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Criminal II – Collated Midterm Questions

1. Is there such a crime as attempted bribery?
Yes. Under Article 210 Direct Bribery, in the second mode where the act is not a
crime but is unjust or the doing is improper or unfair attempted bribery occurs when the
officer agreed to do the act for a consideration and received the consideration but was not
able to perform the act.

2. What are the different modes of falsification under Article 171 of the RPC?
- Counterfeiting or imitating any handwriting, signature or rubric
- Causing it to appear that persons have participated in an act or proceeding
- Attributing to persons who have participated in any act or proceeding
statements other than those in fact made by them
- Making untruthful statements in a narration of facts
- Altering true dates
- Making any altercation or intercalation in a genuine document which changes
its meaning
- Issuing an authenticated form of a document purporting to be a copy of an
original document when no such original exists, or including in such copy a
statement contrary to or different from that genuine of the original
- Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry or official book

ARTICLES TO INCLUDE

1. Difference between treason and rebellion
- Treason distinguished from Rebellion. The manner in which both crimes are
committed in the same. In treason however, the purpose of the offender is to
deliver the government to the enemy country or to a foreign power. In rebellion,
the purpose of the rebels is to substitute the government with their own form of
government. No foreign power is involved.
2. Piracy (Art. 122)
3. Nonfeasance, misfeasance, malfeasance (Art. 203)
4. Valid arrest warrant when is a warrantless search valid (Art. 129)
5. Can treason be committed in time of peace (Art. 114)
- No. See the elements it expressly states that it is committed at times of war
through adherence to enemies or levying against the government.
6. Evading sentence during calamities (Art. 156)
7. Coup de ‘tat (Art. 134-A)
8. Sedition (Art. 139)
9. Direct and Indirect assault (Art. 148-149)
10. Estafa (Art. 171-172)
11. Offending religious feelings (Art. 133)
12. RA 9165 (given sections)
13. Remember the Acts of Falsification (Art. 171)

That there is a war in which the Philippines is involved c. its equipment. or passengers of the vessel. seize the whole or part of the cargo of said vessel. Offenders are either members of its complement.Article 114 – Treason ELEMENTS: a. Breach of allegiance 2. That he procures a search warrant . giving them aid and comfort 4. Giving aid or comfort to the enemy Article 122 – Piracy 2 Ways of Committing Piracy 1. 3. its equipment or personal belongings of its complement or passengers Elements of Piracy: a) That a vessel is on the high seas/Philippine waters b) That the offenders are not members of its complement or passengers of the vessel c) That the offenders – 1. or personal belongings of the crew or passengers. or b) seize the whole or part of the cargo. if committed by crew or passengers. or the raising of commotions and disturbances aboard a ship against the authority of its commander. Article 129 . its equipment or personal belongings of its complement or passengers Mutiny is the unlawful resistance to a superior officer. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532) 2. Actual assembling of men 3. Adherence 6. For the purpose of executing a treasonable design 2) Adheres to the enemies. That the offender owes allegiance to the Government of the Philippines b. That the offender is a public officer or employee b. The vessel is on the high seas or Philippine waters. That the offender either – 1) Levies war against the government.SEARCH WARRANTS MALICIOUSLY OBTAINED ELEMENTS: a. 1. Breach of allegiance 5. Elements of Mutiny: 1. By seizing the whole or part of the cargo of said vehicles. the crime is not piracy but robbery in the high seas) 2. 2. Offenders either – a) attack or seize the vessel. attack or seize that vessel or (hence.

