:Ifheisknownbutonlyhisidentityisnotknown,
DEATHCAUSEDINATUMULTOUSAFFRAY
he will be charged for the crime of homicide or
(Art.251)
murder under a fictitious name not death in a

tumultuousaffray.
Q:Whatisatumultuousaffray?

Q: If the quarrel or rumble involving organized
A: Tumultuous affray means a commotion in a
groups resulted in the death of a person and it
tumultuous and confused manner, to such an
cannot be identified who in particular committed
extentthatitwouldnotbepossibletoidentifywho
thekilling,whatisthecrimecommitted?
the killer if death results, or who inflicted the

seriousphysicalinjuries,butthepersonorpersons
A: The crime would be homicide or murder. There
whousedviolenceareknown.
willbecollectiveresponsibilityonbothsides.

Note: The participants must be more than three

considering the definition of tumultuous under Art. Q:WhomaybeavictimunderArticle251?
153, third paragraph, that the disturbance or
interruption shall be deemed to be tumultuous if A:Thevictimmaybeaparticipantintheaffrayora
caused by more than 3 persons who are armed or merepasserby.
providedwiththemeansofviolence.Thepersonkilled
couldbeparticipantoranybodycaughtinthefight. Illustration:

Q:Whataretheelementsofthiscrime? As long as it cannot be determined who killed the
victim,allthosepersonswhoinflictedseriousphysical
A: injurieswillbecollectivelyanswerableforthedeathof
1. Therebeseveralpersons thatfellow.

2. They did not compose groups organized
If those who inflicted the serious physical injuries
for the common purpose of assaulting
cannotbeascertainedtoo,thenthosewhoshallhave
andattackingeachotherreciprocallyand usedviolenceuponthedeceasedshallbepunishedby
assaulted one another in a confused and prision correctional in its medium and maximum
tumultuousmanner periods. Even if the participant only kicked the
3. Someone was killed in the course of the accused, he will be held liable for the death of the
affray victimalthoughsuchactdidnotresultinthedeathof
4. It cannot be ascertained who actually the victim as those who inflicted the serious physical
killedthedeceased injuriesareundeterminable.
5. The person or persons who inflicted
serious physical injuries or who used If those who actually killed the victim can be
violencecanbeidentified determined, they will be the ones who will be held
180

CRIMINALLAWTEAM:
liable, and those who inflicted the serious or less A:Onlythosewhohaveusedviolencearepunished

serious physical injuries shall be punished for said becauseiftheonewhocausedthephysicalinjuries
corresponding offenses provided no conspiracy is is known, he will be liable for physical injuries
establishedwiththekillers. actuallycommittedandnotunderthisarticle.

Q: Who may be liable for the death or physical GIVINGASSISTANCETOSUICIDE
injuryinthetumultuousaffray? (Art.253)

A: Q:Whatarethepunishableacts?
1. The person who inflicted serious physical
injuriesuponthevictim A:
1. Assisting another to commit suicide,
2. If they could not be known, then anyone whether the suicide is consummated or
whomayhaveemployedviolenceonthat not
personwillanswerforhisdeath
2. Lending assistance to another to commit
3. If nobody could still be traced to have suicide to the extent of doing the killing
employed violence upon the victim, himself
nobodywillanswer.Thecrimescommitted
mightbedisturbanceofpublicorder,orif Note: In this crime, the intention must be for the
participants are armed, it could be person who asking the assistance of another to
tumultuousdisturbance,orifpropertywas commit suicide. The penalty of the one assisting is
destroyed,itcouldbemaliciousmischief mitigatedifsuicideisnotsuccessful.

Q: What is the meaning of giving assistance to
PHYSICALINJURIESINATUMULTUOUSAFFRAY suicide?
(Art.252)
A: Giving assistance to suicide means giving arms,
Q:Whataretheelementsofthiscrime? poison, etc. or whatever manner of positive and
direct cooperation, intellectual aid, suggestion
A: regardingthemodeofcommittingthesuicide,etc.
1. Thereisatumultuousaffrayasreferredto
intheprecedingarticle Q:Supposetheintentionisnottocommitsuicide,
aswhenhejustwantedtohaveapicturetakenof
2. Aparticipantorsomeparticipantsthereof him to impress upon the world that he is
suffers physical injuries of a less serious committing suicide because he is not satisfied of
natureonly the government, what is the crime committed by
the person giving assistance to facilitate the said
3. Person responsible thereof cannot be act?
identified
A: The crime is inciting to sedition. The person
4. All those who appear to have used giving the assistance becomes a coconspirator in
violence upon the person of the offended the crime of inciting to sedition, but not of giving
partyareknown. assistance to suicide because the assistance must
be given the one who is really determined to
Q: What kind of injury is contemplated in the commitsuicide.
crimeofphysicalinjuriesinatumultuousaffray?
Q:Whatistheliabilityofthepersonattemptingto
A: The physical injury should be serious or less commitsuicideshouldhesurvive?
serious and resulting from a tumultuous affray. If
the physical injury sustained is only slight, this is A:Hehasnoliabilitybecausecommittingsuicideis
consideredasinherentinatumultuousaffray. notpenalizedbytheRPC.However,hemaybeheld
liableforthecrimeofdisturbanceofpublicorderif
Q:WhomaybeavictimunderArt.252? indeed serious disturbance of public peace
occurredduetohisattempttocommitsuicide.
A:Thevictimmustbeaparticipantintheaffray.
Illustration:
Q:Whomaybeliable?
Onewhouponapleaofhisfriendtopullthetriggerof
181

theguntowhichhehimselfpokedonhistempleashe resulted from the discharge, what crime is
could no longer bear the pain due to a brain cancer, committed?
squeezedthesaidtriggercausingthedeathofhislong
sufferingfriendisliableunderthisarticle. A: This results to the complex crime of serious or
lessseriousphysicalinjurieswithillegaldischargeof
Even if the suicide did not materialize, the person firearm.
giving assistance to suicide is also liable but the
penalty shallbeone or twodegrees lower depending
Q:Supposeslightseriousphysicalinjuriesresulted
onwhetheritisattemptedorfrustratedsuicide.
from the discharge, what crime/s is/are

committed?
Q: What is the difference between giving

assistance to suicide and mercy killing or
A: Two crimes are committed, that of illegal
euthanasia?
dischargeoffirearmandslightphysicalinjuries.Itis

importantthatthereshouldbenointenttokill.
A:

GIVINGASSISTANCETO MERCYKILLINGOR
Illustration:
SUICIDE EUTHANASIA

Thevictimisnotina
The firing of a gun at a person even if merely to
positiontocommit
Theprincipalactoristhe frightenhimconstitutesillegaldischargeoffirearm.If
suicide.Whoever
personcommittingthe thefirearmisnotdischargedataperson,theactisnot
wouldheedhisadviceis
suicide. punishedunderthisarticle.
notreallygiving

assistancetosuicidebut
Q:Isthedischargetowardsthehouseofthevictim
doingthekillinghimself.
adischargeoffirearm?

Note:Inboth,theintentiontoendthelifecomesfrom
thevictimhimself.Thevictimmustpersistentlyinduce A: No. Firing a gun at the house of the offended
theoffendertoendhislife. party, not knowing in what part of the house the
peoplewere,isonlyalarmunderArt.155.
DISCHARGEOFFIREARMS
(Art.254) Note: It is not applicable to police officers in the
performance of their duties. If the firearm is

unlicensed,thecrimeofillegalPossessionofFirearmis
absorbed and the offender cannot be punished

separatelyforthatoffense.
A:

1. Offender discharges a firearm against
INFANTICIDE
anotherperson
(Art.255)
2. Offender has no intention to kill the

person
Q:Whatisinfanticide?

Q:Canthecrimeofillegaldischargebecommitted
A:Itisthekillingofanychildlessthan3daysoldor
throughimprudence?
72hoursofage,whetherthekilleristheparentor

grandparent,anyrelativeofthechild,orastranger.
A: No, because it requires that the discharge must

bedirectedatanother. Note:Ifthekilleristhemother,orfather,orlegitimate
grandfathers,althoughthecrimeisstillinfanticideand
Q:Whatisthepurposeoftheoffenderunderthe notparricide,thepenaltyhowever,isthatofparricide.
article?
Q:Whataretheelementsofinfanticide?
A:Thepurposeoftheoffenderistomerelyfrighten
orintimidatetheoffendedparty. A:
1. Achildwaskilledbytheaccused.
Q:Ifthefirearmisdirectedatthepersonandthe
triggerwaspressedbutdidnotfire,whatcrimeis 2. Deceasedchildwaslessthan3daysoldor
committed? lessthan72hoursofage

A:Thecrimeisfrustrateddischargeoffirearm. 3. Accusedkilledthesaidchild

Q: If serious or less serious physical injuries Q:Ifthechildisborndead,orifthechildisalready
182

CRIMINALLAWTEAM:
dead,isthereinfanticide? pregnantwoman

A:No.Infanticideisnotcommitted. 2. Byadministeringdrugsorbeveragesupon
such pregnant woman without her
Q: Is concealment of dishonor an element of consent
infanticide?
3. Byadministeringdrugsorbeverageswith
A:No.Itmerelylowersthepenalty. theconsentofthepregnantwoman

Note: Only the mother and maternal grandparents of Q:Whataretheelementsofintentionalabortion?
thechildareentitledtothemitigatingcircumstanceof
concealing dishonor. Mother who claims concealing A:
dishonormustbeofgoodreputation. 1. Thereisapregnantwoman
2. Violenceisexerted,ordrugsorbeverages
Other person who kills or who cooperates with the administered, or that the accused
mother or maternal grandparent in killing a child less otherwise acts upon such pregnant
than3daysoldwillsufferthepenaltyofmurder.
woman
3. Asaresultoftheuseofviolenceordrugs
Q: What are the distinctions between infanticide
or beverages upon her, or any other act
andparricideiftheoffenderisthebloodrelative, of the accused, the fetus dies, either in
e.g.parentofthechild? the womb or after having been expelled
therefrom
A: 4. Abortionisintended
INFANTICIDE PARRICIDE
Theageofthevictimis Thevictimisthreedays Q: Who are the persons liable for intentional
lessthanthreedaysold. oldorabove. abortion?
Ifdoneinconspiracywith
Thecoconspiratoris
astranger,boththe A:
liableformurderbecause
parentandtheco 1. The person who actually caused the
oftheabsenceof
conspiratorareliablefor abortionunderArt.256
relationship.
infanticide. 2. The pregnant woman if she consented
Concealmentofdishonor Concealmentofdishonor
underArt.258
inkillingthechildis inkillingthechildisnota

mitigating. mitigatingcircumstance
Note: Abortion is not a crime against the woman but
against the fetus. The offender must know of the
Note:Inboth,thereisintenttokillthechild. pregnancybecausetheparticularcriminalintentionis
tocauseanabortion.
Q: Suppose the child is abandoned without any
intent to kill and death results as a consequence, Q:Whatdeterminespersonality?
whatcrimeiscommitted?
A:UnderArt.40oftheCivilCode,birthdetermines
A: The crime committed is abandonment not personality.Apersonisconsideredbornatthetime
infanticide. when the umbilical cord is cut. He then acquires a
personality separate and distinct from his mother.
INTENTIONALABORTION But even though the umbilical cord has been cut,
(Art.256) Art. 41 of the Civil Code provides that if the fetus
had an intrauterine life of less than 7 months, it
Q:Whatisabortion? must survive at least 24 hours after the umbilical
cordiscutforittobeconsideredborn.
A: Abortion is the willful killing of the fetus in the
uterus, or the violent expulsion of the fetus from Note:Aslongastheasthefetusdiesasaresultofthe
thematernalwombthatresultsinthedeathofthe violence used or drugs administered, the crime of
fetus. abortionexistsevenifthefetusisoverorless than7
months.
Q: In what ways is the crime of intentional
abortioncommitted? If the fetus, having an intrauterine life of less than 7
months, could sustain an independent life after its
A: separation from the maternal womb, and it is killed,
1. Usinganyviolenceuponthepersonofthe thecrimeisinfanticideandnotabortion.
183

abortion.
Q:Shouldthefetusdietoconsummateabortion?
UNINTENTIONALABORTION
A: Yes. If it is intentional abortion and the fetus (Art.257)
does not die, it is frustrated intentional abortion
whenallactsofexecutionhavebeenperformedby Q: What are the elements of unintentional
theoffender. abortion?

If the abortion is not intended and the fetus does A:
not die in spite of the violence intentionally 1. Thereisapregnantwoman
exerted, the crime may only be physical injuries.
There is no crime of frustrated unintentional 2. Violence is used upon such pregnant
abortioninviewoftheabsenceoftheintentionto womanwithoutintendinganabortion
causeabortion.
3. Violenceisintentionallyexerted
Q: What is the difference between abortion and
infanticide? 4. As a result of the violence exerted, the
fetus dies either in the womb or after
A: havingbeenexpelledtherefrom
ABORTION INFANTICIDE
Illustration:
Thevictimisalreadya

personlessthan3days
Thevictimisnotviable Unintentional abortion requires physical violence
oldor72hoursandis
butremainstobea inflicteddeliberatelyandvoluntarilybyathirdperson
viableorcapableofliving
fetus. upon the person of the pregnant woman. Hence, if A
separatelyfromthe
pointed a gun at a pregnant lady, who became so
motherswomb.
frightened, causing her abortion, he is not liable for
Themotherandmaternal
Nomitigationforparents unintentional abortion, as there was no violence
grandparentsofthechild
ofpregnantwomaneven exerted. If he intended the abortion however, his
areentitledtothe
ifthepurposeisto crimeisintentionalabortion.
mitigatingcircumstanceof
concealdishonor.
concealingthedishonor.
Note:Theforceorviolencemustcomefromanother.
Mereintimidationisnotenoughunlessthedegreeof
Q: Suppose the mother as a consequence of intimidationalreadyapproximatesviolence.
abortion suffers death or physical injuries, what
crimeiscommitted? Q: Is the crime of unintentional abortion
committed if the pregnant woman aborted
A:Thecrimeiscomplexcrimeofmurderorphysical becauseofintimidation?
injurieswithabortion.
A: No. The crime committed is not unintentional
Q: If despite the employment of sufficient and abortion because there is no violence. The crime
adequatemeanstoeffectabortion,thefetusthat committedislightthreats.
is expelled from the maternal womb is viable but
unabletosustainlifeoutsidethematernalwomb, Q: Suppose a quarrel ensued between a husband
whatcrimeiscommitted? and a wife who was pregnant at that time.
Violence was resorted to by the husband which
A: The crime is frustrated abortion because resultedtoabortionanddeathofhiswife,whatis
abortionisconsummatedonlyifthefetusisdead. thecrimecommitted?

Q:Supposetheexpelledviablefetuscouldsustain A: The crime committed is complex crime of
life from the mothers womb, what crime is parricidewithunintentionalabortion.
committed?
Q: Suppose a quarrel ensued between two
A:Thecrimeisalreadyinfanticide.
women, X and Y, who is then two months

Q: Suppose the means employed in abortion are pregnant. X has no knowledge that Y is pregnant
inadequate or insufficient, what is the crime and being a sports buff that she is, gave Y a hard
committed? blow on the stomach. As a result, Y had an

A: The crime would be an impossible crime of
184

CRIMINALLAWTEAM:
abortion. Is X liable for unintentional abortion evenifforthesamepurpose,unlikeininfanticide.

despiteherlackofknowledgeofYspregnancy?
ABORTIONPRACTICEDBYPHYSICIANMIDWIFE
A: Yes. The act of employing physical force or ANDDISPENSINGOFABORTIVES
violence upon the woman is already a felony. It is (Art.259)
notmaterialiftheoffenderknewaboutthewoman
beingpregnantornot. Q: What are the elementsof this crime as tothe
physicianormidwife?
Q:Supposeapregnantwomandecidedtocommit
suicide by jumping out of the window of the A:
buildingbutlandedonapasserby,shedidnotdie 1. There is a pregnant woman who has
but abortion followed. Is she liable for sufferedabortion
unintentionalabortion? 2. Abortionisintended
3. The offender must be a physician or
A: No, because what is contemplated is that the midwifewhocausesorassistedincausing
forceorviolencemustcomefromanotherperson. theabortion
In this case, when the woman tried to commit 4. Saidphysicianormidwifetakesadvantage
suicide but did not die, the attempt to commit ofhisorherscientificknowledgeorskill.
suicideisnotafelonyundertheRPC.
Q: What are the elements of this crime as to the
Q: Suppose the pregnant woman employed pharmacists?
violence to herself specifically calculated to bring
aboutabortion,whatcrimeiscommitted? A:
1. Offenderisapharmacists
A:Thewomanisliableforintentionalabortion. 2. There is no proper prescription from a
physician
Q: If the abortive drug used in abortion is a 3. Offenderdispensesanabortive
prohibiteddrugorregulateddrugunderR.A.9165
Note:Astothepharmacist,thecrimeisconsummated
or the Dangerous Drugs Act, what are the crimes
bydispensinganabortivewithoutproperprescription
committed?
fromaphysician.Itisnotnecessarythattheabortiveis
actuallyused.
A: The crimes committed are intentional abortion
andviolationofR.A.9165. It is immaterial that the pharmacist knows that the
abortive would be used for abortion. Otherwise, he
Note:Ifgravethreatsweremadetocauseabortion,a shallbeliableasanaccompliceshouldabortionresult
complex crime of grave threats and intentional fromtheusethereof.
abortioniscommitted.Iflightthreatsweremade,two
separate crimes of light threats and intentional Q:Supposeabortionisresortedtosavethelifeof
abortioniscommitted. the mother, is the physician liable for abortion
underArt.259?
ABORTIONPRACTICEDBYTHEWOMANHERSELF
ORBYHERPARENTS(Art.258) A:No.Thisisresortedtoasatherapeuticabortion.
Inthiscase,thereismedicalnecessitywhichwould
Q:Whataretheelementsofthiscrime? warrant abortion. Simply put, there must be no
otherpracticalorlessharmfulmeansofsavingthe
A: lifeofthemothertomaketheabortionjustified.
1. There is a pregnant woman who has
sufferedabortion Q: Suppose the abortion was performed by a
2. Abortionisintended physician without medical necessity to warrant
3. Abortioniscausedby: suchabortionandthewomanorherhusbandhad
a. Thepregnantwomanherself consented. Is the physician liable for abortion
b. Anyotherperson,withherconsent underArt.259?
c. Anyofherparents,withherconsent
for the purpose of concealing her A:Yes.Theconsentofthewomanorherhusbandis
dishonor notenoughtojustifyabortion.

Note:Theliabilityofthepregnantwomanismitigated

ifthepurposeforabortionistoconcealherdishonor.

However, in case of parents, there is no mitigation
185

RESPONSIBILITYOFPARTICANTSINADUEL Q:Whoarethepersonsliable?
(Art.260)
A:Thechallengerandtheinstigators.
Q:Whatisaduel?
PHYSICALINJURIES
A: It is a formal or regular combat previously
consented between two parties in the presence of MUTILATION
two or more seconds of lawful age on each side, (Art.262)
whomaketheselectionofarmsandfixalltheother
conditions of the fight to settle some antecedent Q:Whatismutilation?
quarrels.
A: Mutilation is the lopping or the clipping off of
Q:Whatarethepunishableacts? somepartsofthebodywhicharenotsusceptibleto
growthagain.
A:
1. Killingonesadversaryinaduel Q:Whatarethekindsofmutilation?
2. Inflicting upon such adversary physical
injuries A:
3. Making a combat although no physical 1. Intentionally mutilating another by
injurieshavebeeninflicted depriving him, either totally or partially,
ofsomeessentialorganforreproduction.
Illustration:
Elements:
A mere fight as a result of an agreement is not a. There must be a castration, that is,
necessarily a duel because a duel implies an mutilation of organs necessary for
agreement to fight under determined conditions and generation, such as the penis or
withtheparticipationandinterventionofsecondswho ovarium
fixedtheconditions.

Note:Inthefirstkindofmutilation,the
IfthefightisnotaduelasdefinedunderArt.260,the
castration must be made purposely.
resulting death or injury is as homicide, murder or
Otherwise, it will be considered as
physicalinjuriesasthecasemaybe.
mutilationofthesecondkind.

Iftheaccusedandthedeceased,afteraverbalheated
b. The mutilation is caused purposely
argument in the bar, left the place at the same time
andpursuanttotheiragreement,wenttotheplazato
and deliberately, that is, to deprive
fight each other to death with knives which they theoffendedpartyofsomeessential
bought on the way, the facts do not constitute the organforreproduction
crime of duel since there was no seconds who fixed
the conditions of the fight in a more or less formal 2. Intentionally making other mutilation,
manner. If one is killed, the crime committed is that is, by lopping or clipping off of any
homicide. part of the body of the offended party,
other than the essential organ for
CHALLENGINGTOADUEL reproduction,todeprivehimofthatpart
(Art.261) ofhisbody.

Q:Whatarethepunishableacts? Q:Mustmutilationbeintentional?

A: A: Yes. Thus, it cannot be committed through
1. Challenginganothertoaduel criminal negligence. Mayhem refers to any other
2. Inciting another to give or accept a formofmutilation.
challengetoaduel
3. Scoffing at or decrying another publicly Note: There must be no intent to kill otherwise the
for having refused to accept a challenge offenseisattemptedorfrustratedhomicideormurder
tofightaduel asthecasemaybe.

Note:Thepunishableactistochallengetoaduelnot Q:Supposethereisnointenttodeprivethevictim
challengetoafightbecauseifitisthelatter,thecrime of the particular part of the body, what is the
wouldbelightthreatsunderArt.285(2). crimecommitted?

186

CRIMINALLAWTEAM:
A:Thecrimeisonlyseriousphysicalinjury. d. Becomes ill or incapacitated for the

performanceoftheworkinwhichhe
Note:Cruelty,asunderstoodinArt.14(21)isinherent was habitually engaged for more
inmutilationandinfact,thatistheonlyfelony,where than90days,inconsequenceofthe
said circumstance is an integral part and is absorbed physicalinjuriesinflicted
therein.Ifthevictimdies,thecrimeismurderqualified
by cruelty but the offender may still claim and prove Note:Lossoftheindexandmiddlefingersis
thathehadnointentiontocommitsograveawrong. eitheradeformityorlossofamember,not
a principal one, of his body or use of the
SERIOUSPHYSICALINJURIES same. If the injury would require medical
(Art.263) attendance for more than 30 days, the
illness of the offended party maybe
Q: How is the crime of serious physical injuries considered as lasting more than 30 days.
committed? Thefactthattherewasmedicalattendance
for that period of time shows that the
A:By: injuries were not cured for that length of
1. Wounding time.
2. Beating
3. Assaulting 4. When the injured person becomes ill or
4. Administeringinjurioussubstance incapacitated for labor for more than 30
days (but must not be more than 90
Q:Whatareseriousphysicalinjuries? days), as a result of the physical injuries
inflicted.
A:
1. Whentheinjuredpersonbecomesinsane, Note: When the category of the offense of serious
imbecile, impotent, or blind in physicalinjuriesdependsontheperiodoftheillnessor
incapacity for labor, there must be evidence of the
consequence of the physical injuries
length of that period. Otherwise, the offense will be
inflicted.
consideredasslightphysicalinjuries.

Note: Impotence includes inability to Indeterminingincapacitytheinjuredpartymusthave
copulateandsterility. a vocation or work at the time of the injury. Work
includesstudiesorpreparationforaprofession.
Blindness requires loss of vision of both
eyes. Mere weakness in vision is not There is no incapacity if the injured party could still
contemplated. engage in his work although less effectively than
before.
2. Whentheinjuredperson:
a. Losestheuseofspeechorthepower Q:Whatisthenatureofphysicalinjuries?
tohearortosmell,orloosesaneye,
ahand,afoot,anarmoraleg;or A: The crime of physical injuries is a formal crime
b. Loses the use of any such member, becauseitispenalizedonthebasisofthegravityof
or the injury sustained. What is punished is the
c. Becomes incapacitated for the work consequence and not the stage of execution.
inwhichhewasthereforehabitually Hence, it is always consummated. It cannot be
engaged in consequence of the committedintheattemptedandfrustratedstage.
physicalinjuriesinflicted.
Note: There must be no intent to kill otherwise, the
Note: Loss of hearing must involve both crime would be frustrated or attempted murder,
ears. Otherwise, it will be considered as parricide,homicide,asthecasemaybe.Intenttokillis
seriousphysicalinjuriesunderpar.3.Lossof a specific criminal intent that must be conclusively
thepowertohearintherightearismerely provedincaseofphysicalinjuriesonly.
considered as merely loss of use of some
otherpartofthebody. Ratio: When death results, intent to kill is a general
intentwhichisconclusivelypresumed.Hence,ifdeath
3. Whentheinjured: results, even without intent to kill, the crime is
a. Becomesdeformed homicideatleast.
b. Losesanyothermemberofhisbody
or Q: If the offender repeatedly uttered I will kill
c. Losestheusethereof;or you but he only keeps on boxing the offended
187

party and injuries resulted, what is the crime Q: What are the qualifying circumstances of
committed? seriousphysicalinjuries?

A:Thecrimeisonlyphysicalinjuriesnotattempted A:
orfrustratedhomicide. 1. If it is committed by any of the persons
referredtointhecrimeofparricide.
Q:Howisintenttokilldetermined? 2. If any of the circumstances qualifying
murderattendeditscommission.
A:Intenttokillmustbemanifestedbyovertacts.It
cannotbemanifestedbyoralthreats. Illustration:

Note:Oncephysicalinjuriesresultedtodeformity,itis Afatherwhoinflictsseriousphysicalinjuriesuponhis
classifiedasseriousphysicalinjuries. sonwillbeliableforqualifiedseriousphysicalinjuries.

Q:Whataretherequisitesofdeformity? Q: What distinguishes physical injuries from
mutilation?
A:
1. Physicalugliness A:Themutilationmusthavebeencausedpurposely
2. Permanentanddefiniteabnormality anddeliberatelytoloporclipoffsomepartofthe
3. Conspicuousandvisible body so as to deprive the offended party of such
part of the body. This special intention is not
Note: If the loss of teeth is visible and impairs the presentinotherkindsofphysicalinjuries.
appearance of the injured party, it constitutes
disfigurement. Q: What are the differences between physical
injuriesandattemptedorfrustratedhomicide?
The substitution of the artificial teeth for the natural
teethdoesnotrepairtheinjury. A:
ATTEMPTEDORFRUSTRATED
A scar produced by an injury can be considered as a PHYSICALINJURIES
HOMICIDE
deformity.However,itshouldnotbeonthepartofthe Attemptedhomicidemaybe
bodyofthevictimwhichisusuallycoveredbydressor Theoffenderinflicts
committedevenifnophysical
clothes. physicalinjuries.
injuriesareinflicted.
Offenderhasno
Illustration: Theoffenderhasintenttokill
intentiontokillthe
theoffendedparty.
offendedparty.
1. Lossofmolartooththisisnotdeformityas

itisnotvisible.
ADMINISTERINGINJURIOUSSUBSTANCESOR
2. Loss of permanent front tooth this is BEVERAGES(Art.264)
deformityasitisvisibleandpermanent.
3. Loss of milk front tooth this is not
deformityasitisvisiblebutwillnaturallybe A:
replaced. 1. The offender inflicted serious physical
injuriesuponanother.
Q:XthrewacidonthefaceofYandwereitnotfor 2. Itwasdonebyknowinglyadministeringto
the timely medical attention, a deformity would him any injurious substances or
have been produced on the face of Y. After the beverages or by taking advantage of his
plastic surgery, Y became more handsome than weaknessofmindorcredulity.
beforetheinjury.Whatcrimewascommitted?In 3. Hehadnointenttokill.
whatstagewasitcommitted?
Note: To administer an injurious substance or
A: The crime is serious physical injuries because beverage means to direct or cause said substance or
the problem itself states that the injury would beveragetobetakenorallybytheinjuredperson,who
have produced a deformity. The fact that the sufferedseriousphysicalinjuriesasaresult.
plastic surgery removed the deformity is
immaterialbecauseinlaw,whatisconsideredis There must be no intent to kill otherwise, frustrated
murderwillbecommitted.
not the artificial treatment but the natural

healingprocess.
Itdoesnotapplywhenthephysicalinjuriesthatresult

188

CRIMINALLAWTEAM:
arelessseriousorlight.TheywillbetreatedunderArt. offended party from engaging in his

265or266,asthecasemaybe. habitual work or which did not require
medicalattendance.
LESSSERIOUSPHYSICALINJURIES
(Art.265) 3. Illtreatment of another by deed without
causinganyinjury
Note: Slapping the offended party is a form of ill
A: treatmentwhichisaformofslightphysicalinjuries.
1. Offended party is incapacitated for labor
for 10 days or more (but not more than Q: A disagreement ensued between Cindy and
30 days), or shall require medical Carinawhichledtoaslappingincident.Cindygave
attendanceforthesameperiodoftime. twin slaps on Carinas beautiful face. What is the
crimecommittedbyCindy?
2. Physical injuries must not be those
describedintheprecedingarticles. A:
1. Slander by deed if the slapping was
Note: The disjunctive conjunction or above means done to cast dishonor to the person
thatitiseitherincapacityforworkfor10daysormore slapped.
or the necessity of medical attendance for an equal 2. Illtreatment if the slapping was done
period which will make the crime of less serious withouttheintentionofcastingdishonor,
physicalinjuries. ortohumiliateorembarrasstheoffended
partyoutofaquarreloranger.
In the absence of proof as to the period of the
offended partys incapacity for labor or required
RAPE
medical attendance, the offense committed is only

slightphysicalinjuries.

RAPE(Art.266A)and(R.A.8353)
The phrase shall require refers to the period of
actualmedicalattendance. Q:Howisrapecommitted?

Q: What are the qualifying circumstances of less A:
seriousphysicalinjuries? 1. By a man who shall have carnal
knowledgeofawoman.
A: 2. SexualAssault
1. Whenthereismanifestintenttoinsultor
offendtheinjuredperson Q: What are the elements of rape by a man who
2. When there are circumstances adding shallhavecarnalknowledgeofawoman?
ignominytotheoffense
3. Whenthevictimistheoffendersparents, A:
ascendants, guardians, curators, or 1. Offenderisaman
teachers. 2. Offender had carnal knowledge of the
4. When the victim is a person of rank or woman
personinauthority,providedthecrimeis 3. Suchactisaccomplishedunderanyofthe
notdirectassault. followingcircumstances:
a. Throughforce,threatorintimidation
SLIGHTPHYSICALINJURIESANDMALTREATMENT b. Whentheoffendedpartyisdeprived
(Art.266) of reason or is otherwise
unconscious
Q: What are the kinds of slight physical injuries c. By means of fraudulent machination
andmaltreatment? orgraveabuseofauthority
d. Whentheoffendedpartyisunder12
A: years of age or is demented, even
1. Physical injuries which incapacitated the though none of the above
offendedpartyforlaborfrom1to9days,or circumstances mentioned above be
required medical attendance during the present.
sameperiod
Q: What are the elements of rape by sexual
2. Physical injuries which did not prevent the assault?

189

A: 2. Thereisnowanimpossiblecrimeofrape
1. Offender commits an act of sexual because impossible crimes can only be
assault committedagainstpersonsorproperty.
2. Theactofsexualassaultiscommittedby
anyofthefollowingmeans: Q:WhatarethekindsofrapeunderR.A.8353?
a. By inserting his penis into another
personsmouthoranalorifice,or A:
b. Byinsertinganyinstrumentorobject 1. The traditional concept under Art. 335
into the genital or anal orifice of carnal knowledge with a woman against
anotherperson her will. The offended party is always a
womanandtheoffenderisalwaysaman.
3. The act of sexual assault is accomplished
underanyofthefollowingcircumstances: 2. Sexual assault committed with an
a. Byusingforceorintimidation,or instrument or an object or use of the
b. When the woman is deprived of penis with penetration of the mouth or
reasonorotherwiseunconscious,or anal orifice. The offended party or
c. By means of fraudulent machination offendercaneitherbeamanorawoman,
orgraveabusedofauthority,or that is if the woman or a man uses an
d. When the woman is under 12 years instrumentintheanalorificeofmale,she
ofageordemented. orhecanbeliableforrape.

Note:UnderR.A.8353,thecrimeofrapecannowbe Q:Whatisthenecessarydegreeofforce?
committedbyamaleorfemale.
A:
When the offender in rape has an ascendancy or 1. Force sufficient to consummate culprits
influence on the offended party, it is not necessary purpose
thatthelatterputupadeterminedresistance. 2. Considerage,sizeandstrengthofparties

andtheirrelationtoeachother
Q:Isthereacrimeoffrustratedrape?

