% 2 ODTODVCAOOOZOAAAAXAAAARAADA lomenat COD rnocr & ATENEO CENTRAL BAR OPERATIONS 2079 JORGE ALFONSO ©. MELO LEILA S, Ln ATENEO CENTRAL BAR OPERATIONS PATRICK EDWARD BALISONG KATRINA Y, COSCOLLUELA JONATHAN VICTOR NOEL CZARINA CHER CUERPO GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN ‘BENIGNO ENCISO JUDGE OSCAR PIMENTEL (RET) RONALD C. CHUA cin a Pac ens ALELI JOYCE BUCU [BERNADETTE ENCARNACION PATRICIA THERESE MIRADOR IERMINAL LAW Saja Mosse EUNICE A. MALAYO FRANCES CHRISTINE F. SAYSON PATRICIA LORENZA GUTTIEREZ PATRICK CALDO TRISHA FEJ MAE EGUIA KALI MAVEAHSIUFE ELLAINE quZON FRICELA KaM CARREON RICHELA PUNO. PATRICIA SORIANO ‘CHRISTINA BALTAZAR ‘DOROTHY HELENA BULNOAN tuk MONSALUD CARMINA LOUISE ARAGONOOFOGOOCDDOS09ARABDABRAAA cer nmneoeo ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW TABLE OF CONTENTS |, FUNDAMENTAL PRINGPLES A. FUNDAMENTAL PRINCIPLES & DEFINITION OF TERIS nn CRIMINAL LAW that branch of municpl law which defines Circa eas of ter nature ane provides for ho punishment SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW.. |. FELONIES... [A. CLASSIFICATION OF FELONIES on oe ~ 1. ELEMENTS OF CRIMINAL LIABILITY, — ~ C.IMPOSSIBLE CRIMES cnn D. STAGES OF EXECUTION... F. CLASSIFICATION OF FELONIES (ACCORDING TO GRAVITY) 6. OFFENSES NOT INCLUDED IN THE CODE’S CLASSIFICATION OF FELONIES. amen a) MULTIPLE OFFENDERS se snes 1B |. CONTINUOUS (CONTINUED OR CONTINUING) CRIME. a etn 4. COMPLEX CRIMES V. SPECIAL COMPLEX CRIMES ou = — 16 Ill CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY. ae 20 B. ART. 11: JUSTIFYING CIRCUMSTANCES. se : pence 2, SELF-DEFENSE (PAR. 1).. : a 7 a B. ART. 12, EXEMPTING CIRCUMSTANCES (IFaINDIA).. see C.ART, 13 MITIGATING CIRCUMSTANCES. ne) D. AGGRAVATING CIRCUMSTANCES. 35 E. ALTERNATIVE CIRCUMSTANCES... : 40 F. ABSOLUTORY CAUSE, se st IV. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION. ste BB |A. PERSONS CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES.. see 2ATENEO CENTRAL AR OPERATIONS 2049 CRIMINAL LAW i PERSONS CRIMINALLY LIABLE FOR LIGHT FELONIES = m (C. PARTIES IN ALL CRIMES, D. PRINCIPAL nn E. ACCOMPLICE... F. ACCESSORY... V. PENALTIES... A, GENERAL PRINCIPLES 7 a 50 1. DIFFERENT JURIDICAL CONDITIONS OF PENALTY (LEPC) 59 2, THEORIES JUSTIPYING PENALTIES ronson . : 59 5. PENALTIES THAT MAY BE IMPOSED 88 4. ACT PROHIBITING THE IMPOSITION OF GEATH PENALTY IN THE PHILIPPINES (FA. 8848)...--cesevssoe/ 80 B. PURPOSES... 60 CLASSIFICATION. 60 CLASSIFICATION GF PENALTIES BASED ON THEIR NATURE 0 CLASSIFICATION: 8 ILACCORDING TO THEIR GRAVITY (CAEL Ea} 8 1D. DURATION AND EFFECT. aoe nen 62 s: DURATION, 2 2 EFFECT. 62 E. COMPUTATION OF PENALTIES.. 6 F.APPLICATION . : sen ‘INDETERMINATE SENTENCE LAW (St) ” oe 6. THREE-FOLD RULE (ART. 70) os H. SUBSIDIARY IMPRISONMENT.. 64 st EXECUTION AND SERVICE {PROBATION LAW (PD. Ne {J DISTINGUISHED FROM PREVENTIVE IMPRISONMENT PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT (ART. 29) nnnnnmoe 85 VI. GRIMINAL AND CIVIL LIABILITIES. A-EXTINGTION OF CRIMINAL LIABILITIES, ~ seven 1: Total ExtneSon of Criminal Liabities (Ar 8 25 2, Pal Extnoion of Criminal Labi. er 8. CIVIL LIABILITIES IN CRIMINAL CASES. REVISED PENAL CODE ~ BOOK : 70 A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATION. aA = aa0AaF V° an70 a ranannnangoon04 anCRHOE CEOS OODADTOADA0OG ATENEO CENTRAL BAR OPERATIONS 209 CRIMINAL LAW ‘5, CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE. a ©. CRIMES AGAINST PUBLIC ORDER. seven 94 D. CRIMES AGAINST PUBLIC INTEREST wecann on 19 . CRIMES AGAINST PUBLIC MORALS... 7 439 F. CRIMES COMMITTED BY PUBLIC OFFICERS. a 6. CRIMES AGAINST PERSONS ve erenvnnn so 159 H. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY nov [CRIMES AGAINST PROPERTY ween 4J. CRIMES AGAINST CHASTITY. os sn sve 208 RA, 9262 —_ ANTL-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 PARTICULARLY PSYCHOLOGICAL VIOLENCE PUNISHABLE ACTS, SEC 5(6) KCGRIMES AGAINST THE CIVIL STATUS OF PERSONS, = = a8 LL CRIES AGAINST HONOR, 1M. QUASLOFFENSES (OR CRIMINAL NEGLIGENCE). SPECIAL LAWS. LANTLARSON LAW (PD 1613); (RA 7650) eet - ‘A. PUNISHABLE ACTS, en B. PRIMA FACIE EVIDENGE OF ARSON (WE: SWiF . AGGRAVATING CIRCUMSTANCES (GAST}: 1 ANTL-CHILD PORNOGRAPHY ACT OF 2009 (RA 9776). ‘A: DEFINITION OF TERMS : : ‘230 B. PROHIBITED ACTS. Sn venom nneans 290 WL ANTL-FENCING LAW (PD 1612); AND ITS IMPLEMENTING "A-ELEMENTS OF FENCING (C218), 8, PRESUNPTION OF FENCING. C. CLEARANCE OR PERMIT TO SELL. IV. ANTL-GRAFT AND CORRUPT PRACTICES ACT (RA 3019). ‘A: DEFINTIONS, B, PERSONS LIABLE AND PUNISHABLE ACTS. C.PRIMA FACIE EVIDENCE OF AND DISMISSAI DUE TO UNEXPLAINED WEALTH 235 D. PRESCRIPTIVE PERIOD: FIFTEEN (18) YEARS 236 E_ ACTS NOT COVERED BY THE LAW...» 236 F. STATEMENTS OF ASSETS AND LIABILITIES (SEC. 8 OF RA STIS} : 236 \V. ANTLHAZING ACT OF 2018 (RA 6049, AS AMENDED BY RA 11055), [ALDEFINITION OF TERMS, 8, PROHIBITION ON HAZING.ATENEO CENTRAL ‘BAR OPERATIONS 2019 CRIMINAL LAW ©. REGULATION OF SCHOOL-BASED INTIATION RITES 27 D.WHO ARE LIABLE. 238 VI-THE ANTI: HUACKING LAW (RA 6225) enn 240 ‘A. PUNISHABLE ACTS, 240 BLQUALIFYING CIRCUNSTANCES 240 Vil. ANTLPHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) nnn 2a ‘A Definition of Terms 241 B.Punshable Acts oes Vl. AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER (RA 7080). 22 ‘A. PUNISHABLE ACTS, 5 22 8, ELEMENTS OF PLUNGER. 242 ©. JURISDICTION: Sandiganbayan: 242 D. RULE OF EVIDENCE : 242 1X. ANTL-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) ee zag 'R. COVERAGE OF SEXUAL HARASSMENT! own baa 8, PERSONS LIABLE: 2a C.ACTS PUNISHED. 248 D. DUTY OF THe EMBL OVER OR HEAD OF OFFICE N'A WORK RELATED, EDUCATION ORTRAINING ENVIRONMENT. ae E, IABILITY OF THE ENIPLOVER, HEAD OF OFFICE, EDUGATIONALOR TRAINING INSTITUTION nn 245 F INDEPENDENT ACTION FOR DAMAGES rn 25 G. PRESCRIPTION: Tree (3) years. 248 X-ANTL-TORTURE ACT OF 2000 (RA 9745), o a 248 ‘AIPUNISHABLE ACTS, 248 8. ACTS OF TORTURE 246 ©. PROHIBITED DETENTION. aa XLANTL-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED BY RA 10364). ne 248 'A. DEFINITION OF TERMS, : 208, 8. PUNISHABLE ACTS, 248 QUALIFIED TRAFFICKING (Pie: SCAND}, : 249 LEGAL PROTECTION. a8 EE IRRELEVANCE OF PAST SEXUAL BEHAVIOR. cae Xll,ANTEVIOLENCE AGAINST WOMEN AND CHILOREN ACT OF 2004 (RA 9262... 281 ‘A-DEFINITION OF TERMS, oo 251 6, PUNISHABLE ACTS [PAROS] 252 C. BATTERED WOMAN SYNDAGME AS A DEFENSE. 262 Xi, BOUNCING CHECKS LAW (BP 22) PLUS ADMINISTRATIVE CIRCULAR NO. 12-2000 RE: PENALTY FOR VIOLATION OF BP 22 AND ADMINISTRATIVE CIRCULAR NO. 13-2001 RE: CLARIFICATION OF ADMIN. CIR. NO. 12-2000; AND PD 1689 INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING-OR ESTAFA) ne 252, ‘A. PUNISHABLE ACTS. 258 &. EVIDENCE OF KNOWLEDGE OF INSUFFICIENT FUNDS 283 C. DEFENSES AGAINST BP 22 : 253 1. DISTINGUISH ESTAFA UNDER THE REC AND BP. 25 SNe XIV. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RATES) AMENDED BY RA 10640. 255 '& DEFINITON OF TERMS. 255 BL PUNISHABLE ACTS. 255 .CHAINOF cusToDY’ 288 D. ELEMENTS OF SALE OF LEGAL BRUCE 2s aanroaanaaDan aoan0 ONOD ONO neo aaneansnaD ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW TE, ELEMENTS OF ILLEGAL POSSESSION OF DRUGS 257 F. OTHER PERSONS LIABLE 287 6G. CONDITIONS FOR EXEMPTION FROM CRIMINAL LIABILITY UNDER THE VOLUNTARY SUBMISSION PROGRAM (C-PEN). 258 2X. ILLEGAL POSSESSION OF FIREARMS AND EXPLOSIVES (PD 1868, AS AMENDED BY RA NO. 8284 AND RA NO, 10591; PA 3516) enn — 259 “A. PUNISHABLE ACTS (ARTICLE VOF RA NO, 10801, ARTICLE Vy 259 8. USE OF LOOSEFIREARMS IN THE COMISSION OF A RIME...s--nssnnnssnnoosnn 58 6. LATEST RULES ON ILLEGAL POSSESSION OF FIREARMS 289 DB, RULES ON DEALING WITH EXPLOSIVES 260 XVL CYBERCRIME PREVENTION ACT OF 2012 (RA 10178) anne ane 284 "A. PUNISHABLE ACTS, 28 XVI HUMAN SECURITY ACT OF 2007 (RA 9372) : nnn 268 "8, PUNISHABLE ACTS, 263 8. OTHER PUNISHABLE ACTS. as PERIOD OF DETENTION — WiTliOUT “UDIGIAL WARRANT OF ARREST, 268 C.PERIOD OF DETENTION — IN THE EVENT OF AN ACTUAL OR IMMINENT TERRORIST ATTACK. 268 1D SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND RECORDING OF COMMUNICATIONS. 264 EXAMINATION OF BANK DEPOSITS, ACCOUNTS ANO RECORDS. 264 TERRITORIAL APPLICATION OF THE LAW... 264 XVI ANT-CARNAPPING ACT OF 2016 (RA 10882). 265 2X. ELEMENTS OF CARNAPPING. : 265, BLAGGRAVATING CIRCUMSTANCE WitiGh DENIES BAIL 268 PERSONS LIABLE. 288 D. PUNISHABLE ACTS [C2DATS] 285 XVII PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS (PD 1829}. neon a 268 ‘A, PONISHABLE ACTS 288 XIX. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT (RATSI0) a — = - mn ‘A. PUNISHABLE ACTS. 267 XX INDETERMINATE SENTENCE LAW (ISL) (ACT NO. 4103) x. sn 260 ’A.APPLICATION ON THE IMPOSED SENTENCE vn. : : 259 B. COVERAGE... 269 (CLREASONS FOR FIXING THE MARIN AND Mini TERMS IN THE INDETERMINATE SENTENCE... 270, 201, PROBATION LAW (PD 968; PD 1267; RA. 19707) ann a z am ‘A. DEFINITION OF TERMS a WHEN PROBATION Is APPLIED FOR a (C. GRANT OF PROBATION, MANNER AND CONDITIONS... I can 1D. PROBATION IS TO BE DENIED UPON FINDING OF THE COURT THAT: (OUCT)...-smnnnsenonercnns 274 E_DISQUALIFIED OFFENDERS am F. PERIOD OF PROBATION. 2 G.ARREST OF PROBATIONER. SUBSEGUENT DISPOSITION. 2 WHO ARE DISQUALIFIED FOR PROBATION UNDER SPECIAL LAWS. : mm LUTERMINATION OF PROBATION anCe DAAIVIDD”A OOBaRDS AOGo ARR O ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW FUNDAMENTAL PRINGPLES Fundamental Principles ‘Fundamental Principles & Detnion of Terms ‘2. Criminal Low b. Other Terms Sourees of Philippine Criminal Law {& Theores in Criminal Uw @_Logal Maxims 2. Scope of Appcation and Charactaristis of Philippine Criminal Law 2. Generaity b. Tertoriaty ©. Prospoctvey 8. Effects of RapoalfAmendivant of Penal Laws ‘2 Consttuonal Liniatons onthe Power of (Congress 6 Enact Penal Laws inthe Bl of Rights ‘A EUNDAMENTAL PRINCIPLES & DEFINITION OF TERMS CRIMINAL LAW i that ranch of municipal aw whieh detines crimes, tea of tel nature and provices oF ‘hele punishment. OTHER TERMS 11. GRIME- the commision or omission by a person taxing capaciy, of ary 2c, which’ ether prohibtes ‘ercernpetod by law andthe commissioner omission ‘ofwhich is purisnable by a preceeding brought nthe ame of the govemmant whose lw has beonvieates, 2, FELONY -a cime punished under he REC 3. OFFENSE -@ cm punished under a speciallw ‘SOURCES OF PHILIPPINE CRIMINAL LAW 4. Revised Penal Code 2. Special Penal Lawe; and 13. Penal Presidential Dacroas issued ding Martial tow, ‘THEORIES IN CRIMINAL LAW ‘L Classieal or Juristie Theory - Te bass of inal lab is human rea wl. The purpese ofthe penaty ierotnbtion n view othe vluntannese ofthe act omission ofthe offender. The emphasis ison tho offense and not onthe offender. 2, Positiist of Realist Theory - Man's nverenty good butte offenders socily sick The bass ste sum of social and ecanomie hanomena which condton mmanto do wrong in sta of er contrary his vali, ‘The purpose ofthe penalty is refermation, and the lerphasis is onthe fender butnat he ose LEGAL MAXIMS 1 ullum eximen null poena sine lege -There sno crime wien there fen law that defines and punishes © 2. At mo fait roum, nisi mens sit rea The act ‘cannot be criminal unless the mind is eina. 3. Actus me invite factus non est meus actus “An ‘tone by me agains my wil sat ny 2. 4. Doctzne of Pro Reo - Whenever a pana law is bbe consined or epliod andthe law admits of wo erpetatons —one lenient to the offender are one Sel othe offender - that interpretation which ie leviont or favorable othe olonder wil be adopted,ATENEO CENTRAL CRIMINAL LAW ‘EXCEPTIONS TO THE EXCEPTION: a. The offenceris a habitual delinquent; and b. The law otherwise provides. EFFECTS OF REPEAL/AMENDMENT OF PENAL Laws 1. Ifthe repeal makes the penalyKghtern the new aw, ‘he new law shail be apple: 2. Ifthe new law imposes a hesvor penalty, te aw in force atthe time af the commission of tre offense shallbe applied; 3. Ite new lw oat repeats the exiting law so that te act which was penalizes under the ost is no longer purishable or fails fo penalize the offense Under the ol Taw, the ene is obiterated and the ‘Se0used cannot be convicted under the new a, (a) Krepealis by reenactment, even wihout saving ‘tause, oa repeal by implication, t wauld nat estoy erminal tity an 10.2 parson eroneously accused and convictes under 2 ed statute may be punished under he ing statue, provided accused had an ‘pportuniy fo defend himeagelnst he charge, ‘CONSTITUTIONAL LIMITATIONS ON THE POWER OF CONGRESS TOENACT PENAL LAWSIN THEBILL OF RIGHTS. 