CRIMINAL LAW REVIEWER GS ENS Art. 134A. Coup detat Elements: |L. Offender isa person or persons belonging to the military, ‘or police or holding any public office or employment, Committed by means of swift attack, accompanied by violence, intimidation, strategy, threat, or stealth (VISTS); Directed against: a. duly constituted authorities of the Philippines b. ang military camp or installation, communication networks, public utilities or other facilites needed for the exercise and continued possession of power For the purpose of seizing ar diminishing state power. 2 3 a Persons able: 1. Any person who leads or in any manner directs oF ‘commands others to undertake coup d'etat (leaders)ss0°=" ‘Any person in the government service who paiticipates oF ‘executes directions or commands of othersin undertaking coup d'etat (participants from governmefit); {Any person not in the government service who participates, or in any manner, supports, finances, abets, orld undertaking 2 coup d'etat. (particpapts “not government}; and eae 2. aL Ce ey NOTE: Political crimes, compared to common crimes, are those directly aimed against the political order as well as such ‘common crimes as may be committed to achiove a politcal ‘purpose. intents the decisive factor. Art. 136, Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or insurrection Elements of Conspiracy: 1. Twoor more persons come to an agreement to rise ‘publicly and take arms against the government; For any ofthe purposes of rebelion; and ‘They decide to commnit it 2 3 Elements of Proposal: 1. A person who has decided to vise publicly and take arms ng, atthe goverment "Ror any of the purposes of rebellion; and 3. « Proigses its execution to some other person/s. posers repress ‘Any person who in Fact dvected the of signed receipts and other documents Ssuerd i or performed similar acts, on behalf ofthe nates (dee leader leaders unknown} coe naira eae D| ot whe are incited. donde af the proposal or rein the proponent or the one incting may Become a ee) | ithe crime of rebellion. NOTE: coup tat maybe commited wih onan Art. 135, Penaity for Rebellion, Insurrection or COUpe#s=5 tat “The person who proposes has. TE Is not required that the offender has dedded to Aeciggte comet rebto. ‘commit rebel Who are lable and penalties: Rebelion: 1. Landers rectusion perpetua 2. Participants reclusion temporal 3. Deemed leader ~ reclusion perpetua Coup d'etat: Leaders —reclusion perpetua Participants (gov't) — reclusion temporal max period Participants (nat gov't) prision mayor max period Deemed leader ~ reclusion perpetua 1 2 3 4a + 1. Organizing 2 group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow government. ‘The mere fact of giving and rendering speeches favoring Communism would not_make the accused guilty of ‘conspiracy if there is no evidence that the audience then ‘and there agreed to rise up in arms against the ‘government. “The advocacy is not a criminal act of conspiracy unless converted into advocacy of action. Advisers: Atty Roneld Chua; Atty Brady De Castro Heads: Nine Mefla; Vi Ventura Understudy: Andi Dimlanta; Lala Calma; Star fularbal: Andrea Katipuan Volunteer: Janeca Naboya— 60CRIMINAL LAW REVIEWER »ATENEO Me Art. 137. Disloyolty of Public Officers or Employees ‘Acts punishable: Falling to resist rebellion by all the means n their power; oF 2. Continuing to discharge the duties of their offices under the contrel of rebels; oF 3. Recepting appointment to office under the rebels. (Offender must be a public officer or employee. ‘There must be actual rebellion, {t must not be committed in conspiracy with rebels or coup plotters If position is accepted in order to protect the people, not ‘covered by this article. 1 2 3. - ‘Art. 138, Inciting to Rebeliion or Insurrection ements: fr 1. That the oflender doesnot take arms or I no In pen hostity against the government; 2 "hatha nes athes tothe excn of ary oR gh rebelion; and 6 gS Ook 3 Oe procamations, writings, emblems representations tending tothe same Nore: 1. Inciting must have been intentionally ited vole, ‘others to commit rebellion. < 2. In both proposal to commit rebeliion and"in,jnciting to rebellion, rebelion should not actually be co persons to whom it was proposed, or who were inci Otherwise, the proponent, or the one inciting may become 2 principal by inducement in the crime of rebellion. The person who proposes | Not required that the has decided to commit | offender has decided to. rebetion. commit rebelion The parson who proposes | The inciting dane pabidy the exection ofthe crime uses secret means. . Lt OPERATIONS 2010 Art. 139. Sedition Elements: A. That the offenders rise — a. Publiely; and b. Tumultuously; 2, That they employ force, intimidation, or other means outside of egal methods, and 3, That the offenders employ any of those means to attain any of the following objects: 2. to prevent the promulgation or execution of any low Cr the holding of any popular election; . ta prevent the national government, or any provincial ‘or municipal government, or any public officer thereof from freely exercising its or his functions, oF prevent the execution of any administrative order; OO eto ac any at of hate or revenge upon the person or “Sap,_propenty of any public officer or employee; commit for any poltia! or soca! end, any act of eee against private persons or any social gy ee rmunidpalty or province, or the national government of all is property or any part thereot. *¢ NOTE: £6 1. Tumultuous uprisng- that caused by more than 3 persons 5, 8.4. who are grmed or provided w/ means of lence. = Inseditipn, offender may be a private or public person. Comin crimes ate not absorbed in sition. purpose of the offenders is to attain the objects of of sedition by force or violence, but there i no public uprising, the crime committed is direc assault. ‘There is conspiracy to commit sedition (Art. 24%) but no proposal to commit sedition. bellion (134) Inboth, there must be a public uprising. ‘Sufcent that the public | Taking up of arms against uprising istumultuous. | the government Purpose of the offenders | The purpose is always ‘may be politcal or social. | political ee — -—Adbvisers: Atty Ronald hus; Atty. Brady De Castro Heads: Nina Mea; Vir Ventura Understudy: And! Dimalanta; Lal Calma; StarTularbl; Andrea Katipuan Volunteer: laneca Naboya — a1. leader of the sedition, and 2. other persons participating inthe sedition. ‘Att. 141, Conspiracy to Commit Sedition '¢ There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition in order to constitute the crime of conspiracy to commit sedition. ‘© Theres no proposal to commit sedition. ‘Art. 142. Inciting to Sedition ‘Acts punishable: ot 1. Inciting others to the accomplishment of anf the acts which" constuge scdon’ by rmayget speeches, ‘proclamations, emblems, writings, (SPEW) etc. 2. Ustering seditious words or speeches which tend to disturbi™ a 2 Tah. the publ peace gee 3. Writing, publishing, or circulating : pivulg ng ming roe re conse autores theres, wich te pul poee; 4. Knowingly concealing such ei practices. oo Elements of Act 3: 5 1. That the offender does not take o direct pi in the crime of; sedition; 2. That he incites others to the sxonplsnmen Fina te ” acts which constitute sedition; and 3. That the inciting is done by means of speeches, prodamations, writing, emblems, cartoons, banners, oF ‘other representations tending to the same end. Pee eee eee when they tend to disturb or obstruct any public officer in ‘executing the functions of his office; or 2. when they tend to instigate others to cabal and meet together for unlawful purposes; or 3. when they suggest or incite rebellious conspiracies or riots; or 4. when they lead or tend to stir up the people against the lawful authorities orto disturb the peace of the community, the safety and order of the government. - i) Ld OPERATIONS 2010 Advisors: tty Ronald Chua; Atty. Brady De Castro Heads: Nine Ml; Viv Ventura Understudy: And Diana; Lala Cla; Star lulabal; Andrea Katipuan Volunteer: Ianeca Naboya — 2 Rules relative to seditious words: 1. Dangerous Tendency rule 2. Clear and Present Danger rule ‘Chapter Two: CRIMES AGAINST POPULAR REPRESENTATION ‘Crimes against legislative bodies and similar bodies Section 1.~ Art. 143. Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies Elements: 1A projected or actual meeting of Congress or any of its ieaga PO MMittees oF subcommittees, constitutional commissions: “SRyor committees or divisions thereof, or of any provincial xiard oF city or municipal council or board; and ‘who may be any person prevents such meeting by for or fraud. NOTE: ‘Chief of Police and mayor who prevented the meeting of the municipal council are lable under Ar. 143, when the defect of the meeting is not manifest and requires an investigation before its existence canbe determined !mecting of Congress or any ofits committees, stitutional commissions or committees or divisions ‘thereof, or of any provincial board or city or municipal ‘couneil or board and 2. Thattthe offender does any of the following acts. a, he disturhs any of such meetings he behaves while in the presence of any such bodies in ‘such a manner as to interrupt its proceedings or to ‘impair the respect due it. NOTE: Accused may also be punished for contempt by the legislative body. eaTT OPERATIONS 2010 Viz Section 2. ~ Violation of parliamentary immunity 2 types of legal assemblies: 1. Meeting attended by armed persons for the purpose of ‘committing any of the crimes punishable under the Revised Art.145. Violation of partiamentary immunity Penal Code; ‘Acts punishable: ai 1. By using force, intimidation, fraud, threat (FIFT) to prevent a any mamber of Congress from attending the meeting of 3. There's a meeting ~ gathering or group of persons whether fixed oF moving; ts ‘or any of its committees, subcommittees, Sete cede nee 2. Meetingis attended by armed persons; and constitutional commissions. or committees. or divisions : ki 3. The purpose of meeting is to commit any of the oF from expressing his opinions or casting his vote, Peer 7 a crimes punishable under RPC Elements: 1. Offender uses force, intimidation, threat or fraud 2. Purposeis to prevent any member of Congrass from: a. Attending the said meetings; 1b. Expressing his opinions; or © Casting his wote. 2. By arresting or searching any mantygi erect while ees ‘2 meeting ~ gathering or group of persons Congress isn a regular or special sesfon, except in case : fied o moving: such member has committed a crime,punishable under she ence whether armed or not is incited to the code bya penalty higher than sion mayor. o's. corms eee eee ee a ates Be fee Og 8 Bie ae Ge Pgh Oe licensed firearm in the assembly: 1. Offender is a public officer or employes, a ‘Wea person carries wn : tt ae Dieta ene none noes seven” Tiamat mon of memes b Somecen rata ares saree 2 5 Presumed tat the one in possession of uiicensed firearm spedal session CERTEAL 4. Member arrested or searched fils, not comm ‘or organizer of the meeting «time punishable by a pensity offi higher. “ 2. Amecting in w/c the audience, whether armed or not, is incited to the commission of the crimes of treason, rebellion or insurrection, sedition or assault upon a person in authority orhis agent. ofillogal assembly need to be armed. 2. If the audience is incited to commit rebeltion or sedition, the crimes committed are ilegal assembly as regards the organizers or leaders and persons merely present and Inciting to rebellion or sedition insofar as the one inciting ‘themis concerned, 3. Persons liable forillegal assembly: ‘a. organizers or leaders ofthe meeting persons merely present at the meeting {except when presence is out of curiasity ~ not Hable since they do not have intent to commit the felony of illegal assembly) Note: 4. In the 4st mode of ths offense, the offenders any person. 2-Pariamentary immunity does not mean exemption from criminal ability, except from a crime that may arse from any speech that the member of Congress may deliver on the floor uring regular or special session, 3. To be consistent withthe 1987 Constitution, the phrase “by a penalty higher than prision mayor” in Art 245 should be amended to read “by the penalty of prision mayor or higher.” he LATIONS ‘Art, 146, Megal Assemblies ’ ~Achisers: ty. Ronald Chua; Atty. Brady De Castro Mead: Nina Maja; iv Ventura Understudy: Andi Dimalant; Lala Calm; Star Juarbal Andres {Katipuan Volunteet:laneca Naboya 7CENTRAL BAR OPERATIONS 2010 ‘Art. 147, legal assoctations 2 Kinds of legal associations : 1. Organizations totally or partially organized for the purpose of committing any of the erimes in RPC; or 2. For some purpose contrary to public morals. Persons lable: 1. Founders, directors and president of the association; and 2. Mere members of the association Four: ASSAULT, FANCE ANI ‘Art, 148, Direct Assault 2 Ways to commit direct assault: 1. Without public uprising. by employing intimidation for attainment of any of gente enumerated in defining the crimes of rebel sesition (Gestform) é & Seen: ‘ 1. Offender employs force or intnidatio: wie. 2. i offender i wan sei a o crime of rebellion or sedition; and oe 3. That there isno public uprising. 4. That the offender knows that the one he is assaulting is a ‘person in authority or his agent (with intention to offend, injure or assault); and (GENERAL RULE: Direct assautt is always complexed with the ‘material consequence of the act (Ex. direct assauit with ere de ~EXGEPTION: If resulting in a light felony, the consequent crime , gon 0) OFFENDER § & PERSON IN AUTHORITY: FORCE NEED NOT BE Ze SERIOUS force employed need not be serious when the offended Barty isa person in authority (Laying of hands). iiaonmiOn ust BE SERIOUS WALL CASES = a BP ecguiy Toe tentang. or restauen ost be serious whether the : ATEMI ended perf un agent ony oa person sebory (B. ifthe am ofthe offender ito ataln an ebect of sei eee = : ; ‘offended party may be a private individual or ERB belonging toa social ss (Par 4 of Art 139), 2 marin ay ‘or by seriously Intimidating or by seriously oy person in authority or any of his agents, while engaged in the performance of official duties, or on the oceasion of such performance. (Second form). Elements: Offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance; Person assaulted is a person in authority or his agent; [At the time of the assault the person in authority or his agent a. is engaged in the actual performonce of official duties {motive is not essential); oF 4s assaulted by reason of the past performance of official duties (motive sessentia); ey b. resp must accra ‘must be active. It is only passive when for example ste one to be arrested tows hnoef onthe ground aking necessary to drag him along to jal. PERSON IN AUTHORITY, DEFINED ‘A person in authority is any person directly vested with Jurisdiction (power or authority to govern and execute the laws) whether 25 an individual or as a member of some court oF {governmental corporation, board, or commission. Examples: A barangay captain, 2 Division Superintendent of Schools, President of Sanitary Division and a teacher for purposes only of Art 148 and 151. AGENT OF A PERSON IN AUTHORITY, DEFINED. ‘An agent is one who, by direct provision of law or by election or by appointment by competent authority, is charged with the ‘maintenance of public order and the protection and security of life and property. Examples: Barrio councilman and any person=> CRIMINAL LAW REVIEWER ‘who comes to the aid of the person in authority, policeman, muridipal treasurer, postmaster, sherif, agents of the BIR, Maiacafiang confidential agent. PERSON IN AUTHORITY AGREES TO FIGHT Even when the person in authority or the agent agrees to fight, rect assault is stil committed. WHEN BOTH CONTEND THAT THEY ARE EXERCISING A DUTY, “THERE CAN BE NO ASSAULT OR DISOBEDIENCE ‘There can be no assault upon or disobedience to one’s authority by another person in authority or his agent when they ‘both contend that they were in the exercise of their respective duties. WHEN A PERSON IN AUTHORITY OR HIS AGENT IS NOT PERFORMING OFFICIAL DUTIES. ‘A person in authority or his agent is not performance of official duties when he (1) e3 (2) uses unnecessary force or violence or; ‘matters which are private in nature. his powers, (8) descends into KNOWLEDGE THATR VICTIM 15 A PERSON Bt eSseNTIAL ; Knowledge of the accused that the victiri IS | oor his agent is essential and such knowledge the information $ EVIDENCE OF MOTIVE WHEN NOT IN THE radon of COFPICIAL DUTY S REQUIRED Ealtver af rote of the offender single when nob Oi person In authority or his agent who is attac seriously intimidated is notin the actual performance of his offical DIRECT ASSAULT MAY BE COMMITTED UPON A PRIVATE PERSON Direct assault may be committed upon a private person who ‘comes to the aid of 2 person in authority since he is then considered an agent of a person in authority. DIRECT ASSAULT CANNOT BE COMIMITED DURING REBELLION Direct assault cannot be committed during rebellion. Crime of slight physical injures is absorbed in direct assault. Qualifying Circumstances: L__ When the assault is committed with 3 weapon; 2. When the offender's a public officer or employee; or 3. Whenthe offender lays hand upon a person in authority CENTRAL BAR es ee Art, 149. Indirect assault Elements: 1. The direct assault is committed against an agent of a person in authority; 2. That the offended party comes to the aid of such person in authority or his agent; and 3. That the offender makes use of force or intimidation upon the said offended party. NOTE: ‘L Indirect assault can be committed only when 2 ditect assault is also being committed. 2. The offended party inthe indirect assaults may be a private person. Art. 150. Disobedience to summons issued by the 2% Byrebsng, w/o legal excuse, to obey summons issued by % he Congress or any ofits committees or subcommittees, Constitutional committees or by any commission of _gommitteé chairman or member authorized to summon any person present before legislative or _ constnutignal body or offal to: to be sworn or placed ion. 2 Be to answer any legal inquiry; or to produce 3 ‘documents, records etc. when required to do so by said bodies in the exercise oftheir functions; pss Restraining, another from attending as witness in such body oF 5. Inducing disobedience to a summons or refusal to be sworn. Art. 151. Resistance and disobedience to 9 person in ‘authority or the agents of such person Elements ~ Resistance & Serious Disobedience (par. 1) 4. That a person in authority or his agent Is engaged in the performance of official duty or gives a lawful order to the offender; 2. That the offender resists or seriously disobeys such person Inauthorty or his agent; and 3. That the act ofthe offender is not included in the provisions ‘of Arts. 148, 149 and 150. - +Elements ~ Simple Disobedience (par. 2) That an agent of a person in authority 1s engaged in the performance of offical duty gives a lawful order to the offender; 2. That the offender disobeys such agent of 3 person in authority; and 3, That such disobedience isnot ofa serious nature. Now 1. Person autho oc hs agent must bein the ata pevforance of his ofl duties 2, The dsobodenc contemplated cont ithe fale ot real to obey + det oder fom he author or agent. 8. _Theacaised mst have rowed tht the person erg the order is a person in authority of his agent. 4. Theorer mos below ethene resctane sisted, 5. Disobedience in 2" par. must not be serious. Otherwise will fall under 1" par 6 teetance mustox be seus others tat under rec oseute Serene) PlA or his agent must be ‘engaged in the performance of official duties or that he is assaulted by reson thereof his agent. Use of force against an agent ‘OFPIA must be serious and deliberate. Simple dsbedience —orce ‘against an agent of a PIA not so serious; No manifest intention to defy the law & officers enforcing it. Art. 152. Persons in authority and agents of persons in ‘authority - who shall be deemed as such PERSON IN AUTHORITY -any person directly vested with Jurisdiction, whether as an individual or as a member of some ‘court or governmental corporation, board or commission. They Include: Barangay Captain, Barangay Chairman aL OPERATIONS 2010 For the purposes of Art. 148 and 151: Teachers, professors, persons charged with the supervision of public or duly recognized private schools, colleges and universities, lawyers {In the actual performance oftheir professional duties or on the ‘occasion of such performance are persons in authority. AGENT OF PERSON IN AUTHORITY -any person who, by direct ‘provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of ifeand property. They include: a. Barriocouncilman b. Barrio policeman © Barangayleader d. Any person who comes to the aid of persons in authority "PSaqion 388 of the Local Gov't. Code provides that for ut of the RPC, the punong barangay, sangguniang ge Barangay Reembers’and members of the opong togapamayopa in each Barangay shal be deemed as personsin authority in their Jurisdictions. 