Q: Geronimo, a teacher, was tried and convicted
A:None.Theslightestpenetrationofpenisintothe
for12countsofrapeforthesexualassault,he,on
labia of the female organ consummates the crime
several occasions, committed on one of his
of rape. However, mere touching alone of the
students by inserting his penis in the victims
genitalsandmonspubisorthepudendumcanonly
mouth. On appeal, Geronimo contends that the
be considered as attempted rape, if not acts of
actscomplainedofdonotfallwithinthedefinition
lasciviousness.
of rape as defined in the RPC, particularly that

rape is a crime committed by a man against a
Theremustbesufficientandconvincingproofthat
woman.IsGeronimoscontentioncorrect?
the penis indeed touched the labia or slid into the

femaleorgan,andnotmerelystrokedtheexternal
A:No.Rapemaybecommittednotwithstandingthe
surface thereof, for an accused to be convicted of
fact that persons involved are both males. R.A.
consummated rape. (People v. Brioso, G.R. No.
8353 provides that an act of sexual assault can be
182517,March13,2009)
committedbyanypersonwhoinsertshispenisinto

the mouth or anal orifice, or any instrument or
Note:Whenthewomanisunder12yearsofageoris
object into the genital or anal orifice of another
demented,sexualintercoursewithherisalwaysrape.
In fact, even if the sexual intercourse was with her
person. The law, unlike rape under Art. 266A, has
consent,themanisliable. not made any distinction on the sex of either the
offender or the victim. Neither must the courts
Q: What are the effects of the reclassification of makesuchdistinction.(Ordinariov.People,G.R.No.
rapeintoacrimeagainstperson? 155415,May20,2004)

A: Q: Is the victims reputation considered in the
1. Theproceduralrequirementofconsentof prosecutionofrape?
the offended party to file the case is no
longer needed because this is now a A: No, it is immaterial in rape, there being
public crime, unlike when it was still absolutely no nexus between it and the odious
classifiedasacrimeagainstchastity. deed committed. A woman of loose morals could
still be a victim of rape, the essence thereof being
190

CRIMINALLAWTEAM:
carnalknowledgeofawomanwithoutherconsent. physicalmutilationordisability.

Q:Whenisitconsideredasqualifiedrape? 10. When the offender knew of the
pregnancy of the offended party at the
A: With the occurrence of the following timeofthecommissionoftherape.
circumstances,rapeispunishablebydeath:
11. When the offender knew of the mental
1. When by reason or on occasion of the disability, emotional disorder, and/or
rape,ahomicideiscommitted physicalhandicapoftheoffendedpartyat
thetimeofthecommissionofthecrime.
2. Whenthevictimisunder18yearsofage
and the offender is a parent, ascendant, Note:Theforegoingcircumstancesareinthenatureof
stepparent, guardian, relative by qualifying aggravating circumstances which must be
consanguinity or affinity within the third specifically pleaded or alleged with certainty in the
civildegree,orthecommonlawspouseof information.
thevictim.
Q:Whataretheeffectsofpardononthecriminal
Note: A stepbrother or stepsister liabilityoftheaccusedchargedwithrape?
relationship between the offender and
the offended party cannot elevate the A:
crime to qualified rape because they are 1. The offended woman may pardon the
notrelatedeitherbybloodoraffinity.The offender through a subsequent valid
enumeration is exclusive. Hence, the marriage, the effect of which would be
common law husband of the victims theextinctionoftheoffendersliability.
grandmotherisnotincluded.
2. Similarly, the legal husband maybe
3. When the victim is under the custody of pardoned by forgiveness of the wife
the police or military authorities or any providedthatthemarriageisnotvoidab
lawenforcementorpenalinstitution. initio.(Art.266C)

4. When rape is committed in full view of Note: Under thenew law, the husband may be liable
the husband, parent, any of the children for rape, if his wife does not want to have sex with
or other relatives within the third civil him.Itisenoughthatthereisindicationofanyamount
degreeofconsanguinity. ofresistanceastomakeitrape.

5. When the victim is engaged in a Q:Whatisincestuousrape?
legitimatereligiousvocationorcallingand
is personally known to be such by the A: It refers to rape committed by an ascendant of
offender before or after the commission theoffendedwoman.
ofthecrime.
Q: Is the employment of force and intimidation
6. When the victim is a child below 7 years indispensableinincestuousrape?
old.
A: No, because the overpowering and overbearing
7. When the offender knows that he is moralinfluenceoftheascendantoverthedaughter
inflicted with HIV/AIDS or any other takes the place of violence and offer of resistance
sexually transmissible decease and the required in rape cases committed by an accused
virus or decease is transferred to the havingnobloodrelationshipwiththevictim.
victim.
Q: Does the absence of signs of external physical
8. When committed by any member of the injuriessignifylackofresistanceonthepartofthe
AFP or paramilitary units thereof or the rapevictim?
PNP or any law enforcement agency or
penalinstitution,whentheoffendertook A: No. Resistance from the victim need not be
advantageofhispositiontofacilitatethe carried to the point of inviting death or sustaining
commissionofthecrime. physicalinjuriesatthehandsoftherapist.

9. When by reason or on occasion of the Note: In rape, the force and intimidation must be
rape, the victim has suffered permanent viewed in light of the victims perception and
191

judgment at the time of commission of the crime. As andactsoflasciviousness?
already settled in the jurisprudence, not all victims
react the same way. Moreover, resistance is not an A:
elementofrape.Arapevictimhasnoburdentoprove ATTEMPTEDRAPE ACTSOFLASCIVIOUSNESS
thatshedidallwithinherpowertoresisttheforceor Thereisnointentiontolie
intimidationemployeduponher.As long as the force Thereisintenttoeffect
withtheoffendedwoman.
or intimidation employed upon her. As long as the sexualcohesion,
Theintentionismerelyto
force or intimidation is present, whether it was more althoughunsuccessful.
satisfylewddesign.
orlessirresistibleisbesidethepoint.(Peoplev.Baldo,
G.R.No.175238,Feb.24,2009)
Q: What are the three wellknown principles to

guidethecourtinrapecases?
Q:Whataretheelementsofstatutoryrape?

A:
A:
1. Anaccusationforrapecanbemadewith
1. Accused had carnal knowledge of a
facility, is difficult to prove, but more
woman.
difficult for person accused, though
2. Womanisbelow12yearsofage.
innocent,todisprove

Note: In statutory rape, the offenders knowledge of
2. Onlytwopersonsareinvolved,testimony
thevictimsageisimmaterial.
of complainant must be scrutinized with
Q: Suppose a tenyear old girl consented to the extremecaution.
sexualintercourse,willsuchconsentnegaterape?
3. The evidence for the prosecution must
A: No, because consent is immaterial in statutory standorfallonitsownmeritsandcannot
rape.Themerefactofhavingsexualrelationswith be allowed to draw strength from the
agirlbelow12yearsoldconsummatestheoffense weaknessoftheevidenceofthedefense.
andconsentisnotadefense.
A.AntiViolenceagainstWomenandtheirChildren
Ratio:Itisnotnecessarythatthevictimwasintimated Actof2004(R.A.9262)
or force used against her because in statutory rape,
the law presumes that the victim on account of her Q: What does violence against women and their
tenderagedoesnotandcannothaveawillofherown. childrenmean?

Q: Suppose as 31 year old retardate with mental A:Violenceagainstwomenandtheirchildrenrefers
capacity of a 5year old was raped, what is the to any act or a series of acts committed by any
crimecommitted? person against a woman who is his wife, former
wife, or against a woman with whom the person
A: Statutory rape. Her mental and not only her has or had a sexual or dating relationship, or with
chronological age is considered. (People v. whomhehasacommonchild, oragainstherchild
Manalpaz,G.R.No.L41819,Feb.28,1978) whether legitimate or illegitimate, within or
withoutthefamilyabode,whichresultinorislikely
Note:Inincestuousrapeofaminor,proofofforceand to result in physical, sexual, psychological harm or
violence exerted by the offender are not essential. suffering, or economic abuse including threats of
Moralascendancyorparentalauthorityoftheaccused suchacts,battery,assault,coercion,harassmentor
overtheoffendedpartytakestheplaceofviolence. arbitrarydeprivationofliberty.

Q: Is medical examination an indispensable Note: The dating relationship that the law
elementintheprosecutionofrape? contemplates can, therefore, exist even without a
sexual intercourse taking place between those
A: No. The purpose of medical examination is involved. An "awaybati" or a fightandkiss thing
merelycorroborativeinnature. between two lovers is a common occurrence. Their
takingplacedoesnotmeanthattheromanticrelation
Q: If on the occasion or by reason of rape, the betweenthetwoshouldbedeemedbrokenupduring
victimdied,whatisthecrimecommitted? periods of misunderstanding. (Ang v. CA, GR 182835,
April20,2010,JusticeAbad)

A:The special complex crime or rape with
Q:WhatarethepunishableactsunderRA9262?
homicideiscommitted.

Q:Whatisthedifferencebetweenattemptedrape
192

CRIMINALLAWTEAM:
A: The crime of violence against women and their controlling the conjugal or
childreniscommittedthroughanyofthefollowing commonmoney,orproperties
acts:
6. Inflicting or threatening to inflict physical
1. Causing physical harm to the woman or harm on oneself for the purpose of
herchild controllingheractionsordecisions

2. Threatening to cause the woman or her 7. Causing or attempting to cause the
childphysicalharm woman or her child to engage in any
sexual activity which does not constitute
3. Attempting to cause the woman or her rape,byforceorthreatofforce,physical
childphysicalharm harm, or through intimidation directed
againstthewomanorherchildorher/his
4. Placingthewomanorherchildinfearof immediatefamily
imminentphysicalharm
8. Engaging in purposeful, knowing, or
5. Attempting to compel or compelling the reckless conduct, personally or through
womanorherchildtoengageinconduct anotherthatalarmsorcausessubstantial
which the woman or her child has the emotionalorpsychologicaldistresstothe
right to desist from or desist from womanorherchild.Thisshallinclude,but
conduct which the woman or her child notbelimitedto,thefollowingacts:
has the right to engage in, or attempting
to restrict or restricting the woman's or a. Stalkingorfollowingthewoman
her child's freedom of movement or or her child in public or private
conduct by force or threat of force, places
physical or other harm or threat of b. Peering in the window or
physical or other harm, or intimidation lingering outside the residence
directedagainstthewomanorchild.This ofthewomanorherchild
shall include, but not limited to, the
following acts committed with the c. Entering or remaining in the
purpose or effect of controlling or dwelling or on the property of
restricting the woman's or her child's the woman or her child against
movementorconduct: her/hiswill

a. Threatening to deprive or d. Destroying the property and
actuallydeprivingthewomanor personalbelongingsorinflicting
her child of custody to her/his harm to animals or pets of the
family womanorherchild

b. Depriving or threatening to e. Engaging in any form of
deprive the woman or her harassmentorviolence;
children of financial support
legallydueherorherfamily,or 9. Causing mental or emotional anguish,
deliberately providing the public ridicule or humiliation to the
woman's children insufficient woman or her child, including, but not
financialsupport limitedto,repeatedverbalandemotional
abuse, and denial of financial support or
c. Depriving or threatening to custodyofminorchildrenofaccesstothe
deprivethewomanorherchild woman'schild/children.(Sec.5)
ofalegalright
B.AntiChildPornographyLaw(R.A.9775)
d. Preventing the woman in
engaging in any legitimate Q:WhoareconsideredchildrenunderR.A.9775?
profession, occupation,
business or activity or A:Childrenreferstoapersonbelow18yearsofage
controlling the victim's own or over, but is unable to fully take care of
money or properties, or solely
themselves from abuse, neglect, cruelty,
193

exploitationordiscriminationbecauseofaphysical b. Audio representation of a person who is
ormentaldisabilityorcondition. orisrepresentedasbeingachildandwho
is engaged in or is represented as being
Note:Achildshallalsoreferto: engaged in explicit sexual activity, or an
audio representation that advocates,
1. A person regardless of age who is
presented,depictedorbelievedtobeachild encouragesorcounselsanysexualactivity
asdefinedherein with children which is an offense under
thisAct.
2. Computergenerated, digitally or manually
craftedimagesorgraphicsofapersonwho Note: Such representation includes audio
isrepresentedorwhoismadetoappearto recordings and live audio transmission
beachildasdefinedherein.
conveyed through whatever medium

includingrealtimeinternetcommunications
Q:Whatischildpornography?

A: Childpornography refers to any public or private c.Writtentextormaterialthatadvocatesor
representation, by whatever means, of a child counsels explicit sexual activity with a
engaged in real or simulated explicit sexual child and whose dominant characteristic
activities or any representation of the sexual parts isthedescription,forasexualpurpose,of
ofachildforprimarilysexualpurposes. anexplicitsexualactivitywithachild.

Q:Whatarechildpornographymaterials? 2. As to content: It includes representation
of a person who is, appears to be, or is
A:Childpornographymaterialsreferstothemeans represented as being a child, the
andmethodsbywhichchildpornographyiscarried dominant characteristic of which is the
out: depiction,forasexualpurpose,ofthe:
1. Astoform:
a. Sexualorganortheanalregion,
a. Visualdepictionwhichincludesnot orarepresentationthereof;or
onlyimagesofrealchildrenbutalso
digital image, computer image or b. Breasts, or a representation of
computergenerated image that is thebreasts,ofafemaleperson.
indistinguishable from that of real
children engaging in an explicit
sexual activity. Visual depiction shall Q:Whatisexplicitsexualactivity?
include:
A: Explicit sexual activity refers to actual or
i. Undeveloped film and simulated:
videotapes
1. Sexual intercourse or lascivious act
ii. Dataand/orimagesstoredona including, but not limited to, contact
computer disk or by electronic involvinggenitaltogenital,oraltogenital,
means capable of conversion anal to genital or oral to anal, whether
intoavisualimage betweenpersonsofthesameoropposite
sex
iii. Photograph,film,video,picture,
digital image or picture, 2. Bestiality
computer image or picture,
whether made or produced by 3. Masturbation
electronic, mechanical or other
means 4. Sadisticormasochisticabuse

iv. Drawings, cartoons, sculptures 5. Exhibition of the genitals, buttocks,
orpaintingsdepictingchildren breast,pubicareaand/oranus

v. Other analogous visual 6. Use of any object or instrument for
lasciviousacts
depiction

194

CRIMINALLAWTEAM:
Q:Whatisgrooming?
5. To publish, post, exhibit, disseminate,
A:Groomingreferstotheactofpreparingachildor distribute, transmit or broadcast child
someone who the offender believes to be a child pornography or child pornography
for sexual activity or sexual relationship by materials
communicatinganyformofchildpornography.
6. To knowingly possess, view, download,
Note: Grooming includes online enticement or purchase or in any way take steps to
enticementthroughanyothermeans. procure,obtainoraccessforpersonaluse
childpornographymaterials
Q:Whatisluring?
7. To attempt to commit child pornography
A: Luring refers to the act of communicating, by
byluringorgroomingachild.
means of a computer system, with a child or

someone who the offender believes to be a child
C.AntiHazingLaw(R.A.8049)
for the purpose of facilitating the commission of

sexual activity or production of any form of child
Q:WhatisHazing?
pornography.
Q:Whatareprimarilysexualpurposes? A: Hazing is an initiation rite or practice as a

prerequisite for admission into membership in a
A: It refers to purposes which will fulfill all the fraternity, sorority or organization by placing the
followingconditions: recruit, neophyte or applicant in some
embarrassing or humiliating situations such as
1. The average person applying
forcing him to do menial, silly, foolish and other
contemporary community standards
would find the work taken as a whole similar tasks or activities or otherwise subjecting
appealing to prurient interest and himtophysicalorpsychologicalsufferingorinjury.
satisfying only the market for gratuitous
sexandviolence Q:Whataretheallowedinitiationrites?

2. The work depicts or describes sexual A:
conductinapatentlyoffensiveway
1. Those conducted by organizations
3. Theworktakenasawholeimbuedwithin which shall include any club or the AFP,
its context, manner or presentation, PNP, PMA, or officer and cadet corp of
intention and culture, lascivious, literary, the Citizen's Military Training and CAT.
artistic,politicalandscientificvalue The physical, mental and psychological
testing and training procedure and
Q:WhatarepunishableactsunderRA9775? practices to determine and enhance the
physical,mentalandpsychologicalfitness
A:Thepunishableactsare: of prospective regular members of the
AFP and the PNP as approved by the
1. Tohire,employ,use,persuade,induceor Secretary of National Defense and the
coerce a child to perform in the creation National Police Commission duly
orproductionofchildpornography recommended by the Chief of Staff, AFP
andtheDirectorGeneralofthePNP.
2. Toproduce,direct,manufactureorcreate
any form of child pornography and child 2. Those conducted by any fraternity,
pornographymaterials sororityororganizationwithpriorwritten
noticetotheschoolauthoritiesorheadof
3. Tosell,offer,advertiseandpromotechild organization7daysbeforetheconductof
pornography and child pornography suchinitiation.
materials
Q:Whoareliable?
4. To possess, download, purchase,
reproduce or make available child A:
pornography materials with the intent of
sellingordistributingthem 1. Theff.areliableasPRINCIPAL:
195

A:
a. The officers and members of the 1. Whentherecruitmentisaccompaniedby
fraternity, sorority or organization force, violence, threat, intimidation or
who actually participated in the deceit on the person of the recruit who
inflictionofphysicalharm. refusestojoin

b. The parents of one of the officer or 2. When the recruit, neophyte or applicant
memberofthefraternity,sororityor initiallyconsentstojoinbutuponlearning
organization, when they have actual that hazing will be committed on his
knowledge of the hazing conducted person,ispreventedfromquitting
in their home but failed to take any
action to prevent the same from 3. When the recruit, neophyte or applicant
occurring. having undergone hazing is prevented
from reporting the unlawful act to his
c. The officers, former officers or parentsorguardians,totheproperschool
alumni of the organization, group, authorities, or to the police authorities,
fraternity or sorority who actually through force, violence, threat or
planned the hazing although not intimidation
present when the acts constituting
hazingwerecommitted. 4. Whenthehazingiscommittedoutsideof
theschoolorinstitution
Note:Thepresenceofanypersonduringthehazingis
prima facie evidence of participation therein as 5. Whenthevictimisbelow12yearsofage
principal,UNLESShepreventedthecommissionofthe atthetimeofthehazing.
actspunishabletherein.
2. Theff.areliableasACCOMPLICE: Note: Any person charged under this provision shall

not be entitled to the mitigating circumstance that
a. The owner of the place where the therewasnointentiontocommitsograveawrong.
hazing is conducted, when he has
actual knowledge of the hazing D.SpecialProtectionofChildrenAgainstChild
conducted therein but failed to take Abuse,Exploitation,andDiscriminationAct
anyactiontopreventthesamefrom (R.A.7610,asamended)
occurring.
Q:Ingeneral,whatarethepunishableactsunder
b. The school authorities including thisact?
facultymemberswhoconsenttothe
hazing or who have actual A:
knowledgethereof,butfailedtotake
anyactiontopreventthesamefrom 1. Childprostitutionandothersexualabuse
occurring. (Sec.5)
2. Childtrafficking.(Sec.7)
Q:Whatischildprostitution?
A:
A: Children, whether male or female, who for
1. Hazing or initiation rites in any form or money, profit, or any other consideration or due to
manner by a fraternity, sorority or the coercion or influence of any adult, syndicate or
organization without prior written notice group, indulge in sexual intercourse or lascivious
to the school authorities or head of conduct.
organization7daysbeforetheconductof
suchinitiation. Q:WhatarethepunishableactsunderSec.5?
2. Infliction of any physical violence during
initiationrites A:ThePunishableactsaretheff:

Q:Whenwillmaximumpenaltybeimposed? 1. Those who engage in or promote,
facilitate or induce child prostitution

196

CRIMINALLAWTEAM:
whichinclude,butarenotlimitedto,the insidetheroomorcubicleofahouse,an
following: inn, hotel, motel, pension house,
apartelle or other similar establishments,
a. Acting as a procurer of a child vessel, vehicle or any other hidden or
prostitute secludedareaundercircumstanceswhich
would lead a reasonable person to
b. Inducingapersontobeaclientofa believe that the child is about to be
child prostitute by means of written exploitedinprostitutionandothersexual
or oral advertisements or other abuse.
similarmeans
2. Any person is receiving services from a
c. Taking advantage of influence or child in a sauna parlor or bath, massage
relationship to procure a child as clinic, health club and other similar
prostitute establishments.

d. Threatening or using violence Q:Whatischildtrafficking?
towards a child to engage him as a
prostitute A: Any person who shall engage in trading and
dealing with children including, but not limited to,
e. Givingmonetaryconsiderationgoods theactofbuyingandsellingofachildformoney,or
orotherpecuniarybenefittoachild
foranyotherconsideration,orbarter.
with intent to engage such child in
prostitution
Q: When is there an attempt to commit child
2. Those who commit the act of sexual trafficking?
intercourse of lascivious conduct with a
child exploited in prostitution or subject A: There is an attempt to commit child trafficking
toothersexualabuse when:

Note: Provided, That when the victims is 1. A child travels alone to a foreign country
under12yearsofage,theperpetratorsshall withoutvalidreasonthereforandwithout
beprosecutedunderArticle335,paragraph clearance issued by the DSWDor written
3,forrapeandArticle336ofActNo.3815,
permit or justification from the child's
asamended,theRPC,forrapeorlascivious
parentsorlegalguardian
conduct,asthecasemaybe.

Provided, That the penalty for lascivious
2. Aperson,agency,establishmentorchild
conduct when the victim is under 12 years caring institution recruits women or
of age shall be reclusion temporal in its couples to bear children for the purpose
mediumperiod ofchildtrafficking

3. Those who derive profit or advantage 3. A doctor, hospital or clinic official or
therefrom,whetherasmanagerorowner employee, nurse, midwife, local civil
of the establishment where the registrar or any other person simulates
prostitution takes place, or of the sauna, birthforthepurposeofchildtrafficking
disco, bar, resort, place of entertainment
or establishment serving as a cover or 4. A person engages in the act of finding
which engages in prostitution in addition children among lowincome families,
to the activity for which the license has hospitals, clinics, nurseries, daycare
beenissuedtosaidestablishment. centers, or other childduring institutions
who can be offered for the purpose of
Q: When is there an attempt to commit Child childtrafficking.
Prostitution?
E.JuvenileJusticeandWelfareActof2006
(R.A.9344)
A:Thereisanattempttocommitchildprostitution

when:
Q:WhataretheprohibitedactsunderRA9344?

1. Anypersonwho,notbeingarelativeofa A: In the conduct of the proceedings beginning
child, is found alone with the said child
197

from the initial contact with the child, the vi. Crimes Involving Destruction (Art.
competentauthoritiesmust: 324)

1. Refrainfrombrandingorlabelingchildren b. SpecialPenalLaws:
as young criminals, juvenile delinquents, i. TheLawonArson(P.D1613)
prostitutes or attaching to them in any ii. ToxicSubstancesandHazardousand
manneranyotherderogatorynames Nuclear Waste Control Act of 1990
(R.A.6969)
2. Make no discriminatory remarks iii. Atomic Energy Regulatory and
particularly with respect to the child's LiabilityActof1968,(R.A.5207)
classorethnicorigin.(Sec.60) iv. AntiHijackingLaw(R.A.6235)
v. AntiPiracy and AntiHighway
Note:Thefollowingandanyothersimilaractsshallbe RobberyLawof1974(PD532)
considered prejudicial and detrimental to the
psychological, emotional, social, spiritual, moral and vi. Decree Codifying the Laws on Illegal
physical health and wellbeing of the child in conflict and Unlawful Possession,
withthelawandtherefore,prohibited: Manufacture, Dealing in, Acquisition
or Disposition of Firearms,
1. Employment of threats of whatever kind and AmmunitionsorExplosives(PD1866,
nature asamended

Note:Providedthatsuchacts:
2.Employmentofabusive,coerciveandpunitive
1. Sow and create a condition of widespread
measuressuchascursing,beating,stripping,and
and extraodinary fear and panic among the
solitaryconfinement
populace
2. Coerce the government to give in to an
3. Employment of degrading, inhuman end cruel unlawfuldemand.(Sec.3)
forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful 2. Persons who conspire to commit the crime of
substances over the body of the child in conflict terrorism.
with the law, or forcing him/her to walk around

the community wearing signs which embarrass,
Q.WhomaybeliableunderR.A.9372?
humiliate, and degrade his/her personality and

dignity
A: The crime of terrorism is committed by any
person who engages in any of the following acts
4. Compelling the child to perform involuntary punishable under the RPC and other special laws.
servitude in any and all forms under any and all
Provided, that such acts sows and creates a
instances.(Sec.61)
conditionofwidespreadandextraordinaryfearand
panic among the populace and to coerce the
F.HumanSecurityActof2007(R.A.9372) governmenttogiveintoanunlawfuldemand.(Sec.
3)
Q:Whatarethepunishableactsofterrorism?

A:

underanyofthefollowingprovisionsofthe:

a. RPC:
i. Piracy in General and Mutiny in the
HighSeasorinthePhilippineWaters
(Art.122)
ii. RebellionorInsurrection(Art.134)
iii. Coup d' etat, including acts
committed by private persons (Art.
134a)
iv. Murder(Art.248)
v. Kidnapping and Serious Illegal
Detention(Art.267)
198

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Liberty and Security
IX.CRIMESAGAINSTLIBERTYANDSECURITY consented to go with the offender to a place but the

victim is thereafter prevented, with the use of force,
KIDNAPPINGANDSERIOUSILLEGALDETENTION fromleavingtheplacewherehewasbroughttowith
(Art.267) his consent and is detained against his will, the
offender is guilty of kidnapping and serious illegal
Q:Whataretheelementsofthiscrime? detention (People v. Picker, G.R. No. 120409, Oct. 23,
2003).

A:
Q: What are the distinctions between kidnapping
1. Offenderisaprivateindividualwhoisnot
andslightillegaldetention?
anyoftheparentsofthevictim

2. He kidnaps or detains another, or in any
A:
other manner deprives the latter of his
SLIGHTILLEGAL
liberty KIDNAPPING
DETENTION
3. Act of detention or kidnapping must be
Oneisrestrainedofhis
illegal
Itsessenceistransporting libertywithout
4. In the commission of the offense, any of theoffendedpartyfrom necessarilytransporting
thefollowingcircumstancesispresent: oneplacetoanother. himfromoneplaceto
a. Kidnapping or detention lasts for another.
morethan3days Thepurposeofthe
b. It is committed simulating public offenderistoextort
authority Apersonistransported
ransomeitherfromthe
c. Any serious physical injuries are notforransom.
victimorfromanyother
inflicted upon the person kidnapped person.
ordetainedorthreatstokillhimare
made Q: If a person is transported from one place to
d. Thepersonkidnappedordetainedis another,whatcrimesmaybepossiblycommitted?
aminor,female,orapublicofficer.
A:
Q:Whatistheessenceofthiscrime? 1. Forcible abduction If a woman is
transportedfromoneplacetoanotherby
A: The essence of this offense is the actual virtueofrestrainingherofherlibertyand
deprivationofthevictimslibertycoupledwiththe thatactiscoupledwithlewddesigns.
intent of the accused to effect it. There must be
indubitable proof that the actual intent of the 2. Kidnappingwithseriousillegaldetention
malefactor was to deprive the offended party of Ifawomanistransportedjusttorestrain
liberty. The restraint however need not be her liberty. There is no lewd design or
permanent. (People v. Pavillare, G.R. No. 129970, intent.
Apr.5,2000)
3. Grave coercion If a woman is carried
Note:Ifthepersonkilled,torturedorrapedisnotthe awayjusttobreakherwill,tocompelher
same victim of kidnapping or detention, the crimes to agree to demand or request by the
may be complexed or be considered as separate offender.
offenses.
Illustration:
Q: Is it necessary that the victim be placed in an Ifthevictimwasnotkidnappedortakenawaybutwas
enclosure? restrainedand deprived of his liberty, like inthe case
ofahostageincidentwheretheaccused,whowasone
A:No.Itmayconsistnotonlyinplacingapersonin oftheoccupantsofthehouse,grabbedachild,poked
anenclosurebutalsoindetaininghimordepriving a knife on the latters neck, called for media people
himinanymannerofhisliberty. anddemandedavehiclefromtheauthoritieswhichhe
coulduseinescaping,asitturnedoutthattherewas
Note: The crime is committed when the offender left an unserved arrest warrant against him, the proper
thechildinthehouseofanother,wherethechildhad chargeisSeriousillegaldetention(withoutkidnapping
freedomoflocomotionbutnotthefreedomtoleaveit anymore)butlikewiseunderArt.267oftheRPC.
atwillbecauseofhistenderage.(Peoplev.Acosta,60
O.G.6999) Q: What are the circumstances which qualify the
crimeofkidnappingandseriousillegaldetention?
Although the victim may have at the inception
199

A:Deathpenaltyshallbeimposedinthefollowing: Q: Suppose a group of men kidnapped 3 Chinese
childrenforthepurposeofextortingransomfrom
1. If the purpose of the kidnapping is to their parents. Because the parents of the
extortransom. kidnapped victims were not able to meet the
conditions by the kidnappers, they killed the
2. When the victim is killed or dies as a victims.Whatis/arethecrime/scommittedbythe
consequenceofthedetention. kidnappers?

3. Whenthevictimisraped. A:Thecrimeiskidnappingwithhomicide.Assuch,
it is a single indivisible offense and not a complex
4. Whenthevictimissubjectedtotortureor crime. Regardless of the number of persons killed
dehumanizingacts. whoarenecessarilythekidnappedvictims,thereis
onecrimeonlyofkidnappingwithhomicide.
Note:Ifthevictimisawomanorapublicofficer,the
detention is always serious no matter how short the Illustration:
periodofdetentionis.
Where after taking the victim with her car, the
Q: What is the crime if a 3year old boy was accused called the house of the victim asking for
kidnapped, gagged and hidden in a box where it ransom but upon going to their safehouse saw
diedandoffenderaskedforransom? several police cars chasing them, prompting them
to kill their victim inside the car, there were two
A: The demand for ransom did not convert the crimes committed kidnapping for ransom and
offensefrommurdertokidnapping.Thedefendant murder, not a complex crime of kidnapping with
was well awarethat the child would be suffocated murderasshewasnottakenorcarriedawaytobe
to death in a few moments after she left. The killed, killing being an afterthought. (People v.
demand for ransom is only a part of the diabolic Evanoria,209SCRA577)
scheme of the defendant to murder the child, to
conceal his body and then demand money before Q:Inkidnappingwithhomicide,woulditmakeany
the discovery of the cadaver. (People v. Lora, G.R. difference if the killing was purposely sought or
No.49430,Mar.30,1982). wasmerelyanafterthought?

Q: What is the main distinction between illegal A: No. Regardless of whether the killing was
detentionandarbitrarydetention? purposely sought or was merely an afterthought,
thekidnappingandthehomicideormurderarenot
A: treated as separate crimes nor can they be
ARBITRARY complexedunderArt.48butshallbepunishedasa
ILLEGALDETENTION
DETENTION specialcomplexcrime.
Committedbyaprivate Committedbyapublic
personwhokidnaps,detains officerwhodetainsa Q: Suppose the persons killed on the occasion of
orotherwisedeprives personwithoutlegal kidnapping are other persons, not the victims
anotherofhisliberty. grounds.
themselves,whatis/arethecrime/scommitted?
Crimeagainstthe
Crimeisagainstpersonal
fundamentallawof
libertyandsecurity. A:Twoseparatecrimesofmurderorhomicideand
theState.
kidnapping. The killing would be treated as a

separatecrime.
Q: What special complex crimes may arise in

kidnapping?
Q: Suppose the taking of the victim is only

incidentaltothebasicpurposetokill,whatisthe
A:
crimecommitted?
1. Kidnappingwithhomicide

2. Kidnappingwithrape
A:Thecrimeisonlymurdernotthespecialcomplex
3. Kidnappingwithphysicalinjuries
crime of kidnapping with homicide because the

primordial intent is to kill the victim and the
Q:Howisthetermhomicideinthelastparagraph
deprivationoflibertyismerelyincidentalthereto.
ofArt.267construed?

Q:Supposethekidnappedvictimdisappeared,will
A: Homicide is used in the generic sense and
such disappearance negative criminal liability of
includesmurderbecausethekillingisnottreatedas
thekidnappers?
aseparatecrimebutaqualifyingcircumstance.
200

CRIMINALLAWTEAM:
becausetheabductionis
A:No,becauseinkidnapping,theessentialelement anecessarymeansto
is deprivation of the victims liberty and the commitonlythefirst
subsequent disappearance of the victim will not rape,thustheotherrape
exonerate the accused from prosecution. incidentswillbetreated
Otherwise,kidnapperscaneasilyavoidpunishment asseparatecrimes.
by the simple expedient of disposing of their Ifrapeismerely
Ifrapewasmerely
victimsbodies. attempted,thereisonly
attempted,2separate
forcibleabduction,the
crimesarecommitted
attempttorapeis
Q: What is the effect of the voluntary release of kidnappingandserious
deemedmerelya
the victim on the criminal liability of the illegaldetentionand
manifestationoflewd
kidnappers? attemptedrape.
designs.

A:Qualify.
Q:Whatdistinguisheskidnappingforransomfrom
robbery, insofar as the delivery of money to the

1. If it is serious illegal detention, the offendersisconcerned?
voluntary release has no effect on the

criminalliabilityoftheoffenders.
A:
KIDNAPPINGFOR
2. If it is slight illegal detention, the ROBBERY
RANSOM
voluntary release will mitigate the Themotiveofthe
criminalliabilityoftheoffenders. Ransomispaidin offendersisnottorestrain
exchangeforthe ordeprivethevictimof
3. In kidnapping for ransom, voluntary offendedpartysliberty. hislibertybuttodivest
releasewillnotmitigatethecrime. himofhisvaluables.