4. EQUAL PROTECTION; 2 DUEPROCESS; 3. NON.IMPOSITION OF CRUEL AND UNUSUAL, PUNISHMENT OR EXCESSIVE FINES; 4, BILL OF ATTAINDER; 1 bil of ataingor fs @ legislative act which infts punishment without wal. ts essence ie te substation of 8 Togislsive act for @ jude determination of quit (People v Ferer, 6. No. L-52619-14, 1972) ‘LEX POST FACTOLAW: |An x post facto law is one which: (MACARD) '&. Makes criminal an at done before the passage ‘ofthe law and which was innacant when done, fend punishes sueh an acts 1b. Aagravatos acre, or makes it greatr thant was, wen commited Ghanges th punishment and infes a greater Punishment than the law annexed tothe crime ‘when commits: 4. Alters the legal les of evidence, and autnorze tambon upon less or eifferent testimony than theaw required at he tne ofthe commission of the offen; ‘Assumes to Regulate ci rights ana remedies nly, in ffectimposes penal o deprivation of right fox something whlen ben done was law ono Derive a person accused ofa cme some lawl protacton fo which he has bocome entiled (e. protection of former conviction or ogi, proclamation of amnesty) and ‘12. WAIVER OF THE RIGHTS OF THE ACCUSED, END OF TOPIC RAAR ARO RARMODOAADOAAANTDANRSAAAN nennDQAMDAVAAAD O06 a a ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW Eslonies 1 Classiicaton of Felonies ‘2 Inentonal , Culpa Felonies Those Punished by Special Laws Elements of Gmina bly impossie Crimes Stages of xacaton Conspiracy and Proposal Clessiicaton of Felonies (According to Gravity) a Lght Lets Grave © Gave 7. Oflenses Not inhuded inthe Code's Cassfeaion of Penalties 8. utp Ortendors 9. Continuous Cantiwed or Coniouing) Gime 10. Complex Grimes v. Special Complex Crimes FELONIES are acts and omisions puriehable by the Revised Penal Code, ‘Three (3) Elements of Felonies: (AO-P-0C) 4 There must ba an tor ACT maacs any bodly movement nding to produce ‘some effect the external wore The possibilty ofts productions suflant. must be atleast on over acto at felony, that, an estat fact which has cect connection wih the floay intended o be commited 2. Qmission CONISSION means inaction, the feiure to perform @ postive duty which one is bound to de. There must be 3 law requting te dong performance ofan act 3. The actor omission must be Punishable by the PC; and 4. The acts performed or the omission ineuted by means of Dolo or Culpa. A ctrinal st presumed volntary. Inthe absence of inovbiable explanation, the act must be coclared Voluntainess (to incur erimina liability) requires: ‘2 Inialigance 1 Freedom faction and © Inlentioze Compare Dolo (deceit v. Culp (aul) DOU cuLPA involves mace Resale Form ‘or colbecate nagigence, stent; and Innprdonce, ack of foresight or lack ‘fel and Train, inns replaces by tau A.CLASSIFICATION OF FELONIES 4. INTENTIONAL FELONIES Inintotional felonies, the actor omission of tho offender is matious. The ac is performed wth deliberate inlont The ofender, in performing te actor In incuting the comission, has the infaton to cause an injury to snot. 5ATENEO CENTRAL CRIMINAL LAW THREE (=) REQUISITES: “A person who acts under the compulsion of an Imesitibe force, and an unconrotable fear ofan ena or greater injryisexamp from ena ably, i) eligence: Iti the meal capacy to determine what Is ight rom ‘what is wrong and to reakze the consequences af Factors that negate ineligence: minority, insanity, imbocity, 3. Intent Intentis a menial stato, the exetence of whlch ie shown by the over al ofa person: and {there i no intent there is no felony committed by dolo, bata felony may sil exist f cua presen Intent v, Motive INTENT OTE The pupae use ‘elect sucha The eason wie ‘comm an vet for resu and ‘2 deine result _ ne Fn deme at MOTIVE, when relovant: 1. Thedeniy of person accused ef having ommited a cri isindisoute, 2, Imasceraining te tut between antagonietic theeries o versions of te Kling: 2. Theidentfcaion ofthe accused proceeds rm uneaable source and testimony is inconclusive and ot ee fam doubt: 4, There ae no eyewitnesses ta the crime, and where suspicion self fal upon a numb of persons; and 5. The evidence is merely orounstantl MISTAKE OF FACT Ignorance or mistake of fact robeves th accused fom Criminal Habit. Mistake offat is 3 misapprehension af facton the pat of te person who causod injury to ancthor. He is rot ciminaly Babe, because he id not act with ‘rmisl ont THREE 0 REGUISTES OF MSTANE OF FACT ‘The act done woushave boon Lawful had the facts ena the accused teeved them tobe; 2. The tenon of te accuse in performing the act should ba ltl ana 3, The mistake must be Without fault or earelesenees on Ihe partof te accused, 2. CULPABLE FELONIES In culpable felonies, th actor onission a he otters ‘notmalcous. The ry caused bythe offender to another person is "urinintonal, it sing simply the Incident of fnather act performed without male" THREE (3) REQUISITES: (F4) 1. Ereedom: 2. Itligonce: ana 5. Improsence, negligence, ack of foresight orl of Imprudance indicates «deficiency of ection, usualy involves lack fal. Example: a person fst take the necessary precaution tw.av0d injryto person or damage oprovety. NeglgenceIndestes a deficiency of perception, usualy Inwohes lnc of fesigh. Example: a person fas 0 pay Proper ateston and to use gence in oesocing he uy (¢damage impending o be caused, THOSE PUNISHED BY SPECIAL LAWS The thie deasof ones, are those defined and penatned by special faws, which incluso crimes punished by rmunilpal or cry edinances. When the eames punished by @ speck lm, inert to commit the cme § not necessary. Ris suffciont the thecfferder has the intent 0 perpetrate he oe prohibited by the specallow. ELEMENTS OF CRIMINAL LIABILITY {LANINTENTIONAL FELONY KAS BEEN COMMITTED; Criminal Liability exists where: Ifa man creates in ancther person's rind en immediate sense of danger, which causes such person to ty ‘© escape, andin so dong, the later rjures hrs, tho man ano citales such a este of mind responsible forthe resulting injuries; (People v. Page, GLA. No, 37506, 1977) moagannann 4549409090 oO eranno a eco9 VA eogn0enoo9gg09gga Oo aancocananaonnada ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW No felony is committed: 2. When te ac omission not puishabe by the RPCior b. When he acts covered by any ofthe justying croumstanees enumerated in Aa, 2.THEWRONG DONE TO THE AGGRIEVED PARTY BE THE DIRECT, NATURAL AND LOGICAL CONSEQUENCE OF THE FELONY COMMITTED BY THE OFFENDER. Art. 4 Criminal abity. — Criminal abiity be incurred: 4) By any person committing @ felony (delito) although ‘tie wrongiul act done be diferent {rom that which he intended ‘one wha commis an intentional elon is responsble for af the consequences, which may naluraly and logleally resut thereftom, wheter foreseen or intended or nt ans “Tre atonal of the ete mai, a us cause de ta causa es causa det mal caused (he who i the couse ofthe cause the cause of te evicaused), How orminal tiabiliyis incurred: 41 By comping anintriionel ony even he wrong produced a a consequence thereat isnot itended bythe tender and 2. By commiting an impossible crime PROXIMATE CAUSE eis thal cause, which, in_notural ane continvous sequence, unbroten by any sient intervering cause, produces be injury, and without whch the aut would act have occured. (Batacon v. Moding, GA. No. L-10126, 1957, Ie is that acing frst and producing the inay, eier immediately, oF by seting Ober events In-moton, al onsituling 9 rata ae continuous dain of evens, each hing 2 cose causal comecton wih i. knmedats presecessor. ‘Accused wi used @ deadly weapon puting the other's lie in jeopardy an oath fallow i lable fr said death, (People v Likton,G.R. No. 207888, 2074) ‘The felony committed ia'not the proximate cause of the resulting injury when: 7._Therois an ave foes hat inervaned botwosn the fokeny commited ard the resuling iy. er 2. The resulting jury is duet re itetonal act of be vic When death Is presumed to be the natural consequence of physical injuries inflicted {1 The vein atthe tne ofthe physica injuries were Infctas wasn normal haat, 2. Death may be expected rom tho physical injures infictot ane 43, Death enaued win a raesenable tie. [An ettectve intervening cause nterrpts the natural tw of vers leading to one's death, may releve he otendor from abit. ‘Stuoons where @ person commiting @ felony ft criminal Habe 1. Errorin personae: mistake inthe dont of the vic: 2, Aboratio ictus: iia nthe blows rs 83. raster intentionem: the ijrious resis greater than hatintended. mpossiB.e cRIMES An. 4 Criminal laity. — Criminal iabilty shall bo Incurved: 1) By any person performing an act which would bo an offense against parsons or propery, wore TR not for the inherent Impossibity of its Accomplishment vor an account of the fmployment of nadeauate orietfectia mess. NOTE: The commission of 2n impossibie crime is indicave of etninal propensity c ciminal tendency on the pat ofthe actor. Such a person sa potential crmins FOUR (4) REQUISITES OF IMPOSSIBLE CRIMES: (PEW) 1. The act performed would be an offense against Bersons or Broperty Wf the act performed would be an offense other than a feory aga persone ores propery, te is.n0 Felonies against persons: 2. Porte; B Murder, © Homicide:ATENEO CENTRAL, CRIMINAL LAW anti fe Root; Dust Physical injuries; and Felonies against property ‘a. Robbery DB. Begandoge 1. Usapaton; ©. Cubatle insolvency. . Suinding and ober deceit Chat! morgage, h._Aroon and overcomes aking destucon nd i. Macous miseie. 2 The act was done with Eviintent; 5 Hs accomplishments inherently Impossibe or that ‘the means employed is ether inadequate oF ineffectual In impossible crne, tho act pectormed by the oferder cannat produce an oflense again! persons r property, because: (1) the commission ofthe offone is inherent, Impossibi of socomplshment. (2) bw meane a elther (@) inadequate or) neictal ane 4 The act performed should not constitute a violation of Another provision ofthe Revised Penal Code. INADEQUATE AND INEFFECTUAL MEANS. Inherent impossibly ofits accomplishment Thare must ether be: (legal impossibly, or (0) hysial Impossibity. Logal Impossibiity - The intended acts, oven if completed, would not amount to a erime. Physical Impossibiliy - Extraroous ccumstances unknown to Bie actor oF beyond hie cota prevent the consummation ofthe intended ern Employment of inadequate means - Means is ineuficlent. Employment of ineffectual means -Means employed dd ro prodice the eau expected. Purpose: The purpos ofthe lawn punishing impossible cme ie {© suppress criminal propensiy or cminat ‘endencics.Objecively, the ofandor has nal commified & felony, bo subjectively, he is acral NO ATTEMPTED OR FRUSTRATED IMPOSSIBLE CRIMES ‘Thor it no atlompted or rutatedimpossibie ci, The oftender intercing to commit an offense hae aeady Performed all the aes of executon but does nol produce the erime by reason of the fact thet ils rte i one of Impossible accomplishment or thatthe means employes are essentially inadequate or inefectual, Since al he acs bf execution ave aeady been performed, there could be no attempted impossible cme. The acs perormed by the offender "are considered a8 constiuting 2 consummated ofene, DUTY OF THE COURT IN CASES WHERE ACTS NOT COVERED BY THE LAW MUST BE PUNISHED Art. 5. Duty of the court in connection wth acts Which should be repressed but which are not covered by the law, and in cases of excessive penalties. —- Whenever a court has knowledge of ny act which it may deem proper to repress and ‘Which is nt punishable by awit shall render the Droper decision and shall report to the. Chief Executve, through the Department of Justice, the reasons which Induce the court to believe that aid ect should be made the subject of penal legisation In the same way the court'shall submit tothe Chief Executive, through the Department of Justice, ‘such statements may be deemed proper, without ‘suspending the execution of the sentence, whena ‘tet enforcement ofthe provisions of this Code would result in the Imposition of clearly ‘excessive penalty, taking into consideration the ‘of malice and the Injury caused by the offense STAGES OF EXECUTION Ar. 6. Consummoted, frustrated, and attempted felonies. — Consummated felonies a2 well as those which are frustrated and attempted, ore punishable. {A folony is consummated when all the elements necessary forts execution and accomplishment fare present; and ts rustrated when the offender Performs all the acts of execution which would Produce the felony as a consequence bul which, 8 5) YANDOANIDIDA a0 anna NO9OADO aanacacnanannaoongg9090009 o000 lake) Q eroccanracnngcono ATENEO CENTRAL {BAR OPERATIONS 2018 (CRIMINAL LAW nevertheless, do not produce it by reason of Causes independent ofthe will f the perpetrator, There is an attompt when the offender commences the commission of 2 felony directly for over acts, and does not perform all the acts of execution which should produce the folony by reason of some cause or accident othor than this ‘own spontaneous desistance DEVELOPMENT OF A CRIME 1. INTERNAL ACTS, such a8 mere ideas inthe mind of a person, are not punishable even Thad they been cari ou, hey would constiue a crime 2. EXTERNAL ACTS cover (a) preparatory acts; and (b) act of execution. 2, Preparatory acts - ordinarly they are not purishabie, but preparatory acis which are Consicered in themesies, by law, 36 independent crimes are punishable Bx: buying or propering saison a weapon with vihich to kil the. infended veins canying Intammatie materials to the plaoe where houses tobe bumed, ». Acts of execution ~ punishable under the Reviod Penal Code, i" Subjective phase - portion of the acts constituting the cmd, staring from the point where the offender begins. the Commission of tha crime to that Point ‘where he st nae corre! over his cs Inciting their natal course, i. Objective phase - the osu of the acts of ‘xecation, that, tho accomplishment of the cine Ifthe subjective and objacve phases ‘re present there fs 8 Sonaummatad foory ‘The “sportansous desisiance of the accused Ts exculpatory only (a) if ‘made during te atlempied stage, nd (2) provided that the ac aeady ‘commited donot constiute any ‘fence. “Thor isan attempt when he offender commences the commission of felony decty by overt act, and does notpertom athe acta of exzution whic shoul produce the felony by reason of some cause or accident other han his own spontaneous desistonce 1. The offender commances the commission of he felony directly by over acts; 2. He does na perform athe acs of execution which should produce the tlory; Ie offender has performed al the act of execution = noting mere is lft to be dane ~ the slage of ‘execution is that fisted flony, he felony is not produced oF ongunmated, ithe felony fs produced 3. The offender's acts not stopped by his own spontaneous distance, Rationale for non-lbilly in cases where there Is ‘Spontaneous desistance: It is sot of @ reward ‘rant bylaw ta thse who, having one fot on the \orge of ere, boed thecal ofthe conscience and Feturn othe path of ighteousness, The law does not parish him and 4. The ner-perfommance of al sci of executon was dus to cause or aiden other han bia spontanecus desitance. overt acts. Iti some physic! acuity or ded, ndeatng the Inention te commit parletla cme, more than a mere planning oF preperation whic cara to ts complete termination folowing ts natural course, without being frustrated by ‘extemal obstacles nor bythe voluntary desistance ofthe perpetrator, wil fogicaly and necessary ripen into 2 onoree offense, FRUSTRATED FELONY elon i frustrated whan the offender perorms athe acs of execution which would produce the felony a8 & Consequence bu which, nevertheless, do nat produce it by roason of causes independent of th wil of the ELEMENTS: 1 The ofender perfoms al the acs of execution; Noting mere lat to be done by tha offender, because he has porfrmd the last act necessary to Produce the cies 2. Ri the acts partormed woud produce the felony a8 2 consequence: 3. Bulihe felony isnot produc, and 4. By reason of causes independent ofthe wil ofthe perpetrate.ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW “Tare ae Gives whieh donot admitota fusraled stage DEFINTION By the defnton ofa fuststed felony, the oflerdes cannot N possibly parform al the acts of execution to bring the ‘Sesiod recut without conaummating the ofense ane ual —| CRIMES WHICH DO NOT HAVE A FRUSTRATED ee ee [ich would | “the actor the 1. Rape, because the gravamen ofthe offense is camal Ps eae mon 7 Gbviate minal —| —aciors knowledge, so no mater how sight he penetration, the felony is consurenate 2. inact ber, because the offense is commited by accepting ifs ofered othe public ocr by reason tri ofce 3. Coruption of publ officers, since the crime requires ‘the concurrence ofthe wil of both partes 4. Autry, because the essence of he climes sexial congress 5, Physical injury since ite determination whether sight less serious, or serous ean only be made once it consummated and 6. The, since ung taking immediately conaummates the offense and the dispeson a the thing isnot an element ‘CONSUMMATED FELONY A felony is consummated when all the ements recossaty for is execution and. accomplishment are present INDETERMINATE OFFENSE (ne whore the pupa ofthe offender in performing an act not contain. Is nature in elton ta is objective fe ambiguous, ‘Treintanton ofthe accused must be ascertained fram the facts and, therefore, iis necessary thatthe mind be able to drocty intr rom them the inten of he perpttor to cause a particular injury. DESISTANCE Ts an absoliory cause, which nogates ctiminal laity because the law encoutages a person to desist fom commiting a crime. Desistance should be made betore all the acts of ‘execution ae performed, ‘Legal Desistancev. Factual Desstence TEGAL DESISTANCE med FACTUAL DESISTANC Table forthe Zona tony etree TIME OR PERIOD EMPLOYED | Desitance made | —Dasitance ring te trade afor ite ‘atempted sage—| — ailempte alge ofthe FacToRS EXECUTION 1 Nature of the offence 2. Elements constuing the felony: and 3 Manner of commiting the same, DETERMINING THE STAGE OF MANNER OF COMMITTING THE CRIME 1 Formal crimes: consummate in ons instant, no tempt ‘Asa tle, there can be no attempt ata formal crime because between the thought and the doed thee is ro chain of acts that ean be severed in any nk. An example would bo the sale of mariuana and ater Prohibited drugs punished under R.A 916. 2. Crimes consummated by mere attempt or proposal or by overtact Eg. fight to enemy's county (Mt. 124), Corruption of minors (Act 340) 4. Felony by omission ‘There can be no altered sage when the felony is by omission, becouse In hs Kind of felony the 10 no AANNDNAT9 acorn enanonrnragso0gnnan noDIAVIAAAD aQaa0 aneccanrecaoonnagoa0n00g0 ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW ‘fonder doesnot execute als. He amis pofonn fan act which the law requires him oe 44 Crimes requiring the intervention of two persons to.commit them are consummated by mere ‘agreement In he crime of compton of pubic oficer, the same ‘re consummated By mere agreement. The offer made by one ofthe pares to te other constlvies ‘tempted felony, the ofr rejected. ‘5, Material erimes: there are thee stages of execution FRUSTRATED V. ATTEMPTED V. IMPOSSIBLE CRIME ‘ATTEMPTED | —WPOSSIBL—] FRUSTRATED CRIME ‘EU SATIS oAaTdErTe Pat — omplished Tinton ofS ‘fenders possible of ‘annatbe accamptsemont, | acsompshed ‘| ‘and [what preventeats | ——lanerenay | ‘aecomptchmentis | impossite of ‘heinterenton of | sccomplshme cedaincause or | ntormeane acadentinwhich | employed by tne offender hadno | te offender's ar. Inadequate oF ines, NOTE: There is no stomped oF frustrated impossible E. CONSPIRACY AND PROPOSAL ‘Ar. 8. Conspiracy and propose to commit felony. = Gonspiracy and proposal to commit felony are punishable only in the cases in wihich-the law ‘specially provides a penalty therefor. ‘A conspiracy exists when two or more persons ‘come to an agreement concerning the ‘commission ofa felony and decide to commit. There fe proposal when the person who has decided to commit a felony proposes hs ‘execution to some other person or persons. Conspiacy and proposal to commit 2 ciime are only Preparatory acts, and the law regards them as innccent fat least permissive excopt in rare and exceptional ConsPIRAcY Eis when two or moze persons come to an agreement conesiming the commission of a felony and docde to Direct proofs not essential to establish conspiracy Conspiracy must be alleged inthe information in oder that an accusod may be held Fable forte acs of his c= cause, THRE () REQUIETES: ACO) “Two ar more parsons came to an Agreement 2, Tho operon pertane ot Gommiogen of felony ad 3. Tho execution ofthe felony was Recided upon. ‘There must be pertpation with a erminal resokon because simple knowledge thereof by a person may oly ‘make him ble as an accomplice, GENERAL RULE: Conspiracy and proposal to commit felony are not punishable EXCEPTION: They are punishable only Ia the cases ia which te law specially provides penalty thereto. [EXAMPLES OF THE EXCEPTION: 1. Treason: 2, Rebelo; Coup sett, Seaton Monopokes and trace Espionage; Highway robbery egal association (0.Selectad ects commited under he Comprehensive Dangerous Brig Act ‘V.argon: and 12° Terrarism under the Human Security Ac. combinations in esrant of "ATENEO CENTRAL ‘BAR OPERATIONS 2019 ‘CRIMINAL LAW ‘COMPARE CONSPIRACY ASA FELONY AND CONSPIRACY AS A MEANS OF INCURRING (CRIMINAL LIABILITY FELONY WANNER OF —] INCURRING CRIMINAL, [A UABILTY ‘Conspirtors Should not | Wthe conspirators commit ‘stualy commit eacon, | treason, thy willbe held rebolfion, ez, itbeing | lisle fr reason, and the | efciet tative ormare | "conspiracy which thoy persons agree and tofors commiting ecide to commit and | treason is only 2 manner ‘of ncuring criminal sabi, [Felony ratates toa cme” | Conetiacy enol tested ‘ctl commited." | a8 a separate oense but ‘used fodeterma the [abi ef the ofenders; and The aca ono the at af allot GENERAL RULE: When consrtacy as a manner of incuning ciminal fabiiy is. esabished, al who paricipate theron, respective ofthe quantity or quality ‘this parcipationsEable equally, whether conspiracy is pre-planned ar istorianeous EXCEPTION: Unless one or some of the conspcstre commited some other rime which ie not part of the intended erme, EXCEPTION TO THE EXCEPTION constitutes asingle ivi offense.” When the act DOCTRINE OF IMPLIED CONSPIRACY Whon the defendants by tei acts aimed at the same object. one performing one part.and the other performing anather part so as to complete i, wih @ view to the attainment of the same object and their acts, though apparently independent, weee In fact concerted and ‘eaoperatv,indeatng loseness of personal association, Conceried setlon and concurrence of sentiments, the ‘cous wil be justified in concluding that sald defendants ‘wore engaged in aconspiray. 41 ete cooperation by allolenders 2, Convbuting by posiive ais to the realization ofa ‘common enminl intent nd 3. Prosence during the cormmission ofthe crime by band and lening eral support thera, PROPOSAL TO COMMIT AFELONY When the person who has decd to commit felony proposes its execution to some other person or persons ‘Two @) REQUISITES: 4. Apetson has decided to commit felony; and 2. He proposes is execution to some oer person or persons. NOTE: There is no criminal proposal when: 1. The parson who proposes isnot detained to committe felony 2, There ine decided, conerete and formal proposal and 5, lig not the execution of the felony thats proposed E. CLASSIFICATION OF FELONIES (ACCORDING TO ‘GRAVITY) ‘Art. Whan light felonies are punishable,— Light {olonios are punishable whan they have been consummated, with the exception of those committed against persons or property. LIGHT FELONIES ace those infractions of law forthe commission of which the penalty of aesto menor or 8 ‘ne nol exceeding 40,000 pesos c Bath s provided LUaht felonies are punishable ony when they have Been coneummates. They produce such light, such Insigicant: meral_and maria inrios that pubic conscience Is sated wlth prowsing a lant penalty for thelr consummato, Light folonios are those Infraction of lew for the commission of which the penalty ofarresto menor or a fine net exceeding Forty thousand pesos (P40,000), orboth, is provided. EXCEPTION: Light felonies commited against persons or propery, re punishable even. afompied Or frustrated Rationale: The commission of felonies against persons or property presupposes inte fender moral depraviy ‘At. 9. Grave felonies, loss grave felonies, and light felonies. — Grave felonies are those to which ‘the law attaches the capital punishment or Penalties which in any of thelr periods are Bfitvo, in accordance with Article 25 of the Code. 12 99990999900 O° eoagocagnn ao acecaanaon0000n 9000 folene} CARACNKRS ane ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW {oss grave felonies arethose which the nw punishes wh ponalles wich in theie maximum ped ar coreciona, br accordance wih the above-mentioned arte. GRAVE FELONIES Punishable by rectsion perpotua, recusion tempera Betpetual or temporary absolute isqualiiation, perpetual or temporary special cisqualealon and prison LESS GRAVE FELONIES Punlshable by prsion correccional, aresio mayor, suspension and éestoro ‘GLASSIFICATION OF FELONIES ‘At. 10, Offenses not subject to the provisions of this Code. — Offensas which are or the future ‘may be punishable under special laws are not ‘subject othe provisions of this Code. This Code ‘hall be supplomentary to such laws, unless the latter should specially provide the contrary. MAIN IDEA: The provisions of the RPC. are supplementary to special laws. EXCEPTIONS: 1. Whore the special law provides omervise: and 2. Wher the,provisions of the REC ar possibe to appy, eter by express provision or by necessary impleation \When the spect aw adopts the penativs impose the RPC, tho provaine of the RPC on imposition of penalties based on stages of execution, degree of participation and allondance of miigaling and eggravaing creumsiance tay bo apps by necessary impleaton. H.MULTIPLE OFFENDERS Four Forms of Repetition: 4. Recidivism (Art 14, par. 8: 2, Reiteracion or habivaly (et. 18, par. 10} 3, Mulrcidvem or habla delinquency (At. 62, par, Shand 4, Quashcecivam (A 460), RECIOMISH ‘Areciivistis one who, tthe time of his ial for one crime, ‘hall have been previously convicted by tinal Judgment of ‘nether crime embraced in the same its cf the RPC, (Peopiev. Lagarto, GR. No. 65833, 1997) our (a Requistes: (PEC) “The affender is on ial for an oflense 2. owas ovo) comedy fl odgnent ot ‘another ere: 5. Both heft nd the eocond offenses are Embraced Inthe same tile ofthe Code; and 4, The offender's Convicted of he new ffense, “Atte time of his tral for ane erm" Whats contoling isthe tine oF tal, not the ime of he commission of the crime, [t is auifiert net the ‘seceneding offense bo commited arte commission of the procosing offense, provided tha the time of his Wal for the second offense, the accused had already been convited of the fret afonse Tia Is meant to ince everything tha is don inthe course ofthe Wal, rom araigament ntl ater sentence 'S announce by te judge in open cout, Pardon does not prevent a former canviction from belog considered as an aggravating circumstance, but amnesty ‘@aingushes the penalty ands eects. HABITUALITY (REITERACION) THREE @) REQUISITES: (TSC) 1. Te accusedis on Tal for an ofense; 2. Ho previously Served sontence fr ancthercfense to which the law attaches an ogual er greater penalty, ‘or for 2or more eres lo whien Kaches ight ‘eral than hat forthe new offense; and 3. Hee Gonvcie of he new offence MULTL-RECIDIVISM or HABITUAL DELINQUENCY ‘A person, within the period of 10 years fom the date of his last release or fast conviction ofthe crime of serious or lose sors prysieal injuries, robbery, thet, esata or faisteston te found gully of any of sd ces @ tid time often. In habitual delinquency, the offender tliher 2 racidvist ar one who nao been previously punished fortwo oF more offenses. Ho shall sutfer an ‘atonal penalty fo boing @ habit detinquont ‘THREE (3) REQUISITES: (CAC) 4. The ollensered been Gonvites of any of the cimes of serous orless seis physical inure, robbery, thf, estafa orfalsticaton 2. Aer thal conviction or after serving his sentence, ‘and within 10 yoars fom hist conviction or Feloase, ne wes Again convict of any of ea ‘mes forthe second time 2ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW 3. Aor tis condction of o ater senvica sont fr, the second offense, and within 10 years trom his st corwiton or last ease fo sid second ofense, he ‘was again Convicted of any sai crimes, the thi time ar ofener. QuAsiRECIDIVISM [Any porson who shall commit a felony after having been cornicted by fral judgment, before beginning 10 sane such sentence or while soning the same, shall be punished by tie maximum period of the penally prescribed by ta for he new felony. COMPARATIVE TABLES. HABITUAL DELINQUENCY V. RECIDIVISM ‘HABITUAL DELINGUENGY — RECIDIVISHA O9MNN99NIANONAANIAADDND “AS TO CRIMES CONTATTED The cies ae ‘The cies must be ‘specie. ‘embraced in the ‘Sarai ofthe ‘Gove, “AS TO THE PERIOD OF TINE THE CRIMES ‘ARE COMMITTED The ender found | — No poriod of tre gully ofany ofthe | between the former ‘times spediod onmicton andthe wihin 10 years tom | lst convictions ead His last release or ast ‘oylow. ‘AS TO THE NUMBER OF CRIMES ‘COMMITTED “The accused must | A second conviction B bo Toure guy the uliient thre tie often. ‘AS TO THEIR EFFECTS Thre nab rat oestby a elinueney, an rating additonal penalty | ckcumstance, serves Tsalsoimposed: | to increase te penalty ‘on tothe maximum. 