2 Other barangay officials and members who may be designated by law or ordinance and charged with the “maintenance of public order, protection and the security of life, propery, or the maintenance of a desirable and balanced {2 environment, and any barangay member who comes to the aid "cofjpersons inguthorty shall be deemed agent of persons in professors, lawyers etc could be considered as ‘authority not only for Arts. 148 and 151 but also for LB. Reyes) ‘Chapter Five: PUBLIC DISORDERS Art. 253. Tumults and other disturbances of public order = Tumultuous disturbance or interruption liable to cause disturbance ‘Tumuls and other disturbances: 11. Causing any serious disturbance in a public place, office oF establishment; 2. Interrupting os disturbing public performances, functions, {gatherings or peaceful meetings ifthe act is not included in ‘Arts, 131 and 132 (Public Officers interrupting peaceful ‘meetings or raligious worship); 3. Making any outcry tending to incite rebellion or sedition in ‘any meeting, association or public place; “Advisers: Atty. Ronald Chua; Atty, Brady De Castro Hews: Nina Mea; Vr Venture Understudy; And Dimalants; Lala Cala Star ularbaly Andrew atpuan Volunteer: Janeca Naboys.— ieCRIMINAL LAW REVIEWER Gye STS 4. Displaying placards or emblems which provoke a disturbance of public order in such place; 5. Burying with pomp the body of 2 person who has been legally executed. TUMULTUOUS - caused by more than 3 persons who are armed or provided with means of violence. NOTE: 1. fthe act of esturbng or interrupting a meeting or reiglous ceremony isnot committed by public officers or if commited by pubic officers who are participants therein, tis article applies. Art 131 and 132 punishes the same acts if committed by public oficers who are not participants in the meeting. 2. The outcry is merely a public disorder if fis an unconscious outburst which, although rebalious or seditious in nature, is ‘ot intentionally calculated to induce others. to. commit rebelion or sedition, otherwise, I is inciting tos@élion or sedition. - 3 Qualifying croumstance if a unlawful utterances ‘ets punishable: 11. Publishing or causing to be published by lithography or any other means ofp ee false news which may endanger the public oder, of $0585 damage to the interest or credit ofthe State.” 2. Encouraging disobedience to the law or tp the consthuted, authorities or by praising, justifying or etaling any act Punished by law, by the same means of by..words, utterances or speeches. wie 3. Maliciously publishing or causing to be published any ‘offcat resolution or document without proper authority, or before thay have bean published official 4. Printing. publishing or distributing or (causing the same) books, pamphlets, periodicals or leafets which do not bear the real printer's name, or which are classified as anonymous, ‘Art. 155. Alarms and scandals ‘Acts punishable: 1. Discharging any firearm, rocket, firecracker, or other ‘explosive within any town or public place, calculated to ‘cause (which produces) alarm or danger. + ed a2 OPERATIONS 2010 ago raat "—Aehisers Atty. Ronald Chua; Atty Brady De Castro Heads: Nina Ma; ir Ventura Understuy: And Dimalant; Lala Calin; Star Jlarbol; Andrea 2. nstigating of taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. 13. Disturbing the public peace while wandering about at night ‘oF while engaged in any other nocturnal amusement. 4. Causing any disturbance oF scandal in public places while Intoxicated or otherwise, provided the acts not covered by ‘Ar. 153 (tumult). Note 1. Chorivari - mock serenade or discordant noises made with kettles, tin horns etc., designed to deride, insult or annoy. 2. Firearm must not be pointed at a person, otherwise, i Mlegal discharge of firearm (Art. 254). 3. For discharging any firearm, et, the act must produce slarm or danger as a consequence. ‘AREA56, Delivering prisoners from jail PL That tHigie "a person confined in a jail or penal sstablishinent; 2. That the ‘offender removes therefrom such person, or ‘elps the escape of such person, “DOESNOT APPLY TO DETENTION PRISONERS soy py Ese, I already serving final judgment, il in tum be held fable for evation of sentence (Art. 157). i ha ls merely Eedetenion priggner hei not rial lable. 5 OFFEnOBFS AN OUTSIDER “The affehders generally an outsider tothe jl If the offenders ic officer or a private person who has custody of the ‘rsoner and who helps 2 prisoner under his custody, Arts, 223 (infidelity in the custody of a prisoner) and 225 (escape of Drisoner’ under custody of private person) wil apply respectively. [MAY APPLY TO A PRISONER ‘Art. 156 may apply to 2 prisoner who helps the escape of another prisoner. (MAY BE COMMITTED THROUGH NEGLIGENCE OR IMPRUDENCE This felony may also be committed through imprudence or ogligence. mt Katipuan Volunteer: Janeca Naboy— az>. CRIMINAL LAW REVIEWER “eal S Sec! PERSON CHARGED WITH DELIVERY MAY BE LIABLE AS AN ‘ACCOMPLICE ‘A person delivering @ prisoner from jall may be held lable os ‘accessory f the crime committed by the prisoner for which he is, confined or serving sentence is treason, murder or parricide: ‘QUALIFYING RCUMSTANCE ART. 156 Circumstance qualifying: use of violence, intimidation or bribery. (MITIGATING CIRCUMSTANCE Mitigating circumstance: if it takes place outside the penal establishment by taking the guards by surprise a Six SERVICE ART 157. Evasion of Service of Sentence Elements: a 1L._ That the offenderis a convict by final 2. That hels serving his sentence which cafissts in deprivation of liberty (destierr included); and 3. That e evades the sonic of sentence wee during the tarm of his sentence. Note: 1. Thisis a continuing offense. 2, This artide does not apply to minor deingui prizoners oF deportes. 3. Ifthe offender escaped within the 1 crmeisnet wasn because uments rot fra 4. ircumstances qualifying the offense: Evasife was done through ce ‘2 Uniawul entry (by *saling"y . Breaking doors, windows, gates, walls, rofs or Fors: ¢ Using pickoci,flsokey, cle, deen, lence or imtniation: oF 4. Connivance with other convets or employees of the penalinsttuion Art. 158. Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other aaa Elements: 11. That the offender Is a convict by final judgment who is ‘confined ina penal institution. + Saute a LT OPERATIONS 2010 eee “AWHAT IS Sarr a3 = "Wihat is putished isnot the feaving ofthe penal institution, but appeal nt s 2. That there is disorder, resulting rom: (MCScEE) 2. conflagration, b. earthquake, c. explosion, 4. similar extastrophe, or mutiny in which he has not participated 3, That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the ‘occasion of such disorder or during the mutiny, and 4. That the offender fails to glve himself up to the authorities within 48 hours following the Issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. EFFECT OF EVASION OF SENTENCE:INCREASE IN PENALTY Penalty of commission of this felony is an increase by 1/5 of the remaining to be served under the original sentence, in no exceed 6 months. P , CRIMINAL LAW REVIEWER ay, fa | I O nanan OER [NOTE:A private individual may be a principal by inducement but, ‘Ant. 175, Using false certificates not direct participation. Elements: 2. Using sald falsified message 4. That a physician or surgeon has issued a false medical certificate, or @ public officer has issued a false Hlements: certificate of mert or service, good conduct, or similar 3, That the accused knew that wireless, cable, circumstances, or @ private person had falsified any of telegraph, oF telephone message was falsified by said certificates; any of the person specified in the first paragraph 2 That the offender knew that the certificate was fale; of art. 173; and 'b. Thatthe accused used such falsified dispatch; and 3. That he used the same. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the we NOTE: When any of false certificates mentioned in Article 174 is thereof was with intent to cause such prejudice. ‘sed in judicial proceedings, Article 172 does not apply because its limited only to those false documents embraced in Articles Note: 471 and 172. ‘The public officer, to be lable, must be engaged in the senvicsOFO2t sending or reciving witless, cable and telegraph prelephone 6.— Manufacturing, Importing and possession of message. fn nts oF implements intended for the commission 4 of falsification For uttering of falsifying. a private indvidyat may be a principal - byindcenent bu not ee panicpaton For use of, Dek « “= Art. 176. Mahufacturing and possession of instruments aa 4 stg te: _ a. implement for fasifcaion 1. Making or introducing into the Philippines any stamps, dies,oF marks or other instruments or implements for coupterteting a fabsifcation. gSsessing with intent to use the instruments or plements for countereiting or falsification made in Section 5.— certificates of merit or service and rdthgtte At 178, Foe medal cetfeates, oe cotfcates of ‘merit or service, ete ey, 30% orintroduced into the Philippines by ancther person, Ta Persons able: NOTE: 11, Physician or surgeon who, in connection with the practice of his profession, Issued a false certificate 1. The implements confiscated need not form a complete set. ‘which refers tothe illness or injury ofa person. 1s enough that they may be employed by themselves o- 2. Public officer who issued a false certificate of merit of together with other implements to commit the crime of service, good conduct or similar circumstances. x. ‘counterfeiting or falsification. Certificate of residence 2. Constructive possession is also punished, asin Ar. 165. 3. Private individual who falsied a certificate under (1) and (2). Certifieata - any writing by which testimony is given that a fact has or has not taken place . Chapter Two: OTHER FALSITIES Section 1. - Usurpation of authority, rank, title, and improper use of names, uniforms and insignia Advisers: Atty Ronald Chua; Atty. Brady De Castro Heads: Nina Mell; Vi Ventura Undershy: Andi Dimalanta; Lala Calm; Star Suarbal; Andres Katipuan Volunteer: Janeca Naboya—se. CRIMINAL LAW REVIEWER ‘Art. 177. Usurpation of authority or official functions ets punishable: Usurpation of authority: By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine or any foreign government 2. Usurpation of official functions: By performing any act pertaining to any person in authority or public oficar of the Philippines or foreign government under the pretense of ‘such official position, and without being lawfully entitled todoso. NOTE: Ln usurpation of authority, the more act of knowingly and falsely representing oneself is sufficient. tis not necessary that he performs an act pertaining toa public office 2 Thee mtb poate, wom nd wale geen ‘and not merely a failure to deny. 2. In-veupation of offical functions, itis Gesentil thatthe Coffender should have performed an’ act pertaining to, a. person in authority. git 4. public officer may aso be an offender. pe 5. A137 doesnot apply to occupant unde Stor ile © 6. If it can be proven that the ususpition.‘o-dutiity ‘official functions by accused was" Ges faith or Elements of using fictitious name: —— 11. That the offender uses a name other than a. That he uses that fictitious name publicly (Ex. Signing fictitious name for a passport); 2. That the purpose ofthe offenderis— b. Toconceal a crime, . To-evade the execution of ajudgment, or 4. Tocause damage to public interest. Fictitious name - Any other name which a person publicly applies to himself without authority of law NOTE: If tis damage to private interest, the crime willbe estafa under Art. 315, subdlvision 2 Par (a). a) OPERATIONS 20/0 Elements of concealing true name: 11. That the offender conceals— a. histrue name, and b. allother personal circumstances; and 2. That the purpose is only to conceal his identity. Publicity not necessary, Element of publicity must be present eee Nes af aitdament ot cal | aecerionne tan = Anti-Allas aw 142, as amended 4 Verso wes any rae ferent rom RA. 6085 se ‘The one w/ w/c he was registered at bith in the aifice of the local civil registry, or © 'b, Wy ale he was registered in the bureau of Imtngration upon entry. or _p& Suk substtute name as may have been authorized Y” byacompetent cour © Exempted from criminal Habilty are persons who use | another ame 3s 2 pseudonym solely for literary, cinema, radio, or ether entertainment purposes and in athlete events; and £ saab hey person who having been baptized with = name different from what was registered, or who had obtained juial authority for use of an alias, or who uses 3 pseudonym, represents himself in any public or private document wio stating or affixing his real or orginal name or aliases or pseudonym he is authorized to use. NOTE: ‘LJudidal authority must be first secured by @ person who desires to use an alias. 2. However, a common-law wife does not incur criminal abilty under the Anti-Alias Law if she uses the sumame of the man she has been living w/ for the past 20 years and has been Introducing herself tothe public a his wife. Advisers: Atty Honald Chua: Atty. Brady De Castro Hea: Nina Mejia Vi Ventura Understudy: Andi Dimalanta; Lala Cala; Star llarbal Andres ‘Katpuan Volunteer: Janeca Naboya ~ Psi ATE Nt I (0 pitti Art, 179. Illegal use of uniforms or insignia NOTE: 2 Viton ofthat requires minal intent. Hence it Elements: cannot be committed through negligence. 1 That Be offender mates use of inden, enform or 2 TReoflenderneed not impute gut upon the seuss to be reas fe a corrections 2. seta untormor drs partinsto mone The erat st least be sentenced to a correcionl not held by the offender or to a class of persons of enalty ora fine, or must have been acquitted. rt held by the offender o 4, Thence who gave foe testimony ble even the i ° Cour di ct cans Ns tastinony. Missal indniaunflor or desisused ubévand Sty depen upon sentence mposed on the defendant et except in the case of a judgment of acquittal. Since Art. 180 ie ties not prescribe th penaly where the defendant n'a oe ; ee ciminal case sereree toa light penal ae tetinony 1 Wearing the uniform of an imaginary offen is not incate of light pnaky cannot be punched, conldng 2. _Anexact imitation ofthe dress or uniform is unnecessary; a ‘that a pana aw rst abays ba erie construad, colorable resemblance calculated to deceive fs sufficient. 3. The term “improperly” means that the offender‘Ris Wo Tightto use the uniform orinsignia. 4. Using naval, military, police or other/ffcial unitorm, decoration or regatia of foreign State with intent to deceive: ‘or mislead is punished byRA75, S. Wearing insignia, badge or emblem et rank ot nope ofthe mad Frcs of he Pipe oe ons punished by RA 483 except if used in orn moving picture fms, “Pel, 8. Fle testimony verable to the defendant mony must be gen ina cil case; 2 _Thathe testimony mus ree tothe ses presented ‘That the testimony must be fle; ‘That the false testimony must be given by the defendant knowing the same tobe false and That fhe testimony must be macocs and given with an igje to sect the sues presented Inthe sid cag 2 Ty a Teese d fs Elements: —_ oni 1. That there be a criminal proceeding: “GON S False testimony in favor of defendant need not directly 2. Offender testifies falsely under oath against the influence the decision of acquittal nor benefit the defendant. defendant therein; The intent to fevor defendants uficent. 3. Offender knows that It is false; and 3. A statement of mere opinion Is not punishable, 4. The defendant against whom the fase testimony ts 4. Comeion or aeqital ie not neces-ay Una udgment is not given is either acquitted or convicted in 2 final necessary), ut gravity of crime in principal case should be idgront. shown, 5. Defendant who falsely testified in his own behald in criminal False Testimony - committed by a person who, being under oath case is guity of false testimony favorable to the defendant and required to testify as to the truth of a certain matter at a 6. Rectification made spontaneously after realizing mistake is hearing before a competent authority, shall deny the truth or not fale testimony. say something contrary to 7. The penaty in his artic sles than that whichis provided in the preceding article because there ino danger to Ife of Tibery ofthe defendant. Advisers: Atty. Ronald Chua: Aty. Brady De Castro Heads: Nina Melia; Vi Ventura Understudy: Andi Dimalanta; Lala Calma; Star ularly Andrea Katipuan Volunteer: taneca Naboya ~rt. 182. False testimony in civil cases NOTE: 1. This article applies only to ordinary civil cases, and not to special proceedings, which may fall under Art. 183 (perjury). 2. Basi of penalty: amount involved in the civil case. Art, 183. False testimony in other case and perjury in ‘solemn affirmation “Two (2) Ways of Committing Perjury 3. By falsely testifying under oath b. By making a fabe affidavit Elements of perjury: 1. That an acted made a statement undo cath an ‘made an affidavit upon a material matter, 2. That the statement or affidavit was, competent officer, authorized administer oath; 3. _Thatin that statement or affidavit, the accused mag & Wilful and deliberate assertion of a falsehood nd 4. That the swom statement or afidavit containing falsity is required by law. Z gwit ide before a recelve and MATERIAL MATTER, DEFINED Se 's the main fact which is the subject of this reumstance which tends to prove that fact ofany fact circumstance which tends to corroborate or stren testimony relative to the subject of nln x which agate affects the credit of any witness who testifies. There is no perjury if swom statement is not materia to the prindpal matter under investigation, ‘WHO IS A COMPETENT PERSON? ‘A “competent person authorized to administer an oath” means 2 person who has aright to inquire into the questions presented ‘tohim upon matters under his jurisdiction, NO PERIURY THROUGH NEGUGENCE ‘There is no perjury through negligence or imprudence since the assertion of falsehood must be wilful and deliberate, Katpuan Votunt a) OPERATIONS 2010 rary or am WHEN DOES SUBORNATION COMMITTED. ‘Subornation of periury is committed if a person procures ‘another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury. As the crime *subomation of perjury’ has been omitted, this is now treated as plain perjury, the one inducing another as principal by inducement and the one Induced as principal by direct participation Art. 184. Offering false testimony in evidence Elements: 1. That the offender offered in evidence 2 false witness or false testimony; 2. That he fnew the witness or the testimony was fase; and yg That the offer was made in a judicial or offi! “proceeding. © this amide aps when the offender, without inducing ‘nother but owing him to be a false witness, presented him and the later testified falsely in 9 judicial or official need not be convicted of false testimony. A Emere off to present him is sufficient, wt Chapter Three: FRAUDS Raa Section 1. ~ Machination, monopolies and combinations Art. 185. Machinations in public auctions ‘Acts punishable: 1. _ By solictting any gift or promise as a consideration for ‘refraining from taking part in any public auct By attempting to cause bidders to stay away from an ‘auction by threats, gifts, promises or any other artifice Elements of soliciting gift or promi 4. That there be a public auction; 2. That the accused solicited any gift or @ promise from ‘any ofthe bidders; —oAoaa— pee Poe —navser ty Ronald Cha: ty. Brady De Caste Hens Nina Mei: Ub Ventura nde And alan ala Cab Sura Anden Janeca Naboya— Ps3. That such gifts or promise was the consideration for his refraining from taking part in that public auction; and 4. That the accused had the intent to cause the reduction of the price ofthe thing auctioned. Elements of attempting to cause bidders to stay away: 1. That there be a public auction; 2. That the accused attempted to cause the bidders to stay away from that public auction; 3. That it was done by threats, gifts, promises, or any ‘ther artifice; and ‘4. Thatthe accused had the intent to cause the reduction of the price ofthe thing auctioned. note: The crime is consummated by the mere act of, gift or promise, and it is not required tt he ‘making the proposal actualy refrains fy ‘any public auction. + Mere attempt to cause prospective fidders to stay, from the auction is sufclent to conaitute an oles The sere sie hes ‘taking part in ev) Tt OPERATIONS 2010 raking transactions prejudicial to lawful commerce or Increasing the market price of any merchandise or object of ‘commerce manufactured, produced, processed, assembled ‘of imported into the Phiippines. PROPERTIES FORFEITED IN FAVOR OF THE GOVERNMENT Any property possessed under any contract or combination contemplated in this article shall be forfeited to the Government. [MERE CONSPIRACY IS PUNISHABLE Mere conspiracy or combination is punished. OFFENSE 1S COMMITTED BY CORPORATION When the offense is committed by a corporation or association, the president and directors or managers who knowingly Prose or aed o prevent the commision of such offenses © The penalty tc figherf the items involved are food substance, * tmater fol or bricants and goods of prime neces. MONOPOLY, DEFINED fF more person ar companies, consisting in the exclusive right pe ec ae gaee suet ti oat sae ‘RMONOPOLY is a privilege or peculiar advantage vested in one trade wa ‘Acts Punished: & & 1. Conspiracy or combination to prevent tree competitici the market te By enteringinto any contract or agreement 2 conspiracy or combination in the form of otherwise, in restraint of trade or commerce of to prevent by artifical mean free competition in the market. 