Q:Whatisaransom? Q: What sets kidnapping apart from forcible
abduction?
A: A ransom is the money, price or consideration
paidordemandedfortheredemptionofacaptured A:
person or persons, the payment of which releases KIDNAPPING FORCIBLEABDUCTION
themfromcaptivity.Thisistrueeventhoughwhat Attheoutset,the
is being demanded is due to the offender such as Attheoutset,thetaking
intentionoftheoffender
ofthevictimiscoupled
debtorrent. ismerelytodetainthe
withlewddesigns.
victim.
Note:Theransomismerelyaqualifyingcircumstance
and no matter how short the detention and SLIGHTILLEGALDETENTION
kidnapping is, the crime is still committed because (Art.268)
ransomisnotanelementofkidnapping.
Q: What are the distinctions between kidnapping
withrapeandforcibleabductionwithrape? A:
1. Offenderisaprivateindividual
A: 2. He kidnaps or detains another, or in any
FORCIBLEABDUCTION othermannerdepriveshimofhisliberty
KIDNAPPINGWITHRAPE
WITHRAPE 3. Actofkidnappingordetentionisillegal
Thecrimeiscomplex 4. Crime is committed without the
Thecrimeiscompositeor
underArt.48since
aspecialcomplexcrimeif attendance of any of the circumstances
forcibleabductionisa
thewomankidnappedis enumeratedinArt.267
necessarymeansto
alsoraped.
committherape.
Q: In cases of kidnapping, what is the liability of
Thereisnolewddesign Thereislewddesign.
the person who furnished the place where the
Rapeisnotaseparate
Rapeistreatedasa victimisbeingheld?
crimebutmerelya
separatecrime.
qualifyingcircumstance.
Eveniftherearemultiple Iftherearemultiple A:Thepersonhasthesameliabilityastheprincipal
rapes,thereisonlyone rapes,onlyonerapeshall although said person generally acts as an
crimeofkidnappingwith becomplexedwith accomplice.
rape. forcibleabduction
Note: When the victim is female the detention is
201

underArt.267,voluntarilyreleaseisnotmitigating. 2. If the person arrested is not delivered to
the authorities, the private individual
UNLAWFULARREST making the arrest incurs criminal liability
(Art.269) forillegaldetentionunderArt.267or268.

Q:Whataretheelementsofunlawfularrest? 3. If the offender is a public officer, the
crime is arbitrary detention under Article
A: 124.
1. Offender arrests or detains another
person 4. If the detention or arrest is for a legal
2. Purpose of the offender is to deliver him ground, but the public officer delays
totheproperauthorities delivery of the person arrested to the
3. Arrest or detention is not authorized by proper judicial authorities, the crime is
law or there is no reasonable ground delay in the delivery of detained persons
thereof underArticle125.

Note: Arrest or detention refers to Q:WhatarethedistinctionsbetweenDelayinthe
warrantlessarrest. DeliveryofDetainedPersonsandUnlawfulArrest?

Note: In unlawful arrest, the detention is only A:
incidental. DELAYINTHEDELIVERY
UNLAWFULARREST
OFDETAINEDPERSONS
Generally, this crime is committed by incriminating
Detentionisforsome Detentionisnot
innocent persons by the offenders planting evidence
legalground authorizedbylaw
tojustifythearrestacomplexcrimeresultsthatis
Crimeiscommittedby
unlawful arrest through incriminatory machinations
failingtodeliversuch Committedbymakingan
underArticle363.
persontotheproper arrestnotauthorizedby

judicialauthoritywithin law
Q:Whomaybeheldliableunderthisarticle?
acertainperiod

A:Offenderisanyperson,whetherapublicofficer
KIDNAPPINGANDFAILURETORETURNAMINOR
or a private individual. However, the public officer
(Art.270)
must not be vested with the authority to arrest or

detain a person or must not act in his official
capacity. Otherwise, Art.124 is applicable and not

Art.269.
A:

1. Offenderisentrustedwiththecustodyof
Q: What is the essence of the crime of unlawful
aminorperson(whetheroverorunder7
arrest?
yearsbutlessthan21yearsofage)

2. He deliberately fails to restore the said
A: The arrest must be made for the purpose of
minortohisparentsorguardians.
delivering the person arrested to the proper

authoritiesbutitwasmadewithoutanyreasonable
Note: What is actually punishable is not the
groundstherefore.
kidnapping of the minor but rather the deliberate
failure or refusal of the custodian of the minor to
Q:Isthereaperiodofdetentionfixedbylaw? restore the latter to his parents or guardian. Said
failureorrefusalmustnotonlybedeliberatebutmust
A: None. What is controlling is the motive of the alsobepersistentastoobligetheparentsorguardians
offender. of the child to seek the aid of the courts in order to
obtaincustody.
Q:Whatvariantcrimesarecommittedifaperson
isarrestedand/ordetained? If any of the foregoing elements is absent, the
kidnappingoftheminorwillthenfallunderArticle267
A: (kidnappingandseriousillegaldetention).
1. If the arrest is made without a warrant
and under circumstances not allowing a If the accused is any of the parents, Article 267 does
warrantless arrest, the crime would be notapply.Articles270and271willapply.
unlawfularrest.
Q: What is the main distinction between
202

CRIMINALLAWTEAM:
kidnapping and serious illegal detention and

kidnappingandfailuretoreturnaminor? Q: What is the main distinction between
kidnapping and serious illegal detention and
A: inducingaminortoabandonhishome?
KIDNAPPINGAND KIDNAPPINGAND
SERIOUSILLEGAL FAILURETORETURNA A:
DETENTION MINOR KIDNAPPINGAND INDUCINGAMINORTO
Offenderisnot SERIOUSILLEGAL ABANDONHISHOME
Offenderisentrustedwith
entrustedwiththe DETENTION(ART.267) (ART.271)
thecustodyoftheminor
custodyofthevictim Parentscancommitthis
Cannotbecommittedby
Whatispunishedisthe crimeagainsttheirown
theparentsoftheminor.
deliberatefailureofthe children.
Illegallydetainingor offenderhavingthe
kidnappingtheminor custodyoftheminorto SLAVERY
restorehimtohisparents (Art.272)
orguardian
Q:WhataretheelementsofSlavery?
Note: Kidnapping and failure to return a minor is
necessarily included in Kidnapping and Serious Illegal A:
DetentionofMinor.
1. That the offender purchases, sells,
kidnapsordetainsahumanbeing.
INDUCINGAMINORTOABANDONHISHOME
2. That the purpose of the offender is to
(Art.271)
enslavesuchhumanbeing.

Q:Isthereanyqualifyingcircumstance?

A:
A:Yes,suchaswhenthepurposeoftheoffenderis
1. A minor (whether over or under 7 years to assign the offended party to some immoral
ofage)islivinginthehomeofhisparents
traffic.E.g.Prostitution
orguardianorthepersonentrustedwith

hiscustody.
Q: Is obliging a person to render service to one
2. Offender induces said minor to abandon
whomheisindebtedwithoutremunerationandto
suchhome.
remainthereaslongasthedebtispaidconstitutes
slavery?
Note: Inducement must be actual, committed with

criminal intent, and determined by a will to cause
A: Yes. The purpose must be determined. If the
damage. The minor should not leave his home of his
own free will. It is not necessary that the minor purpose is to enslave the victim, it is slavery;
actuallyabandonsthehome. otherwise,itiskidnappingorillegaldetention.

Q:Whatistherationaleforpenalizingthecrimeof Q: What is the main distinction between slavery
inducingaminortoabandonhishome? andwhiteslavetrade?

A:Thisarticleisintendedtodiscourageandprevent A:
disruption of filial relationship and undue SLAVERY WHITESLAVE TRADE
interferencewiththeparentsrightanddutytothe Theoffenderisnot Theoffenderisengagedin
custodyoftheirminorchildrenandtorearthem. engagedinprostitution. prostitution.

Illustration: Q: How is slavery distinguished from illegal
detention?
Father or mother may commit crimes under Arts.270
and 271 such where the father and mother are living A:
separately, and the custody of the minor child has SLAVERY ILLEGALDETENTION
been given to one of them, the other parent who Thepurposeforthe Thepurposeistodeprive
kidnaps such minor child from the one having the detentionistoenslave orrestraintheoffended
lawful custody of said child or induces such minor to theoffendedparty. partyofhisliberty.
leavehishomeisliable.
Note:Inboth,theoffendedpartyisdetained.
Note:Mitigatedifcommittedbythefatherormother
ofthevictim.
203

EXPLOITATIONOFCHILDLABOR Q:Whatarethepunishableacts?
(Art.273)
A:
Q:Whataretheelementsofthiscrime? 1. Failingtorenderassistancetoanyperson
whom the offender finds in an
A: uninhabited place wounded or in danger
1. Offenderretainsaminorinhisservice of dying when he can render such
assistance without detriment to himself,
2. Itisagainstthewilloftheminor unless such omission shall constitute a
moreseriousoffense.
3. It is under the pretext of reimbursing
himself of a debt incurred by an Elements:
ascendant, guardian or person entrusted a. Theplaceisnotinhabited
withthecustodyofsuchminor. b. Accused found there a person
woundedorindangerofdying
Note:Indebtednessisnotagroundfordetention. c. Accused can render assistance
withoutdetrimenttohimself
SERVICESRENDEREDUNDERCOMPULSIONIN d. Accusedfailstorenderassistance
PAYMENTOFDEBT
(Art.274) 2. Failing to help or render assistance to
another whom the offender has
Q:Whataretheelementsofthiscrime? accidentallywoundedorinjured.

A: Note: The character of the place is
1. Offender compels a debtor to work for immaterial.
him, either as household servant or farm
laborer 3. Failing to deliver a child under seven (7)
years of age whom the offender has
2. Itisagainstthedebtorswill foundabandoned,totheauthoritiesorto
hisfamily,orfailingtotakehimtoasafe
3. The purpose is to require or enforce the place.
paymentofadebt.
Note: It is immaterial that the offender did
Note: If there is no creditordebtor relationship notknowthatthechildisunder7years.
between the offender and the offended party,
coercioniscommitted. The child under 7 years of age must be
foundinanunsafeplace.
Q:WhatdistinguishesArt.274fromArt.273?
Q:Whatisanuninhabitedplace?
A:
SERVICESRENDERED A:Anuninhabitedplaceisdeterminedbypossibility
EXPLOITATIONOFCHILD UNDERCOMPULSIONIN ofpersonreceivingassistancefromanother.Evenif
LABOR(ART.273) PAYMENTOFDEBT there are many houses around the place may still
(ART.274) be uninhabited if possibility of receiving assistance
Doesnotdistinguish isremote.
Victimisaminor whethervictimisaminor
ornot Q:Supposetheaccident(underthesecondformof
Minoriscompelledto abandonment) is due to reckless imprudence or
Debtorhimselfistheone
renderservicesforthe simple negligence, for what crime shall the
compelledtoworkforthe
supposeddebtofhis offenderbeprosecuted?
offender
parentorguardian
Serviceofminorisnot A: If the accident is due to reckless imprudence or
Limitedtohouseholdand
limitedtohouseholdand
farmwork simple negligence, Art. 365 will govern. The last
farmwork
paragraphthereofonabandonmentofonesvictim

isaqualifyingcircumstanceandthereforemustbe

allegedintheinformation.
ABANDONMENTOFPERSONSINDANGERAND

ABANDONMENTOFONESOWNVICTIM
If the fact of abandonment in the information for
(Art.275)
recklessorsimplenegligenceisalleged,theaccused
204

CRIMINALLAWTEAM:
willstillbeliableforprosecutionunderArt.275(2). ABANDONMENTOFMINORBYAPERSON
ENTRUSTEDWITHHISCUSTODY;INDIFFERENCEOF
ABANDONINGAMINOR PARENTS(Art.277)
(Art.276)
Q: What are the elements of the crime of
Q:Whataretheelementsofthiscrime? abandonment of minor by one charged with the
rearingoreducationofsaidminor?
A:
1. Offenderhasthecustodyofthechild A:
2. Childisunder7yearsofage 1. Offender has charge of the rearing of
3. Heabandonssuchchild educationofaminor
4. Hehasnointenttokillthechildwhenthe
latterisabandoned 2. He delivers said minor to a public
institutionorotherpersons
Q:Whatkindofabandonmentiscontemplatedby
law? 3. One who entrusted such child to the
offender has not consented to such act;
A: The abandonment contemplated by law is not oriftheonewhoentrustedsuchchildto
the momentary leaving of a child but the the offender is absent, the proper
abandonment of such minor that deprives him of authoritieshavenotconsentedtoit
thecareandprotectionfromdangertohisperson.
Q: What are the elements of the crime of
Q:Supposetherewasintenttokillonthepartof IndifferenceofParents?
theoffenderandthechilddies,whatisthecrime?
A:
A: The crime would be murder, parricide, or 1. Offenderisaparent
infanticide,asthecasemaybe.Ifthechilddoesnot
die, it is attempted or frustrated murder, parricide 2. He neglects his children by not giving
orinfanticide,asthecasemaybe. themeducation

Note: Intent to kill cannot be presumed from the 3. Hisstationinliferequiressucheducation
death the child. The ruling that intent to kill is andhisfinancialconditionpermitsit
conclusivelypresumedfromthedeathofthevictimis
applicable only to crimes against persons and not to Note: Failure to give education must be due to
crimes against security, particularly the crime of deliberatedesiretoevadesuchobligation.
abandoningaminorunderArt.276.
Iftheintentinabandoningthechildistoloseitscivil
Abandonment of Minor by Person Entrusted with
status, the crime under Art.347 (concealment or
abandonmentofalegitimatechild)iscommitted. his Custody; Indifference of Parents (Art.277) and
AbandoningaMinor(Art.276)?
A permanent, conscious and deliberate abandonment
is required in this article. There must be an A:
interruption of the care and protection that a child ABANDONMENTOF
needsbyreasonofhistenderage. MINORBYAPERSON
ABANDONINGA
ENTRUSTEDWITHHIS
Q:Whatarethequalifyingcircumstances? MINOR(ART.276)
CUSTODY;INDIFFERENCE
OFPARENTS(ART.277)
A: Thecustodyofthe
Thecustodyofthe
1. When death of the minor resulted from offenderisspecific,thatis,
minorisstatedin
suchabandonment. thecustodyfortherearing
general.
2. Iflifeoftheminorwasindangerbecause oreducationoftheminor.
oftheabandonment. Minorisunder18yearsof Minorisunder7years
age. ofage.
Note:Iftheoffenderistheparentoftheminorwhois Minorisabandoned in
abandoned,heshallbedeprivedofparentalauthority. Minorisdeliveredtoa suchawayastodeprive
publicinstitutionorother himofthecareand
person. protectionthathis
tenderyearsneed.

205

EXPLOITATIONOFMINORS Ratio:Becauseiftheemployerisanascendant,thelaw
(Art.278) regards that he would look after the welfare and
protectionofthechild.Hence,theageisloweredto12
Q:Whatarethepunishableacts? years.Belowthatage,thecrimeiscommitted.

A: Q:WhatarethedistinctionsbetweenExploitation
1. Causing any boy or girl under 16 to ofMinors(Art.278,Par.5)andInducingaMinorto
performanydangerousfeatofbalancing, AbandonhisHome(Art.271)?
physical strength or contortion, the
offenderbeinganyperson A:
INDUCINGA
EXPLOITATIONOFMINORS
2. Employingchildrenunder16yearsofage MINORTO
(ART.278,PAR.5)
who are not the children or descendants ABANDONHIS

of the offender in exhibitions of acrobat, HOME(ART.271)
gymnast, rope walker, diver, or wild Thepurposeofinducingthe
animal tamer, the offender being an minortoabandonthehomeisto
Nosuchperson.
followanypersonengagedin
acrobat,etc.,orcircusmanagerorperson
anyofthecallingsmentioned.
engagedinanyofsaidcallings
Victimisaminor

Victimisunder16yearsofage. (under18yearsof
3. Employinganydescendantunder12years
age)
of age in dangerous exhibitions

enumerated in the next preceding
Q: Correlate exploitation of minors to R.A. 7610
paragraph,theoffenderbeingengagedin
(Special Protection of Children against Child
anyofthesaidcallings.
Abuse,ExploitationandDiscriminationAct).

4. Delivering a child under 16 years of age
A:
gratuitously to any person if any of the
EXPLOITATIONMINORS R.A.7610
callingsenumeratedinparagraph2,orto
Appliestominorsbelow Appliestominorsbelow
any habitual vagrant or beggar, the
16yearsofage 18yearsold
offender being an ascendant, guardian,
Aslongasthe
teacher or person entrusted in any
Thebusinessisofsuch employmentisinimical
capacitywiththecareofsuchchild. kindthatwouldplacethe eventhoughthereisno
lifeorlimboftheminor physicalriskand
5. Inducing any child under 16 years of age indanger,eventhough detrimentaltothechilds
to abandon the home of its ascendants, workingforhimisnot interestagainstmoral,
guardians, curators or teachers to follow againstthewillofthe intellectual,physical,and
any person entrusted in any of the minor. mentaldevelopmentof
callings mentioned in paragraph 2 or to theminor.
accompany any habitual vagrant or Ifthechildfelland
beggar,theoffenderbeinganyperson. sufferedphysicalinjuries
whileworking,the
Note: Age must be below 16 years. At this age, the employershallbeliable Nosuchsimilarprovision
minorisstillgrowing. forsaidphysicalinjuries existsunderR.A.7610.
inadditiontohisliability
Q:WhatkindofbusinessdoesArt.278speakof? forexploitationof
minors.
A: Art.278 contemplates a business that generally
attractschildrensothattheythemselvesmayenjoy Q: Does the criminal liability for neglect of child
workingthereunawareofthedangertotheirown under Art.59 (4) of P.D. 603 attach only if both
livesandlimb,suchascircuses. parents are guilty of neglecting the childs
education?
Q: Suppose the employer is the parent or
ascendant of the child who is already 12 years of A: No. The law is clear. The crime may be
age,isthereacrimeofexploitationofminors? committed by any of the parents. Liability for the
crime does not depend on whether the parent is
A: The crime of exploitation of minors is not alsoguiltyofneglect.Thelawintendstopunishthe
committediftheemployerisaparentorascendant neglectofanyparent,whichneglectcorrespondsto
unlesstheminorislessthan12yearsold. thefailuretogivethechildtheeducationwhichthe
familys station in life and financial condition
206

CRIMINALLAWTEAM:
permit. The irresponsible parent cannot exculpate A:

himself from the consequences of his neglect by 1. Entering a dwelling of another at late
invokingtheotherparentsfaithfulcompliancewith hourofthenight
hisorherownparentalduties.(deGuzmanv.Perez,
G.R.No.156013,July25,2006) 2. When the entrance is made through
meansnotintendedforingress
Note:TheneglectofchildpunishedunderArt.59(4)of
P.D. 603 is also a crime (known as indifference of 3. The existence of enmity or strained
parents) penalized under the second paragraph of relations between the accused and the
Art.277 of the RPC (De Guzman v. Perez, G.R. No. occupant.
156013,July25,2006).Hence,itisexcludedfromthe
coverageofR.A.7610. Q:Citeexamplesoftrespassbymeansofviolence.

ADDITIONALPENALTIESFOROTHEROFFENSES A:
(Art.279) 1. Pushing the door violently and
maltreatingtheoccupantsafterentering
Note: The offender is not only liable for the

abandonment or exploitation but also for all its
2. Cutting of a ribbon string with which the
consequences.Ifasaresult,physicalinjuriesordeath
resulted, another crime is committed by authority of
doorlatchofaclosedroomwasfastened.
Article279. The cutting of the fastenings of the door
wasanactofviolence
QUALIFIEDTRESPASSTODWELLING
(Art.280) 3. Woundingbemeansofabolo,theowner
ofthehouseimmediatelyafterentrance
Q: Give examples of trespass by means of
A: intimidation.
1. Offenderisaprivateperson
2. Heentersthedwellingofanother A:
3. Suchentranceisagainstthelatterswill 1. Firing a revolver in the air by persons
attempting to force their way into a
Q:Whatisadwelling? house.

A:Adwellingisaplacethatapersoninhabitsorany 2. The flourishing of a bolo against inmates
building or structure exclusively devoted for rest ofthehouseupongaininganentrance.
and comfort. Whether a building is a dwelling
houseornotdependsupontheuse.Itincludesthe Note:Theremustbeanoppositiononthepartofthe
owner of the house to the entry of the accused.
dependencies which have interior communication
Prohibition is not necessary when violence or
with the house. It is not necessary that it be a
intimidationwasemployedbytheoffender.
permanentdwellingofaperson.

Q: What are the various crimes that may be

E.g.
committedwhenapersontrespassesadwelling?
1. Apersonsroominahotel
2. Aroomwhereoneresidesasaboarder

A:
Note: In general, all members of the household must 1. If the purpose in entering the dwelling is
bepresumedtohaveauthoritytoextendaninvitation notshown,trespassiscommitted.
toenterthehouse.
2. If the purpose is shown, it may be
Q:Whatismeantbythephraseagainstthewill? absorbed in the crime as in robbery with
forceuponthings,thetrespassyieldingto
A:Againstthewillmeansthattheentranceiseither themoreseriouscrime.
expresslyorimpliedlyprohibited.
3. Butifthepurposeisnotshownandwhile
Q: What are some of the instances where inside the dwelling he was found by the
prohibition to enter a dwelling is implied or occupants, one of whom was injured by
presumed? him,thecrimecommittedwillbetrespass
to dwelling and frustrated homicide,
physicalinjuries,oriftherewasnoinjury,
207

unjustvexation. OTHERFORMSOFTRESPASSTODWELLING
(Art.281)
Q:Maytrespasstodwellingbecommittedbythe
ownerofthehouse? Q:Whataretheelementsofthiscrime?

A: Yes. In cases where the owner has allowed the A:
roomsorthehousestoberentedbyotherpersons, 1. Offenders enter the closed premises or
trespass to dwelling is committed if the owner thefencedestateofanother.
thereof enters the room or house without the
knowledge andconsent and against the will of the Note: The term premises signifies distinct
boarderortenant. and definite locality. It may mean a room,
shop,buildingordefinitearea,butineither
Q:Underwhatcircumstancesthecrimeoftrespass case,localityisfixed.
todwellingisnotcommitted?
2. Entrance is made while either of them is
A: uninhabited.
1. When the purpose of the entrance is to
prevent serious harm to himself, the 3. Prohibitiontoenterismanifest.
occupantorthirdpersons.
4. Trespasser has not secured the
2. When the purpose of the offender in permissionoftheownerorthecaretaker
entering is to render some service to thereof.
humanityorjustice.
Q: What are the distinctions between trespass to
3. Anyone who shall enter cafes, taverns, dwellingandtrespasstoproperty?
inns and other public houses while they
areopen. A:

Q: What are the distinctions between trespass to TRESPASSTO
TRESPASSTOPROPERTY
dwellingandviolationofdomicile? DWELLING
Offenderisaprivate
Offenderisanyperson.
person.
A:
Offenderentersa Offenderentersclosed
TRESPASSTO
VIOLATIONOFDOMICILE dwellinghouse. premisesorfencedestate.
DWELLING
Placeenteredis
Maybecommittedonlybya Placeenteredisuninhabited.
inhabited.
publicofficeroremployee
andtheviolationmayconsist Actconstitutingthecrimeis
Actconstitutingthe
ofanyofthethreeacts enteringtheclosedpremises
crimeisenteringthe
mentionedinArticle128: orthefencedestatewithout
dwellingagainstthe
securingthepermissionofthe
willoftheowner.
1. Entering the dwelling ownerorcaretakerthereof.
againstthewilloftheowner Prohibitiontoenter Prohibitiontoentermustbe
Maybecommittedby isexpressorimplied. manifest.
withoutjudicialorder
anyprivateperson

whoshallenterthe GRAVETHREATS
2.Searchingpapersorother
dwellingofanother (Art.282)
effects found in such
againstthelatters
dwelling without the
will.
previous consent of the Q:Whatarethepunishableacts?
ownerthereof
A:
3. Refusing to leave the 1. Threatening another with the infliction
dwelling when so requested upon his person, honor or property or
by the owner thereof, after thatofhisfamilyofanywrongamounting
having surreptitiously to a crime and demanding money or
enteredsuchdwelling.
imposing any other condition even
though not unlawful, and the offender
Note: When there is no overt act of the crime
attainedhispurpose.
intended to be committed (e.g. theft), the crime is

trespasstodwelling.
2. By making such threat without the

208

CRIMINALLAWTEAM:
offender attaining his purpose. (Elements A:

for this act are the same with the first THREAT COERCION
exceptthatthepurposeisnotattained.) Essenceofthreatis Essenceofcoercionisviolence
intimidation orintimidation
3. Bythreateninganotherwiththeinfliction Wrongorharm Thereisnoconditioninvolved;
upon his person, honor or property or doneisfutureand hence,thereisnofuturityin
thatofhisfamilyofanywrongamounting conditional theharmorwrongdone
toacrime,thethreatnotbeingsubjectto
acondition. Q: What are the distinctions between threat and
robbery?
Q:Whatistheessenceofthiscrime?
A:
A:Intimidation.Toconstitutegravethreats,itmust THREAT ROBBERY
inspire terror or fear upon another. It is Intimidationisfutureand Intimidationisactualand
characterized by moral pressure that produces conditional. immediate.
alarm. Intimidationmaybe
Intimidationispersonal.
throughanintermediary.
Note:Actthreatenedtobecommittedmustbewrong Mayrefertotheperson, Referstopersonal
orunlawful.E.g.threateningtosueisnotunlawful. honororproperty. property.
Intenttogainisnot an
Thereisintenttogain.
Itisconsummatedassoonasthethreatscometothe essentialelement.
knowledge of the person threatened. It is not Thedangerinvolvedis
Thedangertothevictim
necessary that the offended party was present at the directlyimminenttothe
isnotinstantlyimminent
timethethreatsweremade. victimandthe
northegainoftheculprit
obtainmentofgain
immediate.
Q:Whatisathreat? immediate.

A: Threat is a declaration of an intention or LIGHTTHREATS
determinationtoinjureanotherbythecommission (Art.283)
uponhisperson,honororpropertyoruponthatof
his family of some wrong which may or may not Q: What are the elements of this crime of Light
amounttoacrime. Threats?

GR: The threats made in connection with the A:
commission of the crime are absorbed by the 1. Offender makes a threat to commit a
latter. wrong

XPN:Ifthethreatwasmadewiththedeliberate 2. Thewrongdoesnotconstituteacrime
purpose of creating in the mind of the person
threatened the belief that the threat would be 3. There is a demand for money or that
carried into effect. In such a case the crime is otherconditioniscomposed,eventhough
grave threats, and the minor crime which lawful
accompanieditshouldbedisregarded.
4. Offenderhasattainedorhasnotattained
Q: What is the difference between Grave Threats hispurpose
andLightThreats?
Note:Lightthreatisinthenatureofblackmailing.The
wrong threatened does not amount to a crime,
A:
coupledwithademandformoneyorotherconditions,
GRAVETHREATS LIGHTTHREATS eventhoughlawful.
Whenthewrong
Whenthewrong
threatenedtobeinflicted
threatenedtobeinflicted
doesnotamounttoa Q: What are the two possible crimes involving
amountstoacrime.
crime.
blackmailing?
Q: What are the distinctions between threat and

A:
coercion?
1. Light threats If there is no threat to
publish any libelous or slanderous matter
againsttheoffendedparty.
209

rightorwrong
2. Threatening to publish a libel If there is
such a threat to make a slanderous or Q:Whataretheelementsofgravecoercion?
libelous publication against the offended
party. A:
1. A person prevented another from doing
E.g. A person threatens to expose the affairs of a something not prohibited by law, or that
marriedmanifthelatterdoesnotgivemoney.Thereis he compelled him to do something
intimidationdoneunderademand. againsthiswill,beitrightorwrong.

BONDSFORGOODBEHAVIOR 2. Prevention or compulsion be effected by
(Art.284) violence,threatsorintimidation.

Note: The person making the threats under the 3. Personthatrestrainedthewillandliberty
precedingarticles(graveandlightthreats)mayalsobe ofanotherhasnoauthorityoflaworthe
requiredbythecourttogivebailconditioneduponthe righttodoso.
promisenottomolestthepersonthreatened.
Note: Coercion is consummated even if the offended
OTHERLIGHTTHREATS party did not accede to the purpose of the coercion.
(Art.285) The essence of coercion is an attack on individual
liberty.
Q:WhatarethepunishableactsunderArt.285?
Q:Whencantherebegravecoercion?
A:
1. Threateninganotherwithaweapon,orby A: Grave coercion arises only if the act which the
drawingsuchweaponinaquarrel,unless offenderpreventedanothertodoisnotprohibited
it be in lawful selfdefense. Here, the bylaworordinance.
weaponmustnotbedischarged
Q:Whatarethekindsofgravecoercion?
2. Orallythreateninganother,intheheatof
anger, with some harm constituting a A:
crime, without persisting in the idea 1. Preventive The offender uses violence
involvedinhisthreat topreventthevictimfromdoingwhathe
wants to do. Here, the act prevented is
3. Anythreatmadeinajestorintheheatof notprohibitedbylaw.
angerconstituteslightthreatonly
2. Compulsive The offender uses violence
4. Orally threatening to do another any tocompeltheoffendedpartytodowhat
harmnotconstitutingafelony he does not want to do. The act
compelledmayormaynotbeprohibited
Q:Whatisthenatureofotherlightthreats? bylaw.

A: It is not subject to a demand for money or any Q: What kind of violence must be employed in
material consideration and the wrong threatened gravecoercion?
doesnotamounttoacrime.
A: The violence employed must be immediate,
GRAVECOERCIONS actual or imminent. Otherwise, coercion is not
(Art.286) committed.Theessenceofcoercionisanattackon
individualliberty.
Q: Suppose a person prohibits another to do an
A: act because the act done is a crime, and violence
1. Preventinganother,bymeansofviolence, and intimidation is employed, is there grave
threat or intimidation, from doing coercion?
somethingnotprohibitedbylaw
A: No, because the act from which a person is
2. Compelling another, by means of prevented from doing is a crime. It may only give
violence, threat or intimidation, to do rise to threat or physical injuries, if some injuries
something against his will, whether it be areinflicted.
210

CRIMINALLAWTEAM:
part of the offended party but was only

However, in case of grave coercion where the feigned.Thereisestafabecausedeceitis
offendedpartyisbeingcompelledtodosomething employed.
against his will, whether it be wrong or not, the
crimeofgravecoercioniscommittedifviolenceor COMPULSORYPURCHASEOFMERCHANDISEAND
intimidationisemployedinordertocompelhimto PAYMENTOFWAGESBYMEANSOFTOKENS
dotheact. (Art.288)

Q: What distinguishes grave coercion from unjust Q:Whatarethepunishableacts?
vexation?
A:
A: 1. Forcing or compelling, directly or
UNJUST indirectly or knowingly permitting the
GRAVECOERCION
VEXATION forcing or compelling of the laborer or
Theactofpreventingbyforce employee of the offender to purchase
Theactwas
mustbemadeatthetimethe merchandise or commodities of any kind
alreadydone
offendedpartywasdoingor fromhim.
whenviolenceis
abouttodotheacttobe
exerted.
prevented. Elements:
a. Offender is any person, agent or
LIGHTCOERCION officer of any association or
(Art.287) corporation
b. He or such firm or corporation has
Q:Whataretheelementsoflightcoercion? employedlaborersoremployees
c. He forces or compels directly or
A: indirectly,orknowinglypermitstobe
1. Offendermustbeacreditor forcedorcompelled,anyofhisorits
2. Heseizesanythingbelongingtohisdebtor laborers or employees to purchase
3. Seizure of the thing cannot be merchandise or commodities of any
accomplished by means of violence or a kind from him or said firm or
display of material force producing corporation
intimidation
4. Purpose of the offender is to apply the 2. Paying the wages due his laborer or
sametothepaymentofthedebt employee by means of tokens or objects
other than the legal tender currency of
Note:Lightcoercionunderthe1stpar.ofArt.287will the Philippines, unless expressly
be unjust vexation if the 3rd element (employing requestedbysuchlaboreroremployee.
violenceorintimidation)isabsent.

Elements:
Q: What is the purpose of the law for penalizing
a. Offender pays the wages due a
coercionandunjustvexation?
laborer or employee employed by
himbymeansoftokensorobject
A:Toenforcetheprinciplethatnopersonmaytake
b. Those tokens or objects are other
the law into his hands and that our government is
than the legal currency of the
oneoflaws,notofmen.
Philippines
c. Such employee or laborer does not

Q: When theproperty of a debtor is seized, what
expresslyrequestthathebepaidby
variantcrimesmayresult?
meansoftokensorobjects

A: Note: The use of tokens, promissory notes, vouchers,
1. Light coercion If by means of violence, coupons,oranyotherformallegedtorepresentlegal
thepropertyisappliedtothedebt. tender is absolutely prohibited even when expressly
requestedbytheemployee.
2. Robbery If the value of the property
seized is greater than that of the debt Inducinganemployeetogiveupanypartofhiswages
(intenttogainispresentinthiscase)and by force, stealth, intimidation, threat or by any other
violenceandintimidationareemployed. means is unlawful under Art. 116 of the Labor Code,
andnotundertheRPC.
3. Estafa If there is no obligation on the
211

FORMATION,MAINTENANCE,ANDPROHIBITION A:
ORCOMBINATIONOFCAPITALORLABOR ART.230 ART.290
THROUGHVIOLENCEORTHREATS(Art.289) Publicofficercomesto Offenderisaprivate
knowthesecretofany individualorevenapublic
Q:Whataretheelementsofthiscrime? privateindividualby officernotintheexercise
reasonofhisoffice. ofhisofficialfunction
A: Itisnecessarythatthe
1. Offenderemploysviolenceorthreats,ina Thesecretisnot offenderseizesthepapers
degreeastocompelorforcethelaborers necessarilycontainedin orlettersofanotherto
oremployeesinthefreelegalexerciseof papersorletters. discoverthesecretsofthe
latter.
theirindustryorwork.
Ifthereisasecret
Revealsthesecret
discovered,itisnot
2. Purpose is to organize, maintain or withoutjustifiable
necessarythatitbe
prevent coalitions of capital or labor, reason.
revealed.
strikeoflaborersorlockoutofemployers.