Article 134 – Rebellion or Insurrection ELEMENTS: 1. c. or b) to deprive the chief executive or congress. wholly or partially. 3. naval or other armed forces. and 4. of any of their powers or prerogatives. intimidation. Article 139 – Sedition ELEMENTS: 1. 2. or b) during the celebration of any religious ceremony 2. intimidation. That there be a public armed uprising. or any provincial or municipal government. strategy or stealth. Committed by means of swift attack. or prevent the execution of any administrative order .Offending Religious Feelings ELEMENTS: 1. That the purpose of the uprising or movement is either: a) to remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof or any body of land. public utilities or other facilities needed for the exercise and continued possession of power 4. or any public thereof from freely exercising its or his functions. Offender is a person or persons belonging to the military. 3. and 2. For the purpose of seizing or diminishing state power. or other means outside of legal methods 3. Article 134-A Coup D’ Etat ELEMENTS: 1. There’s a deliberate intent to hurt the feelings of the faithful. That there is no just cause Article 133 . Acts must be notoriously offensive to the feelings of the faithful. accompanied by violence. Acts complained of were performed – a) in a place devoted to religious feelings. Directed against: a) duly constituted authorities of the Philippines b) any military camp or installation c) communication networks. or police or holding any public office or employment. That the offenders employ any of those means to attain any of the following objects: a) to prevent the promulgation or execution of any law or the holding of any popular election b) to prevent the national government. That they employ force. That the offenders rise – a) Publicly (if no public uprising = tumult and other disturbance of public order) b) Tumultuously (vis-à-vis rebellion where there must be a taking of arms) 2. directed against religious tenet. threat. Offender is any person.

5. 4. any person. (b) employs force. injure or assault). even private persons may be offended parties) e) to despoil. for any political or social end. That there is no public uprising. 2. or (d) makes a serious resistance. whether as an individual or as a member of some court or governmental corporation. c) to inflict any act or hate or revenge upon the person or property of any public officer or employee d) to commit for any political or social end. That the person assaulted is a person in authority or his agent. That the offender employs force or intimidation. That there is no public uprising. 2. 148. That at the time of the assault the person in authority or his agent a) is engaged in the actual performance of official duties (motive is not essential). Article 152. ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT: 1. 3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. .PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY: Persons in Authority – any person directly vested with jurisdiction.Direct Assault ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT: 1. municipality or province. That the offender (a) makes an attack. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. Article 149. 2. or that he is assaulted b) by reason of the past performance of official duties (motive is essential).Indirect Assault ELEMENTS: 1. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. board or commission. That a person comes to the aid of such authority or his agent. 3. (Victim need not be person in authority) 3. or the national government of all its property or any part thereof Article 148. any act of hate or revenge against private persons or any social class (hence. (c) makes a serious intimidation.

is charged with the maintenance of public order and the protection and security of life and property. by direct provision of law or by election or by appointment by competent authority. calculated to cause alarm or danger b. Article 156. colleges and universities  Lawyers in the actual performance of their professional duties or on the occasion of such performance Article 155ALARMS AND SCANDALS TYPES: a. Causing any disturbance or scandal in public places while intoxicated or otherwise.DELIVERING PRISONERS FROM JAILS ELEMENTS : a. c. or helps the escape of such person (if the escapee is serving final judgement.Agent of Person in Authority – any person who. Examples of Persons in Authority:  Barangay captain  Barangay chairman  Municipal mayor  Provincial fiscal  Justice of the peace  Municipal councilor  Teachers  Professors  Persons charged with the supervision of public or duly recognized privateschools. firecracker. That the offender removes therefor such person. Offender is a private individual . provided the act is not covered by Art 153 (tumult). Discharging any firearm. he is guilty of evasion of sentence). or other explosive within any town or public place. b. That there is a person confined in a jail or penal establishment. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. rocket.

That he falsifies a document by committing any of the following acts: 1. 3. c. Counterfeiting or imitating any handwriting. Altering true dates. That the facts narrated by the offender are absolutely false. That he has a legal obligation to disclose the truth of the facts narrated by him. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. bear some resemblance. That the offender makes in a document statements in a narration of facts ii. or notary public. that there be intent to imitate. Requisites: i. or an attempt to imitate ii. OR NOTARY OR ECCLESTASTICAL MINISTER Elements: a.FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER. That the offender is a public officer. Making untruthful statements in a narration of facts. and ii. to each other 2. b. That he takes advantage of his official position. Requisites: i. EMPLOYEE. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding. That the perversion or truth in the narration off acts was made with the wrongful intent of injuring a third person 5. signature or rubric. That such person/s did not in fact so participate in the act or proceeding 4. Requisites: i. that the two signature or handwritings. employee. – date must be essential . the genuine and the forged. and iv. (required by law to be done) and iii. Article 171.