4 CS Cc 6 o Cc Cc C Cc c ic © G c CcOog0gn00g000059 cCoOeGeSogoOagooonqggy)g oO Oroaon ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW REGION TWABITUALITY/ RETTERACION "inal udgment as bean rendered he {Wis naceasary tat he cand sal have ‘rtofonse. served out his sentence for heft ofense. “The ofenses musi be iluded inthe same | ~The previous and subsequent ofenses must tile of tha Code not be embraced inthe same tle ofthe Code Forays oan a a sogairG (Not away an aggravating crcumstance RECIDIVISHT WABITUALTYT ‘HABITUAL, “QUASI REITERACION. DELINQUENCY RECIDIVISHE AS TO CRIMES COMMITTED Cine Tivaler any cme. | The eres are spoctied | —_trvolves ary Involved must (Gerous oriese serous | crime (must be De embraced physical injuries, robbery, | pointed ot tat ‘nthe same ‘eft esta, oe feisfcaten), | "the second ‘He ofthe offence mut be ‘Code. ‘felony, wile the rest tlense. ‘need notbe)- AS TOTHE PERIOD OF TIME THE CRIMES ARE COMMITTEr ‘Gendaris on | —Oitend previously [Afr eanvicion and serving | Ovendorhas, ‘walforan | served sentence for | outhissontonce,offeeris | been conviced cofense andis | “anoteroffense | convicted again cfany aftre | ofan otense ‘subsequerily which the aw | Second cimos andthat ater | and commits ‘convetedof | ataches.an equator | “conviclon and serving out. | anoter felony the new crime, | greater penal o:for | his sentence forthe second | before or during {wo ormare crimes to |" ctme,ofenderagaln seneg ‘whieh staches ‘commited snd wae sentence. lighter penaty han | conwctod witin 10 years that forthe new from his ast eortonea of ‘fence. ‘comcon of any ofthe comes spected the tard ‘ime or ofener. ‘AS TO THEIR EFFECTS ‘Raeneris | A generic agoravaing Fa eareoraiay ‘Rapectl soaravatng ‘reuratance ‘gravating creumstance agoravsing ccreumstance, {imposes an adonal reumstanc pena. 6ATENEO CENTRAL ‘BAR OPERATIONS 209 CRIMINALLAW [LEONTINUOUS (GONTINUED OR CONTINUING) leis 2 single cre, consisting ofa series of acts but al arising fom one erminalresotaton. Although there i & seFes of acts, thee ison one crime commie REQUISITES: (W-UP-UO) 1 Mlipiity of act: 2. Unity of rminal Burpose or intent and 3. Unty of evminal QMlense vilsted A comtnued crime Is nota complex cre, because the ‘fender in contrued or continous erme does not perior a single act, but seras of aco, and one offense Tenota necessary means fr commiting the other. || COMPLEX CRIMES V. SPECIAL COMPLEX ‘CRIMES PLURALITY OF GRIMES conssis in the suecossie ‘execution, by the some Indudual, of aferent criminal {22fs, upon any of which no conviction hes yet been Goclared, I hore is conviction by fal Judgment and he ‘mes fal under tne some ile ofthe RPC, tis recvem, 1. eal or material plurality -Diferont crimes nt, a wel a inthe conscience ofthe offence. the ttfonder sha be punished foreach and every ‘offense that he commited. 2. Formal or ideal plurality -Only one erimina ability: (@) When the offender commits any ofthe came erimasin Ail 48 (0) When te ow special eas a singe penalty fortwo ormore offenses commited (Special Complex Grimes); and (©) Wen the ofender commits contnuous crimes. [Ar 8. Penalty for complex crimes. — When a'single fact constitutes two or more grave oF Tess gfave felonies, or when an offense is a necessary moans for ‘commiting the other, the penalty forthe most serious ‘rime shall be Imposed, the same to be applied in its ‘maximum period ‘This artile requires the commission of st loast 2 crimes, Butte 2 or mere grave oles grave felonies must be reeult ofa singe act, or an oflerse must bo a necessary ‘moans for commiting the oer. They canlitle erty one cme inthe eyes ofthe aw because the offendor has only ‘one criminal intent, hence, there Is only one penalty imposed PENALTY “The panally for complex camo is be penalty forthe mast serious erm, the same to Bo applied in Ms maximum patod. diferent crimes resuting fom one single act are punished withthe same penalty, the penaly for any one of thom shal be imposed, the same to be appedin tho maumum period. Whee Iwo felonies conetlting 2 Complex cre are punishable by prisonment and te, respectively, only the penalty of imprisonment should be impose. KINDS OF COMPLEX CRIMES: 1. COMPOUND CRIME: When a single act constiuies or mere grave orless grave fears, REQUISITES: '2. Oriya single actis performed byte offender; and 1b. The sing at produces: i Two or mere grave felonies or Ti One or more grave and one more less ‘grave felonies; ot Ii, Two oF mor less grave felonies. Light eons produced by the same act shouldbe treated and punished as separate offenses or may be absorbed bye grave felony. ‘necessary means fr commiting the ather. ‘THREE (3) REQUISITES: (TNP) + Atleast Two offenses are commie + One or some ofthe otfonses must be Necessary to commit the oer, Necessary means 4 not ‘equivalent io indispensable means + Both oral ofthe offenses must be + Bunished under the same statute When theres no complex crime: 2, In case of conte erm When one offence ls commit ‘cones the othr © When the cher crime is an indispensable pat or an olamen afte ober offenses. 1d. Where one of he olensesis penalized 2 special lowe and 2. When the provision provides for a twe- tered penalty, eg. Usurpation of property (Nt. 312) Maleious procurement of @ search warant (At 29), bribery (At. 210, pr. 1) SPECIAL COMPLEX CRIMES are those which ore ested by low as single icv offenses altough comprising more tian one specie cxime and with spect penalty 16 99990 5 eoagc0o00anng09g0nnn7n aeccnnanaeo eo999090 ODOD9DO9N9N9NDAD: oogn0 oo ogo MOOR CROCOON ATENEO CENTRAL BAR OPERATIONS 2048 CRIMINAL LAW EXAMPLES: 1. Rape with homicide: Note: Homicide must ahways be consummated, ctherwiso, they are separate offenses. The rape may ‘thor be consummated oe atlemptes 2, Kidnapping wth homie: 3. Kicnapping wih rape: 4 Note: Diflerent fom abduction wis rape, wherein there Is lewd design 5. Robbery with homicide; Note: Adora homie ‘ot aggravating Fey wih rps; Note: Addtional ape nt aggravating FRbbery with arson; and Arson with homicide. Crimes involved cannot be legally complexed: 1. Matoiousobtainment or abusive service of search warant (At. 128) wiper. 2. Bribery (A 210) wah nity in he custody or prisoners ‘3. Matteatment of piscners (At. 235) wi serious physical inuris: and 4 Usurpation of rea ahs (At. 912) th sovious pyaar END OF TOPIC w(CRIMINAL LAW ATENEO CENTRAL BAR OPERATIONS 2070 ‘COMPARATIVE TABLES [MATERIAL PLURALITY V. CONTINUED CRIME REAL OR WATERIAL PLURALITY ‘CONTINUED CRINE Thre & a sores of acts parermed by the ‘lender ‘Theva sores acs pevomed by he ‘sfonde: sah acl parforned by he ofendar consitites a separate crime, because each ‘cls generated by a criminal impulse. “The diferent acts consis only ore cme because al ofthe acts performed aise rom ‘one criminal esoiton. ORDINARY COMPLEX GRIME V. SPECIAL COMPLEX/ COMPOSITE CRIME ‘ORDINARY COMPLEX CRIME ‘SPECIAL COMPLEX CRIME OR ‘COMPOSITE CRIME AS To THEIR CONCEPT ig ade up of wo ar mare ares boing bunished in distinct provisions ofthe Revised Penal Code but allege in one information ceiver because thy were Brought about By 2 "Sngle act producing two or mere grave or less grave felonies o because one afferse i ‘a ncwescary means fr caren We oe (fence or offenses, Tis mada up of two ormore Ges, which are considered enly 2s camponents ofa single indivisble ofense bang punished n one ‘rovsion of the Revised Penal Code, as PENALTY Panay forte maa srous cme sal be Timposed andin its maximum period. Tis he ponally speciealy provideTor a special complex cima thet chal be applied ‘ecoraing tothe rules on imposition of he erally. ‘Examples of Complex Crimes Covered by Article 48 ‘Examples of Special Complax Crimes 1 Dee aul wis ‘2. Homicide; Murder, (6 Serious Physical Injuries or Less ‘Serious Physical Iris; or 4, tumvits and ener dsturbonces; 2. Esta th falefeaton of pubke document ‘3. Mahersation tu flication; 4. Discharge of firearm wih SPl or SPI: 5. Grave heats with ntenonal tortion 6. Homicide with uniesendoral aborton; 7. Paricde ‘wth barton 1 Quatted Pracy/ Guaiied many, 2. Robbery wie ‘2, Serious Physical Injuras (SPI: vic of SPI should ot be the robber: tharwise, ey ate separatecimess, "Note: under the 4h act, violence need ‘notresutin SP only Bat the violence ‘be unnecessary forthe commission ofthe come: b.Homiise: intent to. take personal propery must precede the sing 18 ONNAAADDNANAAD Cc Cc G ° Co e 6 Cc G °C Cc C ic Cc Cc c Cc c Cc cAOTC AAHOCOAOMDIAGCONODNINNCINDIIANINANAANAAAD ATENEO CENTRAL {BAR OPERATIONS 2019, CRIMINAL LAW ‘rientonalunintenional £8, Ferble abduction wth rape ~ there ae multiple rapes, only one wil be complexed With forcible abaucton, andthe rest shall be considrod separate mas; and 8, Simple section by means of usurpaton of funclons. ‘iorwse, wo separate crimes of homicicelmurderparfige and thet are commited. The aw does pt requrethat the vtim of robbery i ls he victim oF homicica 6. Rape: infant to gain must also precade rape, This does no cover robbery with silerpted rape, internal” Mutlaton: Castration or mayer, (©. Arson: rbbery should procade arson. ‘And no rape, “homicide, SPL," oF Intentional “"mavicton should be ‘commited or lee, 23, Rape with homicide (lg, alternpted and ‘rustted rape wih homicide}: homiede must be by reason ef or on accasin ofraper 4, Rope wit) serous. egal detention or ‘napping wit rape = there's an attempted ‘apo, fsnall be considered se 2 separate ‘ime, Regardaes of the number of rapes, there is ony one eres 5. Kccnapping wth 2 Moder ', Homicide (ake note of spect intent Regardless ofthe numberof ities files ther sone ere ony of speci! ‘omer exme of kdnapaing with Iromicie or murder, 3 the ease may bejand 6. Serious Physical injuries. 18ATENEO CENTRAL ‘BAR OPERATIONS 2019 CRIMINAL LAW TH. CIRCUMSTANCES WHICH AFFECT CRIMINAL ABILITY. ‘Circumstances Which Affect Criminal Liability Definitons ‘at 11 Jstlveg Creumstances ‘A 12: Exempling Creurstances ‘Agaravating Creumstances ‘Aternave Creumstances ‘Absolutory Cause Bee Basie: 1 The law recognizes the nonexistence of crime by xpc0ss provision; and 2. Lac of ermal intent, ‘A.DEFINTIONS IMPUTABILITY RESPONSIBILTY Danton the | Dataions he] ualy by which an obligation of act may bo suring he ascribed oa consequences of person a is cies. the author er over. implies thatthe act | the penal and ci commitedinas | consequences of the been freely ane cre. consciously done ‘and may, therefore, be put own tothe doer shi very own, bigation of taking impos tata dood ‘aperson Tplios ale eonsequence of| ‘sch 9 doe GUILT an element of responsi. fora man cannot be made to answer fo the consequences of acre unless hei guy, BLART. 11: JUSTIFYING CIRCUMSTANCES 1. GENERAL CONCEPTS JUSTIFYING CIRCUMSTANCES are those where the act ‘ofa person i said tobe in accordance thw, 0 that uch person fs deemed nota have transgressed the lw andi ree from both erminal and il abity, There is no ‘ime and ther i no ein ‘Theres also noch ability, except in par. 4 of Arce 1. Burden of Proof leis incumbent upon the accused to prove the jstiving circumstances claimed by him to the satstaction ofthe AaN00 a00n9090 @00n0000 ecnan0co 5 a0 aaao eelelekeleekenorimenonenolenoneketelekelekelelelelela! ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW 7 SELPDERENSE PARA Rights Included in Selt-Detense: 4. Defense of person 2. Datense of igh protected bylaw 43. Datense of property: and 4. Datense of cast, ‘SelF-dotens includes not onty the defense ofthe parson tbody of the ene assaulted but aso tet of his gs, those rights the enjoyment of whichis protected by law. “Aside fom the right to Me on which ests the logtimate Getonse of our person, we have the right to property acquired by us, andthe night to honor which Is not the least prized of man's patrmeny” (Reyes cing t Vide, The Revieod Penal Case Book 1, 172,173, Sedition) The right to nono Hence, slp onthe faces consieres fs unlawful aggression sinoe the face represents 2 porson and his dgniy. (Ragas V. People GR No 4147769, 204) Reasons wiy penal law makes sol- dofense lawful 1. tis based on that impulse of selt-preservaion bom toman and part of his nature as a human being 2, Classicit: grounded on the impossily on the past ofthe Sate o avoid a present unjst aggresson and protect aperson unawfully attacked 3, Positiviste: an exercise ofa night an ac of socal Justice done to repel he attack of an aggression ELEMENTS: (URP) 1. Uniawt Aggression Indispensable requirement; (@) Actul physical assault or aggression or an Inmectata and imminent toa seguro (©) Threatoned assaut ofan immediate kind must be offensive and positively strong showing the swongiu intent to eause injury. ane (6) The dafenss must nave been mage dung the existence of aggression, atberise, tis no longer jstiyng 2. essonable necessity ofthe means employod to provont o repeit Test of reasonableness: ‘2. Nature and quality of the weapen used by goressor b. Physical condilon, character, size and other ‘oreumtances of aggressor, © Physical condiion, character, size and cercumstances of person defending himsel, Place and occaslon of essa NOTE: Pesoct equally between the weapons used oF ‘material commensuraby botwaen the means of attack ‘nd defense by the ane defending heel and that ofthe aggressor is not roquvod because the vim does not have suficlent opporunty and wanqully of mind to think and eacuate which weapon to use, The law merely requires rational equivalence; era 3. Lack of suficient Brovocation onthe pat of he pereon defencing hime! FIRST ELEMENT: Unlawful aggression 1. Kinds of Aggression 2. Lawl tllment of duty or the exercise of gh unless puble ofcer exceeds. Ne fuheriy: end ». Unlowta. 2, 1tis equivalent to assault or atleast threatened assault of an immediate and imminent nature. 3. There must bean actual physical assault upon a person, ora least a threat oii real injury. 4, The teat must be offensive and positively, strong, showing the wrongful intent to cause an Injury 'a. Actual: the danger must be present, hat i, stun extent of , Iiminent: the danger fon th polnt of happening. It is not requved that the stack already begins, for may be too ite 6. Peril o.0n0's Limb "2 Includes peta the safety of one's eorson fom physical injures. RETALIATION SELF-DEFENSE ‘Te aggression at was begun bythe injured party aboady coaced fo ons when the accused stacked tim, NOT seltietense or justiying ecamstanes “The wggression was sii existing when he aggrossor was ojo or esablos by ‘ha person making ‘etense. NOTES: UNLAWFUL AGGRESSION ‘+The allack made by the deceased and the kiling of the deceased by defendant should succeed each ‘ther without appreciable interval of ine.ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW [" Roawed must have no time nor oocasion for ‘alberaton and coat thinking ‘+ Timust come from the person atacked by the socusod, 1+ There is no unlawtl aggression when thore was an ‘agreement ght unless aggression occured before the stipulated te and place Inte agreement + When the aggressor flees, unlawul aggression ceases io oxi + More belie of an impending attack i ot sufiint. +n relation to ‘risiake of feo’ the bela of the sceuted may be considered in determining the ‘xstence of unlaulaggression. Eg use of a repics ‘un provided te accused believe o be 2 real gun. + Incase of a treat, t must be ofenive and strong, postvely showing tn wrongful intant to cause injury. Nis present ony when the one attacked faces rel and immediate threat o one's if. (Poop v. erga, GR No. 177783, 2019) How to Determine the Unlawful Aggressor: In the absence of direct evidence to determine who provoked the confit, thas been held that shall be prosumed that, the nature ofthe order of thas, the Beteon who was deoply offended by the insult was the ofthe perpetrator of that nel andthe one who struck ‘he feat blow when he wae not sali wih the explanation offered (United Stes v. Laure, Gi. Mo L 7037, 1912) KINDS OF SELF-DEFENSE: (CPLD) 1. Selhetense of Ghastity— There must be an atompt torape the viet, 2, Defense of Broperty - Must be couple with an ‘attack on th person ofthe owner, orn one ‘entrusted wn euch property ‘tack on property alone was deemed suffisient 10 ‘comply with element of unlawful aggression. (Paap ve Nawez, GR. Mo. (-39468-87, 1983) 3, Selfdefense in Libel Justified when the Helis Aamed ata person's good nar, 4. Defense of Dignity and of person Sip onthe face wich places person's egy n real dango. ‘Broa v,Sabio, GA. No1-25734, 1967) Stand ground when inthe right” = The law does not require a person to retreat when his assailant is rapaly ‘advancing upon him witha deadly weapon “SECOND ELEMENT: Reasonable necessity of the ‘means employed to prevent or repel it ‘The reasonabloness of ether or Bath such necessty epends on the existence of uniawfl aggression and ‘pon the nature and acento the aggression, Two eloments of necessity: necessity forthe course of action and necessity ofthe means employed 1. Nevessiy ofthe course of action taken the necessity ofthe corse of scion taken depends onthe existence of una aggression. 2, Necessty ofthe means uso the means employes bythe person making a defense mist be rationally nacassary to prevent a epel an nial ‘gression ‘2. ln repeling or preventing an unlafl aggression, the ane defending mus iy atfis ssselant, and not indecrminatly fe his dezcly weapon. The peaoe offer, inthe performance of is duty. ropasonts the aw which ho ‘must upheld, While hela on sal ‘efense allows a private inva to proven’ o repel on aggression, the uly fa peace acer requres hi to overcome his opponent. A pale offcer [snot requited to afford a person ‘attacking him, the oppartunty fra tle ‘nd ual strogge In determining reasonable means, some factors aro tobe considered such as: 1. Prasence of imminent danger 2. Emergency to which the person defending himoatt has bean exposed i: 3. Nature and quality ofthe weapon used by the accused compared tothe weapon ofthe aggression; Inmpotled by te instne of se preservation an Size andlor physical character ofthe aggressor. Perfect equality teen the weapons usedby tho ‘one de'encing and that ofthe aggressor fa not required. Rational Equivatence e enough NOTE: The fst two requisites thus far explained are common to selletense, defense of 2 restive, and Lack of sufficint provocation on tho part of the person defending himselt 1 The one defending himself must not have given cause forthe aggression by his unustcondito by ‘noting or provoking the assailant 2. Cases in which third requate consdered present 209090909090 ancrac0omoaan0nog00000 anaaeCcoc CDODDD0D9DIANDNDINIAAD COCANCOCOCONNNOOD oO ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW = No provocation at all was gven to the ‘sqgresor by the person defending himsel ‘+ When, event provocation was given, twas notsuielent: and ‘+ When, even ifthe provocation was sufcen {want gen by the person dofending imeett. 8. The exercise of aright cannot gve rise to sutcent provocation 4. The provocation must b suficint, which means that lt hous be proportionate tothe act of aggression and adequate to stir the aggressor tots ‘commission. (People v-Alcenga, GA No. L162, 1947) NOTE: Battered Woman Syndrome asa dofense: R.A, 9262: AntiVolence Against Women and Thole Children Act of 2004 March 8, 2004: ‘See 26: Victim-aurvivors|who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any ofthe loments for justifying circumstances of self {efense under the Revised Penal Code. altered woman - one who is repeatedly subjected to any faretul patel or psychologial behavior by 2 man inorder to perce he todo something he wants her to co witnout coneam for he rights Indudes wives or women in any fort of iti reladonship wit men "Must go through battering cycle atleast twice 5 DEFENSE OF RELATIVES (PAR. 2) 3 ELEMENTS: 4. Unlawtul aggression indispensable requirement Uniawtul aggression need not exist asa matter of ac. tt can be madi to depena upan the honest bebo ofthe one making defense, as when two sons atarked the ici inthe bot tat the latter unlawfully altacke thei fther sho was Iving on the flor when they arvod. (United States v Esmodi, Gi. No, L-5749, 1910) 2. Reasonable necessity ofthe means employed to prevent or repel it "© Seedscussion under pa 4 2. Incase the provocation was given by the person attacked, the one making the defense had no part Insuch provocation; "The dause, in case the provecalon was given by the person attacked," used in satin the third recuse does not mean tal the relaive ‘defended “should give provocation to the aggressor. merely slates an evert ‘ich may or may not ake place ‘Thor i stl logitmate defense of reatve even i the ‘relative being defended has given provocation, revised ‘hat te one defending such relive has no pat inthe provooaton, Relative entitled tothe Defense: (SADAC) 4. Spouse 2. Ascendant 3. Descendants; 4. Legitimate, natural or adopted brothers and sisters, ‘or felatves by affinity inthe same degrees; and Rolatwes by Afi: ceated by martoge lew, 5. Relatives by Gonsanguiiy win the 4h iv ares, ‘+ Relatives by consanguinity blood relatwes NOTE: The relative defended may be the original ggresscr. Tojusiy the act ofthe relative defending, he ‘must not take part in such provocation, Base: Humanitalan sentiment and upon the impulse of blood which impels men o nish, on the occasion of goat peti, to the rescue of tase dose to them by Hes of biooe, 4, DEFENSE OF STRANGER (PAR. 3) 3 ELEMENTS: 4. Unlawful aggression (indispensable requirement): 2. Reasonable necessity ofthe means employed to provent or repo it and 43. Person defending be not induced by revenge, santment or other evil mative. The defense of @ stranger must be actuated by dsitorested or gonerous motive. [strangers ay person not included inthe enumeration cof roiaves mentones in paragraph 2 Basis: What one may doin his defense, another may do forhim. 5, AVOIDANCE OF GREATER EVIL OR INJURY (STATE OF NECESSITY) [PAR. 4]ATENEO CENTRAL {BAR OPERATIONS 2010 CRIMINAL LAW ELEMENTS: (EF) 1. Eyl sought oe avoided actually exes; ‘+ Evil ha is merely expected or anticipated or ‘may happen inte utr a not autisent 2. nlury foared be groter than that done to vei and ‘+ Greater ell should not be brought abou! by ‘the rnogigance arimpredence of he actor, + Greater evil mus not rest tom a vekation of tow bythe seer '3_ No ther Bacto ond lees harm means of preventing In cases fang within subeivision 4 of Arle 11, the persone for whose benef the harm has been prevented, ‘Shallbe cil fable in roparionta the beneitanicn they may have received (Mt 107). NOTE: Only instance inthis arc where thers isch labilty onthe pat of he secured Tre necessity must nat be dve tothe negligence or Violation of any law by the acto. 6. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE (PAR. 5} ELEMENTS: 1 Acsused acted inthe performance of dy orin the tl exercise of right or offes, and 2. Injury caused or ofense commited is ho necessary consequence ofthe due performance ofthe duty, oF the owrul exercise of such ight or ofc. NoTEs: ‘+ The accused must prove that ho was_ duly ppoiniad to the. postion leimed "he was Glischarging atthe ime ofthe commission ofthe oftense + The deceased was under the obligation to surrender, and had no right, after evading service Gf his sentence, to” commit assault and Aiscbedience wth @ weapan in his hand, which ‘ompellod the policeman resort i such enter means, which, although it proved tobe fatal, was Justified bythe eroumstanees. (People v. Dima, GR. No. 18660, 1922) Wt is not necessary thal there be unlawful aggression ‘against the person charged wih the protecton of the Dopey. If there le unlawul aggression against the person charged with the protection ofthe property, then paragraph 1 of Art. 11 appils, being a datonse a ight to propery. DOCTRINE OF SELF-HELP - The owner oF lawful possessor ofa thing has the vito exchide ary parson from the enjoyment and dsposal thoreot. For tis purpose, he may use Such force as may be reasonably necessary to repel or prevent an actual or threatened Uuntawfl physical invasion or usurpation of his propary oo0nggnnanaaAN NaANnKTACAOMOCAAgd00N0N0 noace99000NAN9N9N9N909990 ronnnannananaa0on Oo ATENEO CENTRAL {BAR OPERATIONS 2019 ORIMINAL LAW. [OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE (PAR. 6) ELEMENTS: (OLL) 1. An Order hasbeen isued by @ super 2. Tho-ordor has @ Lawl pupose and not patently egal ane 8. Means used by subordinate to cary out sald order is Low NoTEs: +The superior oer giving the order cannot invoke this sting creumstance, + Good faith fs materia a the subordinate fs not late fr canyng out an legal order if he i not aware of is legal and he is no negligent General rule: Subordinate cannot invoke this dreumsianee when order is panty og, Exception: When there is compulsion of an iesistble {oreo or under impulse of uncertrolable fer. BART. 12, EXEMPTING CIRCUMSTANCES ‘TEaINDIA) 4. GENERAL CONCEPTS: EXEMPTING CIRCUMSTANCES (ron-imputtilty) are those grounds fr exemption from purishmant ue to absence of any contions inthe agent of the crime ‘wich males the ct volitay or negligent Tectricaly, one who acts by vue of ary exempting Ccroamstance commits a rma, athough by the compete Absence of any ofthe condiins which constitu Fae wil or volntarness of the ac. no cximina ably aie (Guevara) ‘There is, therefore rime, but no ermina Basis: Thore is complete absonce of volntarines (\. inaligence freedom of acton, or intr), ar absence of naglgence onthe par ofthe accuse. Tho burden of proof to prove the existence of an cexompiing ckcumstance lee within the defense “JUSTIFYING V.EXEMPTING CIRCUMSTANCE WHONHAT i's Rata wrongful but aeoris not abe | EXISTENCE | —Wone | You but shes OF ACRIME ‘olitarinese Is absent me Table LIABILITY | Ne wine, no | Therese eiminal.no | cme, no | Sexminal” | efit no | Aabity, ‘rina fa No cu itty 7 iyinav. | Rally ¥@ (sate of | EXCEPT as necessity) | ton. 1244) ny by ‘sccident] and awl L causalATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘ZIMBECILITY OR INSANITY (PAR) IMBECILITY exists when 2 person, whi of advanced age, has @ menial development comparable to that of Chiron botween 2 and 7 years od. An imbecile iso ‘who it deprived completly ef reason or iscamment and ‘teedom of te wil atthe Une of canning the crime. He '§ exempt in al cases trom criminal kil. INSANITY exists wen there fs complete deprivation of Intligence or reason er wthout the least discemment or vith total deprivation of free wil This does not include mere abnormality of the mental facies. The Insane is ‘ot so exempt i can be shown that he acted dng & (uci interval Ite necessary that there be 2 complete deprivation of intligence wile commiting tho act that is, that the owed be deprived of reason that he acts without he least aiscemment; or ha thare be 9 total dopiation of freedom ofthe wil. (People v Formiganes, GR. No.L: 3246, 1950) ‘The defense must prove that the accused was insane at the time of the commission of the erime, becouse the bresumplion ie alvaye in favor of sanity. (Peon ¥. Bascas, GR No. 19605, 1922) Basis: Complete absence of Inteligence, an element of voluntarnes. oy Cag Peat corte ra Prag ig ‘Ate time ofthe commission of the felony Exempt rom criminal habit Darng wal” | Recused’s ciminaly "Note: 1 only diminishes the exerse of his il ower, its not an exempting reumstonce bt 8 fniligating creumstance. Table, but avalos ‘suspended ntl the mental capaci ofthe ‘sone be restora "o afford him afar tak and accused Is ‘commited toa hospi ‘Ahr jdgmaniar | Exacatan of ‘wa serving Iegment is sentence suspended, the aooused commited 0 a hospital. The period of confinement inthe hospitals counted forthe purpose of the prescription of ‘he penal. ‘Tho evidence of insanity must refer to the time preceding the act under the proseccton er tothe very ‘momento is execution. ‘Tests of insanity 1. Cognition: complote doprvation of intligence in commiting te crime; an 2. Volo: total deprivation of freedom of wil ‘Scope of the term “insanity” + Dementia praccoy esse homicialinpuse: + Sehzopiveni:etvonte mental cisader chacacterzed by inably to dinguishbetwoon fanzasy ane realty and ten secompaniod by hallucinations and catusions; ‘+ Koptomania enly if produces an iesistble impulse to steal 2s when the accused has boon deprived of his wil which would enabie him to prevent hime frm doing this at + Epilopsy: chron nervous disease characterized by fis, occuring at iterate, atlonded by ‘conclusive motions of the muscles and loss of + Feoblemindedness: not exempting: + Pedophits: not insanity + Amnesia: nt proof of mental canton of o000000nn090000 ooo aocaceo99000 ODN000090NID anonnnnnnaoanaoc ATENEO CENTRAL [BAR OPERATIONS 2078 CCRIMINALLAW >Other causes of ack of ligences + Commiting 8 cme while in a ream (People ¥ TTaneo, GR. No. L-37673, 1983) + Somambutism or sleepwaking (People Gimens, GR No. 1-39877, 1931), and + Conmiting 2 chime while suffering trom rmatgnant malaria, (People v-Lacena, GF No. L- 46961, 1940) 3. MINORITY (PAR. 2 AND 3) Basis: Complete absence ofineligence Burden of Proof: Any person alleging the age of the cis in confit wih he law has the burdan of proving the 298 ofthe chil, I 0g@ ls contested PRIOR to the fing of the infomation la cour, 2 cas for determination of age under summary proceeding may be fles before the Family Court when shall render ts decision win 24 houre from. reosipt of pleadings Par: A person under nine years of age “+ Modified by Section 6 of RA 9544 to FIFTEEN Par 3: A porson-over-nine-yeuts-of-age