REVEALINGSECRETSWITHABUSEOFOFFICE
Note: The act should not be more serious offense.
(Art.291)
Preventingemployeefromjoininganyregisteredlabor
organization is punished under the Labor Code, not

undertheRPC. Q:Whataretheelementsofthiscrime?

DISCOVERINGSECRETSTHROUGHSEIZUREOF A:
CORRESPONDENCE(Art.290) 1. Offender is a manager, employee or
servant
2. He learns the secrets of his principal or
A: masterinsuchcapacity
1. Offender is a private individual or even a
public officer not in the exercise of his 3. Herevealssuchsecrets
officialfunction
2. Heseizesthepapersorlettersofanother
A: The essence of this crime is that the offender
3. Purposeistodiscoverthesecretsofsuch learnedofthesecretinthecourseofemployment.
anotherperson He is enjoying a confidential relation with the
employer or master so he should respect the
4. Offender is informed of the contents of privacyofmatterspersonaltothelatter.
thepapersorlettersseized
REVELATIONOFINDUSTRIALSECRETS
Q:Whatisthenatureofthiscrime? (Art.292)

A: This is a crime against the security of ones Q:Whataretheelementsofthiscrime?
papers and effects. The purpose must be to
discover its effects. The act violates the privacy of A:
communication. It is necessary that the offender 1. Offenderisapersonincharge,employee
shouldactuallydiscoverthecontentsoftheletter. or workman of a manufacturing or
industrialestablishment
Note: Contents of the correspondence need not be
secret.Thepurposeoftheoffenderprevails.Prejudice 2. Manufacturingorindustrialestablishment
totheoffendedpartyisnotanelementoftheoffense. has a secret of the industry which the
offenderhaslearned
It is not applicable to parents, guardians, or persons
entrusted with the custody of minors with respect to 3. Offenderrevealssuchsecrets
papers or letters of the children or minors placed
underthecareorcustody,ortospouseswithrespect 4. Prejudiceiscausedtotheowner
tothepapersorlettersofeitherofthem.
Note:Thebusinesssecretmustnotbeknowntoother
Q:Correlatearticles230(publicofficerrevealing business entities or persons. It is a matter to be
secretsofprivateindividual)and290oftheRPC? discovered, known and used by and must belong to
212

CRIMINALLAWTEAM:
onepersonofentityexclusively.Secretsmustrelateto Q: Is listening to a conversation in an extension

manufacturingprocess. lineofatelephonewiretapping?

The revelation of the secret might be made after the A:No.Anextensiontelephonecannotbeplacedin
employee or workman has ceased to be connected the same category as a dictaphone, dictagraph or
with the establishment. Damage or prejudice to the the other devices under R.A. No. 4200 as the use
ownerisanecessaryelement. thereofcannotbeconsideredas"tapping"thewire

or cable of a telephone line. (Gaanan v. IAC, G.R.
A.AntiWireTappingAct(R.A.4200)
No.L69809,Oct.16,1986)

Q:WhataretheactspunishableunderR.A.4200?
Q: Are cassette tapes obtained from wiretapped
telephoneconversationsadmissibleasevidence?
A:Itshallbeunlawfulforanyperson:

1. Notbeingauthorizedbyallthepartiesto
A: No. Under the law, absent a clear showing that
any private communication or spoken
bothpartiestothetelephoneconversationallowed
word,totapanywireorcable,orbyusing
therecordingofthesame,theinadmissibilityofthe
any other device or arrangement, to
subject tapes is mandatory under RA 4200.
secretly overhear, intercept, or record
(SalcedoOrtanez v. CA, G.R. No. 110662, Aug. 4,
such communication or spoken word by
1994)
using a device commonly known as a

dictaphone or dictagraph or
B.HumanSecurityActof2007(R.A.9372)
detectaphone or walkietalkie or tape

recorder,orhoweverotherwisedescribed
(1)Surveillanceofsuspectsandinterceptionand

recordingofcommunications
2. Be he a participant or not in the act or
acts penalized in the next preceding
sentence, to knowingly possess any tape Q:Canapoliceofficerorlawenforcementofficial
record, wire record, disc record, or any listen or record any communication of a terrorist
other such record, or copies thereof, of organizationofgroupofpersons?
any communication or spoken word
secured either before or after the A:
effective date of this Act in the manner GR: Yes. A police or police or law enforcement
prohibited by this law; or to replay the officialandthemembersofhisteammay,upon
sameforanyotherpersonorpersons;or a written order of the CA, listen to, intercept
to communicate the contents thereof, and record with the use of any mode, form ,
eitherverballyorinwriting,ortofurnish kind or type of electronic or other surveillance
transcriptions thereof, whether complete equipmentorinterceptingandtrackingdevices,
orpartial,toanyotherperson. orwiththeuseofanysuitablewaysandmeans
forthatpurpose,anycommunication,message,
Note: That the use of such record or any conversation, discussion, or spoken or written
copies thereof as evidence in any civil, words between members of a judicially
criminal investigation or trial of offenses declared and outlawed terrorist organization,
mentioned in Sec. 3 hereof, shall not be association, or group of persons or of any
coveredbythisprohibition. person charged with or suspected of the crime
ofterrorismorconspiracytocommitterrorism.
Q:Whataretheexceptionstotheprohibition?
Notwithstanding R.A. 4200 (AntiWiretapping
A:Ifthewiretappingisdonebyapublicofficerwho Law)
isauthorizedbywrittenorderofthecourtincases
involving the crimes of treason, espionage, XPN: He cannot conduct surveillance,
provokingwaranddisloyaltyincaseofwar,piracy, interception and recording of communications
mutiny in the high seas, rebellion, conspiracy and between:
proposal to commit rebellion, inciting to rebellion, 1. Lawyersandclients
sedition, conspiracy to commit sedition, inciting to 2. Doctorsandpatients
sedition, kidnapping as defined by the RPC, and 3. Journalistsandtheirsources
violationsofC.A.No.616,punishingespionageand 4. Confidential business
otheroffensesagainstnationalsecurity. correspondence.(Sec.7)

213

(2)Restrictionontravel his/herteamdulyauthorizedinwritingby
theantiterrorismcouncilto:
Q:Whenisthererestrictionontherighttotravel?
a. Examine, or cause the examination
A: The court, upon application by the prosecutor, of, the deposits, placements, trust
shall limit the right of travel of the accused to accounts, assets and records in a
within the municipality or city where he resides or bankorfinancialinstitution;and
where the case is pending, in the interest of
nationalsecurityandpublicsafety. b. Gatherorcausethegatheringofany
relevant information about such
1. In cases where evidence of guilt is not deposits,placements,trustaccounts,
strong. assets, and records from a bank or
2. The person charged with the crime of financial institution. The bank or
terrorism or conspiracy to commit financial institution concerned, shall
terrorismisentitledtobailandisgranted notrefusetoallowsuchexamination
thesame. or to provide the desired
information, when so, ordered by
Note: Travel outside of said municipality or city, andservedwiththewrittenorderof
without the authorization of the court, shall be theCA.(Sec.27)
deemedaviolationofthetermsandconditionsofhis
bail, which shall then be forfeited as provided under Q: What are the requisites for the application to
theRulesofCourt.(Sec.26) examinebankdeposits,accountsandrecords?

Q:Whenwilltherestrictionsbeterminated? A:
1. Ex parte application to the CA by the
A:Therestrictionsshallbeterminated: policeorlawenforcementofficial

1. Upontheacquittaloftheaccused;or 2. The police of law enforcement official
2. Upon the dismissal of the case filed mustbeauthorizedinwritingbytheAnti
againsthim;or TerrorismCounciltofilesuchapplication
3. Earlieruponthediscretionofthecourton
motion of the prosecutor or of the 3. Examinationunderoathoraffirmationof
accused. the applicant and the witnesses he may
produce to establish the facts that will
(3)ExaminationofBankDeposits justifytheneedandurgencyofexamining
and freezing the bank deposits,
Q: Is judicial authorization required to examine placements, trust accounts, assets and
bankdeposits,accountsandrecord? records.(Sec.28)

A: Yes. Notwithstanding R.A. 1405 (Bank Secrecy Q: How long shall the court authorization to
Law),thejusticesoftheCAdesignatedasaspecial examineandobtaininformationonbankdeposits,
courttohandleantiterrorismcasesaftersatisfying accountsandrecordsbeeffective?
themselvesoftheexistenceofprobablecauseina
hearingcalledforthatpurposethat: A:
1. Thetimespecifiedinthewrittenorderof
1. A person charged with or suspected of the CA, which shall not exceed 30 days
the crime of terrorism or, conspiracy to from the date of receipt of the written
committerrorism orderbytheapplicantpolice.

2. Of a judicially declared and outlawed 2. It may be extended for another period
terrorist organization, association, or which shall not exceed 30 days from the
groupofpersons expiration of the original period,
provided:
3. Suchpersonisamemberofsuchjudicially a. The authorizing division of the CA is
declared and outlawed organization, satisfiedthatsuchextensionisinthe
association, or group of persons, may publicinterest
authorize in writing any police or law b. The application for extension or
enforcement officer and the members of renewal must have been authorized
214

CRIMINALLAWTEAM:
in writing by the AntiTerrorism

Council A: Any information, data, excerpts, summaries,
c. Such must be filed by the original notes, memoranda, work sheets, reports, or
applicant. documents acquired from the examination of the
bank deposits, placements, trust accounts, assets
Q: In case of death or disability of the original and records shall absolutely not be admissible or
applicant who should file the application for usable asevidence against anybody in any judicial,
examinationofbankdeposits? quasijudicial, legislative, or administrative
investigation, inquiry, proceeding or hearing. (Sec.
A: The one next in rank to the original applicant 35)
among the members of his team shall file the
applicationforextension. (4)Unauthorizedrevelationofclassifiedmaterials

The applicant shall have 30 days after the Q:Whatareclassifiedinformation?
terminationoftheperiodgrantedbytheCAwithin
which to file the appropriated case before the A:Thefollowingareclassifiedinformation:
Public Prosecutors Office for any violation of R.A.
9372. If no case is filed within the said period, the 1. Written order granted by the authorizing
applicant shall immediately notify in writing the divisionoftheCourtofAppeals
person subject of the bank examination and 2. Order of the Court of Appeals, if any to
freezingofaccounts. extendorrenewthesame
3. The original ex parte application of the
Q: What shall be done after the expiration of the applicant
periodofauthorization? 4. Applicationtoextendorrenew,ifany
5. The written authorizations of the Anti
A: All information, data, excerpts, summaries and TerrorismCouncil.
otherdocumentsobtainedfromtheexaminationof 6. The sealed envelope or sealed package
the bank deposits, shall within 48 hours after the and the contents thereof, which are
expiration of the period fixed in the written order depositedwiththeauthorizingdivisionof
bedepositedwiththeauthorizingdivisionoftheCA theCourtofAppeals
inasealedenvelopeofpackage.(Sec.31)
Q: What is the penalty for the unauthorized
The sealed envelope or package shall not be revelationofclassifiedmaterials?
opened and its contents shall not be used as
evidenceunlessauthorizedinawrittenorderofthe A:Thepenaltyof10yearsand1dayto12yearsof
authorizingdivisionofCA.(Sec.33) imprisonment shall be imposed upon any person,
policeorlawenforcementagent,judicialofficeror
Q: What are the requisites inapplying for judicial civilservantwho,notbeingauthorizedbytheCourt
authorization to open the sealed envelope ofAppealstodoso,revealsinanymannerorform
containingrecordsofbankaccount: anyclassifiedinformationunderthisAct.

A: C.AntiTraffickinginPersonsActof2003
1. Written application of DOJ filed before (R.A.9208)
theauthorizingdivisionofCA
Q:WhatarethepunishableactsunderR.A.9208?
2. Authorization in writing by the Anti
TerrorismCounciltofilesuchapplication
A: It shall be unlawful for any person, natural or

juridical,tocommitanyofthefollowingacts:
3. Notice in writing to the party concerned
not later than 3 days before the
scheduledopening 1. To recruit, transport, transfer; harbor,
provide, or receive a person by any
4. The application and notice must clearly means, including those done under the
statethereasonforopeningorusingthe pretext of domestic or overseas
information. employment or training or
apprenticeship, for the purpose of
Q:Whatistheevidentiaryvalueofdepositedbank prostitution, pornography, sexual
materials? exploitation, forced labor, slavery,
involuntaryservitudeordebtbondage
215

2. To introduce or match for money, profit,
or material, economic or other
consideration,anypersonor,asprovided
for under Republic Act No. 6955, any
Filipino woman to a foreign national, for
marriage for the purpose of acquiring,
buying, offering, selling or trading
him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debtbondage
3. To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them
to engage in prostitution, pornography,
sexual exploitation, forced labor or
slavery, involuntary servitude or debt
bondage
4. Toundertakeororganizetoursandtravel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution,
pornographyorsexualexploitation
5. Tomaintainorhireapersontoengagein
prostitutionorpornography
6. To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debtbondage
7. To recruit, hire, adopt, transport or
abduct a person, by means of threat or
use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose
of removal or sale of organs of said
person
8. To recruit, transport or adopt a child to
engage in armed activities in the
Philippinesorabroad.(Sec.4)
216

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Property
X.CRIMESAGAINSTPROPERTY(293332) propertytakendoesnotbelongtotheaccused.

ROBBERY XPN:IfthecrimeisRobberywithHomicide
(Art.293)
Q:Whatisthemeaningofunlawfultaking?
Q:Whatisrobbery?
A: It means appropriating a thing belonging to
A:Itisthetakingofpersonalpropertybelongingto another and placing it under ones control and
another, with intent to gain, by means of violence possession.
againstorintimidationofanypersonorusingforce
uponanything. Q:Whenisunlawfultakingcomplete?

Q:Whataretheclassesofrobbery? A:
1. As to robbery with violence against or
A: intimidation of persons from the
1. Robbery with violence against, or momenttheoffendergainspossessionof
intimidationofpersons(Art.294,297and the thing even if the culprit has had no
298) opportunity to dispose of the same, the
unlawfultakingiscomplete
2. Robbery by the use of force upon things
(Art.299and302) 2. Astorobberywithforceuponthingsthe
thing must be taken out of the
Q:Whataretheelementsofrobberyingeneral? building/premises to consummate the
crime
A:
1. There is personal property belonging to Note: There must be incontrovertible proof that
another propertywastakenfromthevictim.
2. Thereisunlawfultakingofthatproperty
3. Takingmustbewithintenttogain Q:Whatisthepresumptionofintenttogain?
4. There is violence against or intimidation
ofanypersonorforceuponanything A:Unlawfultakingofpersonalproperty.

Note: Where violence or intimidation and force upon Note: The element of personal property belonging to
things are both present in the commission of the anotherandthatofintenttogainmustconcur.
robbery,theviolenceorintimidationisthecontrolling
element. Ratio: Robbery characterized by violence or Q:Whenshouldviolenceandintimidationoccur?
intimidation against the person is evidently graver
than ordinary robbery committed by force upon A:Violenceorintimidationmustbepresentbefore
things. the taking of personal property is complete. But
whenviolenceresultsinhomicide,rapeintentional
Violence or intimidation upon persons may result in mutilation or any of the serious physical injuries
deathormutilationorrapeorseriousphysicalinjuries. penalizedunderPars.1and2ofArt263,thetaking
ofthepersonalpropertyisrobberycomplexedwith
Robberies committed in different houses constitute
any of those crimes under Art. 294, even if the
separate crimes of robbery. But if the robberies are
takingwasalreadycompletewhentheviolencewas
committed upon different victims on the same
occasion and in the same place only one robbery is
usedbytheoffender.
committed as the robberies are mere incidents of a
singlecriminalintent. Note: Article 294 applies only where robbery with
violenceagainstorintimidationofpersonstakesplace
Q: Should the person from whom the property without entering an inhabited house under the
circumstances in Article 299. When both
wastakenbetheownerofsuch?
circumstances are present, the offense shall be
considered as complex crime under Art.48 and the

A:No.Legalpossessionissufficient penaltyshallbeforthegraveroffenseinthemaximum
period.(Napolisv.CA,G.R.No.L28865,Feb.28,1972)
Q:Istheidentityofrealowneressential?
Q:Whatdistinguishesrobberywithviolencefrom
A: gravethreatsandgravecoercion?
GR: It is not essential so long as the personal
217

A: 5. If the violence or intimidation employed
ROBBERY in the commission of the robbery is
GRAVE
WITH GRAVECOERCION carried to a degree clearly unnecessary
THREATS
VIOLENCE forthecommissionofthecrime.
Thereisintent Nointentto
Nointenttogain
togain gain 6. When in the course of its execution, the
Intimidationis offender shall have inflicted upon any
Promises immediateand person not responsible for the
Intimidation;
somefuture offendedpartyis commission of the robbery any of the
Immediate
harmor compelledtodo physicalinjuriesinconsequenceofwhich
harm
injury somethingagainst
thepersoninjured:
hiswill.
a. Becomesdeformed

b. Losesanyothermemberofhisbody
Q:Distinguishrobberyfrombribery.
c. Losestheusethereof

d. Becomes ill or incapacitated for the
A:
performanceoftheworkinwhichhe
ROBBERY BRIBERY is habitually engaged for more than
Thevictimisdeprivedofhis Hepartswithhis 90days
money,propertybyforceor money,inasense, e. Becomesillorincapacitatedforlabor
intimidation voluntarily formorethan30days

ROBBERYWITHVIOLENCEAGAINSTOR 7. If the violence employed by the offender
INTIMIDATIONOFPERSONS doesnotcauseanyoftheseriousphysical
(Art.294) injuries defined in Art.263, or if the
offenderemploysintimidationonly.
Q:WhatarethepunishableactsunderArt.294?
ROBBERYWITHHOMICIDE
A: (PAR.1)
1. When by reason or on occasion of the
robbery the crime of homicide is Q:Whatisrobberywithhomicide?
committed
A:Ifdeathresultsorevenaccompaniesarobbery,
2. Whentherobberyisaccompaniedby: the crime will be robbery with homicide provided
a. Rape that the robbery and the homicide are
b. Intentionalmutilation consummated.
c. Arson
The crime of robbery with homicide is a special
3. When by reason or on occasion of such complex crime or a single indivisible crime. All the
robbery, any of the physical injuries killings are merged in the composite integrated
resultingin: whole that is, robbery with homicide. The killings
a. Insanity must have been perpetrated by reason or on the
b. Imbecility occasionofrobbery.
c. Impotency
d. Blindnessisinflicted As long as the homicide resulted, during, or
because of the robbery, even if the killing is by
4. When by reason or on occasion of mere accident, robbery with homicide is
robbery, any of the physical injuries committed.
resultinginthe:
a. Lossoftheuseofspeech Ifasidefromhomicide,rapeorphysicalinjuriesare
b. Lossofthepowertohearortosmell alsocommittedbyreasonorontheoccasionofthe
c. Lossofaneye,ahand,afoot,anarm robbery, the rape or physical injuries are
oraleg considered aggravating circumstances in the crime
d. Loss of the use of any of such ofrobberywithhomicide.
member
e. Incapacity for the work in which the Whenever a homicide has been made a
injured person is theretofore consequenceoforontheoccasionofarobbery,all
habituallyengagedisinflicted thosewhotookpartasprincipalsinthecommission
of the crime will also be guilty as principals in the
218

CRIMINALLAWTEAM:
special complex crime of robbery with homicide Q:IfwhatAdidintheaboveexamplewastofire

although they did not actually take part in the his gun upward to scare B from pursuing the
homicide unless it clearly appeared that they lattersintentiontorecoverthewatch,andfatally
endeavoredtopreventthehomicide. hitCwhowaswatchingfromhiswindow.Whatis
thecrimecommitted?
Note:Thetermhomicideisusedinthegenericsense;
itembracesallformsofkilling. A:Evenifthekillingismerelyincidental,thecrime
isstillrobberywithhomicide.Thecrimeofrobbery
Q:Shouldtherebeintenttokill? with homicide requires proof of the following
elements:
A: In robbery with homicide, the law does not
requirethatthehomicidebecommittedwithintent 1. The taking of personal property with
to kill, the crime exists even though there is no violenceorintimidationagainstpersons
intentiontocommithomicide. 2. Thepropertytakenbelongstoanother
3. Thetakingwasdonewithanimolucrandi
Q: Should intent to commit robbery precede the 4. On the occasion of the robbery or by
killing? reasonthereof,homicidewascommitted.

A: Yes. The offender must have the intent to take Wellentrenched in jurisprudence is the doctrine
personalpropertybeforethekilling. that when homicide takes place as a consequence
orontheoccasionofarobbery,allthosewhotook
Q: Suppose the victims were killed, not for the part in the robbery are guilty as principals in the
purpose of committing robbery and the idea of complex crime of robbery with homicide, even if
taking the money and other personal property of theydidnotactuallytakepartinthehomicide.The
the victims was conceived by the culprits only exception is when it is clearly shown that the
after killing; is this a case of robbery with accusedendeavoredtopreventtheunlawfulkilling.
homicide?
In the case at bar, the lack of direct evidence on
A:No,becausetheintentionoftheperpetratorsis how the homicides were committed matters little.
reallytokillthevictimandrobberycameonlyasan The circumstantial evidence leaves scant doubt on
afterthought. The perpetrators are liable for two the part and participation of the appellants. The
separate crimes of robbery and homicide or wellsettledruleisthataslongashomicideresulted
murder,asthecasemaybe. during, or because of, the robbery, even if the
killing is by mere accident, the crime of robbery
Note: There is no crime of robbery in band with withhomicideiscommitted.
murder or robbery with homicide in band or robbery
withmultiplehomicides. As we repeatedly explain, it is enough that death
resultsbyreasonorontheoccasionoftherobbery
If on the occasion of the robbery with homicide, inasmuch as it is only the result obtained that is
robbery with force upon things was also committed,
necessary, without reference or distinction as to
youwillnothaveonlyonerobberybutyouwillhavea
the circumstances, causes, modes, or persons
complex crime of robbery with homicide androbbery
withforceuponthings
interveninginthecommissionofthecrime.(People
v.Bolinget,G.R.Nos.13794952,Dec.11,2003)
Ratio: Robbery with violence or intimidation upon
persons is a separate crime from robbery with force Q: Is there a crime of robbery with multiple
uponthings. homicide?

In robbery with homicide, the band or uninhabited A: There is no crime of robbery with multiple
placeisonlyagenericaggravatingcircumstance.Itwill homicideundertheRPC.Thecrimeisrobberywith
notqualifythecrimetoahigherdegreeofpenalty. homicidenotwithstandingthenumberofhomicides
committedontheoccasionoftherobberyandeven
Q:A,ahiredassassin,shotB,andwhenaboutto if murder, physical injuries and rape were also
leave the scene, saw the watch of B and forcibly committedonthesameoccasion.(Peoplev.Hijada,
took the same.A, with a gun in his hand, shot to G.R.No.123696,Mar.11,2004)
death B, who was trying to get back the watch.
Whatcrimewascommitted? Q:JervisandMarlonaskedtheirfriend,Jonathan,
to help them rob a bank. Jervis and Marlon went
A:Robberywithhomicide. insidethebank,butwereunabletogetanymoney

219

fromthevaultbecausethesamewasprotectedby where she was ordered to undress and although she
a timedelay mechanism. They contented was able to run away, was chased and caught, and
themselves with the customers' cellphones and a thereafter raped by all of the accused, the latter
total of P5,000 in cash. After they dashed out of committed robbery with rape. (People v. Villagracia,
thebankandrushedintothecar,Jonathanpulled 226SCRA374)
thecaroutofthecurb,hittingapedestrianwhich
resulted in the latter's death. What crime or However,ifthe2crimeswereseparatedbothbytime
andspace,thereisnocomplexcrimeofRobberywith
crimesdidJervis,MarlonandJonathancommit?
Rape.

A: Assuming the acts were attended by the use of
Q: Together XA, YB and ZC planned to rob Miss
force and intimidation in robbing the bank,
OD. They entered her house by breaking one of
Jonathan,MarlonandJerviscommittedthespecial
the windows in her house. After taking her
complex crime of attempted robbery with homi
personal properties and as they were about to
cide. The subsequent running over of the
leave, XA decided on impulse to rape OD. As XA
pedestrian in the course of their escape was by
was molesting her, YB and ZC stood outside the
reason or on occasion of the robbery, therebv
door of her bedroom and did nothing to prevent
qualifying the crime as attempted robbery with
XAfromrapingOD.WhatcrimeorcrimesdidXA,
homicide. Having acted in conspiracy with Jervis
YB and ZC commit, and what is the criminal
and Marlon, Jonathan should also be charged with
liabilityofeach?
attemptedrobberywithhomicide.

A: The crime committed by XA, YB and ZC is the
Ontheotherhand,thetakingofthecellphonesand
composite crime of robbery with rape, a single,
P5,000.00fromthecustomersaretheseparateacts
indivisibleoffenseunderArt.294(1)oftheRPC.
of Jervis and Marlon, and do not involve Jonathan

asitwasnotpartoftheiroriginalagreement.Jervis
Although the conspiracy among the offenders was
andMarlonshouldbechargedforthecrimeofrob
onlytocommitrobberyandonlyXArapedCD,the
bery.
otherrobbers,YBandZC,werepresentandaware

of the rape being committed by their co
ROBBERYWITHRAPE
conspirator. Having done nothing to stop XA from
(PAR.2)
committingtherape,YBandZCtherebyconcurred

in the commission of the rape by their co
Q:Whatisthecrimeofrobberywithrape?
conspiratorXA.

A:Thecrimeofrobberywithrapeisacrimeagainst
The criminal liability of all, XA, YB and ZC, shall be
property which is a single indivisible offense. The
thesame,asprincipalsinthespecialcomplexcrime
rapeaccompaniestherobbery.Inthiscasewhere
of robbery with rape which is a single, indivisible
rapeandnothomicideiscommitted,thereisonlya
offensewheretherapeaccompanyingtherobbery
crimeofrobberywithrapeifboththerobberyand
isjustacomponent.(2004BarQuestion)
therapeareconsummated.

ROBBERYWITHPHYSICALINJURIES
If during the robbery, attempted rape were

committed, two separate crimes of robbery and
Q:Shouldthephysicalinjuriesbeserious?
attemptedrapewouldbecommitted.

A: Yes, to be considered as such, the physical
Q: Does the criminal intent to gain precede the
injuriesmustalwaysbeserious.
intenttorape?

Ifthephysicalinjuriesareonlylessseriousorslight,
A: Yes. The law does not distinguish whether rape
they are absorbed in the robbery. The crime
wascommittedbefore,duringoraftertherobbery.
becomes merely robbery. But if the less serious
It is enough that the robbery accompanied the
physicalinjurieswerecommittedaftertherobbery
rape. Robbery must not be a mere accident or
was already consummated, there would be a
afterthought.
separate charge for the less serious physical

injuries.Itwillonlybeabsorbedintherobberyifit
Illustration:

was inflicted in the course of the execution of the
Where 6 accused entered the house of the offended robbery. The same is true in the case of slight
party, brandishing firearms and knives and after physicalinjuries.
ransackingthehouseformoneyandjewelry,brought
theoffendedpartyoutofthehousetoagrassyplace
220

CRIMINALLAWTEAM:
Q: Suppose a gang robbed a mansion in Forbes Note: But where there is no violence exerted to
Park. On the occasion of the robbery, physical accomplishthesnatching,thecrimecommittedisnot
injurieswereinflictedonthehouseholdmembers. robberybutsimpletheft.
The robbers also detained the children to compel
their parents to come out with the money. What There is sufficient intimidation where the acts of the
crime/sis/arecommittedbytherobbers? offender inspired fear upon the victim although the
accusedwasnotarmed.

A: The detention was a necessary means to
Illustration:
facilitate the robbery. Thus, the offenders will be
1. Snatching money from the hands of the
held liable for the complex crimes of robbery with victim and pushing her as a result of which
serious physical injuries and serious illegal her skirt was torn and she fell on the
detention. ground;
2. Grabbing a pawnshop ticket and
But if the victims were detained because of the intimidatingthevictimwitharevolver
timelyarrivalofthepolice,suchthattheoffenders
hadnochoicebuttodetainthevictimsashostages ROBBERYWITHPHYSICALINJURIES,COMMITTED
inexchangefortheirsafepassage,thedetentionis INANUNINHABITEDPLACEANDBYABAND,OR
absorbedbythecrimeofrobberyandisnottreated WITHTHEUSEOFFIREARMONASTREET,ROAD
asaseparatecrime. ORALLEY(ART.295)

ROBBERYWITHARSON Q: What are the qualifying circumstances of this
(R.A.7659) crime?

Q:Howisthiscrimecommitted? A:Ifcommitted:
1. Inanuninhabitedplace
A:Thecompositecrimewouldonlybecommittedif
the primordial intent of the offender is to commit 2. Byaband
robbery and there is no killing, rape, or intentional
mutilation committed by the offender during the 3. By attacking a moving train, street car,
robbery. Otherwise, the crime would be robbery motorvehicle,orairship
with homicide, or robbery with rape, or robbery
with intentional mutilation, in that order and the 4. By entering the passengers
arsonwouldonlybeanaggravatingcircumstance. compartments in a train, or in any
manner taking the passengers thereof by
Q:Shouldrobberyprecedearson? surpriseintherespectiveconveyances

A: Yes, it is essential that robbery precedes the 5. On a street, road, highway, or alley, and
arson, as in the case of rape and intentional the intimidation is made with the use of
mutilation,becausetheamendmentincludedarson firearms, the offender shall be punished
among the rape and intentional mutilation which by the maximum periods of the proper
haveaccompaniedtherobbery. penaltiesprescribedinArt.294

Note: Arson has been made a component only of ROBBERYCOMMITTEDBYABAND
robbery with violence against or intimidation of (Art.296)
persons but not of robbery by the use of force upon
things. Q:Whenisrobberycommittedbyaband?

Hence, if the robbery was by the use of force upon
A: When at least 4 armed malefactors take part in
things and therewith arson was committed, two
distinctcrimesarecommitted.
the commission of a robbery, it is deemed
committedbyaband.
OTHERCASESOFSIMPLEROBBERY
Note: If any arm used be unlicensed firearm, the
(Par.5)
penaltyimposeduponallthemalefactorsshallbethe
maximum of the corresponding penalty provided by

Q:Howisthiscrimecommitted? law, without prejudice to the criminal liability for
illegal possession of such firearms. This is a special
A: Any kind of robbery with less serious physical aggravating circumstance applicable only in a case of
injuries or slight physical injuries fall under this robberyinband.
specieofrobbery.
221

Any member of the band who was present at the A:
commission of a robbery by the band, shall be 1.Offender entered an inhabited house, or
punishedasprincipalofanyoftheassaultscommitted public building, or edifice devoted to
bytheband,unlessitbeshownthatheattemptedto religiousworship.
preventthesame.
2. Entrance was effected by any of the
In robbery by a band, proof of conspiracy is n not followingmeans:
required.
a. Throughanopeningnotintendedfor

entranceoregress;
ATTEMPTEDANDFRUSTRATEDROBBERY
b. Bybreakinganywall,roof,orflooror
COMMITTEDUNDERCERTAINCIRCUMSTANCES
breakinganydoororwindow;
(Art.297)
c. By using false keys, picklocks or

similartools,or
Q:Wheredoesthisarticleapply?
d. By using any fictitious name or

pretending the exercise of public
A: It applies when homicide is committed on the
authority.
occasionofanattemptedorfrustratedrobbery.

3. Once inside the building, the offender
Note:Thetermhomicideisusedinagenericsense.It
took personal property belonging to
includesmurder,parricideandinfanticide.
anotherwithintenttogain.

EXECUTIONOFDEEDSBYMEANSOFVIOLENCE
Q:Definethefollowing:
ORINTIMIDATION(Art.298)
1. Forceuponthings

2. Inhabitedhouse
3. Publicbuilding

4. Dependencies
A:
5. Falsekeys
1. Offenderhasintenttodefraudanother

2. Offendercompelshimtosign,execute,or
A:
deliver any public instrument or
1. Forceuponthingsrequiressomeelement
document
of trespass into the establishment where
3. Compulsion is by means of violence or
the robbery was committed; e.g. the
intimidation
offendermusthaveenteredthepremises

Note: Applies even if the document signed, executed
wheretherobberywascommitted.
ordeliveredisaprivateorcommercialdocument.
Note:Ifnoentrywaseffected,eventhough
Q: What distinguishes execution of deeds by force may have been employed actually in
the taking of the property from within the
meansofviolenceorintimidationandcoercion?
premises,thecrimewillonlybetheft.