2. OFFICIAL. Altering true dates. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. Making any alteration or intercalation in a genuine document which changes its meaning. Making untruthful statements in a narration of facts. That the falsification was committed in any public or official or commercial . that of the genuine original. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated. Making any alteration or intercalation in a genuine document which changes its meaning. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. 4. or different from the original genuine document on file. signature or rubric. or official book. It can be a certification purporting to show that the document issued is a copy of the original on record when no such original exists. Counterfeiting or imitating any handwriting. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued.That he committed any of the acts of falsification enumerated in ART. That the offender is a private individual or a public officer or employee who did b. That there be an alteration (change) or intercalation (insertion) on a document ii. That it was made on a genuine document iii. 3. 1. Requisites: i. falsification through negligence) or The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1) ELEMENTS a. Intercalating any instrument or note relative to the issuance thereof in a protocol.6. 5. ( if no knowledge. or including in such copy a statement contrary to. That the alteration/intercalation has changed the meaning of the document iv. It can also refer to a public officer or notary who prepared and retained a copy of the document. 8. (Genuine document) Article 172 -FALSIFICATION OF PUBLIC. That the change made the document speak something false. 171. or different from. not take advantage of his official position. registry. 7. entries which are not found on contrary to. c. The falsification can be done in two ways.

(The public view is not required. 171 or in any subdivisions nos. That the falsification caused damage (essential element. document. 172. 1 and 2 of art. That the offender committed any of the acts of falsification. 1 and 2 of art. OF PRIVATE DOCUMENT ELEMENTS : a. Committed in a public place or within the public knowledge or view. (intent to cause damage not necessary) b. That the use of the documents caused damage to another or at least was used with intent to cause such damage. it is sufficient if in public place. enumerated in art. That the false document is embraced in art. That he used such documents (not in judicial proceedings). Introducing in a judicial proceeding: 1. 3. hence. 171 or in any of subdivisions nos. 3. Act is highly scandalous as offending against decency or good customs c. 4. 172) ELEMENTS: a. Article 200 . FALSIFICATION UNDER PARAGRAPH 2 OF ART. no crime of estafa thru falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. Use in any other transaction: 1. That the falsification was committed in any private document (must affect the truth or integrity of the document) c. art. That the offender knew that a document was falsified by another person. 171. 172. Offender performs an act b. 2. Highly scandalous conduct does not expressly fall within any other article of the RPC d. That he introduced said document in evidence in any judicial proceeding. That the false document is embraced in art. That the offender knew that a document was falsified by another person. USE OF FALSIFIED DOCUMENT (par. except those in paragraph 7 and 8. b. 172. it . 3.GRAVE SCANDAL ELEMENTS: a. 2. For public knowledge.

Illustration: Without any understanding with the public officer. may occur even in a private place. give rise to public scandal to persons who have accidentally witnessed the acts Article 203-WHO ARE PUBLIC OFFICERS: a. he is giving this by reason of the office or position of the public officer involved. present or consideration given to him. Article 210 . He found out that he is a taxi operator. what originally would have been indirect bribery becomes direct bribery. Performs public duties as an employee. not "in consideration" thereof. the crime is indirect bribery.DIRECT BRIBERY ELEMENTS: . They are committed publicly and thus. the number of people who sees it is not material). he asked who the giver was. Takes part in the performance of public functions in the Government. So never use the term “consideration.Failure of an agent to perform his undertaking for the principal Distinction between direct bribery and indirect bribery Bribery is direct when a public officer is called upon to perform or refrain from performing an official act in exchange for the gift. Upon receipt by the BLT registrar of his valuable suiting material. As far as the giver is concerned. Grave scandal: consists of acts which are offensive to decency and good customs. a taxi operator gave an expensive suiting material to a BLT registrar. It is just indirect bribery If the BLT registrar calls up his subordinates and said to take care of the taxis of the taxi operator so much so that the registration of the taxis is facilitated ahead of the others. Bear in mind that the gift is given "by reason of his office".” The public officer in Indirect bribery is not to perform any official act. Note however that what may begin as an indirect bribery may actually ripen into direct bribery. agent or subordinate official in the gov’t or any of its branches Malfeasance – Doing of an act which a public officer should not have done Misfeasance .Improper doing of an act which a person might lawfully do Nonfeasance . or b. If he simply accepts a gift or present given to him by reason of his public position.