and-undor fiteon,-uniose-he_hae acted with-discomment-in \whiehreose, such minor shale proceeded against in ‘ecordance with the provisions of Amite 60 of this code ‘= Aegation of "wi nin oki in the dnfrmation 'ssufelent allegation of iscomment. ‘+ Section § of RA 9344 modid his to: a person (OVER 15 ABOVE and UNDER 18 unoss he has ‘ted wit dsoornment + Section 38 of RA9344: Automatic Suspension fof Sentence, = Once the child who ie under fighoon (18) yoars of ago at the timo of the Commission ofthe offense ie found gully ofthe Ooftense charge, he court shall determine and tsscartin any chil Bablity which may have Instead of pronouncing the judgment of Conviction, the court shal place the child in Confit with the law under suspended Sentence, without need. of application Provided, however, Thal suspension of sentence ‘shal stl be applied even i te juvenile already ihsen years (18) of age or rove at he time of the pronouncement of heer gut. Upon suspension of sentence and afer cansiderng the various okoumstances of the il, the cout shal impose the appropiate ‘spostion measure as providedin the Supreme ‘Cour Rule on Juveniles in Conte wth te Law, (RA 9944, Sec. 28). RESPONSIBILITY, ROE OF ‘years and ‘ABSOLUTE below (infancy) IRRESPONSIBILL but pow 15 v and Delow under RA $348 ‘AGE OF Baween Sand ‘CONDITIONAL ‘1B years butnow RESPONSIBILIT between 15-18 Y under RA S344 KEES Teor ver FULL (adolescence) RESPONSIGILIT 1070 ¢matuniy) Y REF Serene —] RESPONSIBILIT offender acting Y with discorrment RA 9344, 15 0° ‘over bulls than 18; over 70 years of age EXEMPTING provisions under RA 9244: Juvenile Justice and Welfare Act of 2006 SEG. 57 Status Offenses. - Ary conduct nt considered {an offense or nat paralized if commit by an ad shall not be coneidered an offense and shall not be punished if commited bya ei 'SEC.58. Offenses Not Applicable fo Childran: Persons below eighteen (18) years of age shall be exempt fom prosecution or 1 The cme of vagrancy and prestiution under Section 202 othe Revised Penal Code, + Mendcancy under Presidental Decree No. 1563, Sniffing of rugby under Presidental Docree No. 161, such prosecution being. Inconsistent with the United Nations Convention on the Rights oftheATENEO CENTRAL BAR OPERATIONS 2019 (CRIMINAL LAW Child: Provided, That sad persans shall_undergo appropriate counseling and trestment program. 4, ACCIDENT WITHOUT FAULT OR INTENTION OF ‘CAUSING IT (PAR. 4) Aczidentis an ocesrence that happens outside the sway four wil ane although it comes about through some act of our vil, t les boyond the bounds of humanity foreoseatie consequences. ELEMENTS: 1. persons performing lawl at 2. win due care ‘3, Ho causes an Ijury to another by mere accident and 4, Without fault orintention of causing ACCIDENT V. NEGLIGENCE ‘ACCIDENT ‘An avant which undar he ‘Sreumstance fs unueual ‘Sr unexpecte bythe to ‘whem it hoppers NEGUGENCE fo observe that agree ofeare provauton and vigiance: tihich the eveumstances [hat densa wihout Sulers inj. Basis: Lack of nogigonce and intent. Under this circumstance, 3 person does not commit either an intentonal felony or culpable felony. When claim of accident not appreciated 1. Ropeatod blows: and 2. Threatering words precoding it and stil ering the gun a he prosiate body a the vim. S.IRRESISTIBLE FORCE (PAR) Inresistibie force means that he offender uses volence of physical force to compel anaer parson to commit 8 ELEMENTS: (PIT) 4. The compulsions by means of Physical fore: 2. The physical force must be tresste; anc 3, The physical foe must come fom a Tha person. Passion and obfuscation cannot amount to iresistble fore, Basis: Complete absence of freedom ‘The force mst bo so Weslo aso reduce the actor ta‘a mere Instrument who acts ot only witout wil ut against his wil. The compulsion must be of such a character a8 fo leave no opportunity tothe socused for escape of sel-defense in equal combat. (People v. Lorene, GR Wa, L-544%4, 1984) 6, UNCONTROLLABLE FEAR (PAR. 6) UNCONTROLLABLE FEAR means that the offender employs intimidation or treatin compeling another to comm a crime. ‘The compulsion is by means of Insimidation or treat, ot ere or clones, ELEMENTS: 1. The treat which causes the fears ofan evil greater than, ora last quel to, that which he equited 16 ‘commit; and 2. Itpromises an eui of such gravity and inminence that an ordinary man would 2, have svecumbed tei REQUISITES: 4 Existence ofan unconvolable fear; 2. The ear must be real and imminent: and 23. The fear ofan injury is greater nan or at east equal to hat commited Basis: Complete absence of feodom, an clement of voluntariness. An act dane by me against my wile not my act. Duress to be a valid defense should be based on rea lnminent orreasonabl fear for ane's Meo i. snould net be inspired by speculative, fancul or remote far. A treat of tuture injury is notencugh The accused must nothave opportunity for escape or set. defense, IRRESISTIBLE FORCE. UNCONTROLLABLE FEAR IRRESISTIBLE UNCONTROLLABLE FEAR, Vielen or pysieal ore to compel another parson fo commit [he otenceramerans |] Intisation or tweat in competing another to commis ere, 7. PREVENTED BY AN INSUPERABLE CAUSE (PAR. a olekene COCO TNNONOO ooc0o0q0g000000nnn9 oOCODOPDDDONDDGDIDINNIDAINIAINDD a0 ananannan ATENEO CENTRAL ‘BAR OPERATIONS 2019 CRIMINAL LAW INSUPERABLE CAUSE le come moive, which has lawful, morally or physical prevented person to do ‘atthe aw commands, ELEMENTS: (RFL) 1. Anactis Require by law io be done; 2. ‘person Eas to perform such act nd 3, His fare to perform such act was due to some LLawrut or insuporatle cause. Basis: Accosed acts without intent. te third condon of ‘volutariness in intentional felony. Examples: 1. Apiiest cannot be compelled to reves what was. ‘confosaed to him, 2, An offs isnot abla for abirary detention for fare te deliver a prisoner to judicial authonty when bere was na avaible ranspevtalon. (C.ART.19 MITIGATING CIRCUMSTANCES. 1. GENERAL CONCEPTS MITIGATING CIRCUMSTANCES are those hich, if [resent inthe commission ofthe eve, do not entirely ftee the actor trom crinat Sabi, but serve only to REDUCE the penaty Basis: Diminuton of ether freedom of action, inteligence, orien, oF on the lesser pervert of the ofender [A mitigating cicumstance sing from a singla fact absorbs all the other mibgatng circumstances. eising from that same fa. COMPARE ORDINARY V. PRIVILEGED MITIGATING CIRCUMSTANCES ORDINARY PRIVILEGED Those erumerted | par. +f ace 19, pas. 10 ‘ele 98,69, = Note: Now 16 and over unt! 18 under RA 9344 Pars. and2are | nore arinaly pevloged igang satin nde Are 8808 | reunion ihouk amended by RA. fe, | Srometancns wt witadtaees | ss Susceptible of beng ‘offset by any ooravatng ceroumelans and Cannat be ost by ‘egravating cerumetanees and a | ‘ageravating creumstance, produces ony the effet of apaiving the penal provided by law fr tne cme ints ‘mim pao, cose of divisble penal Produces the eect of Imposing upon the fender the ponaky lower by one or dogrogs tan vat Provided by law forthe 2, INCOMPLETE JUSTIFYING OR EXEMPTING GIRCUMSTANCES PAR. 3) Circumstances of Justification or Exemption which may give Pace to Mitigation: 4 Sale-dotense: Defense of Svangers; State of Necessiy Performance of Duty Obedience to Orear of Superior Minorly over 9 and under 15 year of Ago? ‘Causing injury by mere Accident and UUneonirolsle Fear. EXCEPTIONS: Arico 12, pars. 1 and 2 cannot give place to migation, because the mental canton ofa person i Indhisible; thre is no mile ground between santy and insanly, between presence and absence of inaligonce. (Dees, of Sup. Ct of Spain of December 19, 1904 and of October 3, 1836) This mitigating ctcumstance applies when not al the requisites aro present. I majoy ofthe reqisitos are present 89 prvloged miigotng creumstanes, NoTEs:ATENEO CENTRAL BAR OPERATIONS 2019 J Trearploe settdetonse, defense of relives, and otense of stenger unlawful aggression must be present (a) Won oftnerequstes mentoned ace prasan it should be considares as a pivleged migaing ‘reumsance refered tain At. 6. + Incomplete lustiving croumstarce of avoidance of (gator evi a inuy any ofthe ast 2 requis fe absent, here is only «mitigating ccumstance + Incomplete jstiving circumstance of performance of duty: tere 18 no ordinary miigsting cicumstance under 13, par. 1, when the justyng or exemping ‘Srcumsianes has 2 requistes ony. + Incomplete exempting Grumstances of acident {@)if the requisites of (1) ve care, nd (2) without fault are absent, the case wil al under Article 385, 3. OVER 15 AND UNDER 18, IF THERE IS DISCERNMENT OR OVER 70 YEARS OLD (PAR. 2) ‘+ OFiginal provision which provides that offender uncer 18's ented to a migating creumsiance ‘of minor is deemed repealed by RA 9344 ‘+ Ago of accused ie determined by his age atthe ato of carmssion of cme, not date of tal + That the otender ie ever 70 yaars of age e only 2 gener mgating reumstance. Basis: Diminution of inligence, 2 condition of LEGAL EFFECTS OF VARIOUS AGES OF THE OFFENDER “Sand below | Bxempied rom penal respensibsty ‘Above 75 baton Waibout lcerment: ‘xometing With isonement: penalty is reduced by one (3) gree Tower ian that imposed ‘Minor delinquent | Sentence lunder18 years ofage | suepended ‘who acted with ‘discemment ‘Over 18 years and Fal eiminal below 70 responsity To years or over Taitgeing. no Impostion of death pnaly I leady Impose, exeeutan CRIMINAL LAW 4,NO INTENTION TO COMMIT SO GRAVE A WRONG (PAR.3) Basis: Intent, an element of vluntariness in intentional felony, is imiishe. Not applicable to felonies where intention is immaterial Appice only t offenses resulting in physical ies or rater arm. In cmos against persons who do not de as a result of the assault the essence ofthe intent to kl reduces the felony to more physical ins, butt does not consti a miigating circumstance under Art 13, pr. 3 (Poop Galaegas, CA, 640.6. 1207) Recognizing the malum prohttum characterise of hazing, the law provides that any paraon charged wih tho sad cima shall not be eniled to the miigatng Creumstance that there was intention to commit 50 ‘rave a wrong. (People v. Tolntne, GN, 20866, 2018) Rule for the application: This cicumstence can be {taken ino sccount ony when the fects proven show that there isa notable and evident disproportion betwven the means employed to execute the criminal act and fo consequences. (United States ¥. Reyes, 26 Phi 904 807) Factors that can be considered are 1 Wieapon used, 2 ejury inti, 3. Part tne body injuced: and 4. Mindset of offender atthe time of commission of NorEs: + event, beg in an itera stat, must be judged by ‘external act, ‘+ Not applicable whenthe offender employed trute force. + isthe intention of the ottender at the moment when he is commiting the crime which Is considered, ‘+ Appreciated in murder qualifed by circumstances bhasoe on manne of commission, not onthe state of mind of the accused. + Not appreciated in murder qualtied by treachery. + Notappcsbe to felonies by negligence, onng90n090000 omnago00qggaq0g00 a0o00o ao ecec99 AA99090 a9n90 AOCOACTAOCDCONVNOGVDDONVNOD ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW S/PROVOGATION OR THREAT (PAR.4) PROVOCATION is any unjust or improper conductor act of the offended party, capable of exciting, inciing or iting anyone REQUISITES: PROVOCATION ‘INDICATION ade Grady only |The grave oenae tothe person may be commited commiting the 30 against he felons coftenders relatives mentioned by tho ‘aw The case hat brought about the provocaton need not bea grave ‘fens The ofened pany ret have done ‘rave offense | The wecator at] the grave offense ‘may be proximate, ‘abich adits of an interval of tne between the grave fence done by the (fended party and | “Wie resessany hat | the provocation or ‘heeat immediately proceded te act ‘ere temo itera ‘of time between the Provocation nd the commission of the ier and the commission of the crime bythe ‘aocused and Tis ware ape Cancomns the ageinttheone | honor ofa person, ving he ‘an offanse which 's provocation more wochyof| ‘trea consideration than mote spite against the one giving the provocation ‘Provocation must be sufilant (@) Suilant means adequate to exe person to Commit the wrong and must accordingly bo Droporionate tos gravy (6) Depends on ‘The act constituting the provocaton: * Socal stanaing ofthe person provoked: and ‘Place and the time when the provocation is 2, Mtmustofiglnste fm the offended pany; and bythe person whois provoked, (@) Threat must mmediataly precede the ‘SUFFICIENT SUFFICIENT (PROVOCATION. | provocarioN AS OF INCOMPLETE Fadler ciReUMSTANGES ELA DEFENSE Potainstoits | __Forain xs steoncs ontepat | presanoe ont por ciiveeren | lihecifended defending halt omy ‘Threat should not be offensive and pestvely strong, ‘nerwse, would be an uniawtul aggression which may ‘he rise to selfdetense and thus no longer mitigating ‘Basie: Diminutlon of ntatigence and intent 6. VINDICATION OF GRAVE OFFENSE (PAR. 5) REQUISITES: 1. grave ofense cone tothe one commiting the felony, is spouse, ascendant, dscondant, Jogitmato, natura or adopid brobor or sisters or relatives by any wibin the same degroe; and 2, Felony is commited In lnmediate vncation of uch grave offense, NoTEs: + “lnnmediate" allows fora lapse of ime, 2s long as the offender iss suering trom the meniat agony brought about bythe eense to him + “Grave ofense" includes any act Pats offensive to the offender or his elatves anc the same need nat be nla + Tho grave offense must be th proximate cause or proximate tothe act ofthe offender. + Vindication sineompatibte wih passion or cbtusetion, +The provocation shoul be propotonate to the damage caused by he act and adequate to sir one to ts commisson. + Court must consider he following to determina the ‘gay of the offense in vingicatons ‘© Social sanding ofthe person © Place: and Time when the insult was made, COMPARE PROVOCATION ¥. VINDICATIONATENEO CENTRAL ‘BAR OPERATIONS 2018 CRIMINAL LAW ‘Basis: Dirinoon of ho condone of volntarness, 7. PASSION OR OBFUSCATION (PAR. 6) Basis: The offender who acts wth passion or obfuscation sues a diminuion of his ireligence andintent. REQUISITES: 1. The accused acted upon an impulse; and 2, Theimpuise mist be vo powerfa het naturally produces passion or abuses inf, Rule forthe application of this paragraph: Passion or otuscation. may constitute @ mitigating