A:
2. Inhabited house refers to any shelter,
EXECUTIONOF
GRAVECOERCION shiporvesselconstitutingthedwellingof
DEEDS
one or more persons even though the
Thereisanintentto
Nointenttogain inhabitants thereof are temporarily
gain
Fearisproducedinthemindof absent therefrom when the robbery is
Fearisproducedby committed.
theoffendedpartyinorderto
threateningto
obtainsomethingfromhimby
causeanevilor 3. Publicbuildingeverybuildingownedby
threateningtocausehiman
damagewhichis theGovernmentorbelongingtoaprivate
evilordamagewhichisnot
immediate person but used or rented by the
immediatebutremote
Government, although temporarily
ROBBERYINANINHABITEDHOUSEORPUBLIC unoccupiedbythesame.
BUILDINGOREDIFICEDEVOTEDTOWORSHIP
(Art.299) 4. Dependenciesallinteriorcourts,corrals,
warehouses, granaries, barns, coach
st
Q: What are the elements of the 1 kind of houses,stables,orotherdepartments,or
robberywithforceuponthingsunderArt.299? enclosed interior entrance connected
therewith and which form part of the
whole.Orchardsandotherlandsusedfor
222

CRIMINALLAWTEAM:
cultivation or production are not ROBBERYINANUNINHABITEDPLACEANDBYA

included,evenifclosed,contiguoustothe BAND(Art.300)
building, and having direct connection
therewith. Note: Robbery with force upon things (Art. 299), in
order to be qualified, must be committed in an
Requisites: uninhabited place and by a band (Art. 300) while
a. Itmustbecontiguoustothebuilding robbery with violence against or intimidation of
b. It must have an interior entrance personsmustbecommittedinanuninhabitedplaceor
connectedtherewith byaband(Art.295).
c. Itmustformpartofthewhole
Q:Whatisanuninhabitedplace?
Illustration:
A: Uninhabited place is one where there are no
Asmallstorelocatedonthegroundfloorof housesatall,oraconsiderabledistancefromtown,
ahouseisadependencyofthehouse,there or where the houses are scattered at a great
being no partition between the store and distance from each other. It also means
the house, and in going to the main uninhabitedhouseorbuilding.
stairway, one has to enter the store which
hasadoor.(U.S.vs.Ventura,39Phil.523)
ROBBERYINANUNINHABITEDPLACEORINA

PRIVATEBUILDING(Art.302)
5. Falsekeysgenuinekeysstolenfromthe

owner or any keys other than those
intendedbytheownerforuseinthelock

forciblyopenedbytheoffender.
A:

1. Offenderenteredanuninhabitedplaceor
Note:Falsekeyorpicklockmustbeusedto
a building which was not a dwelling
enterthebuilding.Itisonlytheftwhenthe
falsekeyisusedtoopenwardrobeorlocked
house, not a public building, or not an
receptacleordrawerorinsidedoor. edificedevotedtoreligiousworship.

Q: What are the elements of the 2nd kind of 2. Any of the following circumstances was
robberywithforceuponthingsunderArt.299? present:
a. Entrance was effected through an
A: openingnotintendedforentranceor
1. Offenderisinsideadwellinghouse,public egress
building or edifice devoted to religious
worship, regardless of circumstances Note: If the entrance was made
through the door which was open, or
underwhichheenteredit
closed but unlocked, and not through

the window, the person who took
2. Offender takes personal property personalpropertyfromthehousewith
belongingtoanother,withintenttogain, intenttogainisguiltyonlyoftheftand
underanyofthefollowingcircumstances: not robbery. Where an opening
createdbytheaccidentalbumpingofa
a. Bythebreakingofdoors,wardrobes, vehicle in the stores wall was made
chests,oranyotherkindoflockedor the entrance of the malefactor, the
sealed furniture or receptacle, or taking of the personal property inside
door. the store is robbery and not theft
because the hole is not intended for
Note: Door refers only to doors, lids entranceoregress.
or opening sheets of furniture or
other portable receptacles, not to b. Wall, roof, floor, or outside door or
insidedoorsofhouseorbuilding. windowwasbroken,

b. By taking such furniture or objects Note: Like Robbery in an inhabited
away to be broken or forced open house,thebreakingshouldbemadein
outsidetheplaceoftherobbery. order to effect the entrance into the
place.Soifthewall,roof,flooretc.was
Note: It is estafa or theft, if the locked or sealed broken in the course of escaping, the
receptacleisnotforcedopeninthebuildingwhereitis actcommittedisnotRobbery.
keptortakentherefromtobebrokenoutside.
223

c. Entrance was effected through the 2. Such picklocks or similar tools are
use of false keys, picklocks or other specially adopted to the commission of
similartools robbery.
3. Offender does not have lawful cause for
d. Door,wardrobe,chest,oranysealed suchpossession.
orclosedfurnitureorreceptaclewas
broken FALSEKEYS
(Art.305)
e. Closed or sealed receptacle was
removed,evenifthesamebebroken Q:Whatdofalsekeysinclude?
openelsewhere
A:Falsekeysinclude:
Note:Underlettersdande,therobber 1. Picklocksorsimilartools
did not enter through a window or 2. Genuinekeysstolenfromtheowner
effected entrance by breaking the 3. Anykeyotherthanthoseintendedbythe
floor, door, wall, etc., otherwise these ownerforuseinthelockforciblyopened
circumstances by themselves already bytheoffender.
make the act as that of robbery. In
these 2 letters, the robbers entered Note: Possession of false keys in pars. 2 and 3 above
through the door, and once inside, are not punishable. If the key was entrusted to the
broke wardrobe, sealed or close offenderandheusedittosteal,crimeisnotrobbery
receptaclesetc.,ortookawayclosedor buttheft.
sealed receptacle to be broken
elsewhere. BRIGANDAGE

(Art.306)
It must be taken note of, that the

entrance by using any fictitious name
or pretending the exercise of public
Q:Whatisbrigandage?
authority is not among those
mentioned in Art. 302 because the A:Brigandageiscommittedbymorethan3armed
place is uninhabited and therefore persons who form a band of robbers for the
without person present. Likewise, in purpose of committing robbery in the highway or
the class of Robbery, the penalty kidnappingpersonsforthepurposeofextortionor
depends on the amount taken to obtain ransom, or for any other purpose to be
disregarding the circumstance of attainedbymeansofforceandviolence.
whethertherobbersarearmedornot
as in the case of Robbery in Inhabited Q:Whatistheessenceofbrigandage?
Place.
A: Brigandage is a crime of depredation wherein
3. With intent to gain, the offender took the unlawful acts are directed not only against
therefrompersonalpropertybelongingto specific, intended or preconceived victims, but
another. againstanyandallprospectivevictimsanywhereon
thehighwayandwhoevertheymaypotentiallybe.
ROBBERYOFCEREALS,FRUITS,ORFIREWOODIN
ANUNINHABITEDPLACEORPRIVATEBUILDING Q: What are the distinctions between robbery in
(Art.303) bandandbrigandageunderArt.306?

Note: The palay must be kept by the owner as A:
seedlingortakenforthatpurposebytherobbers. ROBBERYBYA BRIGANDAGEUNDER
BAND ART.306
POSSESSIONOFPICKLOCKSORSIMILARTOOLS Purposeistocommitrobberyin
(Art.304) Purposeisto
highway;ortokidnapaperson
commitrobbery
forransomoranyother
notnecessarilyin
Q:Whataretheelementsofthiscrime? purposeattainedbyforceand
highways.
violence
A: Actualcommission
1. Offender has in his possession picklocks ofrobberyis Mereformationispunished.
orsimilartools. necessary.

224

CRIMINALLAWTEAM:
PD532MODIFIEDARTICLES306AND307
2. Thosewhohavingfoundlostproperty,fail
Q:WhatishighwayrobberyunderP.D.532? to deliver the same to the local
authoritiesortoitsowner.
A:Highwayrobberyorbrigandageistheseizurefor
ransom, extortion or other unlawful purposes or Note:Lostpropertyincludesstolenproperty
thetakingawayofpropertyofanotherbymeansof so that the accused who found a stolen
violence against or other unlawful means, horseisliableifhefailstodeliverthesame
committed by any person on any Philippine totheownerortotheauthoritiessincethe
Highway. term lost is generic in nature and
embraceslossbystealingorbyanyactofa
Any person who aids or protects highway robbers person other than the owner as well as by
the act of the owner himself through same
or abets the commission of highway robbery or
casual occurrence. (People v. Rodrigo, G.R.
brigandageshallbeconsideredasanaccomplice.
No.L18507,Mar.31,1966)

Note: Philippine highway shall refer to any road,
3. Those who after having maliciously
street, passage, highway and bridges or other parts
thereof, or railway or railroad within the Philippines
damaged the property of another,
used by persons, or vehicles, or locomotives or trains remove or make use of the fruits or
for the movement or circulation of persons or objectofthedamagecausedbythem.
transportationofgoods,articles,orpropertyorboth.
4. Those who enter an enclosed estate or a
AIDINGANDABETTINGABANDOFBRIGANDS fieldwheretrespassisforbiddenorwhich
(Art.307) belongs to another and, without the
consent of its owner, hunt or fish upon
Q:Whataretheelementsofthiscrime? thesameorgatherfruits,cerealsorother
forestorfarmproducts.
A:
1. Thereisabandofbrigands. Q:Whataretheelementsoftheft?
2. Offender knows the band to be of
brigands. A:
3. Offenderdoesanyofthefollowingacts: 1. Thereistakingofpersonalproperty
a. He in any manner aids, abets or
protectssuchbandofbrigands Note: It may be a stolen property but as
b. He gives them information of the long as it does not belong to the thief or
movements of the police or other robber,itcanbethesubjectofthecrime.
peaceofficersofthegovernment
c. Heacquiresorreceivestheproperty 2. Propertytakenbelongstoanother
takenbysuchbrigands
3. Takingwasdonewithintenttogain
THEFT
Note: Intent to gain is presumed in
(Art.308)
malicious taking of personal property of
another.
Q:Whatistheft?

4. Taking was done without the consent of

A: Theft is committed by any person who, with
theowner
intent to gain but without violence against or

intimidationofpersonsnorforceuponthings,shall Illustration:
take personal property of another without the
lattersconsent. Whileprayinginachurch,Afeltandsawhis
walletbeingtakenbyB,butbecauseofthe
Q:Whoarethepersonsliablefortheft? solemnityoftheproceedings,didnotmake
any move; while the taking was with his
A: knowledge, it was without his consent, and
1. Those who, with intent to gain, but Theftiscommitted.
without violence against or intimidation
of persons nor force upon things, take 5. Takingisaccomplishedwithouttheuseof
personalpropertyofanotherwithoutthe violence against or intimidation of
lattersconsent. personsofforceuponthings.
225

statutory definition of theft, which is the taking,
Q:Whatisthemeaningoftakinginlaw? withintenttogain,ofpersonalpropertyofanother
withoutthelattersconsent.
A: It means the act of depriving another of the
possessionanddominionofmovableproperty.The Q:Whenisthecrimeoftheftproduced?
taking must be accompanied by the intention, at
thetimeofthetaking,ofwithholdingthethingwith A: Theft is produced when there is deprivation of
somecharacterofpermanency. personal property due to its taking by one with
intenttogain.
Q: Can incorporeal property be the subject of
theft? Q:Intheft,isitrequiredforthethieftobeableto
carryawaythethingtakenfromtheowner?
A: Yes. Personal property does not only mean
corporeal things but also includes incorporeal A:No,theconsummationofthiscrimetakesplace
property like electricity which can be stolen by upon the voluntary and malicious taking of the
usingajumper.(U.S.v.Carlos,21Phil.533)Thetest property which is realized upon the material
ofwhatisthepropersubjectoflarcenyseemstobe occupation of the taking, that is, when he had full
notwhetherthesubjectiscorporealbutwhetherit possession thereof even if he did not have the
iscapableofappropriationbyanother. opportunitytodisposeofthesame.

Illustration: Note: Proof that the accused is in possession of a
recently stolen property gives rise to a valid
In case of theft of checks, the argument that checks presumptionthathestoletheproperty.
cannot be the proper subject of larceny because the
paper itself has no intrinsic value and is merely an Q:Whenisunlawfultakingcomplete?
evidence or token of the existence of money or
propertyelsewhere,whiletenableunderthecommon A: Unlawful taking is deemed complete from the
lawrule,cannotbesustainedinourjurisdictionforthe momenttheoffendergainspossessionofthething,
Supreme Court of Spain has repeatedly ruled that even if he has no opportunity to dispose of the
checks and other commercial papers are subject of same.
larceny.(U.S.v.Wickersham,20Phil.440)

Q: What is the distinction between theft and
Q:Cantherebeacrimeoffrustratedtheft?
estafa?

A: No. Unlawful taking, which is the deprivation of
A:
ones personal property, is the element which
THEFT ESTAFA
produces the felony in its consummated stage. At
Thecrimeisqualified Whereboththematerialand
thesametime,withoutunlawfultakingasanactof
theftifonlythe juridicalpossessionare
execution, the offense could only be attempted physicalormaterial transferred,misappropriation
theft,ifatall. possessionofthe ofthepropertywould
thingistransferred. constituteestafa.
Withtheseconsiderations,underArticle308ofthe
RPC,theftcannothaveafrustratedstage.Theftcan Note: In theft, qualified with grave abuse of
onlybeattemptedorconsummated. confidence and estafa with abuse of confidence, the
offenderreceivesthethingfromtheoffendedparty.
Q:Forthecrimeofthefttobeconsummated,isit
necessary that the offender, once having Q: Mario found a watch in a jeep he was riding,
committed all the acts of execution for theft, is andsinceitdidnotbelongtohim,heapproached
able or unable to freely dispose of the property policeman P and delivered the watch with
stolen? instructiontoreturnthesametowhoevermaybe
found to be the owner. P failed to return the
A:No.Sincethedeprivationfromtheowneralone watch to the owner and, instead, sold it and
has already ensued from such acts of execution. appropriatedforhimselftheproceedsofthesale.
Under Article 308 of the RPC, there is only one Chargedwiththeft,Preasonedoutthathecannot
operative act of execution by the actor involved in be found guilty because it was not he who found
theftthe taking of personal property of another. thewatchandmoreover,thewatchturnedoutto
The ability of the offender to freely dispose of the bestolenproperty.IsP'sdefensevalid?
propertystolenisnotaconstitutiveelementofthe
crime of theft. Such factor runs immaterial to the
226

CRIMINALLAWTEAM:
A:No,P'sdefenseisnotvalid.Inachargefortheft, Illustration:
it is enough that the personal property subject
thereofbelongstoanotherandnottotheoffender An Assistant Agent in Charge and Accounting Cashier
(P). It is irrelevant whether the person deprived of of the PNB entrusted with and accountable for all its
the possession of the watch has or has no right to collections and deposits including equipment and
the watch. Theft is committed by one who, with supplies, was accused of having taken P126,190.00
intent to gain, appropriates property of another foundinhisdrawer.Itwasheldthatthecrimeoftheft
is qualified by the relation of trust between the
withouttheconsentofitsowner.Andthecrimeis
accused and the PNB creating higher degree of
committed even when the offender receives
confidence which the former gravely abused. He
property of another but acquires only physical willfullytookadvantageofhisposition,hisknowledge
possessiontoholdthesame.(1998BarQuestion) ofthesafecombinationsandhisphysicalpossessionof
themoneytocarryoutandconsummatetheTheft.
Illustration:
Q: What is novation theory and when does this
Where the finder of the lost or mislaid property apply?
entrusts it to another for delivery to a designated
owner, the person to whom it is thus confided, A: Novation theory contemplates a situation
assumes by voluntary substitution, as to both the wherein the victims acceptance of payment
property and the owner, the same relation as was converted the offenders liability to a civil
occupied by the finder. If he misappropriates it, he is
obligation. It applies only if there is a contractual
guilty of Theft as if he were the actual finder of the
relationship between the accused and the
same.(Peoplev.Avila,44Phil.720[1923])
complainant.

QUALIFIEDTHEFT
THEFTOFTHEPROPERTYOFTHENATIONAL
(Art.310)
LIBRARYANDNATIONALMUSEUM(Art.311)

Q:Whenistheftqualified?
Note: Theft of property of National Library and
NationalMuseumhasafixedpenaltyregardlessofits
A: value,butifthecrimeiscommittedwithgraveabuse
1. If theft is committed by a domestic of confidence, the penalty for qualified theft shall be
servant imposed.

2. Ifthetheftiscommittedwithgraveabuse OCCUPATIONOFREALPROPERTYOR
ofconfidence USURPATIONOFREALRIGHTSINPROPERTY
(Art.312)
3. If the property stolen is a motor vehicle,
mailmatterorlargecattle Q:Whatarethepunishableacts?

4. Ifthepropertystolenconsistofcoconuts A:
takenfromthepremisesofaplantation 1. Taking possession of any real property
belongingtoanother.
5. Ifthepropertystolenisfishtakenfroma
fishpondorfishery 2. Usurping any real rights in property
belongingtoanother.
6. If property is taken on the occasion of
fire, earthquake, typhoon, volcanic Q:Whataretheelementsofthiscrime?
eruption,oranyothercalamity,vehicular
accidentorcivildisturbance. A:
1. Offender takes possession of any real
Note: If the offense is to be qualified by abuse of property or usurps any real rights in
confidence, the abuse must be grave, like an accused property.
who was offered food and allowed to sleep in the

house of the complainant out of the latters pity and
2. Real property or real rights belong to
charity,butstolethelattersmoneyinhishousewhen
helefttheplace.
another.

3. Violence against or intimidation of
persons is used by the offender in
227

occupying real property or usurping real CULPABLEINSOLVENCY
rightsinproperty. FRAUDULENTINSOLVENCY
(Art.314)
4. Thereisintenttogain.
Q: What are the elements of fraudulent
Note:Thereisonlycivilliabilityifthereisnoviolence insolvency?
orintimidationintakingpossessionofrealproperty.
A:
UsurpationunderArticle312iscommittedinthesame 1. Offender is a debtor, that is, he has
way as robbery with violence or intimidation of obligationsdueandpayable.
persons. The main difference is that in robbery, 2. Heabscondswithhisproperty.
personal property is involved; while in usurpation of 3. Therebeprejudicetohiscreditors.
realrights,itisrealproperty.

If the accused is the owner of the property which he
usurped from the possessor, he cannot be held liable

forusurpation. A:Theessenceofthecrimeisthatanypropertyof
thedebtorismadetodisappearforthepurposeof
Consideringthatthisisacrimeagainstproperty,there evading the fulfillment of the obligations and
mustbeintenttogain.Intheabsenceoftheintentto liabilities contracted with one or more creditors to
gain,theactmayconstitutecoercion. theprejudiceofthelatter.

Q:WhatispunishedbyR.A.947? Note: To abscond does not mean that the debtor
shoulddepartandphysicallyconcealhisproperty.
A: Entering or occupying public agricultural land
includingpubliclandsgrantedtoprivateindividuals. Thefraudmustresulttotheprejudiceofhiscreditors.
Iftheaccusedconcealedhispropertyfraudulentlybut
it turned out that he has some other property with
Q:Whoaresquatters?
which to satisfy his obligation, he is not liable under

thisarticle.
A:
1. Thosewhohavethecapacityormeansto Beingamerchantqualifiesthecrimeasthepenaltyis
payrentorforlegitimatehousingbutare increased.
squattinganyway.
If these acts are committed after the institution of
2. Also the persons who were awarded lots insolvencyproceeding,theInsolvencyLawshallapply.
butsoldorleasethemout.
SWINDLINGANDOTHERDECEIT
3. Intruders of lands reserved for socialized
housing, preempting possession by SWINDLING(Estafa)
occupyingthesame.(UrbanDevelopment (Art.315)
andHousingAct)
Q:Whataretheelementsofestafaingeneral?
ALTERINGBOUNDERIESORLANDMARKS
(Art.313) A:
1. Accused defrauded another by abuse of
Q:Whataretheelementsofthiscrime? confidence or by means of deceit This
covers the three different ways of
A: committing estafa under Article 315;
1. Thereareboundarymarksormonuments thus,estafaiscommitted:
of towns, provinces, or estates, or any
other marks intended to designate the a. With unfaithfulness or abuse of
boundariesofthesame. confidence
b. By means of false pretenses or
2. Offenderalterssaidboundarymarks. fraudulentacts;or
c. Throughfraudulentmeans
Note: Intent to gain is not necessary. Mere act of
altering or destruction of the boundary marks is 2. Damageorprejudicecapableofpecuniary
sufficient. estimationiscausedtotheoffendedparty
orthirdperson.

228

CRIMINALLAWTEAM:
property by the offender, or denial

Illustration: onhispartofsuchreceipt
c. Suchmisappropriationorconversion
When the accused deceived the complainants into or denial is to the prejudice of
believingthattherewereindeedjobswaitingforthem another;and
in Taiwan, and the latter sold their carabaos, d. There is a demand made by the
mortgaged or sold their parcels of land and even offendedpartytotheoffender
contracted loans to raise the P40,000.00 placement
fee required of them by the accused, the assurances
Note: The fourth element is not necessary
given by the latter made the complainants part with
whenthereisevidenceofmisappropriation
whatever resources they had, clearly establishing
ofthegoodsbythedefendant.
deceit and damage which constitute the elements of

Estafa(Peoplev.Bautista,214SCRA216).
Illustration:

UnderP.D.115(TrustReceiptsLaw),thefailureofthe
Failure to return a dump truck which was
entrusteetoturnovertheproceedsofthesaleofthe
deliveredtotheaccusedbyvirtueofadeed
goods, documents, or instruments covered by a trust
of lease after the expiration of the lease
receipt, to the extent of the amount owing to the
contract and despite demands would
entruster, or as appearing in the trust receipt; or the
constitute Estafa by misappropriation or
failure to return said goods, documents, or
conversionbytheaccusedofthesubjectof
instruments if they were not sold or disposed of in
theobligation.
accordance with the terms of the trust receipt

constituteestafa.
The accused received in trust the money
from the complainants for the particular
Q: What are the elements of estafa with purpose of investing the same with the
unfaithfulness of abuse of confidence under Philtrust Investment Corp. with the
Article315(1)? obligation to make delivery thereof upon
demand but failed to return the same
A: despite demands. It was admitted that she
1. Underparagraph(a): usedthemoneyforherbusiness.Accusedis
a. Offender has an onerous obligation guilty of Estafa through Misappropriation.
todeliversomethingofvalue (Fontanillav.People,258SCRA460)
b. He alters its substance, quantity, or
quality A money market transaction however
c. Damage or prejudice is caused to partakesofthenatureofaloan,andnon
another payment thereof would not give rise to
criminal liability for Estafa through
Illustration: misappropriationorconversion.Inmoney
market placements, the unpaid investor
Where the accused is bound by virtue of a shouldinstituteagainstthemiddlemanor
contract of sale, payment having been dealer, before the ordinary courts, a
received to deliver first class of rice (e.g. simpleactionforrecoveryoftheamount
milagrosa)butdeliveredaninferiorkind,or he had invested, and if theres allegation
thatheboundhimselftodeliver1000sacks of fraud, the proper forum would be the
but delivered less than 1000 because the SEC.(Sesbrenov.CA,240SCRA606)
other sacks were filled with different

materials, he is guilty of estafa with
3. Underparagraph(c):
unfaithfulness or abuse of confidence by
altering the quantity or quality of anything
a. The paper with the signature of the
ofvaluebyvirtueofanobligationtodoso. offendedpartyisinblank;
b. Offended party delivered it to the
2. Underparagraph(b): offender;
a. Money, goods, or other personal c. Abovethesignatureoftheoffended
property is received by the offender party, a document is written by the
in trust, or on commission, or for offenderwithoutauthoritytodoso;
administration, or under any other d. The document so written creates a
obligationinvolvingthedutytomake liabilityof,orcausesdamageto,the
deliveryof,ortoreturn,thesame offendedpartyoranythirdperson.
b. There is misappropriation or
conversion of such money or
229

Q: What are the elements of estafa by means of
false pretenses or fraudulent acts under Article Thus,ifAissuedacheckinfavorofBforadebthehas
315(2)? incurredamonthorsoago,thedishonorofthecheck
for insufficiency of funds in the bank does not
A: constitute Estafa. But if A told B to deliver to him
1. Underparagraph(a) P10,000andhe(A)wouldissueinhisfavoracheckin
a. Usingfictitiousname thesumofP11,000asitwasaSundayandAneeded
the cash urgently, and B gave his P10,000 having in
b. Falselypretendingtopossesspower,
mindtheprofitofP1,000whenheencashesthecheck
influence, qualifications, property,
onMondayandthecheckbouncedwhendeposited,A
credit,agency,businessorimaginary canbeheldliableforEstafa.Insuchcase,itwasclear
transactions;or thatBwouldhavenotpartedwithhisP10,000wereit
c. Bymeansofothersimilardeceits notfortheissuanceofAscheck.

2. Under paragraph (b) Altering the Itmustnotbepromissorynotes,orguaranties.
quality, fineness, or weight of anything
pertainingtohisartorbusiness. Q:Isgoodfaithadefense?

3. Underparagraph(c)Pretendingtohave A:Yes.Thepayeesknowledgethatthedrawerhas
bribed any government employee, nosufficientfundstocoverthepostdatedchecksat
without prejudice to the action for thetimeoftheirissuancenegatesestafa.
calumny which the offended party may
deem proper to bring against the Note: It is necessary that the offender knew that his
offender. checkhadnosufficientfundsinthebank(hisfailureto
cover the amount of the check within 3 days from
4. Underparagraph(d) noticecreatesaprimafacieevidenceofdeceit).
a. Offender postdated a check, or
issued a check in payment of an If the checks were issued by the defendant and he
obligation; receivedmoneyforthem,thenstoppedpaymentand
b. Such postdating or issuing a check didnotreturnthemoney,andhehadanintentionto
wasdonewhentheoffenderhadno stop payment when he issued the check, there is
funds in the bank, or his funds estafa.

depositedthereinwerenotsufficient
Deceit is presumed if the drawer fails to deposit the
tocovertheamountofthecheck.
amountnecessarytocoverthecheckwithinthreedays
from receipt of notice of dishonor or insufficiency of
Note: Art. 315 (2) (d) is also referred to as fundsinthebank.
Issuingorpostdatingcheckwithoutfunds.

Q:Canthefactthattheaccusedwasnottheactual
Q:WhendoesArt.315(2)(d)apply?
makerofthecheckbeputupasadefense?

A:Onlywhen:
A:No.InthecaseofPeoplev.Isleta,et.al.(61Phil.
1. Obligationisnotpreexisting
332), and reiterated in the case of Zalgado v. CA
2. Checkisdrawntoenterintoanobligation
(178SCRA146) itwasheldthattheappellantwho
3. Doesnotcovercheckswherethepurpose
only negotiated directly and personally the check
of drawing the check is to guarantee a
drawnbyanotherisguiltyofestafabecausehehad
loan.
guilty knowledge that at the time he negotiated

thecheck,thedrawerhasnosufficientfunds.
Note: The check must be genuine. If the check is

falsifiedandiscashedwiththebankorexchangedfor
cash, the crime is estafa thru falsification of a
In other words, whether the accused was charged
commercialdocument. undereitherparagraph2(a)or2(d)ofArticle315of
the RPC, he would still be guilty of estafa because
The check must be issued in payment of a damageanddeceit,whichareessentialelementsof
simultaneousobligation,notonewhichispreexisting. theoffense,havebeenestablishedwithsatisfactory
proof. The fraudulent act was committed prior to
Illustration: or simultaneous with the issuance of the bad
check. The guarantee and the simultaneous
The accused must be able to obtain something from delivery of the checks by the accused were the
the offended party by means of the check he issued enticement and the efficient cause of the
anddelivered. defraudation committed against Apolonio who
230

CRIMINALLAWTEAM:
suffered damage amounting to P87,000.00 as a disturbance in property rights. (U.S. vs.

result of the fraud committed by Garcia in paying Malong,GR.No.L12597,Aug.30,1917)
him underfunded checks drawn by three different
persons. (Garcia v. People, G.R. No. 144785, Sept. 2. Underparagraph(b)Resortingtosome
11,2003) fraudulent practice to insure success in a
gamblinggame;
Q: Is the accuseds mere failure to turn over the
thingdeliveredtohimintrustdespitedemandand 3. Underparagraph(c)
thedutytodoso,constituteestafaunderArt.315 a. Offender removed, concealed or
par1(b)? destroyed.
b. Any court record, office files,
A:No.TheessenceofestafaunderArt.315(1)(b) documentsoranyotherpapers.
of the RPC is the appropriation or conversion of c. Withintenttodefraudanother.
moneyorpropertyreceived,totheprejudiceofthe
owner thereof. It takes place when a person Illustration:
actually appropriates the property of another for
hisownbenefit,useandenjoyment.Thefailureto When a lawyer, pretending to verify a
account, upon demand, for funds or property held certain pleading in a case pending before a
in trust is a mere circumstantial evidence of court, borrows the folder of the case, and
misappropriation. In other words, the demand for removes or destroys a document which
the return of the thing delivered in trust and the constitutes evidence in the said case, said
lawyerisguiltyofestafaunderpar.3(c).
failure of the accused to account for it are

circumstantial evidence of misappropriation.
In partnership Partners are not liable for
However, this presumption is rebuttable. If the estafaofmoneyorpropertyreceivedforthe
accusedisabletosatisfactorilyexplainhisfailureto partnership when the business commenced
producethethingdeliveredintrust,hemaynotbe andprofitsaccrued.
held liable for estafa. In the case at bar, however,
since the medrep failed to explain his inability to Q: What are the distinctions between robbery,
producethethingdeliveredtohimintrust,therule theftandestafa?
that the failure to account, upon demand, for
funds or property held in trust is circumstantial A:
evidence of misappropriation applies without ROBBERY THEFT ESTAFA
doubt. (Filadams Pharma, Inc. v. CA, G.R. No. Subject
132422,Mar.30,2004) matter
Onlypersonal Onlypersonalprop
maybe
propisinvolved. isinvolved.
Q: What are the elements of Estafa through real
fraudulentmeansunderArticle315(3)? property
Takingisby
A: meansofforce
1. Underparagraph(a) uponthingsor
Notso Notso
a. Offenderinducedtheoffendedparty violenceagainst
tosignadocument. orintimidationof
b. Deceit was employed to make him persons.
signthedocument. Penalty
Penaltydoesnot
c. Offendedpartypersonallysignedthe Penaltydepends depends
necessarily
ontheamount onthe
document. dependonthe
involved amount
d. Prejudicewascaused. amountinvolved.
involved

Offendertakes
Illustration: Offendertakesthe
theproperty
propertywithout
withoutthe Offender
A induced an illiterate owner who was theconsentofthe
consentofthe receives
desirousofmortgaginghispropertyfora ownerandwithout
ownerbyusing the
certainamount,tosignadocumentwhich usingthreats,
threats, property
hebelievedwasonlyapowerofattorney intimidationor
intimidationor
violence
but in truth it was a deed of sale. A is violence
guilty of Estafa under par.3(a) and the
damage could consist at least in the Note: The crime is theft even if the property was
deliveredtotheoffenderbytheownerorpossessor,if
thelatterexpectsanimmediatereturnoftheproperty
231

delivered, that is, he delivered only the physical or temporary misappropriations, for as long as
material possession of the property. (U.S. v. De Vera, damageissufferedbytheoffendedparty.
43 Phil. 1000) However, if what was delivered was
juridicalpossessionoftheproperty,thatis,asituation Damage was suffered by the corporation in this
wherethepersontowhomitwasdeliveredcansetoff case because if the P1 million pesos had not been
hisrighttopossessevenasagainsttheowner,andthe withdrawnfromthecorporatecoffersitwouldhave
lattershouldnotbeexpectingtheimmediatereturnof earned interest for the benefit of the company.
the property, the misappropriation or taking of that

propertyisEstafa.(U.S.v.Figueroa,22Phil.270)
Estafa, and not qualified theft, is committed

because as corporate treasurer, Alfredo has
Q:Whatarethedistinctionsbetweenestafawith
juridicalpossessionoftheP5millioninhiscustody.
abuseofconfidenceandmalversation?