2. Monopoly to restrain free competition in the market By monopolizing any merchandise or object of trade or ‘commerce or by combining with aay other person or persons to monopolize said merchandise or object In order to alter the prices thereof by spreading false rumors or free competition r Producer, or processor or Importer combining, conspiring oF agreeing with any person to ‘make transactions prejudicial to lawful commerce or t0 Increase the market price of merchandise ‘By manufacturer, producer, processor or importer of any merchandise or object of commerce who combines, conspires or agrees with any person for the purpose of yo GESTS Le pappartcuar ag (or power to carry on 2 particular business or trade, manufacture fe, oF control the sale or the whole supply of @ jcutrcoffmodty. com IN IN RESTRAINTR OF TRADE, DEFINED. A.GOMBINATION IN RESTRAINT OF TRADE is an agreement or 28"linderstanding between two or more persons, in the form of 2 Contract, trust, pool, holding company, or other form of association, for the purpose of unduly restricting competition, ‘monopolizing trade and commerce in a certain commodity, controling its production, distribution and price, or otherwise interfering with freedom of trade without statutory authority. MONOPOLY V. COMBINATION Combination in restraint of trade refers to the means while ‘monopoly refers to the end. NOTE: Ropublic Act No. 7581, otherwise known as the PRICE ACT, defines crimes of ilegal price manipulation relative to basie necessities and prime commodities (e.9., hoarding, profiteering, cartel), Advises: Atty. Ronald Chua; Atty. Brady De Castro Hea: Nina Mefla: Vv Ventura Understudy: Andi Dimalanta Lala Calma; Star lularbal; Andrea atjpuan Volunteer: laneca Naboys ~ os"BASIC NECESSITIES" includes: rice; corn; bread; fresh, dried and canned fish and other marine products; fresh pork, beof and poultry meat; fresh eggs; fresh and processed milk; fresh vegetables; root crops; coffee; sugar; cooking oll salt; laundry soap; detergents; firewood; charcoal; candles; and drugs classifieds essential by the Department of Health, “PRIME COMMODITIES" include fresh fruits; flour, dried, processed and canned pork; beef and poultry meat; dairy ‘products not falling under basic necessities; noodles: onions; tlic; vinegar; patis; soy sauce; tolet soap; fertilizer, pesticides; herbicides; poultry, swine and cattle feeds; veterinary products for pouitry, swine and cattle; paper; school supplies; nipa shingles; sawali; cement, clinker; GI sheets; hollow blocks; plywood: plyboard; construction nails; batteries; electrical supplies; ight bulbs; steel wire; and all drugs not classified as ‘essential drugs by the Department of Health. ILLEGAL PRICE MANIPULATION is commited hebiniy engaged nthe ~ produ importer, storage, transport a tat ot pron mam, We eno folowing es of pce manipulation 9 fe pce ofa bb necessy or pie comerody. ‘Bee, (1)_ HOARDING, which is the undus!Sccunitlation b Berson or combination of persons of ny baie onmosty beyond Neo elton invent the unreasonable limitation or refusal to dis distribute the stocks of any basic neges commodity tothe general public or the tut of any basie necessity or rime com channel of production, trade, commerce and int + PRIMA FACE EVIDENCE: when a person has stocks of any basi necesty or prime commodity fifty percent (50%) higher than "his usual inventory and unreasonably limits, refuses or fls to sell the same 10 the general public at the time of discovery ofthe stock. ‘any person anata, on, sale or ot nebessity or se titled ieee (2) PROFITEERING is the sale or offering for sale of any basic necessity or prime commodity at a price grossly in ‘excess ofits true worth, ‘¢ PRIMA FACIEVIDENCE: profiteering whenever a basic necessity or prime commodity being sold: (a) has no price tag: (b) is misrepresented as to its weight or measurement; (c) is adulterated or diluted; (4) whenever a person raises the price of any basic Advisers Atty. Ronald Chua; Atty. Brady De Castro Heads: Nine Mefia; Viv Ventura Understudy: Andi Dimalanta Lala Calm; Star lularbal; Andres eT OPERATIONS 2010 Scene necessity or prime commodity he sells or offers for sale to the general public by more than ten percent (10%) of its price in the immediately preceding month: (3) CARTEL, which is any combination of or agreement between two (2) or more persons engaged in the production: manufecture, processing storage, supply, Aistribution, markoting, sale or disposition of any basic necessity or prime commodity designed to artificially and unreasonably increase or manipulate is pice ‘PRIMA FACIEE EVIDENCE: whenever two {2) or more persons or business enterprises. competing for the same market and dealing inthe same basic necessity ‘or prime commodity, perform uniform or complementary acts among themselves which tend to bring about artificial and unreasonable increase in the price of any basic necessity or prime commodity “hygr when they simultaneously and unreasonably Hicredse prices on their competing products thereby Ipsganing competition among themiohes, ‘Section 2, Frauds in commerce and industry ‘Arty:187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other 1. Tht the offender imports, sells or disposes of any article ;86t merchandise made of gold, silver or other precious metals or their alloys; That the stamps, brands, or marks of those articles or ‘merchandise fail to indicate the actual fineness or quality Of said metals or alloys; and 3. That the offender knows that the said stamp, brand, ot mark fais to indicate the actual fineness or quality of the metals or alloys, 1 nen evidence shows the article to be Imported, selling the misbranded articles fs not necessary. 2. Art. 187 does not apply to the manufacturer; if he is the ‘one who alters the quality oF fineness of his own article, he {s instead fable for estafa under Art. 315, 2(6) atipuan Volunteer: laneca Naboya— 80Art. 188. Substituting and altering trademarks, tradenames, or service marks ‘Acts punishable: 1. By (a) substituting the trade name (TN) or trademark (TM) of some other manufacturer or dealer or a colorable imitation thereof, for the TN or TM of the real manufacturer or dealer upon any article of commerce; ‘and (b) solling the same. 2. By sling or by offering for sale such articles of commerce, knowing that the TN or TM has been fraudulently used 3. By using or substituting the service mark of some other Person, oF a colorable imitation of such marks, in the sale or advertising of services. 4. By printing, lithographing or reproducing TN, TM or service mark of one person, or a colorable, thereof, to enable another person to fraudishtly use the seme, knowing the fraudulent purpose, fF which it is to be used. ral Note: et, 1L._The prowsions of Articles 188 and 189-of te Reged? Penal Code which are inconsist se ns (tect! Property Code pe Pees ilies a repealed. ee 2. The trade name, trademark or strvice aie need fot be identical 3 colorable imitation is sufelent.Ther@ must nt be dflerences which ae garing and akg: tothe eye. : 3. MARK” means any visible 2 capable of distinguishing the goods or serves of afcenter acer ac a 4. SERVICE MARK: a mark used in the sale or advertising Of services to identify the services of one person and distinguish them from the senvices of others and jnchides without limitation the marks, names, symbol, titles, dosignations, slogans, character names, and distinctive features of radio or other advertising 5. TRADE NAME: identify oF distinguish an enterprise: unlike trademarks, not necessarily attached or affixed tothe goods 6. TRADEMARKS: to indicste origin of ownership of {g00ds to which itis affixed Intrademarks, it's not necessary that the goods of the prior user and the later user of the trademark are of the same categories. The meat of the matter Is the (ad sa) OPERATIONS 2010 ~ Advisers: Atty. Ronald Chua; Atty, Brady De Castro Heads: Mina Mafia: Viv Venture Understudy: And Dieslanta; Lala Calm Star Jularbal Andres ‘atipuan Volunteer: Janeca Naboya-~ likelihood of confusion, mistake or deception upon Purchasers of the goods of the Junior user of the mark and goods manufactured by the previous use © The trade name or trademark must be registered. ‘Trademark must not be merely descriptive or generic. ‘© “The exclusive right to an originally valid trademark or trade ‘name fs lost if for any reason it loses its distinctiveness or has become “public juris” Art. 189. Unfair competition, fraudulent registration of trade name, trademark, or service mark, fraudulent designation of origin, and false description “Superseded by RA 8293, the Intellectual Property Code, Jan. 1, 1998, Acts punished: a1 Unfair competition: by selling his goods, ging them “Yy, the general appearance of the goods of anther manufacturer or doar. sf Frade designation of orgn/ Fae description: : by (a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and (b) selling such goods pr services. "<3. Fraudulent registration: by procuring fraudulently from the patent office the registration of TN, TM or oe mark, ‘competition: it the offender gives his goods the general ‘appearance of the goods of another manufacturer or sealer; ‘That the general appearance is shown in the (a) goods themselves, (b) wrapping of their packages, (c) device or words therein, or in (d) any other feature of their ‘appearance; 3. That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same witha like purpose: and 4. That there is actual intent to decelve the public or defraud a competitor. Unfair Competition: employing deception or any other means ‘contrary to good faith by which any person shal pass off the goods manufactured by him or in which he deal, or his business, or services for those of the one having established ‘goodwill, or committing any acts calculated to produce such result. 81CRIMINAL LAW REVIEWER © Ese Nore: 4. Test of unfair competition is whether certain goods have been clothed with an appearance which is likely to deceive the ‘ordinary purchaser exercising ordinary care. 2.1tis not necessary that a registered mark is employed. It is ‘enough that a person has identified in the mind of the public the goods he manufactures or deals in from those of the others 2 a) ge ark or tradename appearance of the goods of nether and sls thesame ‘Republic Act No. Ee hy Se ‘repealed by R.A. $165, oF “The Dangerous Dfias A DANGEROUS. A. NO. 91¢ ‘the RPC on other prohibited drugs) ‘Acts Punishable: 1. Importation of dangerous drugs (even for floral, ‘decorative and culinary purposes) and/or controlled precursors and essential chemicals ‘Qualifying circumstance: If the importation was through the use of @ diplomatic passport, diplomatic facilities or any ‘other means involving the offender's oficial status intended to facilitate the unlawful entry of the same, . Orgonizes, manages or acts asa financier ‘+ The protector or coddler is aso liable. — Advisers: Atty. Ronald Chus; Atty. Brady De Castro Hea 2. Sale, trading, administration, dispensation, delivery, ‘distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals Qualifying circumstances: 3, If any of the transaction transpires within 100 meters froma school; 'b. If minors/mentally incapacitated individuals are used as runners, couriers and messengers of drug ushers; c.f the victim of the offense is @ minor, or mentally incapacitated individual or shoulda prohibited/regulated drug involved in any offense ‘under this section be the proximate cause of the death of a victim thereof 4. Organizes, manages or acts as financier Sgr erottrn cote op fait fot a den, dive, or resort where any aor ‘dnig and/or controlled precursor and essential Cheinicals sold or used - Qualiying drcurstances: " ‘Where. 2 probibited/regulated drug is administered, delved, or sold toa minor who is allowed to use the same‘ sich place; oF On ghe maintainer, owner or operator, should + ibted drug be the proximate cause ofthe death the person wsing the same in such den, dive of _ Organizes, manages or acts as financier ‘©The protector oF coddlers also lable. © i place is owned by third person, the same shall be confiscated and eschested in favor of government iF 1. Complaint specifically allege that such place used intentionally for furtherance of crime 2. Prosecution proves intent on part of owner 3. Owner included as accused in criminal complaint ‘©The protector oF coddlers also lable. ‘OPIUM DIVE OR RESORT: place where dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for ilegal purposes, distributed, sold or used in any form ‘atipuan Volunteer: Janeca Naboya ~4, Being employees or visitors of drug den ‘© Persons liable: 1] Any employoe of a den, dive or resort who is aware of the nature of the place as such ‘and 2) any person not being included in number 1, who is aware of the nature of the place as such and shall knowingly visit the same. NOTE: A person who visited another who was smoking ‘opium shall not be table ifthe place is not an opium dive or resort 5S. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals ‘Aggravating circumstance: Clandestine lab is undertaken under the following circumstances: Any phase conducted in presence or with help of minors, 2. Trblshedfnderaten win 1gpylen, ot residential, business, chureh ors premizes Lab secured/protected by boob traps. Concealed with legitimate business operations Employment of practtiones, chemical a. sna, public official or foreigner. eS Quafiying circumstance: Organizes, thins financier 2g ea . Termeone ee lg NOTE: Presence of controlled precursor wong csi fF lab equipment in the clandestine lab is primal manufacture of any dangerous drug. (Clandestine Laboratory: Any facility used for illegal Manufacture ‘of any dangerous drug and or controlled precursor and e8sér chemicals 6. Mlegal chemical diversion of controlled precursor and ‘essential chemicals ‘Chemical Diversion: sale, distribution, transport of legitimately imported, n-transit, manufactured or procured ‘controled precursors or essential chemicals to any person ‘or entity engaged in manufacturé of dangerous drug and ‘concealment of such transaction through fraud, destruction ‘of documents, fraudulent use of permits, misdectaration, use of front companies or mal fraud Co i) Ld OPERATIONS 2010 ‘Manufacture or dolivery of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and/or controlled precursor and essential chemicals ‘Acts Punishable: 1. Deliver 2. Possess with intent to deliver 3. Manufacture with intent to deliver the Paraphernalia, knowing, or under crcumstances ‘where one reasonably should know Qualifying circumstance - use of a minor or a mentally incapacitated Individual to deliver such equipment, instrument, apparatus or other paraphernalia 8. Possession of dangerous drugs, regardless ofthe degree of ta purty te, Penalties are graduated tothe arcu of drugs (the "Sonly violation where quantity matters), “Fhe tnt drags how afro epectve amounts Jr he prada of pra: ‘Qualfying circumstance: If found in possession In 3 party, social gathering, or in the proximate company Of alg 2 person, regardless of quay Poston: unmthorned, ele acual or constfcive, respective of quantity, with Intent to (full knowledge that what was possessed was pronibiedo rested dug ‘Occupancy or taking 2. Intent to possess NOTE: ‘+ What is punished is present possession, not past possession + Ibis not necessary to allege In information that accused Is not authorized to possess opium Possession of equipment, instrument, apparatus and other paraphernalia fit for introducing dangerous drugs Into the body + Possession of such equipment is prima facle evidence that possessor has used a dangerous drug and shall be presumed to have violated Sec. 15, use of dangerous drug. Advisers: ty. Ronald Ch Ay. Brady De Caste Heads: Mia Me Vi Ventura Understudy: And Dla: ala Cala; Str ara: Andrea atipuan Volunteer: Janeca Naboya‘+ Qualifying circumstance: Party, social gathering, or in the proximate company of atleast 2 persons. 10. Use of dangerous drugs ‘+ Must be found positive after a confirmatory test ‘* 1st conviction ~ minimum of 6 mos. of rehablitation * 2nd conviction ~ imprisonment and fine ‘+ Where the accused Is also found to be in possession of dangerous drugs, this Section shall not apply. Sec. 11, possession of dangerous drugs, shall appl. Hence, USE is ‘subsumed by POSSESSION. Ex If the offender is caught with possession of paraphornalia, possession of dangerous drugs and use of dangerous drugs, the offense Is POSSESSION of dangerous drugs. oa 111. Cultivation or cutture of plants which are dangerous drugs, orare sources thereof at + The land/portons thereof and/or eget any ofthe said plants I cltvated oF contscatad and eschested to Seats ‘thereof prove that he did not know of. suet culture despite the exerde of sae + Quoting circumstance: 1) ftheland planted s part ofthe i to 2) Organizes, manages or acts «The protector or coddlrIsaso Hable." 12, Fallue in keeping of orginal records of dangerous drugs and/or controlled tssential chemicals po ‘© Persons liable: practitioner, manufacturer, wholesaler, importer, distributor, dealer, or retailer '* The additional penalty of revocation of his license to practice his profession in case of a practitioner, or of his, fF its business license in case of manufacturer, seller, importer, distributor or dealer, shall be imposed. 13. Unnecessary prescription of dangerous drugs ‘*Person Uable: Practitioner who shall prescribe any dangerous drug for any person whose physical/physiological condition does not require the use (of thereof orin the dosage therein. ea) OPERATIONS 2010 Oe ses D NOTE: Person lable has authority to issue a prescription for dangerous drugs but exceeds i. 14. Uniawful prescription of dangerous drugs NOTE: Person lable has no authority to issue a prescription for dangerous drugs. He may not even be a medical practitioner at a. ‘Also Punishable - ‘Attempt and conspiracy to commit the following offenses: Importation of dangerous drugs and/or controlled precursor and essential chemical, b. Sale, trading, administration, dispensation, delivery, ‘distribution and transportation of dangerous drugs and/or controlled precursor and essential chemical, Maintenance of a den, dive or resort for dangerous |, Manufactity-of dangerous drugs and/or contrlled eer tet ese comical ¢ Gutvation or eure of plants which are sources of dangerous drugs. Public officer or employee who misappropriates, ‘misappliés oF fails to account for confiscated, seized, of sur dangerous drugs, plant sources of danggfous drugs, controlled precursors and essential chgfficats, instruments/paraphemalia and/or laboratory _SMisipment including the proceeds or properties abtained 997 tom the unlawl acs, ‘Any elective local or national official who have benefited from the proceeds of trafficking of dangerous drugs or have received any financal/materiat contributions or donations from natural or juridical persons guilty of drug trafficking. 