orcurstance only when the same arose tom lawful sentiments wen NoT MITIGATING MITIGATING ‘essed aded | els commited wa Upon impulse; | spit lawlosences Rae commniioain | spite revenge, Se 1. There be an 2c, both unlawful and eutclent to produce such a condition of ming and 2, Said actihich produced the obfuscation was nat far removed rom the eammiszon ofthe cme by 2 Considerable long oftime, during which the Peepetratr might recover his nocralequanimay, Notes: + Exercise of 2 ight orultiment of duy i not proper source of passion or obfuscation, + Thoact must be sufficient to produce such & condition of ind ‘+ Tho dtonso must prove thatthe act which produced the passion or abtuscation took pace at me not, {ar removed rom the commission othe crime, + Tocris commited must be the recut of sedcen Impulse ofratural and uncontrollable uy. ‘+The cause producing passion or ebtuscation must come fam the ollerded poy ‘+ ttmay lawyers fam causes existing onlin the honest ble ofthe offender, ‘+118 compatible with lak of intention to commit 92 grave @ wrong. '+ Passion or obfuscation dows nt aris if acts actustod by spit of lawlecsness, jealousy, and revenge + tncorpatbie with {@) Vinaicaton of grave offense: (b) Treachery. and (6) Evident prema COMPARE PASSION/OBFUSCATION V. PROVOCATION 990900900000 oo OO000T000 ooo o0 coccnacn090900000 90000 fnVTB9Q0000009 COTA oO ATENEO CENTRAL BAR OPERATIONS 2038 Passion PROVOCATION 1OBFUSCATION Tames fom he Injured party [Soest ‘fender and produces by an impulse wrich may tbe caused by provocation, “Tha cine whch | —Wuatimmadatay engenders precede the erurbation afmind | commission ofthe ‘ed not be ‘cine; immediate: is only required thatthe influence therect lasts | ‘nll th moment the ‘ime i commited, Tn bath he efectos ol veason contolos th pat oF he endo and T obfuscation and provosaton reso For ‘one and the soma ac, both sal be ested ‘2s only one miigaing eveurstance CRIMINAL LAW COMPARE PASSIONOBFUSCATION V. IRRESISTIBLE FORCE Poo IRRESISTIBLE Coa ‘A mbgating fn oxomptng eeumstarse creole, To piyaealavce, | Reques psi hence, cannot give ‘ore | eetoaniresstble | i fore “BRETT | — rele ss come roma | ene I |ATENEO CENTRAL [BAR OPERATIONS 2019 CRIMINAL LAW {8 SURRENDER AND CONFESSION OF GUILT (PAR.?) Basis: Lesser pervrsiy of te offender. ‘TWO MITIGATING CIRCUMSTANCES: 4. Voluntary surrender oa person author or his gents; ena 2, Voluntary confession of gut tore the court prior to the preseotaon of eddence forth prosecuten, NOTE: When both are present, they should have the fact of mitigating as ‘wo independent circumstances, (People v. Fontabla 6. R No. 49726, 1025) REQUISITES OF VOLUNTARY SURRENDER: 4. Thecoffender had not been actually arrested 2, The effender surrenders himself a person in authority orto the laters agent, PERSON IN AUTHORITY s one directly vested with Jurieicton, i... @ public offcer who has the power ‘govern and execute the aws whether as anindvidual ff as @ member of some court or governmental ‘corporation, board or commission: tio, by det provsan af the law, or by election or by appointment by competent authority, is charged vith the maintenance of public order and the protection and security of life and property and fry person who comes to the aid of persons in auborty, ané 9. The surender wos volun. ltrs be spontaneous in such a manner thatit ‘Shows the inlrest ofthe aoaused to surrender “nconaitonally the authorities, ether because ho ecknonledges hs guitar Because he wishes {0 save them the Wouble and. expences ‘ecessarlyncured nis boarch ard capture Nores: ‘+ 1s pot miigating when defendant was infact. arrested “+ Wen the warrant of areat had not been served ot ‘ot retumed unserved because the accused cannot be located, the curenderismiigaig, “+The law does not eure thatthe suender be prior tothe order of ares. “+ Surrender of waapons cannat ‘voluntary surrender equated with > Volusary surerder doesnot simpy mean non. fight tis net requed that accused did nt escape cor went int niin, ‘+ Tho surrendor must be by roason ofthe commission ofthe ctme for wich delendon is prosecuted, + Intention o surender, witout actualy surrendering, isnot mtgating + Theres spontaneity even the surrenders indeed by fear of retaliation by the vices relatives, + When te offeror imposed a contin or acted with ‘extemal simul, his surrender a not voluntary. REQUISITES OF VOLUNTARY PLEA OF GUILTY: 1. The ofender spontaneously confessed his gui 2. Te confession of guilt was made in open cout, that Is, befor the competent court that st ry the case: 3. The confession of guilt was made prior othe presentation of evidence forte prosecuton Notes: + Plea must be made betere wal begins and at he Fest instance or riginel sat, not during al de nove or when on appl. + Plea made ater araigament and ater ta has begin donot ene eae temitating + accused pled nt gui, even f dung iraigient, he oil o sigating ereumstance ‘8 long ashe withdraws his plea Of ot gully tothe ‘charge before the isal cos present nie evidence. ‘©The change of pies should be made athe frst opportniy. © Reonetonal plea of gully is nota mitigating ereumstarce. + Plea to lesser charge snot a igang Circumstance because the plea of gl was notte the offense charged. ‘+ Plea tote ofense charged in the amended Information lesser than that charged inthe eiginal information is @ mitigating creumstance. 1+ Where the accused ploads quit to.a capital offense, that court shall conduct a searching Inquiry into the volrtarness an ful comprehension of the consequences of his plea and shal equ the prosecution to prove his guilt and he precse degree of eupabity + Plea of guiy isnot migating in culpable felonies and in efimes punishable by special ews, 9. PHYSICAL DEFECT OF OFFENDER (PAR. 8) onn00000000NR90900"0" NOO00 ceocanagcno0oOn90909000 a0 ic oC ic Cc CG oO oO oe 6 c G canned o0 noo ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Basie: Iompleto feedom of action, an dlomont of voluntrinss, duet physical defect, which resicts one's means of ection, defense, or communication with one's felow beings Notes: + This 1s applicable when the offender is deat and paricularermes to. Ignominy in eimes agains chastty or rely and troschoryn ees ogainat personel Includes paragraphs 3 (except dweling).15,56.7 and": ‘Those al change the nature ofthe cre (ve slovoia or evident remediation ualfes the kiling of person to murder) ‘Arle 248) cenumerstas he ‘valving engraving reumstances ch (ually the lng of 2 petson io murder, “Thoso tat must oF necessity accompany the ‘Sommission of the ers (tele 62. paragraph 2; Evident premedtation is Inherent in rosbery, the, estate, acuity and concubine ‘GUALIFYINN c THHERENT aeenaongnaonnon7n0ag007T00090009N9D9999"0°"9000 CODnNnoOg00nNNIDDANDNAAD ° reaonnonna ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW ‘RULES ON AGGRAVATING CIRCUMSTANCES: 1. Aagravaing circumstances shall NOT be appreciated i (@) Thoy cone law, (0) 108 incites bythe awn dosing a crime ane prescribing the penalty therefor. (At. 62, pa. 1) 4o.a cima especialy punizable by Example: “That the cme be commited by means of ‘ke, explosion” (Art. 14, par. 12) lin sl @ come Of arson (An. 821) oF @ cme Invohing destruction (art 320, 2, Isha also NOT be appreciated ifany aggravating Cireurstance is inherent inte cme o such a ‘qr that it must ef necessity accompany the tommigson tare. (et. 62, par 2) 3, Aggravaling croumstances which ase: (@) From the morlatibutes of te offender (©) From his pvat relations withthe offended pany (6) Fromany personal cause 1 sal en sane o agra tabi fhe pencipals, accomplices and accessories thom such ereumetances ae ettendr 62, par 3); -Agoravating croumstances which consist {@) Inthe matorl execution of he act. (@) Inthe means employed to accomplish + shall ony serve to aggravate he labity of those who had knowlage of them a the tie of ‘the execution ofthe act thee cooperation thorn. (et. 62, par 4) Aggravaingcreumstanes,regordess oft kins shouldbe special alleged inthe information AND Droved as fly as the ome Isl n order to increase ‘he'penaly (Seo. 8, Rule 170, 2000 Rules of Canina Procedure: and 6. Wnen here fs more than one qualifying aggravating circumstance present one of them willbe ‘precited a8 qualving aggravating we the ‘thes willbe considered as generic aggravating, ta 2, ADVANTAGE BE TAKEN BY THE OFFENDER OF His PUBLIC POSITION (PAR. 4) Basis: Greater perversiy ofthe offender as shown bythe porsonal circumstances ofthe ofendor snd also by the means used to secure the commission of he cre, NoTES: + Applicable oly when the offender Is. @ publ fee ho takes advantage of is publle positon + The public offoer must use the influence, prestige of ascendancy which-his offes gives him as the means by whieh he realizes his purpose. + Tis not aggravating if accused could ha perpovated the cime without occupying pubic poston. + eis inherent inthe case of accessories under At 18, par. 3, and the crimes committed by puble officers + RA, 7659 provides that crimes commited by @ public ofcor wil b given the peraly prescribed St iis maximum, rogoreoss of the nature and swumnbe of miigating Creumstances. 3. THE CRIME BE COMMITTED IN CONTEMPT OF OR WITH INSULT To THE PUBLIC AUTHORITIES (PAR. 2) Basis: Greater powers ofthe offender as shown by his lack of respec forth pubic autores. FOUR (4) REQUISITES: (ENKC) 1. "The pubic author is Engaged in the exercise ot his funeons; 2. ‘Such pubic authority is Het he person against whom 3. The offender iGnows him tobe 2 puble author ad 4. Hs presence has not prevented the offender trom Goring te ena act. [A PUBLIC AUTHORITY, sometimes called a person ia autheriy, is public ofcer who is lec vested with Jurisdiction and has the power to govern and execute the awe ANAGENT OF A PERSON IN AUTHORITY Is any person who, by tee provision of aw oy election or by Eppainiment by competant authority, fs charged with the maintenance of pualic order and the protection and Soouty oie and propery. Notes: + Teachers of professors of 2 pubic or recognized private school aed layers ae pot “pable autorty” ihn te contemplation af this paragraph + Ar. 14, par-2 doesnot apply whan the crime ‘ecomnitadin the prosence of an agent ony. +i the crime ie commited against 9 pubic suhony he he isin the performance of hie afidel dy, the ofender commis. otect fassauitwihout this aggravating croumstance, + Knowledge thata public authority is presents essential Lack of nowiolge onthe prtot heATENEO CENTRAL, SAR OPERATIONS 2019 CRIMINALLAW cffender thet @ pubic authoriy l= present 3. The condton ofbong a woman is Hdlepancablen indeates lack of ntention to insu the publ sutheny, 3. THE ACT BE COMMITTED (PAR. 3) 2. Withinsult or in disregard of the respect due the ‘offended party on the acount of his rank, age, oF sex, or '. Inthe dwelling of the offended party, i the latter has not given provocation. Basis: Gretorperversiy ofthe offender, ss shown bythe personal croumstances of tha offended party and the piace ofthe commission af the crm RANK is he designation or tite of ditnction used to the relative positon ofthe oflonded pary in referance to others ‘+ Thare must bee ference inthe social eondlon of he offender andthe offended party. + Pro! of fa! of disregard and deliberate inten to Insult requires AGE may ofr to ld age orthe tender age of he vim, ‘Tho circumstance of lack of respect due to 296 ape ices whee ne vi ol nde age + Delberat into io ofan or incu required, + Disregard of eld age not aggravating in robbery ‘with homie. ‘SEX reer fo the female Sox, nal othe male sox. * Disregard of 9s not aggravating inthe absence of evidence that the accused deloeratly intended to offend or nai the sex ofthe vei or snowed manos disrespect to her womanhood. Notes: ‘+The 4 eicumstances can be considered single or together ial the fur cvcumstances are present they “have the weight of one aggravating ‘croumstance only 4+ Disregard of rank, ago, r sex may be taken into account only in ees agens! persons or honer. ‘+ Thore must be evidence that nthe commisson of the ime, the socused deliberately intanded to offend or insu tho sex or age af the offended pay. ‘wen not applicable: 4. Offender acted wih passion and obtuscation 2. Thor existe a relationship batveon the offended pary an the ofencer and DWELLING must be @ bullng or stuctue exclusively sed for ret and earfon a combination of house ang store fsnatincludes + Includes dependencos, the foot ofthe staircase ‘and enclosure under the house, + Te requires thatthe erime be wholy or patly be Committed therein on any integral pat here ‘+ Dweling dos rot mean the permanent residence or domicie of tho offended party or tat he must the owner theroot. He may be actually ving terein even for 2 temporary duration oF as 8 vest + is not necessary thatthe accused should have Actually entered the dweling of the Vic: fs fnough thatthe vicim was attacked insce his house although the assailant may have devised ‘means toporpetrate the assault fom without + Evon ifthe teleg took place outside the aveting, itis aggravating provided thet the commission of the ere vas bagun in the dating + Dwaling Is not included Inthe qualving cekcumstance of weschery ‘Bases for aggravating circumstance of dwelling: ‘+The abuse of confidence which the offended party reposed inthe fender by opering the door to ‘+ Tho volton of the sanctity of the home by wespassing therein with lence oe against he wl cof he onner. NoTEs: + Offended party must not sve provocation. + Mocning of provocation in the aggravating cireumsanee: {© Given by the over ofthe dueling: ©. Sulfelont and {Immediate othe commision of he time. © Note: I af these conditons are presen, the fat thatthe exes commie nh Sweling ofthe ofended party is NOT on aggravating citcumstance (0. Rationale: When its the offonded party who has provoked the Incident, he loses his ight to the respect and consideration ‘i nim nis own howe, + There must be 0 dose relation between provecation and commission of ime In the ‘wel, Dwelling fs not aggravating in the following cases: ROCHO9N90000NNIIIAAADA cocaeaonanconne neeercnanne O° ATENEO CENTRAL CRIMINAL LAW 7 General Ruler Wen both the offender and the sffended party are ocsupais oft same house + Exception: In case of adultery in the conjugal wong, the same is aggravating, However, the paremotr also dwells inthe conjugal dveling the ‘pplesble aggravating circumstance Is abuse of eontconce. + Gonoral Rule: When robbery is commit by the luce’ of force upon things, @aeling is not 299ravating because ts inerent + Exception: Dveling e aggravating robbery wth Violence against or imidaton of persons because this class of robbery can be commited without the’ necessity of espassing of the offended pars house, + Inthe cime of espass o ducing, tis inherent or included by law in defining the crime + When he owner ofthe ewaing gave suficient and immediate peovocation + The vet is nota dweler ofthe house, 5, THE ACT BE COMMITTED WITH ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS (PAR. 4) Dasis: Greater perversity ofthe offender, as shown bythe ‘means and nays employed. ‘Tere are 2 aggravating ereumstances present under ar. 4, which must be Independently appreciated if present inthe same cas. ‘Abuse of confidence requires. 