Thiswasinthenatureofatrustfundentrustedto
A:
him for corporate purposes. While it is a general
ESTAFAWITHABUSEOF
MALVERSATION principle that misappropriation of trust funds for
CONFIDENCE
shortperiodsdoesnotalwaysamounttoestafa,it
Fundsorpropertyare Involvespublicfundsor
alwaysprivate. property. has been held that this principle cannot extend to
Offenderisaprivate cases where officers of corporations converted
Offenderwhoisusuallya corporatefundstotheirownuse,(U.S.vs.Sevilla,
individualorevena
publicofficeris 43 Phil. 190). Fraudulent intent is not even
publicofficerwhoisnot
accountableforpublic necessary in such cases because the breach of
accountableforpublic
fundsorproperty. confidence involved in the misappropriation or
fundsorproperty.
Crimeiscommittedby conversion of trust funds takes the place of
Crimeiscommittedby appropriating,takingor fraudulent intent and is in itself sufficient. (1989
misappropriating, misappropriatingor BarQuestion)
convertingordenying consenting,or,through
havingreceivedmoney, abandonmentor Q:AureliaintroducedRosatoVictoria,adealerin
goodsorotherpersonal negligence,permittingany jewelrywhodoesbusinessinTimog,QuezonCity.
property. otherpersontotakethe Rosa, a resident of Cebu City, agreed to sell a
publicfundsorproperty. diamond ring and bracelet to Victoria on a
Offendersareentrustedwithfundsorproperty commissionbasis,onconditionthat,iftheseitems
Continuingoffenses cannotbesold,theymaybereturnedtoVictoria
forthwith. Unable to sell the ring and bracelet,
Note:Estafathroughfalsepretensemadeinwritingis Rosa delivered both items to Aurelia in Cebu City
onlyasimplecrimeofestafa,notacomplexcrimeof withtheunderstandingthatAureliashall,inturn,
estafathroughfalsification.
returntheitemstoVictoriainTimog,QuezonCity.
Aurelia dutifully returned the bracelet to Victoria
Q: Alfredo is the corporate treasurer of but sold the ring, kept the cash proceeds thereof
Multimillion Insurance Company. As corporate to herself, and issued a check to Victoria which
treasurer, he would have in his possession an bounced. Victoria sued Rosa for estafa under
average of P5,000,000 at any given time. In Article315,RPC,Victoriainsistingthatdeliveryto
1984, when the money market rate of interest a third person of the thing held in trust is not a
ranged from 35% to 50%, Alfredo placed defense in estafa. Is Rosa criminally liable for
P1,000,000 of the corporate funds in the money estafaunderthecircumstances?
marketinhisnamewithouttheknowledgeofany
other corporate official of the company. Upon A: No, Rosa cannot be held criminally liable for
maturityofthemoneymarketplacement,Alfredo estafa. Although she received the jewelry from
returned the amount of P1,000,000 to the Victoria under an obligation to return the same or
corporation, but kept to himself the interest deliver the proceeds thereof, she did not
income of P250,000. At the end of 1984, when misappropriateit.Infact,shegavethemtoAurelia
audit examinations of his accounts were specifically to be returned to Victoria. The
undertaken,theauditorsfoundnoshortageinhis misappropriation was done by Aurelia, and absent
accountabilities.DidAlfredocommitanycrime? theshowingofanyconspiracybetweenAureliaand
Rosa,thelattercannotbeheldcriminallyliablefor
A:Yes,Alfredocommittedthecrimeofestafathru Aurelia's acts. Furthermore, as explained above,
abuseofconfidence,evenifhehadnointentionto Rosa's negligence which may have allowed Aurelia
permanently misappropriate the corporate funds to misappropriate the jewelry does not make her
forhimself.Thelawonestafaisclearanddoesnot criminallyliableforestafa.(1999BarQuestion)
make any distinctions between permanent and
232

CRIMINALLAWTEAM:
the real property is free from

Q: Distinguish estafa and infidelity in the custody encumbrance
ofdocument. d. Actofdisposingoftherealproperty
bemadetothedamageofanother
A:
INFIDELITYINTHECUSTODY 3. Wrongful taking of personal property
ESTAFA
OFDOCUMENTS fromitslawfulpossessortotheprejudice
Privateindividual ofthelatterorathirdperson;
Publicofficerentrusted
wasentrusted
Intenttodefraud Nointenttodefraud Elements:
a. Offender is the owner of personal
Q: Is demand a condition precedent to the property
existenceofEstafa? b. Said personal property is in the
lawfulpossessionofanother
A: c. Offenderwrongfullytakesitfromits
GR: There must be a formal demand on the lawfulpossessor
offendertocomplywithhisobligationbeforehe d. Prejudice is thereby caused to the
canbechargedwithestafa. possessororthirdperson

XPN: 4. Executing any fictitious contract to the
1. Whentheoffendersobligationtocomply prejudiceofanother.
issubjecttoaperiod,and
2. When the accused cannot be located 5. Acceptinganycompensationgiventohim
despiteduediligence. under the belief it was in payment of
servicesorlaborwhenhedidnotactually
OTHERFORMSOFSWINDLING perform such services or labor. Selling,
(Art.316) mortgaging or in any manner
encumbering real property while being a
Q:Whataretheotherformsofswindling? surety in bond without express authority
from the court or before being relieved
A: fromtheobligation.
1. Conveying, selling, encumbering, or
mortgaginganyrealproperty,pretending Elements:
tobetheownerofthesame a. Offender is a surety in a bond given
inacriminalorcivilaction
Elements: b. He guaranteed the fulfillment of
a. Thingbeimmovable suchobligationwithhisrealproperty
b. Offender who is not the owner of orproperties
said property should represent that c. He sells, mortgages, or, in any other
heistheownerthereof manner encumbers said real
c. Offender should have executed an property
act of ownership (selling, leasing, d. Suchsale,mortgageorencumbrance
encumbering or mortgaging the real iswithoutexpressauthorityfromthe
property) court, or made before the
d. Act is made to the prejudice of the cancellation of his bond, or before
ownerorofathirdperson. being relieved from the obligation
contractedbyhim
2. Disposing real property knowing it to be
encumberedeveniftheencumbrancebe SWINDLINGAMINOR
notrecorded. (Art.317)

Elements: Q:Whataretheelementsofthiscrime?
a. Thingdisposedofberealproperty;
b. Offenderknewthattherealproperty A:
was encumbered, whether the 1. Offender takes advantage of the
encumbranceisrecordedornot inexperienceoremotionsorfeelingsofa
c. There must be express minor.
representation by the offender that
233

2. He induces such minor to assume an was located at the time of the
obligation, or to give release, or to executionofthemortgage
executeatransferofanypropertyright. d. Removalispermanent
3. Consideration is some loan of money, e. There is no written consent of the
creditorotherpersonalproperty. mortgagee or his executors,
4. Transaction is to the detriment of such administrators or assigns to such
minor. removal

Q: Is actual proof of deceit or misrepresentation Note:Anypersoncanbetheoffender.
essential?
2. Selling or pledging personal property
A: No. It is sufficient that the offender takes already pledged, or any part thereof,
advantage of the inexperience or emotions of the underthetermsoftheChattel Mortgage
minor. Law, without the consent of the
mortgagee written on the back of the
OTHERDECEITS mortgage and noted on the record
(ART.318) thereof in the office of the register of
deeds of the province where such
Q: What are the other kinds of deceit under Art. propertyislocated.
318?
Elements:
A: a. Personalpropertyisalreadypledged
1. Defrauding or damaging another by any under the terms of the Chattel
other deceit not mentioned in the MortgageLaw
precedingarticles. b. Offender, who is the mortgagor of
2. Interpreting dreams, making forecasts, such property, sells or pledges the
telling fortunes, or taking advantage of sameoranypartthereof
the credulity of the public in any other c. There is no consent of the
similarmanner,forprofitorgain. mortgagee written on the back of
the mortgage and noted on the
Note:Deceitsinthisarticleincludefalsepretensesand record thereof in the office of the
fraudulentacts. registerofdeeds.

CHATTELMORTGAGE Note: Chattel mortgage must be valid and
subsisting. Removal of the mortgaged
REMOVAL,SALEORPLEDGEOFMORTGAGED personal property must be coupled with
PROPERTY(Art.319) intenttodefraud.

Q:Whatarethepunishableacts? Q:Distinguishchattelmortgagefromestafa

A: A:
1. Knowingly removing any personal CHATTELMORTGAGE ESTAFA
property mortgaged under the Chattel Thepropertyinvolvedis Thepropertyinvolved
Mortgage Law to any province or city personalproperty isrealproperty
otherthantheoneinwhichitwaslocated Sellingorpledgingof Toconstituteestafa,it
atthetimeofexecutionofthemortgage, personalpropertyalready issufficientthatthe
pledgedormortgagedis realproperty
without the written consent of the
committedbythemere mortgagedbesoldas
mortgagee or his executors,
failuretoobtaintheconsent free,eventhoughthe
administratorsorassigns.
ofthemortgageeinwriting vendormayhave
eveniftheoffendershould obtainedtheconsent
Elements: informthepurchaserthat ofthemortgageein
a. Personal property is mortgaged thethingsoldismortgaged writing
undertheChattelMortgageLaw Thepurposeisto
b. Offenderknowsthatsuchpropertyis Thepurposeofthelawisto protectthepurchaser,
somortgaged protectthemortgagee whetherthefirstor
c. Offender removes such mortgaged thesecond
personalpropertytoanyprovinceor
city other than the one in which it
234

CRIMINALLAWTEAM:
ARSONANDOTHERCRIMESINVOLVING violation of law, or for purpose of

DESTRUCTION concealingbankruptcyordefrauding
creditors or to collect from
Q:Whatisarson? insurance.

A:Arsonisthemaliciousdestructionofpropertyby 2. Two or more persons or by a group of
fire. persons, regardless of whether their
purpose is merely to burn or destroy the
Note: Laws on arson in force are P.D. 1613 and Art. buildingortheburningmerelyconstitutes
320,asamendedbyR.A.7659. anovertactinthecommissionofanother
violationoflaw.
Q:Whatarethekindsofarson?
3. Anypersonwhoshallburn:
A: a. Anyarsenal,shipyard,storehouseor
1. Arson,underSec.1ofP.D.1613. militarypowderorfireworksfactory,
2. Destructivearson,underArt.320RPC,as ordinance, storehouse, archives or
amendedbyR.A.7659. generalmuseumoftheGovernment.
3. Othercasesofarson,underSec.3ofP.D.
1613. b. In an inhabited place, any
storehouseorfactoryofinflammable
DESTRUCTIVEARSON orexplosivematerials.
(Art.320,asamendedbyRA7659)
Q:Whataretheotherkindsofarson?
Q:HowisDestructiveArsoncommitted?
A:Thepropertyburnedisanyofthefollowing:
A: 1. Any building used as offices of the
1. Anypersonwhoshallburn: Governmentoranyofitsagencies;
a. One or more buildings or edifices, 2. Anyinhabitedhouseordwelling;
consequent to one single act of 3. Anyindustrialestablishment,shipyard,oil
burning, or as a result of wellormineshaft,platformortunnel;
simultaneous burnings, or 4. Any plantation, farm, pasture land,
committed on several or different growing crop, grain field, orchard,
occasions bamboogroveorforest;
5. Any rice mill, sugar mill, cane mill or mill
b. Any building of public or private central;and
ownership, devoted to the public in 6. Anyrailwayorbusstation,airport,wharf
general or where people usually orwarehouse.(Sec.3P.D.1613)
gather or congregate for a definite
purpose regardless of whether the Q:Whatarethespecialaggravatingcircumstances
offender had knowledge that there inarson?(Sec.4,P.D.1613):
arepersonsinsaidbuildingoredifice
at the time it is set on fire and A:
regardless also of whether the 1. Ifcommittedwithintenttogain.
buildingisactuallyinhabitedornot 2. Ifcommittedforthebenefitofanother.
3. If the offender is motivated by spite or
c. Any train or locomotive, ship or hatredtowardstheowneroroccupantof
vessel, airship or airplane, devoted thepropertyburned.
to transportation or conveyance, or 4. If committed by a syndicate. (Sec.4 PD
for public use, entertainment or 1613)
leisure
Note:Offenseiscommittedbyasyndicateif
d. Any building, factory, warehouse it is planned or carried out by a group of
installation and any appurtenances threeormorepersons.
thereto, which are devoted to the
serviceofpublicutilities Illustration:

e. Any building the burning of which is WheretheaccusedwaschargedwithviolationofP.D.
for the purpose of concealing or 613 without specifying the particular provision
destroying evidence of another breachedandtheinformationfailingtoallegewhether
235

or not the burnt house is inhabited, and not having
established that it was situated in a populated or Malicious mischief does not necessarily involve moral
congested area, he should be deemed to have been turpitude.
chargedonlywithplainArsonunderSec.1ofP.D.613.
(Peoplev.Gutierrez,G.R.No.100699,July5,1996) Malicious mischief being a deliberate act cannot be
committedthrunegligence.
Q: Nestor was had an argument with his livein
partner, Honey concerning their son. During their Q:MariowashiredbythePNBascaretakerofits
heated discussion, Nestor intimated to Honey his lot situated in Balanga, Bataan. Consequently,
desire to have sex with her but the same was Mario put up on the said lot a sign which reads
thwarted.Frustratedandincensed,Nestorsetfire "No Trespassing, PNB Property" to ward off
on both the plastic partition of the room and squatters. Despite the sign, Julita, believing that
Honeysclothesinthecabinet.Afterrealizingwhat the said lot was owned by her grandparents,
hedid,Nestorattemptedtoputouttheflamesbut constructed a nipa hut thereon. Hence, Mario,
it was too late. This resulted to the burning of together with four others, tore down and
their home and the other neighboring houses. demolished Julita's hut. She thus filed with the
Nestor was forthwith convicted of destructive MTC a criminal complaint for malicious mischief.
arson. Was Nestors conviction for the crime of Mario was subsequently convicted of malicious
destructivearsonproper? mischief.

A: No, the crime committed by Nestor is simple Mario admitted that he deliberately demolished
arson penalized under Sec.3 par.2 of P.D. 1613 as Julita's nipa hut but he, however, contends that
the properties burned by him are specifically the third element of the crime of malicious
described as houses, contemplating inhabited mischief, i.e., that the act of damaging another's
housesordwellingsundertheaforesaidlaw.Simple property be committed merely for the sake of
Arson contemplates crimes with less significant damaging it, is not present in this case. He
social, economic, political and national security maintainsthatthedemolitionofthenipahutisfor
implications than Destructive Arson. Destructive the purpose of safeguarding the interest of his
arson under Article 320 of the RPC, on the other employer. Was the court correct in convicting
hand, contemplates the burning of buildings and Marioofmaliciousmischief?
edifices. (People v. Soriano, G.R. No. 142565. July
29,2003) A: Yes, Marios conviction for malicious mischief
must be sustained. As to the third element, Mario
MALICIOUSMISCHIEF was not justified in summarily and extrajudicially
(Art.327) demolishing Julitas nipa hut. As it is, Mario
proceedednotsomuchtosafeguardthelotasitis
Q:Whatismaliciousmischief? the vent to his anger and disgust over the no
tresspassing sign he placed thereon. Indeed, his
A: Malicious mischief is the willful damaging of act of summarily demolishing the house smacks of
anothers property by any act not constituting his pleasure in causing damageto it. (Valeroso v.
arsonorcrimesofdestructionduetohate,revenge People,G.R.No.149718.Sept.29,2003)
ormerepleasureofdestroying.
SPECIALCASESOFMALICIOUSMISCHIEFAND
Q:Whataretheelementsofmaliciousmischief? QUALIFIEDMALICIOUSMISCHIEF
(Art.328)
A:
1. Offender deliberately caused damage to Q:Whatarethepunishableactsunderthisarticle?
thepropertyofanother
2. Such act does not constitute arson or A:
othercrimesinvolvingdestruction 1. Causing damage to obstruct the
3. Act of damaging anothers property be performanceofpublicfunctions.
committed merely for the sake of
damagingit 2. Using any poisonous or corrosive
substance.
Note:Thepropertymustbepersonalproperty.
3. Spreadinganyinfectionsamongcattle.
There is destruction of the property of another but
there is no misappropriation. Otherwise, it would be 4. Causing damage to the property of the
theftifhegatherstheeffectsofdestruction. National Museum or National Library, or
236

CRIMINALLAWTEAM:
to any archive or registry, waterworks, A: Included are stepfather, adopted children,

road,promenade,oranyotherthingused naturalchildren,concubine,andparamour.
incommonbythepublic.
Note:Art.332alsoappliestocommonlawspouses.
DAMAGEOROBSTRUCTIONTOMEANSOF
COMMUNICATION(Art.330) Exemptiondoesnotapplytostrangersparticipatingin
thecommissionofthecrime.
Q:Howisthiscrimecommitted?
Estafashouldnotbecomplexedwithanyothercrime
A: It is committed by damaging any railway, inorderforexemptiontooperate.
telegraphortelephonelines.
A.AntiFencingLaw(P.D.No.1612)
Q:Whatwouldqualifythiscrime?
Q:Whatisfencing?
A: If the damage results in any derailment of cars,
collision,orotheraccident. A:Fencingistheactofanypersonwho,withintent
togainforhimselforforanother,shallbuy,receive,
DESTROYINGORDAMAGINGSTATUTES,PUBLIC possess, keep, acquire, conceal, sell or dispose of,
MONUMENTSORPAINTINGS(Art.331) orshallbuyandsell,orinanyothermannerdealin
anyarticle,item,objectoranythingofvaluewhich
Q:Whoarepersonsliableforthiscrime? heknows,orshouldbeknowntohim,tohavebeen
derivedfromtheproceedsofthecrimeofrobbery
A: ortheft.(Sec.2[a])
1. Any person who shall destroy or damage
statutes or any other useful or Q:Whatistheessenceoffencing?
ornamentalpublicmonuments
2. Any person who shall destroy or damage A: To be liable for fencing, the offender buys or
any useful or ornamental painting of a otherwiseacquiresandthensellsordisposesofany
publicnature. objectofvaluewhichheknowsorshouldbeknown
to him to havebeen derived from the proceeds of
EXEMPTIONFROMCRIMINALLIABILITYINCRIMES thecrimeofrobberyortheft.(Caoitiv.CA,G.R.No.
AGAINSTPROPERTY 128369,Dec.22,1997)

PERSONSEXEMPTFROMCRIMINALLIABILITY Q:Whatisthenatureofthecrimeoffencing?
(Art.332)
A:Fencingisacrimeinvolvingmoralturpitude.
Q:Whatarethecrimesinvolvedinthisarticle?
Ratio:Infencing,actualknowledgeofthefenceofthe
fact that the property received is stolen, displays the

A:
samedegreeofmaliciousdeprivationofonesrightful
1. Theft propertyasthatwhichanimatedtherobberyortheft
2. Swindling(estafa) which by their very nature are crimes of moral
3. Maliciousmischief turpitude. (Dela Torre v. COMELEC, G.R. No. 121592,
July5,1996)
Q:WhoarethepersonsexemptedunderArt.332?
Q:Whoisafence?
A: The following persons are exempted from
criminalliability: A: A fence includes any person, firm, association,
1. Spouses,ascendantsanddescendants,or corporation or partnership or other organization
relativesbyaffinityinthesameline. who/whichcommitstheactoffencing.(Sec.2[b])
2. The widowed spouse with respect to the
propertywhichbelongedtothedeceased Q:Whataretheelementsoffencing?
spouse before the same passed into the
possessionofanother. A:
3. Brothers and sisters and brothersinlaw 1. A crime of robbery or theft has been
andsistersinlaw,iflivingtogether. committed.

Q:Whoareincludedintheenumeration? 2. Accused who is not a principal or
accomplice in the crime, buys, receives,
237

possesses, keeps, acquires, conceals, or consummated. (People v. De Guzman, G.R. No.
disposes, or buys and sells, or in any 77368,October5,1993)
manner deals in any article, item, object
or anything of value, which has been Q:Whatisthesimilarityoffenceandaccessoryin
derivedfromtheproceedsofthecrimeof thecrimesofrobberyortheft?
robberyortheft.
A:Thereisasimilarityinthesensethatalltheacts
3. Theaccusedknowsorshouldhaveknown ofonewhoisanaccessorytothecrimesofrobbery
that said article, item, object or anything ortheftareincludedintheactsdefinedasfencing.
of value has been derived from the In fact, the accessory in the crimes of robbery or
proceedsofthecrimeofrobberyortheft. theftcouldbeprosecutedassuchundertheRPCor
as a fence under P.D. 1612. (DizonPamintuan v.
4. There is, on the part of the accused, People,G.R.No.111426,July11,1994)
intenttogainforhimselforforanother.
Q: What are the distinctions between P.D. 1612
Note: Fencing under PD 1612 is a distinct crime from andArt.19par.1oftheRPC?
theftandrobbery.
A:
If the participant who profited is being prosecuted FENCING ACCESSORY
with the robber, the participant is prosecuted as an Fencingislimitedto
accessory. If he is being prosecuted separately, the theftandrobbery.The
person who partook of the proceeds is liable for termstheftandrobbery
fencing. areusedasageneric Notlimitedinscope
termtorefertoanykind
Q:Isfencingacontinuingoffense? ofunlawfultaking,not
justtheftorrobbery
A:Fencingisnotacontinuingoffense.Jurisdictionis Merepossessionof
Thereisnopresumption
with the court of the place where the personal stolenitemscreatesa
ofviolation.
property subject of the robbery or theft was presumptionoffencing.
possessed, bought, kept, or dealt with. The place Itisnecessarytoprove
where the theft or robbery was committed was Fencingisaprincipal thattheprincipal
inconsequential. crimeinitself.Assuch,it committedthecrime.
canstandonitsown. Hence,beforean
Q:Whendoesthepresumptionoffencingarise? Thereisnoneedto accessorycouldbeheld
provethatoneisguilty liable,theprincipalmust
oftheftorrobbery. havebeenconvictedfirst
A: The mere possession of any good, article, item,
ofthecrimecharged
object, or anything of value which has been the
Thepenaltyishigher
subject of robbery or thievery shall be prima facie Penaltyislessthanthat
thanthepenaltyofan
evidenceoffencing. imposedinfencing.
accessory.
Malumprohibitum and
Thepresumptiondoesnotoffendthepresumption Maluminseandtherefore
thereforethereisno
of innocence enshrined in the fundamental law. It thereisaneedtoprove
needtoprovecriminal
only shifted the burden of proof to the defense. criminalintent
intent.
Burdenofproofisuponthefencetoovercomethe Thefenceneednotbea
presumption. naturalpersonbutmay
beafirm,association,
E.g.Whenthepriceofanarticleiswaybelowordinary Naturalpersononly
corporationor
prices, this fact may serve as knowledge/notice that partnershiporother
the article was derived from the proceeds of theft or organization
robbery.
Q:Mayonewhoischargedasanaccessoryunder
Q:Whatdistinguishesfencingfromrobbery? Art.19par.1belikewisechargedunderP.D.1612
forthesameact?
A:Thelawonfencingdoesnotrequiretheaccused
to have participated in the criminal design to A:Yes.WhatisprohibitedundertheConstitutionis
commit,ortohavebeeninanywiseinvolvedinthe the prosecution of the accused twice for the same
commission of, the crime of robbery or theft. offense.
Neither is the crime of robbery or theft made to
dependonanactoffencinginorderthatitcanbe
238

CRIMINALLAWTEAM:
Note:TheStatemaychoosetoprosecutetheoffender Q: When is there prima facie evidence of

eitherundertheRPCorPD1612althoughpreference knowledgeofinsufficientfunds?
for the latter would seem inevitable considering that
fencing is a crime malum prohibitum, and PD 1612 A:
creates a presumption of fencing and prescribes a GR: There is a prima facie evidence of
higher penalty based on the value of the property. knowledgeofinsufficientfundswhenthecheck
(DizonPamintuanv.People,G.R.No.111426,July11, was presented within 90 days from the date
1994)
appearingonthecheckandwasdishonored.

Q: When does obtaining a clearance/permit to
XPN:
sell/used second hand articles exempt a person
1. When the check was presented after 90
frombeingliableunderantifencinglaw?
daysfromdate

A: All stores, establishments or entities dealing in 2. Whenthemakerordrawer:
thebuyandsellofanygood,articleitem,objectof
anything of value obtained from an unlicensed a. Pays the holder of the check the
dealerorsupplierthereof,shallbeforeofferingthe amountduewithinfivebankingdays
same for sale to the public, secure the necessary afterreceivingnoticethatsuchcheck
clearanceorpermitfromthestationcommanderof hasnotbeenpaidbythedrawee
the Integrated National Police in the town or city
where such store, establishment or entity is b. Makesarrangementsforpaymentin
located. The Chief of Constabulary/Director full by the drawee of such check
General, Integrated National Police shall withinfivebankingdaysafternotice
promulgatesuchrulesandregulationstocarryout ofnonpayment.
theprovisionsofthissection.Anypersonwhofails
to secure the clearance or permit required by this Q:Whatpenaltymaybeimposedbythejudgefor
sectionorwhoviolatesanyoftheprovisionsofthe violationofB.P.22?
rulesandregulationspromulgatedthereundershall
uponconvictionbepunishedasafence.(Sec.6) A:SCACNo.122000,asclarifiedbySCACNo.13
2001,establishedaruleonpreferenceinimposing
B.BouncingChecksLaw(B.P.Blg.22) the penalties. When the circumstances of the case
clearly indicate good faith or clear mistake of fact
Q:WhoareliableunderB.P.22? alone may be considered as the preferred penalty.
The determination of the circumstances that
warranttheimpositionoffinerestsupontrialjudge
A: only. Should the judge deem that imprisonment is
appropriate,suchpenaltymaybeimposed.
1. Any person who makes or draws and
issues any check to apply on account or Q:Isbeingafirsttimeoffenderthesolefactorfor
for value, knowing at the time of issue thepreferentialpenaltyoffinealone?
that he does not have sufficient funds in
or credit with the drawee bank for the A: No. This circumstance is however not the sole
payment of such check in full upon its factor in determining whether he deserves the
presentment, which check is preferred penalty of fine alone. The penalty to be
subsequently dishonored by the drawee imposeddependsonthepeculiarcircumstancesof
bankforinsufficiencyoffundsorcreditor each case. It is the trial courts decision to impose
would have been dishonored for the any penalty within the confines of the law. (SCAC
samereasonhadnotthedrawer,without No.132001)
any valid reason, ordered the bank to
stoppayment. Note: In the case of Eduardo Vaca v. CA, G.R. No.
2. Having sufficient funds in or credit with 131714, Nov. 16, 1998, and Rosa Lim v. People, G.R.
the drawee bank when he makes or No. 130038, Sept. 18, 2000, as well as in
draws and issues a check, shall fail to Administrative Circular No. 122000, the SC modified
keep sufficient funds or to maintain a the sentence imposed for violation of B.P. 22 by
credit to cover the full amount of the deleting the penalty of imprisonment and imposing
check if presented within a period of 90 only the penalty of fine in an amount double the
daysfromthedateappearingthereon,for amount of the check. However, by virtue of the
which reason it is dishonored by the passageofAdministrativeCircularNo.132001,theSC
explained that the clear tenor of Administrative
draweebank.(Sec.1)
239

CircularNo.122000isnottoremoveimprisonmentas original factoryinscribed serial number on the
an alternative penalty but to lay down a rule of motorvehicleengine,engineblockorchassisofany
preferenceintheapplicationofthepenaltiesprovided motor vehicle. Whenever any motor vehicle is
forinB.P.22. foundtohaveaserialnumberonitsmotorengine,
engineblockorchassiswhichisdifferentfromthat
Thus,AdministrativeCircularNo.122000establishesa which is listed in the records of the Bureau of
rule of preference in the application of the penal Customs for motor vehicles imported into the
provisions of B.P. 22 such that where the
Philippines, that motor vehicle shall be considered
circumstances of both the offense and the offender
tohaveadefacedortamperedwithserialnumber.
clearly indicates good faith or a clear mistake of fact
without taint of negligence, the imposition of fine

alone should be considered as the more appropriate Q:Whatisrepainting?
penalty. Needless to say, the determination of
whether the circumstances warrant the imposition of A: Repainting is changing the color of a motor
fine alone rests solely upon the judge. Should the vehicle by means of painting. There is repainting
judge decide that imprisonment is the more whenever the new color of a motor vehicle is
appropriate penalty, Administrative Circular No. 12 different from its color as registered in the Land
2000oughtnottobedeemedahindrance. TransportationCommission.

The discretion lies on the Court whether or not they Q:Whatisbodybuilding?
will impose the penalty of imprisonment in cases of
violationofBP22. A: "Bodybuilding" is a job undertaken on a motor
vehicle in order to replace its entire body with a
C.AntiCarnappingActof1972(R.A.6539) newbody.

(1)Definitionofterms Q:Whatisremodeling?

Q:Whatiscarnapping? A: "Remodeling" is the introduction of some
changes in the shape or form of the body of the
A:Carnappingisthetaking,withintenttogain,ofa motorvehicle.lawphi1
motor vehicle belonging to another without the
lattersconsent,orbymeansofviolenceagainstor Q:Whatisdismantling?
intimidation of person, or by using force upon
things. A:"Dismantling"isthetearingapart,piecebypiece
orpartbypart,ofamotorvehicle.
Note:Theovertactwhichisbeingpunishedunderthis
lawascarnappingisalsothetakingofamotorvehicle Q:Whatisoverhauling?
undercircumstancesoftheftorrobbery.

A: Overhauling" is the cleaning or repairing of the
Q:Whatisamotorvehicle?
whole engine of a motor vehicle by separating the

motor engine and its parts from the body of the
A: Motor vehicle" is any vehicle propelled by any
motorvehicle.
powerotherthanmuscularpowerusingthepublic
highways, but excepting road rollers, trolley cars, Q:Howiscarnappingcommitted?
streetsweepers, sprinklers, lawn mowers,
bulldozers,graders,forklifts,amphibiantrucks,and A:Itcanbecommittedintwoways:
cranes if not used on public highways, vehicles,
which run only on rails or tracks, and tractors, 1. When the subject matter is a motor
trailers and traction engines of all kinds used vehicle and the motor vehicle is
exclusivelyforagriculturalpurposes.Trailershaving unlawfullytakenthroughviolence,threat
anynumberofwheels,whenpropelledorintended orintimidation;
to be propelled by attachment to a motor vehicle,
shallbeclassifiedasseparatemotorvehiclewithno Illustration:
powerrating.lawphi1
Pedro is about to leave from UST. Upon
Q: What do you mean by defacing or tampering boarding his car, he was poked by X with a
withaserialnumber? gun.Xsubsequently,tookPedroscar.

A:"Defacingor tamperingwith"aserialnumberis 2. Inanyotherunlawfulmeans.
the erasing, scratching, altering or changing of the
240

CRIMINALLAWTEAM:
Illustration: Note: It shall be confiscated in favor of the

Government.
Pedro, a law student parked his car
somewhere. While attending his Criminal 2 Note: All owners of motor vehicles in all cities and
class,Pedroscarwastaken. municipalities are required to register their cars with
thelocalpolicewithoutpayinganycharges.
Note:Ineithercase,thetakingisalwaysunlawfulfrom
thebeginning. 2. Registrationofsale,transfer,conveyance,
substitution or replacement of a motor
Q:SupposePedrosdriverdroveawayhiscar,isit vehicleengine,engineblockorchassis.
carnapping?
Note: It shall be made with the Land Transportation
A:No.Thetakingofthevehicleisnotunlawfulfrom Commission.
thebeginningbecausethedriverwasauthorizedto
use the vehicle. The crime is qualified theft of a Motor vehicles assembled and rebuilt or repaired by
motorvehicleunderArticle310oftheRPC. replacementwithmotorvehicleengines,engineblocks
and chassis not registered with the Land
Note: If the motor vehicle was not taken by the Transportation Commission shall not be issued
offenderbutwasdeliveredbytheownerorpossessor certificates of registration and shall be considered as
to the offender, who thereafter misappropriated the untaxed imported motor vehicles or motor vehicles
same,thecrimeiseitherqualifiedtheftorestafa. carnappedorproceedingfromillegalsources.

Qualified theft of a motor vehicle is the crime if only
(3)Whoareliable
thematerialorphysicalpossessionwasyieldedtothe
offender; otherwise, if juridical possession was also

yielded,thecrimeisestafa. (a)Dutyofcollectorofcustoms

(2)Registration Q:Whatisthedutyofcollectorofcustoms?

Q:Inwhatinstancesisregistrationrequired? A: The Collector of Customs of a principal port of
entry where an imported motor vehicle, motor
A: vehicle engine, engine block chassis or body is
unloaded, shall, within 7 days after the arrival of
1. Registration of motor vehicle engine, the imported motor vehicle or any of its parts
engineblockandchassis enumeratedherein,makeareportoftheshipment
to the Land Transportation Commission, specifying
Note: Within one year after the approval of this Act, the make, type and serial numbers, if any, of the
every owner or possessor of unregistered motor motor vehicle engine, engine block and chassis or
vehicleorpartsthereofinknockdownconditionshall body, and stating the names and addresses of the
registerwiththeLandTransportationCommissionthe ownerorconsigneethereof.
following:
1. Motorvehicleengine Note:Ifthemotorvehicleengine,engineblock,chassis
2. Engineblock orbodydoesnotbearanyserialnumber,theCollector
3. Chassis of Customs concerned shall hold the motor vehicle
engine, engine block, chassis or body until it is
Q:Whoshallregister? numberedbytheLandTransportationCommission.

A:Theownerinhisnameorinthenameofthereal (b)Dutyofimporters,distributorsandsellers
ownerwhoshallbereadilyavailabletoanswerany
claim over the registered motor vehicle engine, Q:Whatisthedutyofimporters,distributorsand
engineblockorchassis. sellers?