3. Ifthe violation of the Act is committed by a partnershi corporation, association or any judicial person, the partner, president, director, or manager who consents to ‘or knowingly tolerates such violation shall be held criminally liable as co-principal. 4. Any person who Is found guilty of “plonting” any dangerous drugs and/or controlled precursor and essential chemicals, regardless of quantity or purity {penalty of death). 5. Any person violating a regulation fssued by the Dangerous Drugs Board Advisers: Aty. Ronald Chua; Aty Brady De Castro Heads: Nina Mefia; Viv Ventura Understudy: Andi malas; Lala Cala; Sta lutacbal; Andrea ‘Katipuan Volunteer: aneca Naboya ~ coCRIMINAL LAW REVIEWER es tt) er el 5. Any person authorized to conduct drug test who issues C._Addrug dependent who is discharged as rehabilitated, but false or fraudulent drug test results knowingly, wilfuly does nat qualfy for exemption, may be charged under this ‘or through gross negligence. ‘Act, but shall be placed on probation and undergo 7. Any government officer tasked with the prosecution of ‘community service in lieu of imprisonment and/or fine in drug-related cases under this Act who delays oF bungles the court's discretion. the prosecution. D. A drug dependent who is not rehabilitated after the second commitment to the Center under the voluntary ‘© For the purpose of enforcing the provisions of this Act, all submission program shall, upon recommendation of the school heads, supervisors and teachers shall be deemed to Board, be charged for violation of Sec. 15, (use of be persons in authority and, as such, are vested with the dangerous drug) and be prosecuted ike any other ‘power to apprehend, arrest, or cause the apprehension or ‘offender. If convicted, he shall be credited for the period ‘arrest of any person who shall violate any of the said of confinement in the Center. provision. They shall be considered as persons in authority E. Should the drug dependent escape from the center, he if they are in the school or within its immedi vicinity, or may submit himsolf for confinement within 1 week from ‘beyond such immediate vicinity if they are in attendance in the date of his escape, or his parent guardian or relative any school or class function in their official capacity as ‘may, within the same period surrender him for schoo! heads, supervisors or teachers. PE confinement ‘ny teacher orschool employee nho discovered tot ‘any person in the school or within its immediate vicinity is. olin th Atal ave the duty to pot the aon 1 tel dose hs are ‘the matter to the proper authorities. Failure to repprti ter cas shall ar hea, conte 3 fordsdpnanysesonby he sol =kipon application of the Board, the Court shall fsue an “Origr for recommitment i the drug dependent does not resibinit “Aieelt for confinement or if he is not “surfendered for recommitment. i, Subsequent to such recommitment, he should escape again, he shall no fonger be exempt from criminal Habiity for the use or possession of any dangerous drug and be «subjected under compulsory confinement. Rules for Exemption from Criminal Labi i ‘through Voluntary Submission: 256 Compulsory confinement of a dug dependent who refuses to 2p) unter vcinery een programe: ‘A. Voluntary submission of a drug depindent, ho viokated = ‘Sec 15 Use of Dangerous Drugs) to confinerient, treatinent “his ei be done upon petition by the Board or any of its ‘and rehabilitation by himscl or tiigugh his paren ed representatives fled with the RTC of the guardian or relative within the 4th ifta center and= 9) ince or city where the drug dependent is found. compliance with such conditions thereli.,as_ the 8,e"The court shal order the drug dependent to be examined Dangerous Drugs Board may prescribe shall exemplitimacex<<""" by 2 physicans. if both of them conclide that the from criminal lability for possession or use of the respondent Is not a drug dependent, the court shall order dangerous drug. bis discharge. If either finds him to be a dependent, the 8. Drug dependent who is finally discharged from court shall conduct a hearing. Ifthe court finds himto be 2 confinement shall be exempt subject tothe ff conditions: dependent, i shal issue an order for his commitinent to a 1) Complied with the rules ofthe Center ‘treatment and rehabittaton center. 2), Never been charged or convicted of any offense under this Act, the Dangerous Drugs Act of 1972, Compulsory submission on of a drug dependent charged with she RPC of any special pena laws. an offensetotrestment end rehabiltation 3) No record of escape from the Center; provided if 41. Ia person charged with an offense with an Imposable he escaped, he surrendered by himself or penalty of less than 6 years and 1 day, and the Court or through his parent, spouse, guardian or relative Prosecutor, at any stage of the proceedings, finds that the ‘win the 4th degree of consanguinity or affinity person charged with an offense is a drug dependent, the w/in Lweek. fiscal or court as the case may be, shall suspend all further 4), Poses no serious danger to himself, family or proceedings and transmit records ofthe case tothe Board. community. If the Board determines thet public interest requires that ~ pees ee Advisers: Atty Ronald Chua; Atty. Brady De Castro Heads: Wha Mefia Viv Ventura Understudy And Dimalant; Lala Cala; Star Jlarbaly Andrea Katipuan Volunteer Janeca Naboya- i5 CRIMINAL LAW REVIEWER ‘such person be committed, i shall file a petition for ‘commitment. 2. After commitment and discharge, the prosecution shall continue. In case of conviction, the judgment shal, if certified by the center for good behavior, indicate that he shall be given full credit for the period of confinement; provided when the offense is use of dangerous drugs, and the accused is not a recidivst, the penolty shall hove deemed to have been served inthe center upon release. 3. The period of prescription ofthe offense charged against a drug dependent under the compulsory submission program shall not run during the time that the respondent/accused is under detention or confinement in acenter. Rules on suspension of sentence for fist offense of a minor: ‘A. Supervision and rehabilitative surveillance of the Board and a epee . Ifthe minor violates any of the conditions of his suspended sentence, rules of the Board, or rules of the center, the court ‘shall pronounce judgment of conviction and he shall serve Sentence as any other canvicted person. E. Upon promulgation of sentence, the court may, in its discretion, place the accused under probation, or impose community service in lieu of imprisonment. tnder such conditions that the court may imposesfor"#E™ period of 618 mos. Requisites for suspension: i 11, Accused is a minor over 15 yeas at the time of the, commission of the offense but not more sha@ils oe ‘years of age when the judgment saute heen o* Promulgated. 3 1 tae : 2. Hetas not been previously: cenit Et ‘Act, Dangerous Drugs Act of 1972, RB penal laws. * 3. Hethas not been previously committed 1° Center tothe cre ofa DOH accredited physician A. The Dangerous Orugs Board fi that his/her sentence be suspended "©. + Where the minors under 15 years atthe wim commission, Art. 192 of Child and Youth Welfare ode shall apply {suspension oF sentence and commitment) 8. If the accused Ast time minor offender under suspended sentence complies with all the applicable rules and regulations of the Board, the court upon favorable recommendation of the Board shall discharge the accused and dismiss all proceedings CC. The privilege of suspended sentence may be availed of only once by an accused drug dependent who is a 1st time offender over 15 years old at the time of the commission of the violation of Sec 15 (Use) but not more than 18 years old at the time when judgment should have been promulgated. ~Advisers: Atty, Ronald Chua; Atty. Brady De Castro Heads: Nina Melia; iv Ventura Understudy: And Dimalant; Lala Cama Star ularbal Andrea ‘atipuan Volunteer: Janeca Naboya~ 36CRIMINAL LAW REVI eu e) Oa OPERATIONS 2010 2 | 26hours upon confiscation 4 | 72 hours after filing of criminal case Trial prosecutor to inform the Board of final termination of ease. Request the court for leave to turn over representative samples to POEA, Alleged offender or his representative shall be allowed to personally observe all of the proceedings, and his presence shall not constitute an ‘admission of guit. In case the offender refuses or fails to appoint a representative after due notice in writing within 72 hours before the actual destruction, the Sal shall appoint a member ofthe public atorney‘ offs to represent the former. anna 7 a — Advisers: Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mefla; Viv Ventura Understudy: Andi Dimalantas tala Calm Star Jularbal Andee Katipuan Volunteer: laneca Maboys ~ 87= CRIMINAL LAW REVIEWER ATENEO ules for Lab examination of Apprehended/arrested offenders: 1. reasonable ground to believe that offender Is under the influence of dangerous drugs, conduct examination w/in 24 hours. 2. Positive results shall be challenged w/in 15 days after receipt of the result through a confirmatory test. 3. Confirmed test shall be prima facie evidence that offender hhas used dangerous drugs. 4. Positive test must be confirmed for it to be valid in a court of law. Other Rules: 1. Im buy-bust operations, there is no law or rule requiring policemen to adopt a uniform way of identifying buy money. 2. Absence of ultraviolet powder on the buy money isnot fatal for the prosecution. 3. If offender is an allen, an additional penalty of deportation without further proceedings shall be Imposed immediately after service of sentence. 4. person charged under the Dangerous Drugs Act shall not be allowed to aval of plea-bargaining. 5. posite finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the ‘commission of a crime by the offender. & If public offcial/employee is the offender, the ‘maximum penalty shall be imposed. 7. Any person convicted of drug trafficking or pushing cannot aval of the Probation Law. 8. Immunity from prosecution and punishment shall be granted to an informant, provided the ff. conditions 1) Necessary for conviction 2) Notyet in the possession of the State 3) Can be corroborated on material points 4) Has not been previously convicted of a crime cof moral turpitude, except when there Is no other direct evidence 5) Comply with conditions imposed by the ‘State 8) Dees not appear to be the most gulty 7) Noother direct evidence available ‘9, Mandatory drug testing Indudes: 3) All persons charged with a criminal offense ‘having an imposable penalty of not less than 6 years and 1 day. 2) All candidates for public office, whether appointed —_orelected. 10. Limited applicablty of the RPC -> The RPC shall not ‘apply to this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death shall be reclusion perpetua to death, eT aL OPERATIONS 2010 Hence, since RPC nomendature of penalties is used, the minor is then entitled to mitigating circumstances under the RPC (Martin Simon case). Thus, the minor does not receive the death penalty. (Justice Peralta) Appellant is gulty ofthe crime of attempted sale of shabu. |As gieaned from the testimony of the poseur-buyer, the ‘appellant merely showed the bag containing the shabu and hheld on tot before it was confiscated, There is no evidence that the poseurbuyer talied about and agreed with the appellant on the purchase price of the shabu. There is no ‘evidence that the appellant handed over the shabu to the pposeur buyer. (People v. Adarn(2003}) ‘The absence of actual or completed payment is irrelevant, for the law itself penalizes the very act of delivery of @ dangerous drug, regardless of any consideration. Payment of consideration i likewise immaterial in the distribution of ile drugs. People v.Yana{2008)) |n a prosecution for illegal possession of a dangerous drug, mere possession of a regulated drug without legal authority is punishable under the Dangerous Drugs Act. Lack of criminal Intent or good faith does net exempt appellants from criminal liability. (People v. Chua (2003). A prior surveilance is not a prerequisite for the validity of ‘an entrapment or buy- bust operation, the conduct of Which has no rigid or textbook method. (People v. Cadley (2004)) In a prosecution for ilegal possession of dangerous drugs, the following facts must be proven with moral certainty: (1) that the accused isin possession of the object identified as 4 prohibited or regulated drug; (2) that such possession is not authorized by law and (3) that the accused freely and ‘consciously possessed the said drug. In this case, proof of the accused's ownership ofthe house where the prohibited drugs were discovered is necessary. (People v. Del Norte (2004) + Advisers: Atty. Ronald Chua; Atty. Brady De Castro Hends: Wa Mia; VW Ventura Understudy: Andi imatanta; ale Calma; Star fularba Andrea Katipuan Volunteer: Janecs Naboya — 8ale een Title Six CRIMES AGAINST PUBLIC MORALS P.D. 16 FER PENALTI ILLEGAL GAMBLING (Repealed Art. 195-199 RPC, PD 483 betting law, and PD 449 cockfighting aw) rision correccional, medium oF fine ranging from P1,000 to 5,000 Incase of recidivism: Priston mayor, medium or fine ranging from PS,000 to 10,000 ‘Any parson who shall directly or indirectly take part in any Hlegal or unauthorized activities, (or games of: - Cockfighting,jueteng, ja-alal or horse racing to include bookle operations and game fixing, numbers, bingo and other forms of lotteries, b. Cara y cruz, pompiang and th 7-41 and any game using dice 4. Blackjack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue and other ‘card games e. Pak que, high and low, mahjong, domino and other games using plastic tiles and the ike f. Slot machines, roulette, pinball and other mechanical contraptions and devices «Dog racing, boat racing, car racing and other forms of races h. Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team ‘contests to include game fixing, point shaving and other machinations |. Banking or percentage game, or any other game or scheme, whether upon chance or si wherein wagers consisting of money, articles of value or representative of value are at stake or made 2. Any person who knowingly permits any form of gambling in an inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlted by him Prison mayor, medium, with temporary absolute disqualification or fine of P6,000 maintainer, conductor, banker of gambling schemes; player, promoter, referee, umpire, judge ‘or coach in case of game fing, point shaving and mackination isa government official, oo eee ne Advises: Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mei Viv Vertura Understudy: Andi Dimalanta; Lala Cama; Star Jularbal; Andrea Katipuan Volunteer: Janeca Naboys — =» ATENEO ‘© Gambiing - any game or scheme, whether upon chance or skill wherein wagers consisting of money, articles or value ‘or representative of value are at stake or made. ‘Playing for money is not a necessary element. It seems that when the law names the games, punishing any person who takes part therein, and its purpose is to prohibit absolutely those games. © A mere bystander or spectator is not criminally liable because he does not directly or indirectly take part © A.game or scheme is punishable even if winning depends "upon skill as long as wagers (consisting of money, articles of value or representative of value) are at stake or made. Elements of lottery: Consideration 2. chance 3. Prizefadvantage/inequality in amount or value which isin the nature of prize NOTE: In a criminal case (Olsen), there is no lottery where 2 person gets the full value for his money, and the winning of price is merely incidental. But in 2 civil case (El Debate), if the inducement to win prize is the reason for the purchase then ‘even if full value for money is received, it is still lottery. Elements of “Knowingly permitting gambling to be carried on ina place owmed or controlled by the offender”: 4. That a. gambling game was carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation, 2. That the place, building, vessel or other means of ‘transportation is owned or controlled by the ‘offender. 3. That the offender permitted the carrying on of such game, knowing that iti a gambling game. NOTE: Proof that game took place or is about to take place is not necessary; burden of evidence is shifted to accused to show that his possession is lawful or is not connected with jueteng game; but proof to the contrary by prosecution is necessary when jueteng lists pertain to garnes played on dates other than the date of the raid. ‘Maintainer ~ person who sets up and furnishes means to carry ‘on gambling or scheme ‘Conductor ~ person who manages or carries on gambling game ‘or scheme. NOTE: Republic Act No. $287 expressly amended or modified the pertinent provisions of Presidential Decree No. 1602 only Insofar as they are inconsistent with It. + I aD OPERATIONS 2010 Art. 196: Importation, sale and possession of lottery tickets or advertisements (Aiready repeated) ‘Acts punishable: 1. By importing into the Philippines from any foreign place or port any lottery ticket or advertisernent. 2. By salting or atstributing the same in connivance with the importer. 3. By possessing, knowingly and with intent to use, lottery tickets or advertisements. 4. By selling or distributing the same without ‘connivance with the importer. NOTES: © The possession of any lottery ticket or advertisement is prima facie evidence of intent to sel, distribute or use the The lottery tickets need not be genuine, as long as they have the appearance thereof. P.D. No. 483: BI r HAV ESTS (REPEALED ART. Betting - betting money or any object or article of value or representative of value upon the resutt of any game, races and ‘other sports contests Game-fixing — any arrangement, combination, scheme or agreement by which the result of any game, races oF sports contests shall be predicted and/or knows other than on the basis of the honest playing skill or ability of the players or participants Point-shaving — any such arrangement, combination, scheme or ‘agreement by which the skill of abilty of any player or participant ina game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or the other team, player or participant therein Game machination ~ any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sports contests + Advisers: Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mefia: Vw Ventura Understudy: And Dimalanta; Lala Cala; Star hdarbal: Andrea Katipuan Volunteer: Janeca Naboya — ”AL LAW REVIEWER a epee ART. 198: Illegal Betting on Horse Races ‘Acts punishable: (During Periods NOT ALLOWED by Law) 4. By betting on horse races 2. BY maintaining or employing @ totalizer or other device or scheme for betting on races or realizing profit therefrom. ‘© The penaity is higher for a person who employs a totalzer cor other device. + Totalizer - machine for registering and indicating sthe ‘number and nature of bets made on horse races. '* The race held on the same day and at the same place Is unishable as a separate offense. ‘+ No liability there is no betting or use of totalizer. '* Horse races are not alowed on: (a) June 12th of each year, (b) Dec 30th of each year, (c) Any registration or voting days. ‘and (d) Holy Thursday and Good Friday. Cockfighting Law of 1974 Repealed Art. 199 Hokding of Cockfights ~Cockfighting shall be allowed only in licensed cockpits during: 1. Sundays 2. Legal Holidays, 3. During local flestas for not more than 3 days 4. Provincial, city or municipal agriculture, commercial or industrial felt, camival or exposition for a similar Period of three days upon resolution, subject to approval of Chief of Constabulary or his authorized representative—not allowed within month of local fiesta of for more than two occasions a year in same city or municipality 5S. EXCEPT: December 30, June 12, November 30, Holy ‘Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum NoTE: © Permitting gambling of any kind in cockpit is punished under the same Decree (Owner, manger or lessee of cockpit that permits gambling shall be criminally Hable) © Spectators in cockfight are not liable unless he participates asbettor ‘© Betting in Horse Races is allowed during periods provided bby law but betting in cockfights is prohibited at all times. spter Two: OFFENSES AGAINST DECENCY AND GOOD ‘CUSTOMS ‘Art, 200. Grave scandal Elements: 1. That the offender performs an act or acts; 2. That such act/s be highly scandalous as offending ‘against decancy or good customs; 3. That the highly scandalous conduct does not expressly fall within any other article of the RPG; ane ‘4. That the act/s complained of be committed in a public place or within the public knowledge or view. + Grave scandal consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons whe have ‘accidentally witnessed the acts. ‘¢ The public view is not required. Itis sufficient if committed In public place. ‘© For being committed within the public knowledge, it may ‘occur even in a private place; the number of people who 5265 it is not material, except when seen by only one other person at night, thus negating the degree of publicity required. ‘© The essence of grave scandal Is publicity and that the acts ‘committed are not only contrary to morals and good ‘customs but must likewise be of such character as to cause public scandal to those witnessing i. Cockfighting for Entertainment of Tourists or for Charitable Purposes: Chief of Constabulary or his authorized representative Art. 201, Immoral ‘obscene publica meet ee 1. Entertainment of foreign dignitaries 7 - Harboe Persons liable: 4. For support of national fundraising campatns for becomes ts eanemenel eee charitable purposes as may be authorized by the Office 2. Authors of obscene literature, published with their of the President, upon resolution of a provincial board, knowledge in any form. city or municipal eoune! 