seized. but the act must be unjust (delivery of consideration is necessary). That the said gifts are offered to him by reason of his office.CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: a. in consideration of an execution of an act which does not constitute a crime. permitted any other person to take such public funds or property. (it is not necessary that the offender profited .INDIRECT BRIBERY ELEMENTS: a. Appropriated the funds or property 2. a. to refrain from doing something which is his official duty to do d. That the offender accepts an offer or promise or receives a gift or present by himself or through another c. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers) b. That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime) 1. That the offender is a public officer. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties Article 211 . c. b. with a view to committing some crime (delivery of consideration is not necessary) or 2. Article 212. Took or misappropriated them 3. under circumstances that will make the public officer liable for direct bribery or indirect bribery Article 217. Consented or. through abandonment or negligence. That the offers or promises are made or the gifts or presents given to a public officer. That he had the custody or control of funds or property (if not accountable for the funds.MALVERSATION OF PUBLIC FUNDS OR PROPERTY ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY : a. That he: 1. deposited or commingled with public funds) d. theft or qualified theft) c. That the offender makes offers or promises or gives gifts or present to a public officer. That he accepts gifts. or 3. That the offender be a public officer within the scope of Art 203 b. b. That those funds or property were public funds or property (even if private funds if attached.

DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES Requisites: 1. d. or child. That such public fund or property has been appropriated by law or ordinance (without this. the crime will not be malversation but estafa under Article 315.PARRICIDE ELEMENTS: 1. He has not promoted or facilitated the prostitution of his wife or daughter. He is accountable by virtue of the nature of his office to account for funds or properties that come to his possession. it is simple malversation even if applied to other public purpose). That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. whether legitimate or illegitimate. b. That the offender is a public officer. Article 246 . A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person 2. That there is public fund or property under his administration. c. thereby. . Article 247. or that he has not consented to the infidelity of the other spouse.ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation) ELEMENTS: a. or a legitimate other ascendant or other descendant. His being remiss in the duty of safekeeping public funds violates the trust reposed) Concept of Malversation It consists in the misappropriation or conversion of public funds or property to one’s personal use or knowingly. That the deceased is the father. Article 220 . or the legitimate spouse of the accused. If he is not accountable for the funds or properties and he misappropriates the same. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 3. 3. or through abandonment or negligence allowing other to use or appropriate the same. 2. That the deceased is killed by the accused. The offender is made liable because of the nature of his duties to take care of the funds or property entrusted to him with the diligence of a good father of a family. mother. That a person is killed.

fire. taking advantage of superior strength. poison. That a person was killed. with treachery. stranding of vessel. shipwreck. or employing means to weaken the defense or of means or persons to insure or afford impunity b. derailment or assault upon a street car or locomotive. in consideration of price. fall of airship. with the aid or armed men. That the accused killed him. destructive cyclone. 2. with evident premeditation f.Article 248 . on occasion of any of the calamities enumerated in the preceding paragraph. by means of motor vehicles or with the use of any other means involving great waste or ruin d. Article 249 . eruption of a volcano. 3. epidemic or any other public calamity e.HOMICIDE ELEMENTS: . with cruelty. or of an earthquake.MURDER ELEMENTS: 1. by means of inundation. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse 4. That the killing was attended by any of the following qualifying circumstances a. reward or promise c. explosion. The killing is not parricide or infanticide.

That the physical injuries must not be those described in the preceding articles Article 266 . loses the use of any such member c. Ill-treatment of another by deed without causing any injury (ex. 4. arm or leg b. Beating 3. That the killing was not attended by any of the qualifying circumstances of murder. imbecile. which is presumed. 2. Injured person becomes insane. impotent or blind 2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. slapping but without causing dishonor) . Article 263 . 3. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days). a hand. Injured person – a. Black-eye) c. or by that of parricide or infanticide. That the accused killed him without any justifying circumstances. foot. loses an eye. loses the use thereof Article . That the accused had the intention to kill. becomes incapacitated for the work in which he had been habitually engaged 3.Slight Physical Injuries 3 Kinds: a. Wounding 2. loses any other member of his body c.265LESS SERIOUS PHYSICAL INJURIES ELEMENTS: 1.1. Assaulting 4. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period b.SERIOUS PHYSICAL INJURIES How Committed 1. becomes deformed b. loses the use of speech or the power to hear or to smell. or needs medical attendance for the same period of time 2. Administering injurious substances What are serious physical injuries: 1. Injured person – a. That a person was killed.

Review *rape* .