Q: What is the effect if motor vehicle engines, A: Any person engaged in the importation,
engineblocksandchassisarenotregistered? distribution, and buying and selling of motor
vehicles, motor vehicle engines, engine blocks,
A:Itshallbeconsideredas: chassisorbody,shall:
1. Untaxedimportation 1. Keep a permanent record of his stocks,
2. Comingfromanillegalsource statingtherein:
3. Carnapped a. Their type, make and serial
numbers, and the names and
241

addresses of the persons from A:
whomtheywereacquiredand 1. Defacing or tampering with serial
b. Thenamesandaddressesofthe numbersofmotorvehicleengines,engine
persons to whom they were blocksandchassis.
sold,and 2. Carnapping
2. Renderanaccuratemonthlyreportofhis
transactionsinmotorvehiclestotheLand D.HumanSecurityActof2007(R.A.9372)
TransportationCommission.
Q:Whatarethepunishableactsofterrorism?
(c)Clearanceandpermit
A:
Q:Whenisclearanceandpermitrequired?
A: underanyofthefollowingprovisionsofthe:
1. For assembly or rebuilding of motor
vehicles. - Any person who shall a.RPC:
undertaketoassembleorrebuildorcause i. Piracy in General and Mutiny in the
the assembly or rebuilding of a motor HighSeasorinthePhilippineWaters
vehicle shall first secure a certificate of ii. RebellionorInsurrection
clearance from the Philippine iii. Coup d'etat, including acts committed
Constabulary byprivatepersons
iv. Murder
Note: That no such permit shall be issued v. Kidnapping and Serious Illegal
unless the applicant shall present a Detention
statement under oath containing the type, vi. CrimesInvolvingDestruction;or
make and serial numbers of the engine,
chassis and body, if any, and the complete b.SpecialPenalLaws:
listofthesparepartsofthemotorvehicleto i. TheLawonArson
be assembled or rebuilt together with the ii. Toxic Substances and Hazardous and
names and addresses of the sources
NuclearWasteControlActof1990
thereof.
iii. Atomic Energy Regulatory and Liability

Note: In the case of motor vehicle engines to be
Actof1968
mounted on motor boats, motor bancas and other iv. AntiHijackingLaw
lightwatervessels,theapplicantshallsecureapermit v. AntiPiracy and AntiHighway Robbery
from the Philippine Coast Guard, which office shall in Lawof1974and
turn furnish the Land Transportation Commission the vi. Decree Codifying the Laws on Illegal
pertinent data concerning the motor vehicle engines andUnlawfulPossession,Manufacture,
includingtheirtype,makeandserialnumbers. DealingIn,AcquisitionorDispositionof
Firearms,AmmunitionsorExplosives
2. Clearancerequiredforshipmentofmotor
vehicles, motor vehicle engines, engine Note:Theabovementionedactmust:
blocks, chassis or body Any person who 1. Sow and create a condition of widespread
owns or operates interisland shipping or andextraordinaryfearandpanicamongthe
any water transportation with launches, populace
boats,vesselsorshipsshallwithin7days 2. Coerce the government to give in to an
submit a report to the Philippine unlawfuldemand.(Sec.3)

Constabulary on all motor vehicle, motor
2. Persons who conspire to commit the crime of
vehicle engines, engine blocks, chassis or
terrorism.
bodies transported by it for the motor

vehicle, motor vehicle engine, engine
E.AntiArsonLaw(P.D.1613)
block, chassis or body to be loaded on
boardthelaunch,boatvesselorship.
Q:WhoareliableunderP.D.1613
(4)Punishableacts
A:Anypersonwho:
1. Burnsorsetsfiretothepropertyof
another
242

CRIMINALLAWTEAM:
2. Any person who person sets fire to his 4.Anyplantation,farm,pastureland,growing

ownpropertyundercircumstanceswhich crop, grain field, orchard, bamboo grove
expose to danger the life or property of orforest
another.(Sec.1)
5. Any rice mill, sugar mill, cane mill or mill

Q:Whenistheredestructivearson?
central
A:Whenthepropertyburnedis:
6.Anyrailwayorbusstation,airport,wharf
orwarehouse.(Sec.3)
1. Any ammunition factory and other
establishment where explosives,
Q: What are the aggravating circumstance under
inflammableorcombustiblematerialsare
P.D.1613?
stored.
A:
2. Any archive, museum, whether public or
private,oranyedificedevotedtoculture,
1.Ifcommittedwithintenttogain
educationorsocialservices.
2.Ifcommittedforthebenefitofanother
3. Any church or place of worship or other
buildingwherepeopleusuallyassemble.
3. If the offender is motivated by spite or
hatred towards the owner or occupant of the
4.Anytrain,airplaneoranyaircraft,vesselor
propertyburned
watercraft, or conveyance for
transportationofpersonsorproperty
4.Ifcommittedbyasyndicate
5.Anybuildingwhereevidenceiskeptforuse
Note:Theoffenseiscommittedbyasyndicateifitsis
in any legislative, judicial, administrative
plannedorcarriedoutbyagroupofthree(3)ormore
orotherofficialproceedings. persons.
6. Any hospital, hotel, dormitory, lodging If the foregoing circumstance(s) are present, the
house, housing tenement, shopping penalty shall be imposed to its maximum
center, public or private market, theater period.(Sec.4)
or movie house or any similar place or
building.
7.Anybuilding,whetherusedasadwellingor
not,situatedinapopulatedorcongested
area.(Sec.2)
Q:WhataretheothercasesofArson?
A:Whenthepropertyburnedis:
1. Any building used as offices of the

governmentoranyofitsagencies
2.Anyinhabitedhouseordwelling
3. Any industrial establishment, shipyard, oil

wellormineshaft,platformortunnel
243

XI.CRIMESAGAINSTCHASTITY Q: Is acquittal of one of the defendants operates
asacauseofacquittaloftheother?
Q:Whatareprivatecrimes?
A:No,becauseofthefollowingreasons:
A: The crimes of adultery, concubinage, seduction, 1. There may not be a joint criminal intent,
abduction and acts of lasciviousness are the so althoughthereisjointphysicalact.
called private crimes. They cannot be prosecuted
except upon the complaint initiated by the 2. Oneofthepartiesmaybeinsaneandthe
offendedparty. other sane, in which case, only the sane
couldbeheldliablecriminally.
Ratio: The law regards the privacy of the offended
partyhereasmoreimportantthanthedisturbanceto 3. Themanmaynotknowthatthewomanis
theorderofsociety.Thelawgivestheoffendedparty married, in which case, the man is
thepreferencewhethertosueornottosue. innocent.

But the moment the offended party has initiated the 4. Deathofthewomanduringthependency
criminalcomplaint,thepublicprosecutorwilltakeover of the action cannot defeat the trial and
andcontinuewithprosecutionoftheoffender.Thisis
convictionoftheman.
so because when the prosecution starts, the crime

alreadybecomespublicanditisbeyondtheoffended
partytopardontheoffender.
5. Even if the man had left the country and
could not be apprehended, the woman
ADULTERYANDCONCUBINAGE canbetriedandconvicted.

ADULTERY Q: What is the rationale of the law for penalizing
(Art.333) adultery?

Q:Whataretheelementsofadultery? A: The violation of the marriage vow seems to be
the fundamental ground for the punishment of
A: adultery and not the possibility of introducing an
1. Womanismarried offspringintothefamily.
2. Shehassexualintercoursewithamannot
Note:Evenamarriedwomanwhoduetoherage,can
herhusband
nolongerconceive,isliableforadultery.
3. As regards the man with whom she has

sexual intercourse, he must know her to Pardon must come before the institution of the
bemarried criminal prosecution. Both the offenders must be
pardonedbytheoffendedparty.
Note: For adultery toexist, there must be a marriage
althoughitbesubsequentlyannulled.However,evenif
Q: How is adultery distinguished from
the marriage of a guilty woman with the offended
prostitution?
party be subsequently declared void, there is still
adultery because until the marriage is declared to be

null and void by competent authority in a final A:
judgment, the offense to the vows taken and the ADULTERY PROSTITUTION
attacktothefamilyexist. Itisacrimeagainstpublic
Itisaprivateoffense.
morals.
Adultery is an instantaneous crime which is Committedbyawoman
consummated and completed at the moment of the whethermarriedornot, Committedbyamarried
carnalunion. whoformoneyorprofit, womanwhoshallhave
habituallyindulgesin intercoursewithaman
A single intercourse consummates the crime of sexualintercourseor notherhusband.
adultery. Each sexual intercourse constitutes a crime lasciviousconduct.
ofadultery,evenifitinvolvesthesameman.
CONCUBINAGE
There is no frustrated adultery because of the nature (Art.334)
oftheoffense.
Abandonment without justification is not exempting,
butonlymitigatingcircumstance. A:
1. Keepingamistressintheconjugaldwelling.
244

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Chastity
2. Having sexual intercourse, under Illustration:

scandalous circumstances, with a woman
whoisnothiswife. If the charge is cohabiting with a woman not his
3. Cohabitingwithherinanyotherplace. wife in any other place, proof of actual sexual
intercoursemaynotbenecessarytoo.Buttheterm
Note: Unlike in adultery where a single sexual cohabit means intercourse together as husband
intercourse may constitute such a crime, in orwifeorlivingtogetherashusbandandwife.The
concubinage, a married man is liable only when he cohabitationmustbeforsomeperiodoftimewhich
doestheaboveacts. may be a week, a year or longer as distinguished
from occasional or transient meetings for unlawful
Q:Whataretheelementsofconcubinage? sexualintercourse.

A: Q: May a husband be liable for concubinage and
1. Manmustbemarried. adulteryatthesametimeforthesameactofillicit
intercoursewiththewifeofanotherman?
2. Hecommittedanyofthefollowingacts:
a. Keeping a mistress in the conjugal A: Yes, when the husband commits concubinage
dwelling;or with a married woman and provided that the two
b. Having sexual intercourse, under offended parties, i.e., his wife and the husband of
scandalous circumstances, with a hismistressfileseparatecasesagainsthim.
womanwhoisnothiswife;or
c. Cohabiting with her in any other ACTSOFLASCIVIOUSNESS
place.
Q: What are the two kinds of acts of
3. As regards the woman, she must know lasciviousness?
himtobemarried.
A:Actsoflasciviousness:
Q:Whoisincludedinthecomplaint? 1. UnderArticle336(Actsoflasciviousness)
2. Under Article 339 (Acts of lasciviousness
A: The complaint must include both parties if they withtheconsentoftheoffendedparty)
are both alive. In case of pardon or when the
offendedspouseconsented,thesameshallbarthe ACTSOFLASCIVIOUSNESS
prosecution of the offenses, provided it be done (Art.336)
beforetheinstitutionorfilingofcriminalcomplaint.
Only the offended spouse can bring the
prosecution. A:
1. Offender commits any act of
Thisisacrimecommittedbythemarriedman,the lasciviousnessorlewdness.
husband.Similarly,itincludesthewomanwhohad 2. Actoflasciviousnessiscommittedagainst
arelationshipwiththemarriedman. apersonofeithersex.
3. It is done under any of the following
Note: Concubinage involves moral turpitude. circumstances:
Concubinageisacontinuingcrime. a. Byusingforceorintimidation;
b. Whentheoffendedpartyisdeprived
Illustration:
ofreasonorotherwiseunconscious;
c. By means of fraudulent machination

If the charges consist in keeping a mistress in the
conjugal dwelling, there isnoneed ofproof ofsexual
orgraveabuseofauthority;
intercourse.Theconjugaldwellingisthehouseofthe d. Whentheoffendedpartyisunder12
spouses even if the wife happens to be temporarily yearsofageorisdemented.
absent therefrom. The woman however must be
brought to the conjugal house by the accused as Note: Under Art. 336, acts of lasciviousness is
concubine to fall under this article. Thus, if the co committed when the actperformedwithlewd design
accused was voluntarily taken and sheltered by the was perpetrated under circumstances which would
spouses in their house, and treated as an adopted have brought about the crime of rape if sexual
childbeingarelativeofthecomplainingwife,herillicit intercoursewaseffected.
relationswiththeaccusedhusbanddoesnotmakeher
amistress.

245

Illustration: Illustration:

When the accused not only kissed and embraced the Thus, when the accused lifted the dress of the
complainant but also fondled her breast with offended party, and placed himself on top of her but
particular design to independently derive vicarious thewomanawokeandscreamedforhelpanddespite
pleasuretherefrom,theelementoflewddesignexists. that,theaccusedpersistedinhispurpose,tearingthe
drawers,kissingandfondlingherbreasts,thecrimeis
Iflewddesigncannotbeprovenaswheretheaccused not only acts of lasciviousness but that of attempted
merely kissed and embraced the complainant either rape.
outofpassionorothermotive,touchingherbreastas
a mere incident, the act would be categorized as SEDUCTION,CORRUPTIONOFMINORSAND
unjustvexation.(Peoplev.Climaco,46O.G.3186) WHITESLAVETRADE

Q:Whomaybetheoffendedparty? SEDUCTION

A:Theoffendedpartymaybeamanorawoman: Q:Howisseductioncommitted?
1. Under12yearsofage;or
2. Beingover12yearsofage,thelascivious A:Seductioniscommittedbyenticingawomanto
acts were committed on him or her unlawfulsexualintercoursebypromiseofmarriage
throughviolenceorintimidation,orwhile orothermeansofpersuasionwithoutuseofforce.
the offender party was deprived of
reason,orotherwiseunconscious. QUALIFIEDSEDUCTION
(Art.337)
Q:Whatisrequiredinordertosustainconviction
foractsoflasciviousness? Q: What are the acts that constitute qualified
seduction?
A: It is essential that the acts complained of be
prompted by lust or lewd designs and that the A:
victimdidnotconsentorencouragesuchacts. 1. Seduction of a virgin over 12 years and
under18yearsofagebycertainpersons,
Q:Isintenttorapeanelementofthecrime? such as, a person in authority, priest,
teacher,etc.;and
A:Intenttorapeisnotanecessaryelementofthe
crime of acts of lasciviousness; otherwise, there Elements:
wouldbenocrimeofattemptedrape. a. Offended party is a virgin which is
presumedifsheisunmarriedandof
Note: There can be no frustration of acts of goodreputation
lasciviousness,orrapeorofadultery. b. fSheisover12andunder18yearsof
age
Ratio: From the moment the offender performs all c. Offender has sexual intercourse
elementsnecessaryfortheexistenceofthefelony,he
withher
actuallyattainshispurposeand,fromthatmoment,all
d. There is abuse of authority,
the essential elements of the offense have been
accomplished.
confidence or relationship on the
partoftheoffender
Q: What are the distinctions between acts of
lasciviousnessandattemptedrape? 2. Seduction of a sister by her brother, or
descendant by her ascendant, regardless
A: ofherageorreputation.
ACTSOF
ATTEMPTEDRAPE Note: In this case, it is not necessary that
LASCIVIOUSNESS
Purposeisonlyto theoffendedpartyisstillavirgin.
Purposeistoliewiththe
commitactsof
offendedwoman. Q: Who are the persons liable for qualified
lewdness.
Lasciviousactsare seduction?
Lasciviousactsarebutthe
themselvesthefinal
preparatoryactstothe A:
objectivesoughtby
commissionofrape. 1. Thosewhoabusedtheirauthority:
theoffender.
a. Personinpublicauthority
b. Guardian
246

CRIMINALLAWTEAM:
c. Teacher relations with other men, there can be no crime of

d. Person who, in any capacity, is Seductionassheisnotavirgin.
entrusted with the education or
custodyofthewomanseduced SIMPLESEDUCTION
(Art.338)
2. Thosewhoabusedconfidencereposedin
them: Q:Whataretheelementsofsimpleseduction?
a. Priest
b. Houseservant A:
c. Domestic 1. Offended party is over 12 and under 18
yearsofage.
Illustration: 2. Shemustbeofgoodreputation,singleor
widow.
Wherethecomplainantwhois16yearsold 3. Offenderhassexualintercoursewithher.
livesinthesamehousewheretheaccused, 4. Itiscommittedbymeansofdeceit.
her uncle, also lives, the latter is guilty of
Qualified Seduction when he had sexual Note:Virginityofoffendedpartyisnotrequired.
intercoursewithherwithconsentsinceheis
considered a domestic. (People v. The deceit generally takes form of an unfulfilled
Subingsubing, G.R. Nos. 10494243 Nov.25, promise to marry, and this promise need not
1993) immediatelyprecedethesexualact.

A domestic is applied to a person usually ACTSOFLASCIVIOUSNESSWITHTHECONSENTOF
livingunderthesameroof,pertainingtothe THEOFFENDEDPARTY(Art.339)
samehouse,andconstitutinginthissensea
partthereof,distinguishingitfromtheterm Q:Whataretheelementsofthiscrime?
servant.(Peoplevs.Alvarez,55SCRA92)

A:
3. Thosewhoabusedtheirrelationship:
1. Offender commits acts of lasciviousness
a. Brotherwhoseducedhissister
orlewdness.
b. Ascendant who seduced his

descendant
2. Actsarecommitteduponawomanwhois
virgin or single or widow of good

Note: Qualified seduction involves sexual intercourse
reputation, under 18 years of age but
which was done with the consent of the woman;
otherwise, the crime is rape. The offended woman
over 12 years, or a sister or descendant
mustbeover12butbelow18years. regardlessofherreputationorage.

Although in qualified seduction, the age of the 3. Offender accomplishes the acts by abuse
offendedwomanisconsidered,iftheoffendedpartyis of authority, confidence, relationship, or
a descendant or a sister of the offender no matter deceit.
how old she is or whether she is a prostitute the
crimeofqualifiedseductioniscommitted. 4. Malecannotbetheoffendedpartyinthis
crime.
Deceitisnotnecessaryinqualifiedseduction.
Note: In other words, where the acts of the offender
Q:Whatisthemeaningofvirginityforpurposesof werelimitedtoactsoflewdnessorlasciviousness,and
qualifiedseduction? no carnal knowledge was had, but had there been
sexual intercourse, the offense would have been
A: Virginity does not mean physical virginity. It seduction,he isguilty of Acts ofLasciviousnessunder
refers to a woman of chaste character or virtuous thisarticle.
womanofgoodreputation.
Q:DistinguishActsoflasciviousnessunderArt.336
Note:Virginityisnottobeunderstoodinsoamaterial fromArt.339.
senseastoexcludetheideaofabductionofavirtuous
womanofagoodreputation.Thus,whentheaccused A:
claims he had prior sexual intercourse with the ARTICLE336 ARTICLE339
complainant,thelatterisstilltobeconsideredavirgin. Theactsarecommitted Theactsoflasciviousness
But if it was established that the girl had carnal undercircumstances arecommittedunderthe
whichhadtherebeen circumstanceswhichhad
247

carnalknowledge,would therebeencarnal Maynotnecessarilybe
Generallyforprofit
amounttorape. knowledge,would forprofit
amounttoeither Committedbyasingle Generally,committed
qualifiedseductionor act habitually
simpleseduction.
Theoffendedparty Theoffendedparty ABDUCTION
isafemaleormale shouldonlybefemale
Q:Whatisabduction?
CORRUPTIONOFMINORS
(Art.340,asamendedbyB.P.92) A: Abduction is the taking away of a woman from
her house or the place where she may be for the
Q:Whoarethepersonsliableunderthisarticle? purposeofcarryinghertoanotherplacewithintent
tomarryortocorrupther.
A: Any person who shall promote or facilitate the
prostitution or corruption of persons under age to Q:Whatarethekindsofabduction?
satisfythelustofanother.
A:
Q:Isitnecessarythatunchasteactsaredone? 1. Forcibleabduction(Art.342)
2. Consentedabduction(Art343)
A:No.Mereproposalconsummatestheoffense.
Q:Whatareelementsofforcibleabduction?
Note: Victim must be of good reputation, not a
prostituteorcorruptedperson. A:
1. Person abducted is any woman,
Underthepresentwordingsofthelaw,asingleactof regardless of her age, civil status, or
promotingorfacilitatingthecorruptionorprostitution reputation
of minor is sufficient to constitute violation of this
article. 2. Abductionisagainstherwill

Illustration:
3. Abductioniswithlewddesigns

Thisisusuallytheactofapimpwhoofferstopleasure
Note:Ifthefemaleabductedisunder12yearsofage,
seekers, women for the satisfaction of their lustful
thecrimeisforcibleabduction,evenifshevoluntarily
desires. A mere proposal would consummate the
goeswithherabductor.
crime.Butitmustbetosatisfythelustofanother,not

his(proponents).Thevictimmustbebelow18.
Wherelewddesignwasnotprovedorshown,andthe

victim was deprived of her liberty, the crime is
WHITESLAVETRADE kidnapping with serious illegal detention under Art.
(Art.341) 267.

Q:Whatarethepunishableacts? Illustration:

A: If the accused carried or took away the victim by
1. Engaginginthebusinessofprostitution means of force and with lewd design and thereafter
raped her, the crime is forcible abduction with rape,
2. Profitingbyprostitution the former being a necessary means to commit the
latter. The subsequent 2 other sexual intercourses
3. Enlisting the service of women for the committed against the will of the complainant would
purposeofprostitution be treated as independent separate crimes of Rape.
(Peoplev.Bacalso,G.R.No.9453132,June22,1992)
Q: What are the distinctions between corruption
ofminorsandwhiteslavetrade? Q:Issexualintercoursenecessary?

A: A: Sexual intercourse is not necessary in forcible
CORRUPTIONOF abduction,theintenttoseduceagirlissufficient.
WHITESLAVETRADE
MINORS
Itisessentialthat Minoritynotneednotbe Note:Thereisnocomplexcrimeofforcibleabduction
victimsareminors established with attempted rape because the attempt to rape is
Victimsareofeithersex Victimsarefemales absorbedbytheabduction.

248

CRIMINALLAWTEAM:
Q: What are the elements of consented namedabove.

abduction? Pardon
Anexpresspardonbythe
A: offendedpartyorother
1. Offendedpartymustbeavirgin. personsnamedinthelawto
theoffender,asthecasemay
2. She must be over 12 and under 18 years be,barsprosecution.
ofage.
GR:Parentcannotvalidly
Mustbemadebythe
3. Taking away of the offended party must grantpardontotheoffender
offendedpartyto
be with her consent, after solicitation or withouttheexpresspardon
boththeoffenders.
ofthegirl.
cajoleryfromtheoffender.

Maybeabarto
XPN:Whensheisdeador
4. Taking away of the offended party must prosecutionifmade
otherwiseincapacitatedto
bewithlewddesigns. beforetheinstitution
grantit,thatherparents,
ofthecriminalaction.
grandparentsorguardian
Illustration:
maydosoforher.
Maybeexpressor

If the offended party is under 12 years of age, crime implied.
GR:Pardonbytheoffended
committedisforcibleabduction,evenifthegirlagrees
partywhoisaminormust
totheelopement. havetheconcurrenceof
parents.
In consented abduction, it is not necessary that the
young victim (a virgin over twelve and under 18) be XPN:Whentheoffendedgirl
personally taken from her parents home by the hasnoparentswhocould
accused; it is sufficient that he was instrumental in concurinthepardon.
leaving the house. He must however use solicitation,
cajoleryordeceit,orhoneyedpromisesofmarriageto
Note: Both the guilty parties, if both alive must be
inducethegirltoescapefromherhome.
includedinthecomplaintforadulteryorconcubinage.

Ratio:Actually,thepurposeofthelawisnottopunish GR:Offendedparty,evenifaminor,hastheright
thewrongdonetoher,becausesheconsentedthereto to institute the prosecution for the above
but to prescribe punishment for the disgrace of her mentionedoffenses,independentlyofherparents,
family and the alarm caused to the parents by the grandparentsorguardian.
disgrace of a beloved onewho by her age and sex, is

susceptibleofdeceit,cajoleryandevenperdition.(U.S.
XPN:Ifsheisincompetentorincapableofdoingso
v.Reyes,20Phil.510)
upongroundsotherthanherminority.

PROVISIONSRELATIVETOTHEPRECEDING Iftheoffendedwomanisofage,sheshouldbetheone
CHAPTERSOFTITLEELEVEN tofilethecomplaint.

PROSECUTIONOFTHECRIMESOFADULTERY, Q: Who may file the complaint where offended
CONCUBINAGE,SEDUCTION,ABDUCTION,RAPE, minorfailstofilethesame?
ANDACTSOFLASCIVIOUSNESS
A:
Q: Distinguish adultery and concubinage visvis 1. Parents
seduction, abduction, rape and acts of 2. Grandparents
lasciviousness. 3. Guardian

A: Note: Right to file the action granted to the parents,
SEDUCTION,ABDUCTION, grandparentsorguardianisexclusiveandsuccessivein
ADULTERYAND
RAPEORACTSOF theorderprovided.
CONCUBINAGE
LASCIVIOUSNESS
Prosecution Q: What is the legal effect of the marriage of the
Mustbeprosecutedupon offenderandtheoffendedparty?
Mustbeprosecuted complaintsignedby:
uponcomplaint 1. Offendedparty A: Marriage of the offender with the offended
signedbythe 2. Herparents partyinseduction,abduction,actsoflasciviousness
offendedspouse 3. Grandparents,or andrape,extinguishescriminalactionorremitsthe
4. Guardiansintheorder penaltyalreadyimposed.
249

CIVILLIABILITYOFPERSONSGUILTYOFCRIMES similar activity with or without
AGAINSTCHASTITY consideration
3. Tosellordistribute,orcausetobesoldor
Q: What is the civil liability of persons guilty of distributed, such photo or video or
rape,seductionorabduction? recordingofsexualact,whetheritbethe
originalcopyorreproductionthereof;or
A: 4. To publish or broadcast, or cause to be
1. Toindemnifytheoffendedwoman published or broadcast, whether in print
2. To acknowledge the offspring, unless the or broadcast media, or show or exhibit
lawshouldpreventhimfromdoingso thephotoorvideocoverageorrecordings
3. Ineverycasetosupporttheoffspring of such sexual act or any similar activity
through VCD/DVD, internet, cellular
Q: What is the civil liability of the adulterer and phones and other similar means or
theconcubine? device.

A: To indemnify for damages caused to the Note:Theprohibitionunderparagraphs(2),(3)and(4)
offendedspouse. shall apply notwithstanding that consent to record or
takephotoorvideocoverageofthesamewasgivenby
Note: No civil liability is incurred for acts of suchperson/s.Anypersonwhoviolatesthisprovision
lasciviousness. shallbeliableforphotoorvideovoyeurismasdefined
herein.
Q: What is the liability of ascendants, guardians,
teachers or other persons entrusted with the B.SpecialProtectionofChildrenAgainstChild
custodyoftheoffendedparty? Abuse,Exploitation,andDiscriminationAct
A: Persons who cooperate as accomplices but are
punishedasprincipalsinrape,seduction,abduction (1)ChildProstitutionandotheractsofabuse
etc.Theyare:
1. Ascendants Q:Whatarethepunishableacts?
2. Guardians
3. Curators A:ThePunishableactsaretheff:
4. Teachers
5. Any other person who cooperates as 1. Those who engage in or promote,
accomplice with abuse of authority or facilitate or induce child prostitution
confidentialrelationship whichinclude,butarenotlimitedto,the
following:
A.AntiPhotoandVideoVoyeurismActof2009
(R.A.9995) a. Acting as a procurer of a child
prostitute
Q:WhataretheprohibitedactsunderR.A.9995
b. Inducingapersontobeaclientofa
A: child prostitute by means of written
or oral advertisements or other
1. To take photo or video coverage of a similarmeans
person or group of persons performing
sexual act or any similar activity or to c. Taking advantage of influence or
captureanimageoftheprivateareaofa relationship to procure a child as
person/s such as the naked or prostitute
undergarment clad genitals, public area,
buttocks or female breast without the d. Threatening or using violence
consent of the person/s involved and towards a child to engage him as a
under circumstances in which the prostitute
person/s has/have a reasonable
expectationofprivacy e. Givingmonetaryconsiderationgoods
2. To copy or reproduce, or to cause to be orotherpecuniarybenefittoachild
copied or reproduced, such photo or with intent to engage such child in
video or recording of sexual act or any prostitution

250

CRIMINALLAWTEAM:
2. Those who commit the act of sexual whenthevictimisunder

intercourse of lascivious conduct with a 12yearsofage
child exploited in prostitution or subject
toothersexualabuse Note: The penalty for
lascivious conduct when
Note: Provided, That when the victims is the victim is below 12
under12yearsofage,theperpetratorsshall years old shall be
beprosecutedunderArticle335,paragraph reclusion temporal in its
3,forrapeandArticle336ofActNo.3815, medium period. (Sec. 5,
asamended,theRPC,forrapeorlascivious RA7610)
conduct,asthecasemaybe.
(2)Obscenepublicationsandindecentshows
Provided, That the penalty for lascivious
conduct when the victim is under 12 years Q: How are obscene publications and indecent
of age shall be reclusion temporal in its showscommitted?
mediumperiod
A: Any person who shall hire, employ, use,
3. Those who derive profit or advantage persuade, induce or coerce a child to perform in
therefrom,whetherasmanagerorowner obscene exhibitions and indecent shows, whether
of the establishment where the liveorinvideo,ormodelinobscenepublicationsor
prostitution takes place, or of the sauna, pornographic materials or to sell or distribute the
disco, bar, resort, place of entertainment saidmaterials.
or establishment serving as a cover or
which engages in prostitution in addition If the child used as a performer, subject or
to the activity for which the license has seller/distributor is below 12 years of age, the
beenissuedtosaidestablishment. penalty shall be imposed in its maximum period.
(Sec.9)
Q: When is there an attempt to commit Child
Prostitution? C.AntiTraffickinginPersonsActof2003
(R.A.9208)
A:Thereisanattempttocommitchildprostitution
when: Note:Traffickedpersonsshallberecognizedasvictims
oftheactoractsoftraffickingandassuchshallnotbe
1. Anypersonwho,notbeingarelativeofa penalized for crimes directly related to the acts of
child, is found alone with the said child trafficking enumerated in this Act or in obedience to
insidetheroomorcubicleofahouse,an theordermadebythetraffickerinrelationthereto.In
inn, hotel, motel, pension house, this regard, the consent of a trafficked person to the
apartelle or other similar establishments, intended exploitation set forth in this Act shall be
irrelevant.(Sec.17)
vessel, vehicle or any other hidden or
secludedareaundercircumstanceswhich
would lead a reasonable person to Q:WhatarethepunishableactsunderR.A.9208?
believe that the child is about to be
exploitedinprostitutionandothersexual A: It shall be unlawful for any person, natural or
abuse. juridical,tocommitanyofthefollowingacts:

2. Any person is receiving services from a 1. To recruit, transport, transfer; harbor,
child in a sauna parlor or bath, massage provide, or receive a person by any
clinic, health club and other similar means, including those done under the
establishments. pretext of domestic or overseas
employment or training or
Q:Whatisthedifferencebetweenprosecutionfor apprenticeship, for the purpose of
acts of lasciviousness under Art. 336, RPC and RA prostitution, pornography, sexual
7610? exploitation, forced labor, slavery,
involuntaryservitudeordebtbondage
A: 2. Tointroduceormatchformoney,profit,
Art.336RPC RA7610 or material, economic or other
Shallbepunishedby Thepenaltyshallbe1
consideration,anypersonor,asprovided
prisioncorreccional degreehigherthanthat
forunderRA.6955,anyFilipinowomanto
penaltyimposedbylaw
251

a foreign national, for marriage for the which the woman or her child has the
purpose of acquiring, buying, offering, right to desist from or desist from
selling or trading him/her to engage in conduct which the woman or her child
prostitution, pornography, sexual has the right to engage in, or attempting
exploitation, forced labor, slavery, to restrict or restricting the woman's or
involuntaryservitudeordebtbondage her child's freedom of movement or
3. To offer or contract marriage, real or conduct by force or threat of force,
simulated, for the purpose of acquiring, physical or other harm or threat of
buying, offering, selling, or trading them physical or other harm, or intimidation
to engage in prostitution, pornography, directedagainstthewomanorchild.This
sexual exploitation, forced labor or shall include, but not limited to, the
slavery, involuntary servitude or debt following acts committed with the
bondage purpose or effect of controlling or
4. Toundertakeororganizetoursandtravel restricting the woman's or her child's
plans consisting of tourism packages or movementorconduct:
activities for the purpose of utilizing and
offering persons for prostitution, a. Threatening to deprive or actually
pornographyorsexualexploitation depriving the woman or her child of
5. Tomaintainorhireapersontoengagein custodytoher/hisfamily
prostitutionorpornography
6. To adopt or facilitate the adoption of b. Depriving or threatening to deprive
persons for the purpose of prostitution, the woman or her children of
pornography, sexual exploitation, forced financial support legally due her or
labor, slavery, involuntary servitude or her family, or deliberately providing
debtbondage the woman's children insufficient
7. To recruit, hire, adopt, transport or financialsupport
abduct a person, by means of threat or
use of force, fraud, deceit, violence, c. Depriving or threatening to deprive
coercion, or intimidation for the purpose the woman or her child of a legal
of removal or sale of organs of said right
person
8. To recruit, transport or adopt a child to d. Preventingthewomaninengagingin
engage in armed activities in the any legitimate profession,
Philippinesorabroad.(Sec.4) occupation, business or activity or
controlling the victim's own money
D.AntiViolenceagainstWomenandtheir or properties, or solely controlling
ChildrenActof2004(R.A.9262) the conjugal or common money, or
properties
6. Inflicting or threatening to inflict physical
A: The crime of violence against women and their harm on oneself for the purpose of
controllingheractionsordecisions
childreniscommittedthroughanyofthefollowing

acts: 7. Causing or attempting to cause the
woman or her child to engage in any
1. Causing physical harm to the woman or sexual activity which does not constitute
herchild rape,byforceorthreatofforce,physical
harm, or through intimidation directed
2. Threatening to cause the woman or her againstthewomanorherchildorher/his
childphysicalharm immediatefamily

3. Attempting to cause the woman or her 8. Engaging in purposeful, knowing, or
childphysicalharm reckless conduct, personally or through
another,thatalarmsorcausessubstantial
4. Placingthewomanorherchildinfearof emotionalorpsychologicaldistresstothe
imminentphysicalharm womanorherchild.Thisshallinclude,but
notbelimitedto,thefollowingacts:
5. Attempting to compel or compelling the
womanorherchildtoengageinconduct
252

CRIMINALLAWTEAM:
a. Stalking or following the woman or c. The above acts would result in an

herchildinpublicorprivateplaces intimidating, hostile, or offensive
environmentfortheemployee.
b. Peering in the window or lingering
outside the residenceof the woman 2. Inaneducationortrainingenvironment,
orherchild sexualharassmentiscommitted:

c. Enteringorremaininginthedwelling
a. Against one who is under the care,
oronthepropertyofthewomanor
custody or supervision of the
herchildagainsther/hiswill
offender

b. Against one whose education,
d. Destroying the property and
training, apprenticeship or tutorship
personal belongings or inflicting
isentrustedtotheoffender
harm to animals or pets of the
c. When the sexual favor is made a
womanorherchild
condition to the giving of a passing

grade,orthegrantingofhonorsand
e. Engaging in any form of harassment
scholarships, or the payment of a
orviolence;
stipend,allowanceorotherbenefits,

privileges,orconsiderations;or
9.Causing mental or emotional anguish, d. When the sexual advances result in
public ridicule or humiliation to the an intimidating, hostile or offensive
woman or her child, including, but not environmentforthestudent,trainee
limitedto,repeatedverbalandemotional orapprentice.
abuse, and denial of financial support or
custodyofminorchildrenofaccesstothe
woman'schild/children.(Sec.5) Note: Any person who directs or induces another to
commit any act of sexual harassment as herein

defined,orwhocooperatesinthecommissionthereof
E.AntiSexualHarassmentActof1995
by another without which it would not have been
(R.A.7877) committed, shall also be held liable under this Act.
(Sec.3)
Q.WhatarethepunishableactsunderRA7887?