3. Editors publishing such obscene iterture. 4. Owmers or operators of establichments selling, ‘obscene Iterature. — * ‘Advisers: Atty. Ronald Chua; Aty. Brady De Castro Heads: Nina Mell Ventura Understudy: And Dimalanta; Lala Cama; Star luarbal; Andrea Katipuan Volunteer: Janeca Naboya ~ 1ee L OPERATIONS 2010 If fenced and with prohibition of entry if fenced and entered to hunt/fich Tfnot fenced and with no prohibition of entry 5. Those who exhibit indecent or immoral plays, scenes, acts or shows in theaters, fats, cinemas or any other place. 6 Those who sell, distribute, or exhibit prints, ‘engraving, sculptures or literature which are offensive to morals. ‘Considered as obscone literature or immoral or indecent plays, ‘scenes or acts: NOTE: 1. Those w/c glorify criminals or condone crimes; 2. Those w/c serve no other purpose but to satisfy the ‘market for violence, lst or pornography; 3. Those w/c offend against any race or religion; 4. Those w/c tend to abet the traffic and the use of Prohibited drugs; and 'S. Those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts. Publicity isan essential element, ‘The test of obscenity is whether the matter has a tendency to deprave or corrupt the minds of those who are open to Immoral influences. A matter can also be considered ‘obscene fit shocks the ordinary and common sense of men ‘at indecency, ‘Mere nudity in paintings and pictures is not obscene. Pictures w/ slight degree of obscenity having no artistic value and being intended for commercial purposes fall within this ati, Art, 202. Vagrants and prostitutes Persons conskiered as VAGRANTS: 1. Any person who has no apparent means of subsistence and who have the physical ability to work ‘yet neglect to apply themselves to some useful calling; 2. Persons found loitering around public and semt-public places or tramping of wandering around the country ‘or the streets without visible means of support; 3. Ile oF dissolute persons lodging in houses of l-fame; Ruffians or pimps and those who habitually associate ‘with prostitutes; and 4, Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or Justifiable reason, provided the act does not fall within ‘any other article ofthe RPC. 5. Prostitutes: NOTE: Prostitutes - Women who habitually indulge in (1) sexual intercourse or 2) lascivious conduct, for money or profit. Trespass To Dwelling ‘Attempted theft Vagrancy ‘Mendicancy LAW OF 1978 P.D. 1563 PERSONS ABLE: 1L. MENDICANT ~ Those with no visible and legal means of support, or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living. (higher penalty if convicted 2 or more times) 2. Any person who abats mendicancy by giving alms on, public roads, sidewalks, parks and bridges except it aiven through organized agencies operating under nd ‘regulations of Ministry of Public information NoTE: Giving alms through organized agencies ‘operating under ‘the rules and regulations of the Ministry of Public Information isnot a violation of the Mendicancy Law. ‘A vagrant without visible means of support may become 2 mendicont fhe uses begging as a means of living. Under R.A. 9344 persons below eighteen (18) years of age shall be exempt from prosecution forthe crime of vagrancy ‘and prostitution under Section 202 of the Revised Penal CCode, of mendicancy under Presidential Decree No, 1563, ‘and sniffing of rugby under Presidential Decree No. 1618, ‘such prosecution being inconsistent with the United Nations Convention on the Rights ofthe Child. Title Seven: BY PUBLIC OFFI ‘Chapter One: PRELIMINARY PROVISIONS ‘Art, 203. Who are public officers Requisites: Tobe apublic officer, one must be~ 1. Taking part in the performance of public functions in the Government, or performing public duties as an ‘employee, agent or subordinate offical, of any rank or dass, in the government or any of its branches; and 2. That his authority to take part in the performance of public functions or to perform public duties must be - '& By direct provision ofthe law, or By popular election, or & By appointment by competent authority. = Advisers: Atty. Ronald Chux; Atty. Brady De Castro Meads: Wina Mafia: Vi Ventura Understudy: An Dimalanta; Lala Colma; Star Juarbal Andrea atipuan Volunteer: Janeca Naboya— 2ye Opener ‘+ Public officers include every public servant from the lowest ‘to the highest rank provided that they exerdise public functions. "A government laborer is not 2 public officer. However, temporary performance by a laborer of public functions ‘makes hima public officer. fer Two: iN OFFICE ‘Malfeasance | Performance of some act which ought not tobe done ‘Misfensance | Improper performance of some act which right lawfully be done ‘Nonfeasance | Omission of an act which ought to be performed ‘Misfeasance: 1. Knowingly rendering unjust judgment 2. Rendering judzment through negligence 3. Rendering unjust interlocutory order 4. Malicious delay in the administration of justice Nonfeasanca: L._Deteliction of duty in prosecution of offenses Maifeasance: 1. Direct bribery 2. Indirect bribery Section 1.—Dereliction of duty Art. 204. Knowingly rendering an unjust judgment ‘That the offender is a judge; ‘That he renders a judgment in the case submitted to him for decision; That the judgment is unjust; and That the judge knows that the decision Is unjust. ve nef Nore: © Aludgment is a final consideration and determination by a court of competent jurisdiction of the issues subrritted to it in an action or proceeding. '* Am unjust judgment is one which is contrary to law, oF not supported by the evidence, or both. ‘no liability if error in good faith ‘An unjust judgment may result from: 4. Error(w/ bad faith) 2 twill orrevenge 3. Bribory '* There must be evidence that the decision rendered is Unjust. tisnot presumed. ‘© Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or an allegation of bad faith. ‘Art, 208, Judgment rendered through negligence ements: That the offender isa judge; That he renders judgment in a case submitted to him for decision; 3. That the judgment is manifestly unjust; and 4, That itis due to inexcusable negligence or ignorance. Manifestly unjust judgment — manifestly contrary to law that ‘even a person having meager knowledge of law cannot doubt the injustice. Art. 206. Unjust interlocutory order Elements: 1. That the offenders a judge; and 2. Thathe performs any ofthe following acts: ‘a. Knowingly renders an unjust interlocutory order or decree, or b. Renders a manifestly unjust interlocutory ‘order or decree through inexcusable negligence or ignorance. Imterlocutory order - one Issued by the court deciding @ collateral or incidental matter; it s not a final determination of ‘the issues ofthe action or proceeding ART. 207. Malicious delay in the administration of justice Elements: ‘That the offender is 2 judge; ‘That there isa proceeding in his court; ‘That he delays the administration of justice; and ‘That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either partyin the case. Pepe NOTE: Meredelay without malice is not punishable. ART. 208. Prosecution of offenses; negligence and tolerance ‘Acts punishable: 4. By maliciously refraining from instituting prosecution against violators of the law 2. _Bymaliiousiy tolerating the commision of offenses a —Aivisers: Atty. Ronald Chas; Atty. Brady De Castro Heads: Nina Me; Viv Ventura Understudy: And Dimalanta Lala Calm Star Jularbal Andrea Katipuan Volunteer: Ianecs Naboy— 93J ES: ATE | Im (0 Fiend r of: 1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses; 2. That there is dereliction ofthe duties of his office, that {knowing the commission of the crime, he does not ‘cause the prosecution of the criminal or knowing that 2 crime is about to be committed he tolerates its commission; 3. That the offender acts with malice and deliberate intent to favor the violator ofthe law. _PREVARICACION, DEFINED Prevaricacion is the negligence and tolerance in the prosecution of an offense. [IT MUST BE THE DUTY OF THE PUBLIC OFFICER TO PROSECUTE There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. However, a fiscal is under no compulsion to file an information ‘based upon.a complaint if he is convinced that the evidence bofore him is insufficient to warrant fling an action in court. (CRIME MUST BE PROVED FIRST The crime must be proved first before an officer can be convicted of dereliction of duty if the guilt ofthe law-violator is rot proved, the person charged with the dereliction of duty is notliable. SIGNIFIES DEUBERATE EVIL INTENT “Maliciously” signifies deliberate evil intent; a dereliction of duty caused by poor judgment or honest mistake is not punishable. ‘A PUBLIC OFFICER WHO CONCEAIS OR HARBORS AN (OFFENDER WHEN IT IS HIS DUTY TO PROSECUTE HIM 5 NOT ABLE AS AN ACCESSORY, BUT RATHER DERELICTION OF DUTY ‘A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him, is lable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory. IFTHERE IS CONSIDERATION FOR NON-PROSECUTION THE ‘CRIME 1S DIRECT BRIBERY If gift/promize Is a consideration for his conduct, crime is direct bribery. Art, 209. Betrayal of trust by an attorney or solicitor — Revelation of secrets ‘Acts punishable: 1. Causing damage to cient either 2 By any malicious breach of professional duty, or b. By inexcusable negligence or ignorance. = Damage is necessary 2. Revealing any of the secrets of his client learned by him in his professional capacity. - Damage is not necessary. 3. Undertaking the defense of the opposing party in the same case, without the consent of his Ast client, after having undertaken the defense of a client or having ‘received confidential information from said client. Section 2.— Bribery ‘Art, 210, Direct bribery ‘Acts punishable: 1 By agreeing to perform, or by performing, In ‘consideration of any offer, promise, gift or present- an act constituting crime, in connection with the performance of his offiat duties 2. By accepting a gift in consideration of the execution of ‘an act which does not constitute a crime ji connection with the performance of his official duty 3. By agreeing to refrain, or by refraining, from doing something which i is his official duty to do, in consideration ofa gift or promise Elements: 1L.That the offender be a public officer; 2. That the offender accepts an offer or promise or receives. a gift or present by himself or through another; 3. That such offer or promise be accepted or gift/present recalved by the public officer- 3. With a view to committing some crime; OR b. In consideration of an execution of an act which does not constitute a crime, but the act must be Unjust 08 & To refrain from doing something which i his official duty to do; ‘4. That the act which the offender agrees to perform of which he executas be connected with the performance of his official duties. ‘TEMPORARY PERFORMANCE OF PUBLIC FUNCTIONS MAKE THE PERSON A PUBLIC OFFICER For purposes of this article, temporary performance of publle functions i sufficient to constitute a person a public officer. private person may commit thi crime only in the case in which ‘custody of prisonersis entrusted to him — ” a ~ Advisers: Atty. Ronald Chu; Atty. Brady De Castro Heads: Mina Mefia; iv Ventura Understudy: Andi Dimalanta: Lata Calma; Star Jlarba; Andres ‘atipuan Volunteer: aneca Naboya~ 4er CRIMINAL LAW REVIEWER. : EO rl TE A a eee ee Bribery exists when the gift is: Nore: 1. Voluntarily offered by a private person ©The atte uses the words “gift” and not “promise,” and 2. Solicited by the public officer and voluntarily delivered “accept”, not just “receive”. by the private person '¢ The gift is given in anticipation of future favor from the 3. Solicited by the public officer but the private person public officer. delivers it out of fear of the consequences should the © There must be clear intention on the part of the public public officer perform his functions. The crime by the officer to take the gift offered and consider the property as ‘sher is not corruption of public officials due to his his own for that moment. Mere physical receipt Tnvoluntariness. ‘unaccompanied by any other sign, circumstance or act to show such acceptance is not stificient to convict the ACTUAL RECEIPT OF GIFT IS NOT NECESSARY officer. ‘Actual receipt of the git is not necessary. An accepted offer or '* There is no attempted or frustrated indirect bribery. Promise ofa gifts sufficient. Mere agreement consummates the crime and delivery of consideration is not necessary. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of a publi officer. ie bgecguacoeaenceatanid GGIFT MUST BE CAPABLE OF PECUNIARY ESTIMATION The gi must have a value or be capable of pecuniary estimation. It could be in the form of money, property or ‘There fs an agreement | Usually no such agreement. ‘between the public officer and the giver. fess tivaeceat tes aes gevtom o[ a mcsaytt ir Te that of Bribcy and prevoecon fart 208) ae sia | Sntomdoinganect, | doan ac along he cepts offenses, both consisting of omissions to do en act required to. Bifts by reason be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This element is not Art. 211-A. Qualified bribery foun oem, Elements: ‘ADDIMONAL ELEMENT 1. That the offender is a public officer entrusted with law FOURTH ELEMENT: The act which the public officer agrees to enforcement; perform must be connected with the performance of official 2. That he refrains from arresting/ proseciting an duties. itis enough that the act is part of the established ‘offender for crime punishable by reclusion perpetua procedure of a governmental agency. ‘ond/or death and 3. Inconsideration of any offer, promise or git. on Se ta ‘When the victim did not Art. 212. Comuption of public officials a crime and gives money/gift to | commit. crime and he is avoid arrest or prosecution. intimidated with arrest Blomonts: and/or prosecution to 4. That the offender makes offers or promises or gives deprive him of his personal Bifts or presents to a public officer; anc propery. 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery. Art, 214. indirect bribery NOTE: ‘¢ The offender is the giver of the gift or the offeror of the Elements: ‘promise. The act may or may not be accomplished. ‘L. That the offender ica public officer; ‘© Under PD 749, givers of bribes and other gifts as well a5, 2. That he accepts gifts; and accomplices in bribery and other graft cases are immune 3. That the sald gifts are offered to him by reason of his {rom prosecution if they voluntarily give any information office. about any commission of direct, indirect, and qualified Advisers: Atty. Ronald Chun; Atty. Brady De Castro Head: Nina Mejia; Viv Ventura Understudy: Andi Dimalanta; Lal Cla; Sta Julacal; Andrea Katipuan Volunteer: Janeca Nabeya— 95NAL LAW REVIEWER all Open bribery, and any corruption of public officials, provided that: 11. The information must refer to consummated violations, of any of the above-mentioned provisions of law, rules and regulations 2. Information and testimony are necessary for the conviction ofthe accused public officer, ‘3. Such information and testimony are not in possession of the State, 4. Such information and testimany can be corroborated 6 its material points 5. Informant or witness has not been previously convicted of a crime Invotving moral turpitude ANTI-GRAFT PRACTICES. -A. NO. Persons lable: 1, Any public officer who shall perform any of the following acts: 8. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent. ‘authority or an offense in connection with the offical duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such Violation or offense. NOTE: Persuasion need not be successful. The gravamen of the ‘offense isthe persuasion, b. Directly or indirectly requesting or receiving any sift, present, share, percentage, or benefit for himself or for any other person in connection with any contract ‘or transaction between the government and any other party wherein the public officer in his offical capacity ‘has to intervene under the law. & Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured ‘or obtained, oF will secure of obtain, any Government NOTE: The act is mala prohibita. Hence, the public offical need not have even recommended the employment. (Justice Peralta} . Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest partiality, evident bad faith ‘or gross inexcusable negligence. This provision shall apply to officers and employees of offices or ‘government corporations charged with the grant of licenses or permits or other concessions. ‘The best defense is that the partiality was not manifest That the partiality is manifest is 2 heavy burden on the prosecution. (Justice Peralta). Another defense Is the Arias doctrine, The defense applies In a case where the accused fs an approving officer and is (on trial fr signing an unjust contract. ‘The defense is that the approving officer relied on the prior signatures of his subordinates and had no reason to suspect wrong-doing and was swamped with a lt of documents on ‘that day that he signed, ‘There Is no attempted or frustrated stage of the crime defined in Sec. 3(e) of RA. No. 3019. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirecty, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of {favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. &. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the ‘public officer profited or willprofit thereby. NOTE: in determining whether the contract was manifestly and ssrossly disadvantageous, itis not merely consideration of the pecuniary amount involved, (Justice Peratta) permit or license, in consideration for the help given or tobe given. NOTE: ifthe act does not fall under b and ¢, then Art. 210, direct bribery, may apply. Vustice Peralta) 7 irectly or indirectly having financial or pecuniary interest in any business, contract or transaction in ‘connection with which he intervenes or take part in his offical capacity, or in which he is prohibited by the ‘constitution or by any aw from having any interest, 4. Accepting or having any member of his family accept ‘employment in a private enterprise which has pending. tt - che — Advisers: Atty. Ronald Chua; Atty, Brady De Castro Heads: Wna Meffa; Vi Ventura Understudy: And Dimalanta; Lata alma; Star Jularbal; Andrea Katipuan Volunteer: Janeca Naboye— 96RIMINAL LAW REVIEWER ‘© Actual intervention is required. ‘© Under the Code of Professional Conduct, the public officer MUST divest his interest. J. Directly or indirectly becoming interested, for personal ‘in, or having a material interest in any transaction or ‘act requiring the approval of a board, panel, or group fof which he is a member, and which exercises discretion in such approval, even if he votes against the same or does nat participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against ‘those public officers responsible for the approval of ‘manifestly unlawful, inequitable or —lrregular transactions or acts by the board, panel, or group to Which they belong. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not Qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so ‘qualified orentited. k.Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of ts authorized. release date. Any person having fam or close personal relation with any public ofidel who shall cepitaze or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, sift, or material, or pecuniary advantage from any person having some business, transaction, aplication, request, oF contract with the government in which such public offal ‘has to intervene (Sec. 4) ‘Any person who shail knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4) ‘Spouse or any relative, by consanguinity or affinity, within ‘the nf dil degree, of the President of the Philippines, the ‘Vice-President, the President of the Senate, or Speaker of the House of Representatives, who shall intervene, directly cor indirectly, in any business transaction, contract or application with the government. ‘This prohibition shall not apply to: + 1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has. : Vis N la lane been already dealing with the government along the same line of business or any transaction, contract or application already existing or pending at the time of such assumption of pubic office; 2. Any application fled by him, the approval of which is not discretionary on the part of the officia(s) concemed but depends upon compliance with requisites provided by law, or rules or regulations Issued pursuant to law; ‘3. Any act lawfully performed in an official capacity or in the exercise of a profession. (See. 5) 5. Any member of Congress, during the term for which he has been elected, who shall acquire or receive any personal Pecuniary interest in any specific business enterprise which shall be directly ond particularly favored or benefited by any law or resolution authored by him previously approved ‘or adopted by Congress during his term. 6. Any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution and acquires or receives such interest during his Incumbency. ‘+ Unlawful for such member of Congress or other public officer, who, having such Interest prior to the approval of such law or resolution authored or recommended by him, continues for 30 days after such approval to retain such interest. 7. Any public officer who shall fail to file @ true, detaled and ‘sworn statement of assets and liabilities within 30 days after ‘assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as ‘upon the expiration of his term of office, oF upon his resignation or separation from office (Sec. 7). Prima facie evidence of and dismissal due to unexplained ‘wealth (Sec. 8) 1. If-a public official has been found to have acquired ‘during his incumbency, whether in his name or in the ‘name of ather persons, an amount of property and/or money manifestly out of proportion to his salary and tohis other lawful income. 2. Properties in the name of the spouse and dependents of such public officiel may be taken into consideration, ‘when their acquisition through legitimate means cannot be satisfactorily shown. 3. Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse ‘or any oftheir dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of Advisers ty. Ronald Chua; Atty. Bray De Castro Heads: Nina Mel: Vv Ventura Understudy: Andi Dimalnta; Lala Calms; Star Jutarbal; Andrea atipuan Volunteer: Janeca Naboya ~ 7‘non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. NOTE: Competent courts the Sandiganbayan (Sec. 10). GENERAL RULE: Prescriptive period is 15 years (Sec. 1). EXCEPTIONS: Unsolicited gifts or presents of small or Insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec. 14). NOTE: = No public officer shail be allowed to resign or retire pending an investigation. = Suspension while pending in court after valid information (cannot be automatic), and foss of benefits if convicted by final Judgment; madmum duration of preventive suspension is $0 days; acquittal > reinstatement and salaries and benefits which he failed to receive ‘The courts are not bound by the statement of assets and abies filed. = Penalty of forfeiture cannot be applied retroactively. ‘Chapter Three: FRAUDS AND ILLEGAL EXACTIONS AND ‘TRANSACTIONS Art. 213. Frauds against the public treasury and similar offenses ‘Ac Frauds against public treasury Elements: 1. That the offender be a public officer; 2. That he should have taken advantage of his office, that is, he intervened in the transaction in his offical capacity; 3. That he entered into an agreement with any interested party or speculator or made use of any ‘other scheme with regard to {a) furnishing supplies (b) ‘the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds; and 4. That the accused had intent to defraud the ‘government. ‘NOTE: ‘¢ The public officer must actin his official capacity. ‘The felony is consummated by merely entering into an ‘agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government. ee) er ee B.logal exactions Elements: A. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts; and 2. That he is guilty of any of the following acts or ‘omissions; @ Demanding, directly or indirectly the payment of sums different from or larger ‘than these authorized by law, or b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or © Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law. NoTE: ‘¢ Mere demand of alarger or different amount issuffcient to consummate the crime. The essence is the improper collection and damage to the goverment is not required. ‘+ If sums are received without demanding the same, a felony under this article is not committed. However, ifthe sum is aiven as a sort of gift or gratification, the crime is indirect bribery, ‘© When there Is deceit in demanding larger fees, the crime ‘committed Is estafa ‘+ This felony may be complexed with malversation, Ex. A tax collector who collected a sum larger than that authorized ‘bylaw and spent all of them is gutty of two crimes, namely: {2} illegal exaction, for demanding a greater amount; and (2) matversation for misappropriating the amount collected. + Officers and employees of the BIR or Customs are not ‘covered by this article, since they are covered by the NIRC or the Administrative Code. Ast. 214. Other frauds Elements: 1. That the offenderism public officer; 2. Thathe takes advantage of his official position; and 3, That he commits any of the frauds or ‘deceits ‘enumerated in art. 315 and 316. (estafa, swindling) NOTE: The RTC has jurisdiction over the offense, regardless of ‘the amount or penalty involved, because the principal penalty is disqualification. . "Advisers: Aty. Ronald Chua; Atty Brady De Castro Heads: Wa Mejia: Vi Ventura Understudy: Anal Dimalant; Lala Calm Star Suarbab Andrea atlpuan Volunteer: Janeca Naboya 98‘That the offendaris an appointive public officer; 2. That he becomes interested, directly or indirectly, in ‘any transaction of exchange or speculation; 3. That the transaction takes place within the territory subject to his urisdletion; and AL That he becomes interested in the transaction during his ncumbeney. NOTE: ‘The transaction must be of exchange or speculation. Examples of transactions of exchange of speculation are buying and selling stocks, commodities, land, etc. wherein ‘one hopes to take advantage of an expected rise or fall in price > for gain or profit and not merely as investment Purchasing of stocks or shares in a company is simple investment and net a violation of the article. However, regularly buying securities for resale is speculation. Art, 216. Possession of prohibited interests by a public officer Persone linble: NOTE: . 1, Public officer who became interested in any contract Cr business in which itis his official duty to intervene. 2. Experts, arbitrators and pri part in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. 3. Guardians and executors with respect to property belonging to their wards or the estate. ‘Actual fraud ienot necessary. Intervention must be by virtue of public office held. Actis punished because of the possibilty that fraud may be ‘committed or that the officer may place his own interest ‘above that of the Government or of the party which he represents. Constitutional prohibitions exist = Congress: cannot personally appear as counsel, cannot be interested financially in any franchise or special privilege granted by government; cannot intervene in any matter before office of Government = Executive ~cannot hold any other office = Constizutional Commissions — cannot hold any other office, or engage in practice of profession or management of business, or be financially interested jin a contract with or franchise/privilege by the government + eT OPERATIONS 2010 PLUNDER (RA 7080) Wegorten wealth: Any asset, property, business enterprise or ‘material possession of any person acquired by him directly or Indirectly through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the following means or similar schemes: ‘A. Through misappropriation, conversion, misuse or ‘malversation of public funds or raids on the public treasury. B. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of Pecuniary benefit from any person and/or entity in ‘connection with any government contract or project ‘oF by reason of the office or position of the public officer concerned; C. By the iegal or fraudulent conveyance or disposition ‘of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations. and thelr subsidiaries; D. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other {form of interest or participation, including the promise of future employment In any business enterprise or undertaking. €. By establishing agricultural, industrial or commercial ‘monopolies or other combinations, and/or Implementation of decrees and orders intended to benefit particular persons or special interests; F. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or thernselves at the expense and to the damage or prejudice ofthe Filipino people ‘and the Republic ofthe Philippines. Persons ilable: ‘A. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates and subordinates of other persons, amasses, accumulates, or acquires ilk ‘gotten wealth through 2 combination or series of overt ‘or criminal acts a5 described under above in the ‘aggregate amount of total value of atleast 5O MILLION PESOS, shall be guity of the crime of plunder (as, ‘amended by RA 7659). B. Any person who participated with the said public officer in the commission of plunder. Jurisdiction: Sandiganbayan ~ Advisers: Atty. Ronald Chua; Ay. Brady De Castro Heads: Nina Mela; Viv Venture Understudy: And Dimalanta Lala Cala Star hularbat Andrea ‘atipuan Volunteer: aneca Neboys~ 99Rule of Evidence: For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to armas, accumulate or acquire ilhgotten wealth, it being sufficient to establish beyond reasonable doubt 2 pattem of overt or criminal acts Indicative of the overall ‘unlawful scheme or conspiracy. Prescription: 20 years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches or estoppel “Combination”, refers to at feast two (2) acts falling under different categories of enumeration provided In sec. 3, par. (a). ‘Example: raids on the public treasury in sec. 2, par. (d), subpar. (), and fraudulent conveyance of assets belonging to the national government under see. 4 par.(d), subpar. (3. “Series” refer to. two (2) or more overt or criminal acts falling under the same category of enumeration found in sec. 4, par. (d), say, misappropriation, malversation and raids on the public treasury, all of which falls under sec. 4, par. (d), subpar. (1) ‘Verily, had the legislature intended 2 technical or distinctive meaning for “combination” and “series”, it would have taken «eater pains in specially providing foritin the law.” (Estrada vs. Sandiganbayan{2002)) PLUNDERIS A CRIME OF MALUM INSE Plunder is @ crime of molum in se because the constitutive crimes are mala in se. The elements of mens rea must be proven in a prosecution for plunder. The legislative declaration in R.A. ‘7659 that plunder isa heinous offense implies that itis malum in se. For when the acts punished are inherently immoral or Inherently wrong, they are mala in se and it does not matter that such acts are punished in a special law, especially since in the ‘ase of plunder the predicate crimes are mainly mala in se. Uoseph Ejercito Estrada vs. Sandiganbayan,( November 21, 2002) Chapter Four: MALVERSATION OF PUBLIC FUNDS OR PROPERTY Art. 217. Mahversation of public funds or property Elements: That the offender be a public officer (or private person If entrusted with public funds or fin connivance with public officers); 2. That he had the custody or control of funds or property (if not accountable for the funds, crime ‘committed is theft or qualified theft); Ta) OPERATIONS 2010 3. That those funds or property were public funds or property (even if private funds, they become public if attached, seized, deposited or commingled with public funds); and 4. Thathe: a. Appropriated the funds or property b. Took or misappropriated them ©. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property. NOT NECESSARY FOR OFFENDERTO PROFIT Its not necessary thatthe offender profited by his malversation, Mis being remiss in the duty of safekeeping public funds violates the trust reposed. ‘To BE HELD ABLE FOR MALVERSATION FUNMDS NEED NOT BE MISAPPROPRIATED Public funds taken need not he misappropriated. MAY BE COMMITTED THROUGH NEGLIGENCE It can be committed either with malice or through negligence or Imprudence although the penalty is the same. Negligence of the accountable public officer must be positively and clearly shown to beinexcusable, [NATURE OF OFFICE !S-THE DETERMINING FACTOR OF WHETHER 'AERSON IS A PUBLIC OFFICER, NOT THE DESIGNATION In determining whether the offender is a public officer, what is controling Is the nature of his office and not the designation - contemplates public officer who receives money or property from government for which he is bound to account, must have authority to collector receive PROPERTY RECEIVED IN OFFICIALCAPACTTY ‘The funds or property must be received in an official capacity. ‘Otherwise, the crime committed is estafa. ‘CIRCUMSTANCES MAKING A PRIVATE INDIVIDUAL ABLE Private individuals can also he held lable for malversation under 2 circumstances: ‘L_ when they are in conspiracy with public officers; and 2 when they have charge of national, provincial or ‘municipal funds, revenues or property in any capacity. GOOD FAITH 1S A DEFENSE WHEN COMMITTED WITH [NEGLIGENCE ‘When malversation is not committed through negligence, lack of criminal intent or good faith isa defense. PRIMA FACIE EVIDENCE OF PROPERTY PUT TO PERSONAL USE ‘The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized ipa + Advisers Atty Ronald Chua; Atty. Brady De Castro Heads: Nina Media; Viv Ventura Understudy: Andl Dimalanta; Lala Colma; Star Jularbl: Andrea Natipuan Volunteer: Janeca Naboya— 100officer, shall be prima facie evidence that he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer Is notified, and he immediately pays the amount from his Pocket, the presumption does not arse. RETURN OF EMBEZZLED FUNDS DOES NOT EXEMPT FROM uaBLTy Returning the embezzled funds circumstance but only mitigating. Is not an exempting NEGUGENCE BY ANOTHER WHICH GAVE WAY TO THE COMMISSION OF MALVERSATION MAY BE LIABLE AS AN ACCOMPUCE ‘A person whose negligence made possible the commission of ‘malversation by another can be held liable 23 a principal by indispensable cooperation, ‘Funds or property usually public "Ciesla is accountable for the ds/property Funds/property are always private negligence, permitting any other person to take the public funds/propeny ‘+ The fact that the obligation to deposit the collections of the City Treasurer's Office is not covered by appellant's official job description is of no legal consequence in a prosecution for Mahersation. What is essential is that appellant had ‘custody or control of public funds by reason of the duties of his office. (People v. Hipol (2003) Art. 218. Failure of accountable officer to render account {failure of accountable officer to render account Elements: That the offender is a public officer, whether in the service or separated therefrom; 2. That he must be an accountable officer for public funds or property; 3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor; and a aL OPERATIONS 2010 4, That he falls to do so for a period of two months after such accounts should be rendered. NOTE: Demand and misappropriation are not necessary. Art, 219, Failure of a responsible public officer to render accounts before leaving the country Elements: 1. Thatthe offender isa public officer, 2. That he must be an accountable officer for public funds or property, and 3. That he must have unlawfully left (or be on the point ‘of leaving) the Philippines without securing from the Commission on Audit 2 certificate showing that his ‘accounts have been finaly settled. NOTE: The act of leaving the Philippines must be unauthorized ‘or not permitted by aw. Art. 220. Hegal use of public funds or property Elements of technical malversation: 1. That the offender isa public officer, 2. That there is public fund or property under his administration; 3, That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation); and 4. That he applies the same to a public use other than for ‘which such fund or property has been appropriated by law or ordinance. ‘© To distinguish this artice with Art 217 {malversation), in illegal use of public funds or property, the offender does ot derive any personal gain, the funds are merely devoted tosome other public use. © Absence of damage is only a mitigating circumstance. ‘Offender s an accountable public officers. a eae pec the ce: |The pub fund or property ‘The public fund or applied to another public use. Property applied to Personal use. Art. 221. Failure to make delivery of public funds or be - - Advisers: Aly. Ronald Cua; Atty. Brady De Castro Heads: Nina Mella; VW Ventura Understudy: Arf Dimalanta; Lats Calm Star llarbal Andrea Katipuan Volunteer: Janeca Naboya ~ 101TEWER, to make payment by a public officer who is 1 By lunder obligation to make such payment from Government funds in his possession 2, By refusing to make delivery by a public officer who hhas been ordered by competent authority to deliver any property in his custody or under his administration (must be malicious) Elements of felure to make payment: 4. That the public officer has government funds or property in his possession, 2. That heis under obligation to either: make payment from such funds, or b. to deliver property in his custody or ‘administration when ordered by competent authority; and 3. That he maliciously fails or refuses to do so. NOTE: Penalty is based on value of funds/property to be delivered, ‘Art. 222. Officers included in the preceding provisions Persons liable under Art. 21770 221: 1. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property. Example: a withholding tax agent 2. Administrator oF depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual ‘© Sheriffs and receivers fall under the term “adernistrator” ‘¢ Judicial administrator not covered by this artide (Appointed to administer estate of deceased and not in charge of property attached, impounded or placed in deposit by public authority) ‘+ Private property is Included if it is attached, seized or ‘deposited by public authority, ‘Chapter Five: INFIDELITY OF PUBLIC OFFICERS. Section 1. — Infidelity in the custody of prisoners ‘Art. 223. Conniving with or consenting to evasion Blements: 1. That the offender's a public officer (an duty; Ae penen 2. Thathels charged withthe conveyance or custody of 2 prisoner, either detention prisoner or prisoner by final Judgment; 3. That such prisoner escaped from his custody; and 4. That he was in connivance with the prisoner in the latter's escape. ‘+ DETENTION PRISONER - A person becomes a detention prisoner from the moment he is booked. This refers to the ‘accomplishment of the booking sheet and filing out of @ ‘orm where he is finger printed. From that time on, he Is already a detention prisoner even if he Is not yet incarcerated, '¢ The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law Is not infidelity in the custody of a prisoner. Neither is mere {eniency or laxity n the performance of duty constitutes of infidelity. There is reat and actua evasion of service of sentence when the custodian permits the prisoner to obtain @ ‘relaxation of his imprisonment. Art. 224. Evasion through negligence Elements: 1. That the offender s a public officer; 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment; and 3. That such prisoner escapes through his negligence. NOTE: ©The article punishes a definite laxity which amounts to deliberate non-performance of aduty. ‘© The fact that the public officer recaptured the prisoner whe had escaped from his custody does not afford him ‘complete exculpation, © The abitty ofan escaping prisoner: a. I he is a prisoner by final judgment, he lable for evasion of service (art 157) b. it heis a detention prisoner, he does net incur criminal liability (unless he cooperated with the offender). ‘¢ The negligent public officer suffers the same penalty regardless of whether the prisoner is a conviet or merely a detention prisoner. ‘Art. 225. Escape of prisoner under the custody of a ‘person not a public officer $e et Adksers: Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mejia; Vi Ventura Undertudy: Andi Dimalanta ala Calms Star ularbal; Andree atipuan Volunte r Taneca Naboya— 102Elements: 1. That the offender is petvate person; 2. That the conveyance or custody of a prisoner or person under arrest is confided to him; (He has custody) 3. That the prisoner or person under arrest aseapes; and 4, That the offender consents to the escape of the prisoner or person under arrest, or that the escape ‘takes place through his negligence. NOTE: This article is not applicable if a private person mode the ‘arrest and he consented to the escape of the person he arrested. Section 2. — Infidelity of the custody of documents. Art. 226. Removal, concealment, or destruction of documents Berets of tay mest of decane ‘That the offender be a public officr; 2. Thathe absence, estoy or cone a document or papers; 3. That the said document or paper should have been ‘entrusted to such public officer by reason of his office; and 4. That damage, whether serious or not, to a third party ‘or tothe public interest should have been caused, Note: © The document must be complete and one by which a right ‘could be established or an obligation could be extinguished. “Papers” would include checks, promissory notes and paper money. © A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers. '* Removal of a document or paper must be for an ict ‘Purpose. There is ilictt purpose when the intention of the offender isto: @tamperwith it, b._ to profit by it, or 6 to commit any act constituting a breach of trust in the official care thereof. ‘* Removal is consummated upon removal or secreting away of the document from its usual place. It is immaterial whether or not the ilcit purpose of the offender has been ‘accomplished. * Infidelity in the custody of documents through destruction ‘or concealment does not require proof af an iliclt purpose. ‘* Delivering the document to the wrong party is infidelity in the custody thereof. CENTRAL BAR OPERATIONS 2010 Art. 227. Officer breaking seat Elements: 1. That the offenders a publle officer; 2. That he is charged with the custody of papers or Property; 3. That these papers or property are sealed by proper authority; and 4. That he breaks the seals or permits them to be broken, It is the breaking of the seals and not the opening of a closed envelope which is punished. Damage or intent to cause damage is not necessary; damage is presumed. Art. 228. Opening of closed documents Elements: 1. That the offender isa public officer; 2. That any closed papers, documents, or objects are entrusted to his custody; 3, That he opens or permits to be opened sald closed papers, documents or objects; and 4. That he does not have proper authority. NOTE: Damage is not necessary. Section 3.— Revelation of secrets Art. 229. Revelation of secrets by an officer Hlements of par. 1 (secrets known by reason of his official sapacitvl: 1. That the offenderis @ public officer; 2. That he knows of a secret by reason of his official capacity; 3. That he reveals such secret without authority or Justfiable reasons; and 4. That damage, great or small, be caused to the public interest. Secret must affect public interest not secrets of a private Individual Esplonage for the benefit of another State is not ‘contemplated by the article. If regarding miltary secrets oF secrets affecting state security, the crime may be ‘espionage, mt + ~Adhiser: Atty. lomalé Chua; Aty. Brady De Casto Heads: Nina Melia; Vw Ventura Understdy: Andi Dimalanta; Lala Cala; Star Sulatbal; Andres atipuan Volunteer: laneca Naboya- 103Male) 1. That the offender isa public officer, 2. That he has charge of papers; 3. That those papers should not be published; 4. That he delivers those papers or copies thereof to a third person; 'S. That the delivery is wrongful; and 6. That damage be caused to public interest. NoTE: © Charge means custody or control. he is merely entrusted with the papers and not with the custody thereof, he is not liable under this atide. +f the papers contain secrets which should not be published, and the public officer having charge thereof romoves and delivors them wrongfully to 2 third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an ilicit Purpose i infidelity in the custody of documents, ‘© Damage is essential to the act committed, Art. 230. Public officer revealing secrets of private individual Elements: L_Thatthe offender isa public officer; 2. That he knows of the secret of a private individual by reason of his office; and 3. That he reveals such secrets without authority or justifiable reason, NOTE: + Revelation toone person is sufficient. * If the offender is an attomey, he Is properly Hable under ‘Art 209 (betrayal of trust by an attorney). + Damage to private individual is not necessary. OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS Section 1. ~ Disobedience, refusal of assistance, and maltreatment of prisoners Art. 231. Open Disobedience Elements: 1. That the offender isa judicial or executive officer; 2. That there isa judgment, decision or order of superior authority; ere) OPERATIONS 2010 3. That such judgment, decision or order was made ‘within the scope of the jurisdiction of the superior ‘authority and issued with all the legal formalities; and 4. That the offender without any legal justification ‘openly refuses to execute the sald judgment, decision ‘or under which he is duty bound to obey. ‘Att, 232. Disobedience to order of superior officer; when Said order was suspended by inferior officer Elements: ‘L._That the offenderis a publicofficer, 2. That an order is issued by his superior for execution; 2. That he has for any reason suspended the execution of such order; 4. That his superior disapproves the suspension of the ‘execution ofthe order; and 5. That the offender disobeys his superior despite the disapproval of the suspension. pubic officer isnot abe ifthe order of the superior is legal. ‘Ast. 233. Refusal of assistance Elements; 1. That the offender isa public officer, 2. That a competent authority demands from the offender that he lend his cooperation towards the ‘administration of justice or other public service; and 3. That the offender falls to do so matciously. + This felony involves a request from one public officer to another. ‘+ Damage to the public interest or third partys essential, ‘* Demand is necessary. '* Demand must be from competent authority Art. 234. Refusal to discharge elective office Elements: 1. That the offender is elected by popular election to a public office; 2 That he refuses to be sworn in or discharge the duties of said office; 3. That there is no legal motive for such refusal to be sworn in orto discharge the duties of said office. ‘¢ Ifthe elected person is disqualified, his refusal to be sworn mor to discharge the duties of the otice is justified. ‘© Refusal to discharge the duties of an appointive office Is not covered by thisartice. 9 — ~ Advisers: Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mejia: Vi Ventura Understudy: Andi Dmalanta; Lala Calma; Star iularbal; Andrea ‘Katipuan Volunteer: Janeca Naboya — 104NAL LAW REVIEWER. Art. 235, Maltreatment of prisoners Elements: 1. That the offender isa public officer or employee; 2. That he has charge of a prisoner or detention prisoner (otherwise the crime is physical injuries}; and 3. That he maltrests such prisoner in either of the following manners: a. by overdoing himself in the correction or Randiing of @ prisoner or detention prisoner under his charge either— by the Imposition of punishments not ‘authorized by the regulations, or by inflicting such punichments (those authorized) in a cruel and humiliating b. by meltreating such prisoner to extort a ‘confession or to obtain some information from the prisoner. NOTE: ‘The public officer must have actual charge of the prisoner In order:to be held lable (not merely by legal fiction). ‘© Offended party must be a: a) convict by final judgment, or +) detention prisoner. ‘© Maltreatment should not be due to personal grudge, ‘otherwise, lable for physical injuries only. * Offender may also be held liable for physical injuries or ‘damage caused. (Penalty provided in Article 235 is imposed {in addition to penalty for injury or damage caused) Section 2. ~ Anticipation, prolongation and abandonment of the duties and powers of public office Art, 236. Anticipation of duties of a public office Elements: 1. That the offender is entitled to hold » public office or employment, either by election or appointment; 2. That the faw requires that he should first be sworn in and/or should first give a bond; 3. That he assumes the performance of the duties and powers of such office; and 4 That he has not taken his oath of office and/or given the bond required by law. Art, 237. Profonging performance of duties and powers Elements: 1 Thatthe offender is holding a public office; 2. That the period provided by law, regulations or special provisions for holding such office has alrendy expired; and 3. That he continues to exercise the duties and powers of such office. a ped OPERATIONS 2010 NOTE: Officers contemplated: those who have been suspended, separated, declared over-aged or dismissed, Art. 238. Abandonment of office or position Elements: ‘That the offender isa public officer; ‘That he formally resigns from his position; ‘That his resignation has not yet been accepted; and ‘That he abandons his office to the detriment of the public sorvce. eee ‘© There must be formal or written resignation. = The offense Is qualified if the purpose behind the ebandonment isto evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security (e.g. treason, explonage], in which ‘ase, the penalty is higher. ‘Committed by any public ‘Committed only by public officer officers who have the duty to institute prosecution ‘There Wachial abandonment | Public officer does not ‘through resignation to evade. | abandon his office but merely the discharge of duties. {ails to prosecute a violation cof the law ‘Section 3.— Usurpation of powers and unlawful appointments Art. 239. Usurpation of legislative powers Eloments: 1. That the offender is an executive or Judicial officer; and 2, That he (a) makes general rules or regulations beyond the scope of his authority or {b) atternpts to repeal a aw or (c)susponds the execution thereof. Art. 240. Usurpation of executive functions Elements: 1. That the offender isa judge; and 2 That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs executive ‘authorities in the lawful exercice oftheir powers. — ‘~Adksors: Atty: Ronald Chua; Atty Brady De Castro Heads: Nina Mejia; VW Ventura Understudy: Andi Dimalanta; Lala Cala; Star Ylarba; Andrea atipuan Volunteer: Janeca Naboys — 105Note: Legislative officers are not liable for usurpation of ‘executive functions Art. 241. Usurpation of judicial functions Bements: 1 2 ‘That the offender is an officer of the executive branch of the government; and ‘That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge within his jriséiction. Art, 282. Disobeying request for disqualification Floments: 1 2 a 4 5, That the offender is 2 public officer; ‘That 2 proceeding is pending before such public officer; ‘That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided; ‘That he has been lawfully required to refrain from continuing the proceeding: and ‘That he continues the proceeding. Art. 243, Addressing orders or requests by executive officer to any judicial authority Elements: L 2 a NOTE: Legislative oF ju article. ‘That the offender is an executive officer; ‘That he addresses any order or suggestion to any Judicial authority, and That the order or suggestion relates to any case or ‘business coming within the exclusive jurisdiction of the ‘courts of justice. officers are not lable under this Art. 244, Unlawful appointments Elements: 1 2 3. a That the offender is @ public officer; That he nominates oF appoints a person to a public office; ‘That such person lacks the legal qualification therefor; and Thet the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment, LN re penen NOTE: ‘Mere recommending, even if with the knowledge that the person recommended is not qualified, is not a crime, He ‘must nominate. ‘There must be a law providing for the qualifications of a person to be nominated or appointed to a public office. Section 4. Abuses against chastity Art. 245, Abuses against chastity Ways of committing abuses against chastity: 1. By soliciting or making immoral or indecent advances to a woman interested in matters pending before the offending officer for decision, or with respect to which he ts required to submit a report to or consult with 2 superior officer 2. By soliciting or making immoral or indecent advances to.awoman under the offender's custody; 3. By soliclting oF making immoral or indecent advances to the wife, deughter, sister, or relative within the same degree by affinity of any person in custody of the offending warden or officer Elements: ‘That the offender isa public officer; That he solicits or makes immoral or indecent advances toawoman; and 3, That such wornan must be— interested in matters pending before the ‘offender for decision, or with respect to which he fs required to submit a report to or consult ‘with a superior officer, or . under the custody of the offender who is a warden of other public officer directly charged with care and custody of prisoners or person under arrest, or the wife, daughter, sister or relative within the same degree by affinity ofthe person in the ‘custody of the offender. ve Nore: The mother of the person in the custody of the public officer isnot included, To solicit means to propose eamestiy and persistently something unchaste and immoral to @ woman. ‘The crimes consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse. ~ —+ ~Adsers: Atty. Ronakl Chu; Atty, Brady De Castro Heads: Nina Mei; Vy Ventura Understudy: And Dimalants ala Cala tor hlarbaly Andrea Katipuan Volunteer: Janeca Naboya ~ 106Title Eight: (CRIMES AGAINST PERSONS rer One: DESTRUCTION OF UFI Section 1.—Parricide, murder, homicide 1. That a person skilled; 2. That the deceased is killed by the accused; 3. That the deceased isthe a. father, mother, or 1b. child, whether legitimate or legitimate, or legitimate other ascendant or other descendant, 4. _Iegitimate spouse of the accused. ‘The relationship of the offender with the victim is the essential element of parricide. © Parents and children are not included in the term “ascendants” or “descendants”. © The other ascendant or descendant must be legitimate. On the other hand, the father, mother or chil may be legitimate or legitimate. + The child should not be less than 3 days old. Otherwise, the offense is infanticide. '¢ Relationship must be alleged and proved. '* A:stranger who cooperates in committing parricide is fable for murder or homicide. ‘+ Even if the offender did not know that the person he had kiled is his son, he is still fable for parricde becouse the law does not require knowledge of the relationship. ‘Art. 247. Death or physical Inuries under exceptional lecurstances Elements: 4. Allegally 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. He/she kills any or both of them or inflicts upon any or ‘both of them any serious physical injury in the act or ‘irmmediately thereafter; and 3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse, oo’ eT aT OPERATIONS 2010 ‘THE PARENT NEED NOT BE LEGITIMATE FOR THE APPLICATION (OF THE ARTICLE Tt is mot necessary that the parent be legitimate for the application ofthis article, APPLIES ONLY WHEN THE DAUGHTER IS SINGLE ‘This articte applies only when the daughters single. ‘SURPRISE, DEFINED ‘Surprise means to come upon suddenly or unexpectedly, IT Is SUFFICIENT THAT CIRCUMSTANCES SHOW THAT CARNAL ‘ACT'S BEING COMMITTED OR HAS BEEN COMMITTED. ‘Art. 247 is applicable even when the accused did not see his spouse n the act of sexual intercourse with another person. Its ‘enough that circumstances reasonably show that the carnal act {is being committed or has been committed. DOES NOT INCLUDE PREPARATORY ACTS ‘Sexual intercourse does not include preparatory acts. “IMMEDIATELY THEREAFTER”, DEFINED “Immediately thereafter” means that the discovery, escape, Pursuit and the killing must all form parts of one continuous act. Immediately thereafter ~ may be an hour after > proximate result of outrage overwhelming accused after chancing upon spouse in basest act of infidelity [MUST BE A BYPRODUCT OF RAGE The kiling must be the direct by-product of the rage of the ‘accused, NO CRIMINAL LIABILITY 1S INCURRED UNDER ART. 247 BECAUSE THERE IS NO FELONY No criminal lability is incurred when less serious or slight ‘physical injures are Inflcted. Moreover, in case third persons ‘caught in the crossfire suffer physical injuries the accused is nat, liable for physical injures. The principle that one is liable for the ‘consequences of his felonious act is not applicable, because his act under Art.247 does not amount to a felony. ‘APPELLANT WAIVES HtS RIGHT TO BE PRESUMED INNOCENT By invoking this defense, appeliant waives his right to the ‘constitutional presumption of innocence and bears the burden of proving the following: "That a legally married person (or a parent) surprises his spouse (or his daughter, under 18 years of age and living With him), in the act of committing sexual intercourse with another person. "2. That he or she kils any or both of them or inflicts upon ‘any or both of them any serious physical injury inthe act cor immediately thereafter. + ~Advisers: Atty. Ronald Chua; ty. Brady De Castro Heads: Nina Mell; Vv Ventura Understudy: AndiDimalanta; Lala Calma; Star lilabal; Andrea atipuan Volunteer: Janeca Naboya-~ 107"3. That he has not promoted or facitated the prostitution of his wife (or daughter) or that he or she has. not consented to the infidelity of the other spouse.” (People v. Puedan (2002)} ‘Art. 248. Murder Elements: That a person was killed; That the accused killed him; ‘That the killing was attended by any of the following, {ualying drcumstances: & with treachery, taking advantage of superior strength, with the aid of armed men, or ‘employing means to weaken the defense or of ‘means or persons to insure or afford impunity, b. in consideration of price, reward or promise, & by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or si, d._on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a voleano, destructive cycone, ‘epidemic or any other public calamity, e. with evident premeditation, or {. with cruelty, by deliberately and inhumanely ‘augmenting the suffering of the victim or ‘utraging ot scoffing his person or corpse; and 4. The kilingisnot parrcide or infanticide. NoTE: * The victim must be klled in order to consummate the offense. Otherwise, it would be attempted or frustrated murder. ‘+ That murder will exist with only one of the circumstances described in Article 248 When more than one of said circumstances are present, the others must be considered ‘as generic aggravating. + That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be ‘considered as generic aggravating, + Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as seneric ogaraveting circumstances. ‘+ Treachery and premeditation are inherent in murder with the use of pofson. * A sudden and unexpected attack under circumstances which render the victim unable to defend himself by reason of the suddenness and severity of the attack constitutes alevosia. (People v. Santos (2004). Advisors Atty. Ranald Chu; Atty, Brady De Castro Heads Mina Melia; Viv Verrtura Understudy: And Dimalanta; Lata Calma; Star ularbal Andrea atipuan Volunteor: Janeca Naboya-~ CENTRAL BAR OPERATIONS 2010 ‘Dismemberment of adead body is one manner of outraging for scoffing at the corpse of the victim. (People v. Guillermo (2008) ‘+The barefaced fact that Danie! Sumayio pleaded gulty to ‘the felony of homicide is not a bar to the appellant being found guity of murder as a principal. it bears stressing that ‘Sumayla plea-bargalned on his re-arralgnment. Even if the public prosecutor and the father of the victim agreed to ‘Sumaylo’s plea, the State Is not barred from prosecuting ‘the appellant for murder on the basis of its evidence, independently of Sumaylo's plea of guilt. (People v. ‘Montanez (2004) ‘Art. 289, Homicide Elements: That a person was killed; ‘That the accused killed him without any justifying circumstances; ‘That the accused had the intention to kil, which Is presumed; and That the killing was not attended by any of the qualifying circumstances of murder, or by that of Parricide or infanticide, a ow oye © Intent to kills condusively presumed when death resulted. Hence, evidence of intent to kil is required only in attempted or frustrated homicide ‘© There is no crime of frustrated homicide through egligence/imprudence. ‘+ When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them Is guilty of homicide. + Inall cies against persons in which the death of the victim is an element, there must be satisfactory ‘evidence of (1) the fact of death and (2) the identity of the vietim, ‘© Penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age. Corpus detict!