A.
1. In a workrelated or employment
environment, sexual harassment is
committedwhen:
a. The sexual favor is made as a

condition in the hiring or in the
employment, reemployment or
continued employment of said
individual, or in granting said
individual favorable compensation,
terms, conditions, promotions, or
privileges;ortherefusaltograntthe
sexual favor results in limiting,
segregating or classifying the
employee which in a way would
discriminate, deprive or diminish
employment opportunities or
otherwise adversely affect said
employee
b. The above acts would impair the
employeesrightsorprivilegesunder
existinglaborlaws;or
253

XII.CRIMESAGAINSTCIVILSTATUS andonthedayofthesupposeddelivery,takesthe
childofanotherasherown.
SIMULATIONOFBIRTHSANDUSURPATIONOF
CIVILSTATUS Note: Simulation which is a crime is that which alters
thecivilstatusofaperson.
SIMULATIONOFBIRTHS,SUBSTITUTIONOFONE
CHILDFORANOTHERANDCONCEALMENTOR Physicianorsurgeonorpublicofficerwhocooperates
ABANDONMENTOFALEGITIMATECHILD intheexecutionofthecrimeisalsoliable.
(Art.347)
USURPATIONOFCIVILSTATUS
Q:Whatarethepunishableacts? (Art.348)

A: Q:Howisthiscrimecommitted?
1. Simulationofbirths
2. Substitutionofonechildforanother A: It is committed when a person represents
3. Concealing or abandoning any legitimate himself to be another and assumes the filiation or
child with intent to cause such child to the parental or conjugal rights of such another
loseitscivilstatus. person.

Q:Whataretheelementsofsimulationofbirths? Q:Whatdoescivilstatusinclude?

A: A: Civil status includes ones public station or the
1. The child is baptized or registered in the rights, duties, capacities and incapacities which
registryofbirthastheoffenders determineapersontoagivenclass.
2. Thechildlosesitsrestatusandacquiresa
newone Note:Theremustbeintenttoenjoytherightsarising
3. The offenders spouse was to cause the fromthecivilstatusofanother.
loss of any trace as to the childs true
filiation Q:Whatwouldqualifythiscrime?

Q: What are the elements of concealing or A:Ifthepurposeistodefraudoffendedpartiesand
abandoning any legitimate child with intent to heirs.
causesuchchildtoloseitscivilstatus?
ILLEGALMARRIAGES
A:
1. Thechildmustbelegitimate BIGAMY
2. The offender conceals or abandons such (Art.349)
child
3. The offender has the intent to cause the Q:Whataretheelementsofbigamy?
childtoloseitscivilstatus
A:
Note: The fact that child will be benefited by 1. Offenderhasbeenlegallymarried
simulation of birth is not a defense since it creates a 2. Marriage has not been legally dissolved
false status detriment of members of the family to or,incasehisorherspouseisabsent,the
whichthechildisintroduced. absentspousecouldnotyetbepresumed
deadaccordingtotheNewCivilCode
A fatherwhosells child isnot liableunder this article 3. He contracts a second or subsequent
since there is no abandonment. The object of the marriage
crime under Art 347 is the creation or the causing of 4. Second or subsequent marriage has all
thelossofcivilstatus. theessentialrequisitesforvalidity

The woman who has given birth and the one who Note: Validity of second marriage is a prejudicial
furnishesthechildarebothliableasprincipals. questiontoliabilityforbigamy.

Q:Whendoessimulationofbirthtakeplace? Nullityofthefirstmarriageisnotadefenseinbigamy

A:Simulationofbirthtakesplacewhenthewoman Bigamyisnotaprivatecrime
pretends to be pregnant when in fact she is not,
254

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Civil Status
Apersonconvictedforbigamymaystillbeprosecuted Q:Whatwouldqualifythiscrime?
forconcubinage.
A: If either of the contracting parties obtains the
Q: Is a judicial declaration of nullity of marriage consent of the other by means of violence,
necessary? intimidationorfraud.

A: Note:Offendermustnotbeguiltyofbigamy.
GR:Ajudicialdeclarationofnullityofaprevious
marriage is necessarybeforeasubsequent one Conviction of a violation of Art. 350 involves moral
canbelegallycontracted.Onewhoentersintoa turpitude.
subsequent marriage without first obtaining
suchjudicialdeclarationisguiltyofbigamy.This PREMATUREMARRIAGES
principle applies even if the earlier union is (Art.351)
characterizedbystatutesas"void."(Mercadov.
Tan,G.R.No.137110,Aug.1,2000) Q:Whoarethepersonsliable?

XPN: Where no marriage ceremony at all was A:
performed by a duly authorized solemnizing 1. Widowwhomarriedwithin301daysfrom
officer.(Morigov.PeopleG.R.No.145226,Feb. the date of thedeath of her husband, or
6,2004) beforehavingdeliveredifsheispregnant
atthetimeofhisdeath.
Illustration:
2. Woman whose marriage having been
The mere private act of signing a marriage contract annulledordissolved,marriedbeforeher
bears no semblance to a valid marriage and thus, delivery or before the expiration of the
needsnojudicialdeclarationofnullity.Suchactalone, period of 301 days after the date of the
without more, cannot be deemed to constitute an legalseparation.
ostensiblyvalidmarriageforwhichpetitionermightbe
heldliableforbigamyunlesshefirstsecuresajudicial Note: Period of 301 days may be disregarded if the
declarationofnullitybeforehecontractsasubsequent first husband was impotent or sterile. Period of 301
marriage. (Morigo v. People, G.R. No. 145226, Feb. 6, days,or10months,isonlyforcaseswherethewoman
2004) isnot,ordoesnotknowyetthatsheispregnantatthe
time she becomes a widow. If she is pregnant at the
Note: The death of the first spouse during the time she becomes a widow, the prohibition is good
pendency of the case does not extinguish the crime, onlyuptoherdelivery.
because when the offender married the second
spouse, the first marriage was still subsisting. The Q:Whatisthepurposeofthearticle?
second spouse who knew of the first marriage is an
accompliceaswellasthepersonwhovouchedforthe A:Topreventdoubtfulpaternity
capacityofeitherofthecontractingparties.

Note:Womanwillnotbeliableifshehas:
Q:Whendoestheprescriptiveperiodcommence? 1. Alreadydelivered
2. Conclusiveproofthatshewasnotpregnant
A: Does not commence from the commission byher1stspousesincehewaspermanently
thereof but from the time of its discovery by the sterile.(Peoplev.Masinsin,CA49OG3908)
complainantspouse.
PERFORMANCEOFILLEGALMARRIAGE
MARRIAGECONTRACTEDAGAINSTPROVISIONS CEREMONY(Art.352)
OFLAWS(Art.350)
Q:Whoarethepersonsliableunderthisarticle?
A: Art. 352 punishes priests or ministers of any
A: religious denomination or sect, or civil authorities
1. Offendercontractedmarriage whoshallperformorauthorizeanyillegalmarriage
2. Heknewatthetimethatthe: ceremony.
a. Requirements of the law were not
compliedwith;or Note:Art.352presupposesthatthepriestorminister
b. Marriage was in disregard of a legal orcivilauthorityisauthorizedtosolemnizemarriages.
impediment. Otherwise,heisliableunderArt.177.
255

XIII.CRIMESAGAINSTHONOR(353364) and speaks not in response to duty but merely to
injurethereputationofthepersondefamed.
LIBEL
(Art.353) Note:Inlibelcases,thequestionisnotwhatthevictim
meansbutwhatthewordsusedbyhimmean.(Sazon
Q:Whatislibel? v.CA,G.R.No.120715,Mar.29,1996)

A: Libel is a public and malicious imputation of a Q:Whatarethetwokindsofmalice?
crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or A:
circumstance tending to cause the dishonor, 1. Malice in fact maybe shown by proof of
discredit, or contempt of a natural or juridical illwill,hatred,orpurposetoinjure.
person, or to blacken the memory of one who is
dead. 2. Malice in law is presumed from a
defamatory imputation. However,
Q:Howislibelcommitted? presumption is rebutted if it is shown by
theaccusedthat:
A: Libel is a defamation committed by means of a. Defamatory imputation is true, in
writing, printing, lithography, engraving, radio, case the law allows proof of the
phonograph, painting or theatrical or truthoftheimputation;
cinematographicexhibition,oranysimilarmeans. b. It is published with good intention;
and
Note:Nodistinctionbetweencalumny,insultandlibel. c. Thereisjustifiablemotiveformaking
it.
Q:Whoareliableforlibel?
Q:Whenismalicenotpresumed?
A:
1. Any person who shall publish, exhibit or A:Maliceisnotpresumedinthefollowing:
causethepublicationorexhibitionofany
defamationinwritingorbysimilarmeans. 1. Private communication made by any
person to another in the performance of
2. The author or editor of a book or anylegal,moralorsocial,duty.
pamphlet, or the editor or business
manager of a daily newspaper, magazine Requisites:
or serial publication, for defamation a. Person who made the
containedthereintothesameextentasif communication had a legal moral or
heweretheauthorthereof. social duty to make the
communicationoratleast,hehadan
Q:Whataretheelementsofdefamation? interesttobeupheld;
b. Communication is addressed to an
A: officer, or a board, or superior,
1. There must be an imputation of a crime, having some interest or duty in the
orofaviceordefect,realorimaginary,or matter;
any act, omission, condition, status or c. Statements in the communication
circumstance. are made in good faith without
2. Imputationmustbemadepublicly. malice(infact).
3. Itmustbemalicious.
4. Itmustbedirectedatanaturalorjuridical 2. Fair and true report, made in good faith,
person,oronewhoisdead(identification withoutanycommentsorremarks,ofany
oftheoffendedpartyisrequired). judicial, legislative, or other official
5. It must tend to cause the dishonor, proceedingswhicharenotofconfidential
discredit or contempt of the person nature, or of any statement, report, or
defamed. speech delivered in the exercise of their
functions.
Q:Whatismalice?
Q:Inwhatwaymaylibelbecommitted?
A:Maliceisatermusedtoindicatethefactthatthe
offender is prompted by personal illwill or spite A:Libelmaybecommittedby:
1. Writing
256

CRIMINALLAWTEAM:
BOOK 2: Crimes Against Honor
2. Printing Q: Dolores Magno was charged and convicted of

3. Lithography libel for the writings on the wall and for the
4. Engraving unsigned letter addressed to the Alejandro
5. Radio spouses, containing invectives directed against
6. Phonograph Cerelito Alejandro. Dolores contends that the
7. Painting prosecutionfailedtoestablishthepresenceofthe
8. Theatricalexhibition elements of authorship and publication of the
9. Cinematographicexhibition malicious writings on the wall, as well as the
10. Anysimilarmean unsigned letter addressed to the Alejandro
spouses. She argues that since the letter was
Q: Must there be a publication of the libelous addressedtothespouses,Fe(Cerelitoswife)was,
article? insofarasCerelitoisconcerned,notathirdperson
forpurposesofpublication.Issheliable?
A:Yes.Theremustbesomecommunicationofthe
rd
defamatorymattertosome3 persons. A:TobeliableforlibelunderArticle353oftheRPC,
thefollowingelementsmustbeshowntoexist:
Illustration: 1. The allegation of a discreditable act or
conditionconcerninganother
Thedeliveryofthearticletothetypesetterissufficient 2. Publicationofthecharge
publication.(U.S.v.Crame,10Phil.135) 3. Identityofthepersondefamed
4. Existenceofmalice.
The sending to the wife of a letter which maligns the
husbandwasconsideredsufficientpublication,forthe Publication,inthelawoflibel,meansthemakingof
spouseisathirdpersontothevictimdefamed.(U.S.v.
the defamatory matter, after it has been written,
Urbinana,1Phil.471)
knowntosomeoneotherthanthepersontowhom
ithasbeenwritten.Ifthestatementissentstraight
Q: Rima and Alegre exposed various alleged
to a person for whom it is written there is no
complaints from students, teachers and parents
publication of it. The reason for this is that a
against Ago Medical and Educational CenterBicol
communication of the defamatory matter to the
Christian College of Medicine (AMEC) and its
person defamed cannot injure his reputation
administrators. Rima and Allegre remarked that
though it may wound his selfesteem. A mans
AMECisadumpingground,garbageofxxxmoral
reputation is not the good opinion he has of
and physical misfits; and AMEC students who
himself, but the estimation in which others hold
graduate will be liabilities rather than assets of
him.
the society. Claiming that the broadcasts were

defamatory, AMEC filed a complaint for damages
In this case, there is no dispute that the unsealed
against FBNI, Rima and Alegre. Are the
envelopecontainingthelibelousletterwashanded
aforementionedremarksorbroadcastslibelous?
by Dolores to Evelyn (Cerelitos sister).
Contextually, there was a reasonable probability

A: There is no question that the broadcasts were
that the contents thereof, particularly the libelous
made public and imputed to AMEC defects or
letter, could have been exposed to be read by
circumstances tending to cause it dishonor,
Evelyn before delivering the same to Cerelito.
discreditandcontempt.RimaandAlegresremarks
However,Evelyncategoricallyadmittednotreading
are libelous per se. Taken as a whole; the
theletteratthefirstinstance,readingitonlyafter
broadcasts suggest that AMEC is a moneymaking
securingCerelitospermission.Inasmuch,therefore,
institution where physically and morally unfit
as Cerelito voluntarily disclosed the contents of
teachersabound.
Dolores libelous letter to Evelyn, the act of
publicationcannotbeascribedtoDoloresinsofaras
Every defamatory imputation is presumed
Evelynisconcerned.
malicious. Rima and Alegre failed to show

adequately their good intention and justifiable
It could not be said, however, that there was no
motive in airing the supposed gripes of the
publication with respect to Fe. While the letter in
students. As hosts of a documentary or public
question was addressed to Mr. Cerelito & Fe
affairs program, Rima and Alegre should have
Alejandro, the invectives contained therein were
presented the public issues free from inaccurate
directed against Cerelito only. Writing to a person
andmisleadinginformation.(FilipinasBroadcasting
other than the person defamed is sufficient to
Network, Inc. v. Ago Medical and Educational
constitutepublication,forthepersontowhomthe
CenterBicolChristianCollegeofMedicine,G.R.No.
letterisaddressedisathirdpersoninrelationtoits
14199,Jan.17,2005)
257

writer and the person defamed therein. Fe, the
wife, is contextually a third person to whom the Note: Known as blackmail in its metaphorical
publicationwasmade.(DoloresMagnov.Peopleof sense, may be defined as any unlawful extortion of
thePhilippines,G.R.No.133896,Jan.27,2006) moneybythreatsofaccusationorexposure.

Q:Whatisthecommondefenseinlibel? Q:Inwhatfeloniesisblackmailcommitted?

A:Thatitiscoveredbyprivilegedcommunication. A:
1. Lightthreats
1. Absoluteprivilegednotactionableeven 2. Threatening to publish, or offering to
if the author has acted in bad faith like prevent the publication of, a libel for
the statements made by members of compensation
Congress in the discharge of their official
functions; Q:Whoarethepersonsliableforlibel?

2. Conditional or qualified like a private A:
communication made by any person to 1. Person who publishes, exhibits or causes
another in the performance of any legal, the publication or exhibition of any
moral, or social duty, and a fair and true defamationinwritingorsimilarmeans.
report, made in good faith, without any
comments or remarks, of any judicial, 2. Authororeditorofabookorpamphlet.
legislative or other official proceedings
which are not of confidential nature. 3. Editor or business manager of a daily
Here, even if the statements are newspapermagazineorserialpublication.
defamatory, there is no presumption of
malice. The prosecution must prove 4. Owner of the printing plant which
maliceinfacttoconvicttheaccused. publishes a libelous article with his
consentandallotherpersonswhoinany
Q: Do defamatory remarks and comments on the way participate in or have connection
conductoractsofpublicofficerswhicharerelated withitspublication.
to the discharge of their official duties constitute
libel? Q:Whereshouldacomplaintforlibelbefiled?

A: No, it will not constitute libel if the accused A:Criminalandcivilactionsfordamagesincaseof
proves the truth of the imputation. But any attack writtendefamationsshallbefiledsimultaneouslyor
upontheprivatecharacterofthepublicofficerson separately with the court of first instance of the
matters which are not related to the discharge of provinceorcity:
theirofficialfunctionsmayconstituteLibel.
1. Where the libelous article is printed and
Moreover, a written letter containing libelous firstpublished;or
matter cannot be classified as privileged when 2. Where any of the offended parties
publicly published and circulated. (Sazon vs. CA, actually resides at the time of the
G.R.No.120715,Mar.29,1996) commissionoftheoffense.

THREATENINGTOPUBLISHANDOFFERTO Note: The court where the criminal action or civil
PREVENTSUCHPUBLICATIONFORA action for damages is first filed shall acquire
COMPENSATION(Art.356) jurisdictiontotheexclusionofothercourts.

Offended party must file complaint for defamation
imputing a crime which cannot be prosecuted de

oficio.
A:

1. Threatening another to publish a libel
PROOFOFTRUTH
concerning him, or his parents, spouse,
(Art.361)
child,orothermembersofhisfamily.

Q:Whenisproofoftruthadmissible?
2. Offering to prevent the publication of

such libel for compensation, or money
A: Proof of truth is admissible in any of the
consideration.
following:
258

CRIMINALLAWTEAM:
administrative proceedings wherein such facts have

1. When the act or omission imputed beenmentioned.
constitutesacrimeregardlessofwhether
the offended party is a private individual Q:WhatisthesocalledGagLaw?
orapublicofficer.
A: Newspaper reports on cases pertaining to
2. Whentheoffendedpartyisagovernment adultery, divorce, issues about the legitimacy of
employee, even if the act or omission children, etc., will necessarily be barred from
imputed does not constitute a crime, publication. Source of news report may not be
provided, it is related to the discharge of revealed.
hisofficialduties.
SLANDER(ORALDEFAMATION)
Note:Proofoftruthmustrestuponpositive,direct (Art.358)
evidence upon which a definite finding may be
madebythecourt.Butprobablecauseforbeliefin Q:Whatarethekindsoforaldefamation?
thetruthofthestatementissufficient.
A:
Q:Isproofoftruthenough? 1. Simpleslander
2. Grave slander, when it is of a serious and
A:No.Itisalsorequiredthatthematterchargedas insultingnature.
libelous was published with good motives and for
justifiableends. Q: What are the distinctions between oral
defamationandcriminalconversation?
Q:Whatarethepossibledefensesinthecrimeof
libel? A:
CRIMINAL
ORALDEFAMATION
A: CONVERSATION
1. It appears that the matters charged as Maliciousimputationofany
libelousistrue act,omission,conditionor Usedinmakinga
2. Itwaspublishedwithgoodmotives circumstanceagainsta politereferenceto
person,doneorallyinpublic, sexualintercourseas
3. Andforajustifiableend
tendingtocausedishonor, incertaincrimes,like
discredit,contemptand rape,seductionand
LIBELOUSREMARKS
embarrassmentorridicule adultery.
(Art.362) tothelatter.
Acrimeagainsthonor Hasnodefinite
Note: Libelous remarks or comments on matters penalizedinArt.358,RPC. conceptasacrime.
privileged,ifmadewithmaliceinfact,donotexempt

theauthorandeditor.
Q:Whatarethefactorsthatdeterminethegravity
oforaldefamation?
PROHIBITEDPUBLICATIONOFACTSREFERREDTO

INTHECOURSEOFOFFICIALPROCEEDINGS
A:
(Art.357)
1. Expressionsused
2. Personalrelationsoftheaccusedandthe
offendedparty
3. Circumstancessurroundingthecase
A:

1. Offenderisareporter,editorormanager
Note:Socialstandingandthepositionoftheoffended
ofanewspaperdailyormagazine.
partyarealsotakenintoaccount.

2. He publishes facts connected with the Slanderneednotbeheardbytheoffendedparty.
privatelifeofanother.
Q: Lando and Marco are candidates in the local
3. Such facts are offensive to the honor, elections. In his speeches Lando attacked his
virtueandreputationofsaidperson. opponent Marco alleging that he is the son of
Nanding, a robber and a thief who amassed his
Note:Prohibitionapplieseventhoughsaidpublication wealththroughshadydeals.MayMarcofileacase
bemadeinconnectionwithorunderthepretextthat
against Lando for grave oral defamation? State
it is necessary in the narration of any judicial or
yourreasons.
259

INCRIMINATORYMACHINATIONS
A: Marco cannot file a case for grave oral
defamation. If at all, he may file a case for light INCRMINATINGINNOCENTPERSON
slander. In the case of People v. Laroga (40 O.G. (Art.363)
123). It was held that defamation in political
meetingwhenfeelingsarerunninghighandpeople Q:Whataretheelementsofthiscrime?
could not think clearly, only amount to light
slander.(1990BarQuestion) A:
1. Offenderperformsanact
SLANDERBYDEED
(Art.359) 2. By such act he directly incriminates or
imputes to an innocent person the
Q:Whatisslanderbydeed? commissionofacrime

A:Slanderbydeedisacrimeagainsthonorwhichis 3. Suchactdoesnotconstituteperjury
committed by performing any act which casts
dishonor, discredit, or contempt upon another Note: The crime of incriminatory machinations is
person. limited to planting evidence and the like, which tend
directlytocausefalseprosecution.
Q:Whataretheelementsofslanderbydeed?
A: incriminating an innocent person and perjury by
1. Offenderperformsanyactnotincludedin makingfalseaccusation?
anyothercrimeagainsthonor
2. Such act is performed in the presence of A:
otherpersonorpersons INCRIMINATINGAN PERJURYBYMAKING
3. Such act casts dishonor, discredit or INNOCENTPERSON FALSEACCUSATION
contemptupontheoffendedparty Committedbyperforming Thegravamenofthe
anactbywhichthe offenseisthe
Q:Whatarethekindsofslanderbydeed? offenderdirectly imputationitself,
incriminatesorimputesto falselymade,beforean

aninnocentpersonthe officer.
A:
commissionofacrime.
1. Simple slander by deed performance of
Givingoffalse
anact,notuseofwords.
Limitedtotheactof statementunderoath
plantingevidenceandthe orthemakingofafalse
2. Grave slander by deed which is of a like,inordertoincriminate affidavit,imputingtoa
seriouscrime. aninnocentperson. personthecommission
ofacrime.
Q:Whatdeterminesifanactisslanderbydeedor
not? Q: What are the distinctions between
incriminatorymachinationanddefamation?
A: Whether a certain slanderous act constitutes
slanderbydeedofaseriousnatureornot,depends A:
on the social standing of the offended party, the INCRIMINATORY
circumstancesunderwhichtheactwascommitted, DEFAMATION
MACHINATION
theoccasion,etc. Offenderperformsactsto Offenderavailshimself
directlyimputetoan ofwrittenorspoken
Illustration: innocentpersonthe wordsinbesmirchingthe
commissionofthecrime. victimsreputation.
Thus, slapping a lady in a dance not for purpose of
hurtingherbuttocausehershameandhumiliationfor INTRIGUINGAGAINSTHONOR
refusingtodancewiththeaccusedisslanderbydeed. (Art.364)

Q:Whatisintriguingagainsthonor?

A: Any scheme or plot by means which consist of
sometrickery.

260

CRIMINALLAWTEAM:
Q:Whoisliable? insolvency, in each of the (5) cases of libel, on the

ground that the intensely feverish passions evoked
A: Any person who shall make any intrigue which duringtheelectionperiodin1988musthaveagitated
hasforitsprincipalpurposetoblemishthehonoror petitioner into writing his open letter; and that
reputationofanotherperson. incomplete privileged communication should be
appreciated in favor of petitioner, especially
considering the wide latitude traditionally given to
Q: What is the distinction between intriguing
defamatory utterances against public officials in
againsthonorandslander?
connection with or relevant to their performance of
official duties or against public figures in relation to

A: mattersofpublicinterestinvolvingthem.
INTRIGUING
SLANDER
AGAINSTHONOR In Buatis, Jr. v. People, the Court opted to impose
Offendermadetheutterance, uponpetitioner,alawyer,thepenaltyoffineonlyfor
Thesourceofthe wherethesourceofthe the crime of libel considering that it was his first
defamatory defamatorynatureofthe offenseandhewasmotivatedpurelybyhisbeliefthat
utteranceisunknown utteranceisknown,and he was merely exercising a civic or moral duty to his
andtheoffender offendermakesa client when wrote the defamatory letter to private
simplyrepeatsor republicationthereof,even complainant.
passesthesame, thoughherepeatsthe
withoutsubscribing libelousstatementascoming The foregoing cases indicate an emergent rule of
tothetruththereof. fromanother,aslongasthe preferencefortheimpositionoffineonlyratherthan
sourceisidentified. imprisonment in libel cases under the circumstances
thereinspecified.
a.AdministrativeCircular082008Re:Guidelines
intheObservanceofaRuleofPreferenceinthe Q: What are the guidelines in the observace of a
ImpositionofPenaltiesinLibelCases ruleofpreferenceintheimpositionofpenaltiesin
libelcases?
1.Preferenceofimpositionoffine
A: All courts and judges concerned should
Note:Article355oftheRPCpenalizeslibelwith prision henceforth take note of the foregoing rule of
correctional in its minimum and medium preferencesetbytheSupremeCourtonthematter
periods or fine ranging from 200 to 6,000 pesos, or oftheimpositionofpenaltiesforthecrimeoflibel
both, in addition to the civil action which may be
bearinginmindthefollowingprinciples:
broughtbytheoffendedparty.

1. This Administrative Circular does not

Inthefollowingcases,theCourtoptedtoimposeonly
afineonthepersonconvictedofthecrimeoflibel: remove imprisonment as an alternative
penalty for the crime libel under Article
In Sazon v. CA, the Court modified the penalty 355oftheRPC
imposeduponpetitioner,anofficerofahomeowners
association, for the crime of libel from imprisonment 2. The Judges concerned may, in the
and fine in the amount of P200.00, to fine only of exercise of sound discretion, and taking
P3,000.00, with subsidiary imprisonment in case of into consideration the peculiar
insolvency, for the reason that he wrote the libelous circumstances of each case, determine
article merely to defend his honor against the whether the imposition of a fine alone
malicious messages that earlier circulated around the would best serve the interests of justice
subdivision, which he thought was the handiwork of or whether forbearing to impose
theprivatecomplainant. imprisonment would depreciate the
seriousnessoftheoffense,workviolence
In Mariv.CA, wherethecrimeinvolvedisslanderby on the social order, or otherwise be
deed,theCourtmodifiedthepenaltyimposedonthe
contrarytotheimperativeofjustice
petitioner, an ordinary government employee, from

imprisonment to fine of P1,000.00, with subsidiary
3. Should only a fine be imposed and the
imprisonmentincaseofinsolvency,onthegroundthat
thelattercommittedtheoffenseintheheatofanger accusedbeunabletopaythefine,thereis
andinreactiontoaperceivedprovocation. no legal obstacle to the application of
the RPC provision on subsidiary
In Brillante v. CA, the Court deleted the penalty of imprisonment.
imprisonment imposed upon petitioner, a local
politician, but maintained the penalty of fine of
P4,0000.00, with subsidiary imprisonment in case of
261

XIV.CRIMINALNEGLIGENCE
A:
CRIMINALNEGLIGENCEIMPRUDENCEAND 1. Thereislackofprecautiononthepartof
NEGLIGENCE(Art.365) theoffender.

Q:Whatarethepunishableacts? 2. Damage impending to be caused is not
immediate nor the danger clearly
A: manifested.
1. Committing through reckless imprudence
any act which, had it been intentional, Note: Art. 64, relative to mitigating and aggravating
would constitute a grave or less grave circumstances, is not applicable to crimes committed
felonyorlightfelony throughnegligence.

2. Committing through simple imprudence GR: Failing to lend help is a qualifying
or negligence an act which would circumstance; it raises the penalty 1 degree
otherwise constitute a grave or a less higher.
seriousfelony
XPN: The driver can leave his vehicle without
3. Causing damage to the property of aidingthevictimsifhe:
another through reckless imprudence or 1. Is in imminent danger of being
simpleimprudenceornegligence harmed
2. Wants to report to the nearest
4. Causing through simple imprudence or officerofthelaw,or
negligence some wrong which, if done 3. Desires to summon a physician or a
maliciously, would have constituted a nurse for medical assistance to the
lightfelony injured.(Sec.55ofR.A.4136)

Note:Imprudenceornegligenceisnotacrimeitself.It Q:Whatisthedoctrineoflastclearchance?
issimplyawayofcommittingacrime.
A: The last clear chance doctrine states that the
Imprudenceindicates adeficiency of action; failure in contributorynegligenceofthepartyinjuredwillnot
precaution. defeat the action if it be shown that the accused
might, by the exercise of reasonable care and
Negligenceindicatesadeficiencyofperception;failure prudence, have avoided the consequences of the
inadvertence. negligenceoftheinjuredparty.

RECKLESSIMPRUDENCE Q:Whatisemergencyrule?

Q:Whataretheelementsofrecklessimprudence? A:Theemergencyruleprovidesthatanautomobile
driverwho,bythenegligenceofanotherandnotby
A: his own negligence, is suddenly placed in an
1. Offenderdoesorfailstodoanact. emergencyandcompelledtoactinstantlytoavoid
2. Thedoingoforthefailuretodothatactis acollisionorinjuryisnotguiltyofnegligenceifhe
voluntary. makes such a choice which a person of ordinary
3. Itbewithoutmalice. prudence placed in such a position might make
4. Materialdamageresults. eventhoughhedidnotmakethewisestchoice.
5. Thereisaninexcusablelackofprecaution
on the part of the person performing or Q:Whatarethedistinctionsbetweenimprudence
failing to perform such act taken into andnegligence?
consideration:
a. Employmentoroccupation A:
b. Degreeofintelligence NEGLIGENCE IMPRUDENCE
c. Physicalcondition Deficiencyof perception Deficiencyofaction
d. Other circumstances regarding Failureinadvertence Failureinprecaution
persons,timeandplace Avoidedbypayingproper Takingnecessary
attentionandusingthe precautiononce
SIMPLEIMPRUDENCE diligenceinforeseeingthem foreseen

Q:Whataretheelementsofsimpleimprudence?
262

CRIMINALLAWTEAM:

Criminal Law Proper PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Criminal Law Proper PDF

Uploaded by

Copyright:

Available Formats

BOOK 1: FUNDAMENTAL PRINCIPLES

accredited foreign diplomatic

Q: What are the constitutional limitations on the

2. Freedom of action on the part of the 2. SpecificcriminalintentIsnotpresumed

Q: A and B went on a drinking spree. While they

Q: A person enters the dwelling of another.

ATTEMPTED FRUSTRATED CONSUMMATED

Q: What are the criteria involved in determining Offenderhasnot Offenderhas Subjectiveand

offensesarefixedor specified,thatis,grave and distinctly punished under the Revised Penal

Q: Can there be a complex crime of coup detat

b. Kleptomania or presence of abnormal,

3. Under Sec 59 with regard to exemption QuasioffensesunderArticle365arecommittedby

A: 3. Such information and testimony can be

A: A: Yes. If the resulting felony could be expected

Note: This provision addresses the intention of the

Q: Upon learning that the police wanted him for

2. Placeofcommission 18. Unlawfulentry

Note: Teachers, professors, supervisors of public and

presidential mansion. Can the aggravating

Q: Are cemeteries considered as places dedicated

acted under the same plan and for the

A: No. Acts of lasciviousness and attempted rape offense offense.

A: the principal by direct participation before the

greater audacity and hence the law punishes him

the firearm is lowpowered or high ALTERNATIVECIRCUMSTANCES

Note:Themomentintoxicationisshowntobehabitual Note: It is not illiteracy alone but the lack of

If the offender is a lawyer who committed rape, the

But if a lawyer committed falsification, that will

Q: Is thedegree of instruction and educationtwo

commit treason, sedition, coup d etat or rebellion

iv. Attemptagainstthelifeofthe Public officer contemplated under par.3 of Art. 19 is

1. They are not imposed as a result of

D.DURATIONANDEFFECTOFPENALTIES A: Death penalty is imposed in the following

discretion in the imposition of the indeterminate b. Reasonable probability that such

2. Correct, because if the range of the

2. In the house of the offender, but under

Note: These conditions are mandatory, hence, the thanoneyear shallnotexceed6years

a. In themselves constitute a crime

VI.MODIFICATIONANDEXTINCTIONOFCRIMINAL of civil liability exists as provided under

BOOKII A: It is the obligation of fidelity and obedience,

117 which he had in his possession by EspionageandOtherOffensesagainsttheNational

A: If the offender intended to aid the enemy by belongings of its complements or

3. Persons who conspire to commit the crime of

Q: What are the distinctions between arbitrary

outsetbutbecomesarbitrary illegalatthevery 2. Compelling a person to change his

2. Exceeding his authority or by using SEARCHINGDOMICILEWITHOUTWITNESSES

9. Denialofsleep/rest thereof in order to prevent its

Q: What are the distinctions between rebellion Inrebellion,itisnotadefensethattheaccusednever

andthatsuchdangershouldbebothclear the courts while in the prosecution of criminal cases,

The same act may be made the basis for contempt

Q: What are the two ways to commit direct

1. First form: Without public uprising, by

enumerated in defining the crimes of

rebellion or any of the objects in the

assault was committed by reason of the past

Note: Serious disturbance requires that such must be Iftheprinter/owneroftheprintingestablishmenttook

3. He evades the service of his sentence by

FORGINGTREASURYORBANKNOTESOROTHER 3. Other obligations and securities payable

Note: The offender must not be a public official e.Drafts

2. Sellingorofferingforsalesucharticlesof evaluation and post evaluation of bids,

b. When a bidder maliciously submits

persons, corporations, partnerships or

V.CRIMESRELATIVETOOPIUMANDOTHER Note: Ifsuchdenordiveisownedbya3rdperson,the