~ actual commission of erime charged © The qualifying circumstance of treachery was not sufficiently established by the prosecution. The prosecution witness did not see the actual stabbing of the victim, Therefore, there is no way of determining on how the ‘attack was inated. In the same way that no testimony ‘would prove that the appellant contemplated upon the mode to insure the kiting. The crime committed by _appellont is homicide, (People v. Dela Cruz (2003) 108No error was committed by the trial court in characterizing the felonious assault as frustrated homicide and convicting ‘appellant therefore. The appellant acted with intent to kil in fring the gun at Miguel. Usually, the intent to kill Is shown by the kind of weapon used by the offender and the parts of the victim's body at which the weapon was aimed, as shown by the wounds inflicted. (Gorospe v. People (2004)) ‘An accused may be convicted of sight, less serious or serious physical injuries in a prosecution for homicide or ‘murder, Inasmuch as the infction of physical injuries could lead to any of the latter offenses when carried to its utmost degree despite the fact that an essential requisite of the crime of homicide or murder intent to kil -is not required {in a prosecution for physical injuries. (Aradis v. CA (2004). Art. 250, Pena for restrated parricide, murder or hornicide '* Courts may impose a penalty two degrees lower for ‘frustrated parricide, murder or homicide. ‘> Courts may impose a penalty three degrees lower for attempted parricide, murder or homicide. © An attempt on, ora conspiracy against, the life of the Chief Executive, etc, Is punishable by death, Art. 251. Death ina tumultuous affray Elements: 1. That therebe soverai persons; 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally, '3. That these several persons quarreled and assaulted ‘one another in a confused and tumultuous manner, 4. That someone was killed in the course of the affray; 'S. That it cannot be ascertained who actually killed the deceased; and 6 That the person or persons who inflicted serious physkal injuries or who used violence can be identified. = TUMULTUOUS AFFRAY exists when at least 4 persons ‘take part in i. = When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray, + The person killed need not be a participant in the affray. "= Those who used violence are lable for death caused in a tumultuous affray only if it cannot be determined ‘who inflicted the serious physical Injuries on the deceased TD ee = “Tumultuous" in Article 153 ~ more than three persons who are armed or provided with means of violence Persons liable: 1. Person/s who inflicted serious physical injuries 2. Ifitis not known who inflicted serious physical injuries ‘on the deceased, all persons who used violence upon ‘the person ofthe victim. ‘Art. 252 Physical injuries inflicted in a tumultuous affray Elements: 1. That there fs a tumultuous affray as referred to in the preceding article; 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a Tess serious nature only; 3. That the person responsible therefor cannot be identified; and 4. That all those who appear to have used violence upon the person of the offended party are known. NTE: 1. Persons liable: Al those who have used violence on the person ofthe offended party. 2. Injured party must be a participant ofthe tumultuous affray. 3.1f the one who caused physical injuries are known, he will be liable for physical injuries actualy committed. 4. Sight physical injuries not included. ‘Art. 253. Gluing assistance to suicide ‘Acts punishable: ‘Assisting another to commit suicide, whether the suicide is consummated or not. Lending his assistance to another to commit suicide to the extent of doing the killing himself. ‘NOTE: ‘+A person who attempts to commit suicide Is not criminally lable. ‘© A pregnant woman who tried to commit suicide by ‘means of poison but instead of dying, the fetus in her ‘womb was expelled, isnot liable for abortion. ‘© Assistance to suicide is different from mercy-kiling. Euthanasia or merey-lting isthe practice of painlessly putting to death a person suffering from some incurable disease. in this case, the person does not want to dle. A doctor who resorts to euthanasia may bbe held liable for murder. © Penalty is mitigated i suicide isnot successful. Advisers: Atty. Rona! Chua; Aty. Brady De Castro Heads: Nina Mejia; iv Ventura Understudy: And Dimatanta; Lala Cala; Star Starbal Andrea 1uen Volunteer: laneca Naboya— Kati eer: Janeca Haboya is1. That the offender discharges a firearm against or at ‘another person; and 2. Thatthe offender has no intention to kil that person. Note: 41. The offender must shoot at another with any firearm without intention of kiling him. ifthe firearm is not discharged at a ‘person, the act isnot punished under this article. 2.A discharge towards the house of the victim is not discharge of firearm. Fring a gun at the house of the offended party, not knowing in wnat part of the house the people were, is only alarm under Art. 155. 3. Usually, the purpose of the offender is only to intimidate or frighten the offended party. 4. Intent to kil is negated by the fact that the distance between ‘the victim and the offender is 200 yards. 5. A person can be held lable for discharge even if the gun was ‘ot pointed at the offended party when it fired as fong as it Was initiolly aimed at or aginst the offended party. Section 2.~ Infanticide and abortion ‘Art. 255. Infeiidle Elements: 1, Thata child was killed; 2. That the deceased child was less than three days (72 hours) of age; and 3. That the accused hlled the sald NoTE: 1. The penalty is that for parricde or murder, but the name of the crime i always infanticide. 2.When the offender is the father, mother or legitimate ‘ascendant, he shall suffer the penalty prescribed for parricide. |f the offender is any other person, the penalty is that for ‘murder. in either case, the proper qualification for the offense Isinfanticide. ‘3. When infanticide is committed by the mother or maternal grandmother of the victim in order to conceal the mother’s dishonor, such fact is only mitigating. ‘4. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation, Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to protect. 5. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent Fife when itwas killed, os a edd OPERATIONS 2010 ‘Art. 256. intentional abortion Elements: 1. That there is apregnant woman; 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 2. That as a result of the use of violence or drugs or ‘beverages upon her, or any other act of the accused, the fetus dies, ether in the wornb or after having been expelled therefrom. 4, That the abortion is intended, NOTE: 41. fetus about six months old cannot subsist by itself, outside ‘the maternal womb. Abortion usually means expulsion before ‘6th month or before term of its viability. 2. Vlada: Abortion, as Jong as fetus dies as a result of violence used or drugs administered 23. Infanticide, if:(1) Fetus could sustain independent life after its ‘separation from maternal womb, and 2) its Killed, 4. Fetus survivesin spite of attempt to kil it or use of violence: S.Abortion intended, all acts of execution performed — {frustrated intentional abortion 6. Abortion not intended, fetus does not de — physical injures 7. No frustrated unintentional abortion ‘Art. 257. Unintentional abortion Elements: 1. That thereis a pregnant woman; 2. That violence is used upon such pregnant women ‘without intending an abortion; 3. That the violenca is intentionally exerted; and 4. That asa result of the violence the fetus des, eltherin the womb or after having been expelled therefrom. '* Committed only by violence (giving of bitter substance with no intention to cause abortion is not ‘unintentional abortion) Violence must be intentionally exerted. ‘Unintentional abortion may be complexed with other crimes such as parricide or homicide. ‘+ Unintentional abortion can also be committed through negligence. (People vs. Jose) ‘©The accused can only be held liable if he knew that the ‘woman was pregnant. ‘© If there is no intention to cause abortion and neither ‘was violence exerted, Arts. 256 or Art. 257 does not apply. —Advisers Atty. Ronald Chuo: Atty. Brady De Castro Heads: Ning Mejla; iv Ventura Understudy: Andi Dimalanta; Lala alma; Sta lular; Andrea ‘atipuan Volunteer: !aneca Naboya~ no‘Art. 258. Abortion practiced by the woman herself or by her parents Elements: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; and 3. That the abortion is caused by- ‘2. the pregnant woman herself anyother person, with her consent, oF any of her parents, with her consent for the purpose of concealing her dishonor. NOTE: The liability of the pregnant woman is mitigated if the purpose is to conceat her dishonor. However, there Is no mitigation for the parents of the pregnant women even if ‘their purpose Isto conceal their daughter's dishonor, unlike ininfanticide. ‘Art. 259. Abortion practiced by a physician or midwife and dispensing of obortives Elements: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; 3. That the offender, who must be @ physician or midwife, causes or assists in causing the abortion; and ‘4. That said physician or micwife takes advantage of his ‘or her scfentific knowledge or skil. Elements 2s to pharmacists: 1. That the offender is a pharmacist. 2. That there is no proper prescription from a physician, 3. That the offender dispenses of any abortive. NOTE: ‘© Its not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished 15 the act of dispensing an abortive without the proper prescription. If he knew, then he would be liable as accomplice in infanticide. © Itisnot necessary thatthe abortive be actually used. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice. ‘© RA 4729: regulates the sole, dispensation, and/or distribution of contraceptive drugs and devices ‘+ Its not unlawful if sale, dispensation or distribution of contraceptive drug or contraceptive device is by a duly licensed drug store or pharmaceutical company and ‘with prescription of qualified medical practitioner. eT aT ee ey Section 3.— Duel ‘Art. 260. Responsibility of participants in a duel ‘Acts punishable: L Killing one’s adversary in a duel 2. inflicting upon the adversary serious physical injuries 3. Making combat although no physical injuries have been nficted Persons table: 1 Principals ~ person who killed or inflcted physical injuries ypon his adversary, or both combatants in any other cases. 2. Aecomplices - seconds NoTE: * A duel is a formal or reguar combat previously concerted between 2 parties in the presence of 2 or ‘more seconds of lawful age on each sie, who make the selection of arms and fica the other conditions of the fight ‘+f dath rests, the penalty isthe same as that for homicide. ‘+ Thelaw disregards intent to iln a duet ‘+ In case of sight physical injuries inflicted on another, penalty is arresto menor, 3rd paragraph applies only ‘when no physcalinjuris re infcted. Art. 261. Challenging to @ doe ‘ets punishable: 1 Challenging another to a duel 2. Inciting another to give or accept achalenge toa duel 3. Scoffing at or decrying another publicly for having refused to acenpta challenge to fight duel. Persons liable: Challenger 2 tnstigators ‘Chapter Two: PHYSICAL INJURIES ‘rt. 262. Mutilation “Two kinds of mutation: 1 Intentionally mutilating ancther by depriving him, totally or partially, of some essential organ for reproduction Intentionally ‘making other mutation, Le. loppin, Clipping off any part of the body of the offended party, ‘ther than the essential organ for reproduction, to Moral kind) ‘* When the offender in rape has an ascendancy or influence ‘over the git, it fs not necessary to put up determined resistance * Rape may be proved by the uncorroborated testimony of ‘woman alone bee i) aL i) ‘THREE WELL-KNOWN PRINCIPLES TO GUIDE THE COURT: An accusation for rape can be made with facility, is dificult to prove, but more difficult for person accused, though innocent, to disprove 2. Nature > only two persons are involved, testimony of complainant must be scrutinized with extreme caution 3. The evidence for prosecution must stand or fll on its ‘own merits, and cannot be allowed to draw strength from weakness of evidence for defense Deprivation of reason contemplated by law need not be ‘complete, mental abnormality or deficiency sufficient CONSUMMATED RAPE: penetration of labia consummates the crime of rape ATTEMPTED RAPE: intent to have carnal knowledge must be clearly shown Multiple rape by two or more offenders > each one is responsible not only for rape personally committed, but also for rape committed by others Rape with homicide is now a special complex crime Rope infecting victim with gonorthea that caused death is {an illustration of rape with homicide Indemnity in Rape: P50,000 mandatory, i circumstances Which desth penalty Is authorized > P75,000; Rape with homicide > P100,000 ‘Moral damages > P50,000, without need of proof Exemplary damages > if crime committed with one or ‘more aggravating circumstances In rape, SC previously ruled itis not necessary that lewd design or unchaste motive be proved (People vs. Obsania (2968); in cases of acts of lascviousness, without proof of lewd design, or unchaste motive, crime committed is only ‘unjust vexation (Luansing vs. People(969)) In rape by sexual assault, the word “instrument or object” should be construed to include a human finger. (People v. ‘Nequia (2003) ‘The definition of the crime of rape has been expanded with ‘the enactment of Republic Act No. 8353, otherwise known as the AntiRape Law of 1997, to include not only "rape by sexual intercourse" but now likewise “rape by sexual assault" An act of sexual assault under the second paragraph of the article can be committed by any person ‘who, under the circumstances mentioned in the fist Paragraph of the law, inserts his penis into the mouth or ‘nal orifice, of any instrument or object into the genital or ‘anal orifice, of another person, The law, unlike rape under ‘the first paragraph of Article 266-A of the Code, has not ‘made any distinction on the sax of either the offender of the victim. Neither must the courts make such distinction. (Ondinaro v. People{2004)) Eee Advisers Atty. Ronald Chua; Atty. Brady De Casto Heads: Wina Mebia; Viv Ventura Understudy: Andi Dimalanta; Lala Calms Star hlarbal Andres Katipuan Volunteer: Janeca Naboya~ us‘+ Even the slightest contact of the penis with the labia under the circumstances enumerated under Art. 256-4 of the Revised Penal Code constitutes rape. A flaccid penis can do ‘as much damage as an erect one — at least insofar es the crime of rape is concemed. (PEOPLE vs. NAVARRO (2003) ‘+ Anunchaste woman who habitually goes out with different men may be a victim of rape. The victim's moral character is not among the elements ofthe crime of rape. It does not negate the existence of rape. (PEOPLE vs. AGSAOAY (2004) ‘* Rape may be committed anywhere ~ even in places where people congregate such as parks, along the road side, “within school premises, and inside a house where there are other occupants. The beast in him bears no respect for ‘time and place. (PEOPLE vs, LALINGIAMA (2002)) ‘+ The trial court has decreed the penalty of death on account of circumstance under Article 286-A, Le., that when "the offender knows that he is afflicted with Human Immuno- Deficiency . Virus (HIV), Acquired Immune Deficiency ‘Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim," the imposition of the extreme penalty of death ‘would be warranted. (Reople v. Olayber (2003)) + An accused may be considered a principal by direct participation, by inducement, or by indispensable ‘cooperation. This is true in a charge of rape against a woman, provided of course a man Is charged together with her. Thus, in two cases the Court convicted the woman as @ principal by direct participation since it was proven that she held down the complainant in order to help her co-accused spouse consummate the offense. (People v. Dela Torre (2006) + Absence of resistance does not mean consent. The ‘complainant was only 14 years old when the rape took place. At her age, it could easily be conceived that she {eared the appellant and believed his threats, thathe would kill her and her family if she reported the incident to anyone. The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that If she resists or does not yield to the desires of the accused, ‘the threat would be carried out. (People v. Espinasa(2004)) © The negative findings of spermatozoa on the medico-legal ‘report does not prove that no rape was committed. (People . Molones (2004) ‘* Where the git is below 12 years old, the only subject of inquiry is whether “carnal knowledge” took place. Proof of foree, intimidation or consent is unnecessary since none of + aD OPERATIONS 2010 these is an element of statutory rape. There is a conclusive presumption of absence of free consent of the rape victim isbelow the age of 12. People v. Rote (2003) hen the original and primordial intention of the appellant in keeping the victim in his apartment was to rape her and rot to deprive her of her liberty, the appellant is guilty only of rape under Article 335, paragraph 1 of the Revised Penal Code, and not of the complex crime of serious Hegel

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