9 specie! confides! relationship betwoon the ofender and the vit, while tists not required for there o be obvious unratetuiess. THREE (3) REQUISITES OF ABUSE OF CONFIDENCE: ar) 4. That the offended party had Trusted the offender 2. That he ofender Abused sich rust by commiting = crime against the offended party: and 8, That the abuse of confidence Eacitated the commission ofthe ere, Notes: + The confidence between the offender and the offended party must be immediate and personal ‘© Abuse of caniidonco is Inhorent in talversaton, qualified thet esta by Conversion misappropriation, and ‘ualfed soducton. > fis notamore bovayal of wus since he ofended party must be the one who actualy reposed Ns onfidence inthe offendr. THREE (3) REQUISITES OF —oBvIOUS. LUNGRATEFULNESS: (TAU) 1. That the ofended party has Zusted the offender, 2. Thatthe offender Abused such rust by commiting 2 cme again! the olended party: and 3. That he act be commited wit obvious Ungrattuness. NOTE: The ungrateuinss contomplated by par. 4 must be such clear and manfostingratue on the pat of te accused 6. THE CRIME BE COMMITTED (PAR. 5) 1 nthe palace ofthe Chie Executive, of 2. Innis presence, or 3, Where puble authoties ae engaged inthe dscharge of ther dues, or 4. Ina place dedestd o religious wore. Basis: Greater perversity ofthe offender, a shown bythe place of the commission ofthe crime, which must be ‘respected NoTEs: ‘Actual performances of duesis not necessary when crime is commited in the palace orin the presence of the Chick Executive. Requistes regarding Public Authorities: 1. Grime occured inthe pubic offee: and 2. Pub autores ao actually performing thar public ‘ots, Requlsltes regarding Place Dedicated to Religious Worship: (OED) 4. The ore occured in a place Dedicated tothe worship of God regardless of religion 2. Thecfender mist have Becied to commit the crime wher he entered ho placa of worship 3. The lace must be Exclusively deciles to pubic religous worship: private chapels are nat included: 4, Thore must be intotin to Desecrate the place dedicated to publ raigious worship. Notes: ‘+ Except forthe tid which rquies tht oficial funedons are being partermed a tho time of the commission ofthe eime, the other places are aggravating pe se eveni no ofl duesATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW or sci of relgiows worship are being conducted there + Gemeteces are not considered as place dosieated to worst. + Ofendar must nave ‘tenon to commit a ime when he entered the pace [PARE WHERE PAR 2: PUBLIC. CONTEMPT oR AUTHORITIES INSULT TO ARE ENGAGED IN PUBLIC ‘THE DISCHARGE, AUTHORME, SOF THEIR OUTIES Public athorles aren the parormance sf ther dues laze where public dy ie parformed | Tisther otter ana] Sumas ar ——] ‘hal ofc; ne ‘Offended Party Mayor may nore ‘he publ couthorty. able aay should not be the ‘offendes pany, tho erme | merely commited Ins presence. ‘7.THE CRIME BE COMMITTED (PAR. 6): (NUE) ELEMENTS: 1. nthe Migntime, or 2 Iman Upinhabited place, or 3. By dang, whenever such circumstance may ‘ealtate the commission of the ofanee. Basis: Tine and place of he commission ofthe. crime ane means and ways omployed. When tse 3 cicumstances are present in the same ‘ate snd thir elements can subslt inependent, they Shall Be considered separately. I's nt applicable when the miigating croumstance of passion or obluscation or sufcent provocation is present in the commission of he When Nighttime, Uninhabited place or Band is sggravating! 41 Whan i facltated the commission ofthe crime 2, Whon especialy soughfarby the offend to eure the commsion ofthe ime or forthe purpose of impunity or 3. Wien th ofonder took advantage threo! forte purpose of impunity. NIGHTTIME (obscurded) is tat pevlod of darkness beginning atte end af dusk and ending at dan, ‘Commision of the crim must begin ond be ‘sccomlished in the nightie, 1+ When the place ofthe ema itunes by Fah, rightie fe not aggravating ‘+ Nightime is not especialy sought for whan the oben to commit the camo was conceived oF Shorly Batore commission oe when crime ae commited at righ upen a casual encounter. + Adare statement that crime was commited at night's inutfcent. The Inormaten mus lege That nightie was sought for or taken advantage fof halt acted he cre, + Circumstance of ntumity, although nt specially Sought fer, shall egarovate criminal Tatty ‘elated ine commission ofthe offense of the fender ook sdvaniage of the sama to commit the crime General Rule: Nightima is sbsorbed in roachoy. Excoptlon: Whore bom he vescnerous mace of atiack ‘and noctumily were dalberately deeded upon in the ‘seme case, they can be considerad separately if such ‘reumstances have diferent factual bases, UNINHABITED PLAGE (sespablado} is one where tare arena houses atl or apace ate considerable distance from town, whore the houses are Scatred al a grat ‘istanes tom each aher. + Sltue must've sought to beter atsin the criminal Purpose an easy” and. uninterupled fcomplishment or insure concealment. ‘+ Wat shouldbe considered is whether nthe place ofthe commeson of tho offanee, there wae 8 roasonabie possibly ofthe vin receiving some fee [BAND (on cuadhl refrs toa stuation where there are more than 3 armed malefecors that shall have actec together in he commission of an offense, + Thore must be 4 oF more armed men. +The armed porsons contemplates musts be brincpais by direct paripation who acted together In the execution of the acts ‘consttfing te crime; nti case, conspiracy Is presumed IF dno of the foursred malefactors fa 2 principal by indusemant they do not form 3 ban because he had no diet patepston. N9900 990 eccaonanno9OAI909000 ooa0 ao ATENEO CENTRAL BAR OPERATIONS 2018 CRIMINAL LAW + “By a band fe ggravatng n cmos again property or against persons orin the cine of legal detention or veason but does rot apply i crimes. against chatty. (Reyes, Book ting People v Corpus, CA. 43 0.6, 2289) + This is inherent in brigandoge. {hi is absorbed in the creumstance of sbuse of superior stengih and uso of froarms, EXCEPT when the firearm has no license ot there flack of lense to carry the Sire, “= Whan the stmad men met up casually with ‘thers, anda ere was therester commie, it cannot be considered as. 2n aggravating ‘sromstanee 8. THE GRIME BE COMMITTED ON THE OCCASION OF A. CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE (PAR. 7). Basis: Time ofthe commission of the crime. Reason forthe aggravation: Debased orm ofciminaly ‘met in one whe, inthe midst of @ great clay, nstood lending id to the aficied, adds to ther suring by taking advaniage of ther misfortune to deepol tem. REQUISITES: 4. The aime was commited when there was a calamity ‘ormistorune sila o cnagration, shipwreck, ‘earthquake or epidemic; ard 2, Tha offender took advantage ofthe state of confusion or chao canton ftom such misfortune. Notes: ‘+ Thin will not aly ifthe offender was provoke by the offended pary dug he calamiyinitorone +The offender st take advantage ofthe ealarty 8, THE CRIME BE COMMITTED WITH THE AID OF (aR. 9): 44 Armed men, oF 2, Persons who insure or afford impunity. Basis: Means and ways of commiting the erie, REQUISITES: 43. That armed men or persons took partin the commission ofthe cima, dvecty or nrcty, and 1. That the accused avalod hire of the aida relied ‘pon them wen the cme was commits Rule for the application of the circumstance: The ‘canal presence of armad men near the place ere the “aie was commited doos nok constute an aggravating tcumstance when it appears that tne accused didnot val other or rely upon them to comma the cme. Notes: 1+ This aggravating creumstance requres thatthe armed men are aocomplices wo take pat in 8 Tir capacy rector increcy, and not when They were merely present atthe crime scene. + there are four aed men, id of armed men is absorbed In employment of 8 band. It thore are three srmad men ot less, sid of med men may be tho aggravating crcumstance. + shall not be consiceree when both the attacking party and the party stacked were equally armed. + Itis not present when the accused as wll as those who ‘cooperated with him the commission of the crime acted under the tome plan and or the same purpose + Meze moral or psychological aid or reliance is Sufficent to ‘constivie thie aggravating ‘reumstance COMPARE BY A BAND V. WITH THE AID PAR BY A Reqares mare Aiieaat | Shan ovee fred malefactors, ‘sto Action Mare than ves | — Presantavanit ‘ormed ‘one af he raictactors shat | offenders merely have acted talied on thai ‘stl aids not necessary. togater inthe commission af an fens: ar si | a =| eal ES pincoes | _scomptc 410. THE ACCUSED IS A RECIDIVIST (PAR. 8) Basis: Greater pavers ofthe offender, as shown by his incinaton to comesATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW IX RECIDIVIST i one who at ha time of hie wal for one fens, shal have been previously convicted by sna Judgment of another crime embracedin the same ile of the RPC, ‘Arecivictis ented tothe benefits of he Inceterinate Sentance Law butis disqualified rom avaing ced of hie Preventive imprisonment FOUR (4) REQUISITES: (TPSC) 1. That the ofendoris on Talo an fone 2. That he was Previously convicted by fn! judgment of angthe eno 8. Tha boh the frst and he second ofa are embraced inte Same ile ofthe Code; ana 4. That te offender's Gonicted ofthe new oflense “At the time of his tral for one crime” ‘+ Ii employed in ts goneral sens, including the rendering of te judgment tis meant to incluse ‘eventing hat e done nthe eouree of the tal, from anaignment unt ater sentence ls anncunced By the judge in open co ‘+ Tis sufficlnt thatthe succeesing offense be ‘commatie aor th commission ofthe preceding fence provided thal a the time of his tal forthe Second fens, the accused had already been convicted ofthe fst offense + Amnesty extinguishes tre penalty ands affects + Pardon does not ebiterate the fet that the ‘accused isa racist. Thus, een fhe accused ‘ras grantag a pardon forthe fat offense but he Commits nether felony embraced inthe same tile fof the Code, the ft conviction is sil court to ‘make him arecivist + Boing an ordinary aggravating cteumetance, recidviem affects anly the periods of a penal, EXCEPT in prostton (rt. 202) and gambing (PD 1602) wherein recicvism Increases. the onaiies by degrees. No. other generic ‘agvaling ckeumstancs prodvces this foc. + oth offensas were commited on the eae da they shall be considered as only one, hence, they ‘cannot be separately courtd in eder to constiute reeds. Judgments of conviction handed down ‘on the same day shall be considered as only ene (© Rationale: Because the RPC requires that tobe ‘consdered ‘as separate Corwin, athe tme of hi al Yor one Sime the’ accused shall have been previously convcied by fal judgment of the other, >To prove recidvem, i fs necessary to allege the ‘seme In the information and to attach thereto @ certs copy ofthe sentence rendered against the socused. “+ Recivgm must be taken into account no matter how many years have intervened belwean the fst And second felonies 41. THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED: (PAR. 10) 1. For an offense to which the law attaches an equal or greater penalty or 2. For two or more crimes to which it attaches a lighter penalty. Basis: Groat porversity ofthe ofender as shown by his inainaton to ces, REQUISITES OF REITERACION OR HABITUALITY 4 That he acoused i on tal for an offense 2. Tate prevously sorved sentence for anther Coflense to wnich hela attaches an 2. Equa or 1. Greater pony; or ©. Fortwo or more crimes fo which Rtataches alge peray shan tat for the new 3, That hos convicted ofthe new offense ‘+ Quasizecicvsm cannot at the same tine constitute rearacion since the former exists before accused bogins to serve sentence o wie serving the same while the later exists afer accused has duly served sentence, hence this Sgaravating crcumstance cannot apy toa quae + the same sot of fats constiutes recdvm and reiteracion, the lbity of the accused should be 2agravated by recidivism, which can eadlly be ‘+The court must exercise ts dsereton in appiving this aggravating icumstance against. the accused FORIS OF REPETITION RECIOVISH Genet | sagravating reumstane (Par. 9°80. 14) NIIANNAANDO O° ° PODBOODADO oo neeneansnoCO090DNAANIOAND ATENEO CENTRAL CRIMINAL LAW REITERACION Genere ‘OR aggravating aerruaury roumeiane ea.10, = “an i) MOCTTRECIBIVISN | —Extraorénary (OR HABITUAL ‘gravating DELINQUENCY creumsiance (Pars, an 62) ‘QUASTRECIONISH ‘Spas aorrotng (an 160) 412, THE CRIME BE COMMITTED IN CONSIDERATION OF APRICE, REWARD OR PROMISE (PAR. 11) Bass: Greater porveraiy ofthe offender, as shown by he ‘motivating power sal. REQUISITES: {one who offers (b) The principal by drect participation (acct 2. The price ewer, cr promise shouldbe previous to and in conidoration ofthe commission of tho mina NoTes: ‘+The circumstance is applicable to both principals. affects the person who received the price 7 reward as well as the person who gave fas 2 ‘ualiing cicumstance, if appleable (es. murder + yithout rovous pam, twas given voluntary aller the crime had. been ‘commited ae an expression of his appreciation forthe sympslhy and ad shown by the oer aozzsed, ft should nat be taken into consideration for the pupose of increasing the penaty ‘+ The pric, reward or promise need not consist of material things oc need nat be aes delivered, boing sufclnt thatthe offer made be accepted Bofore the commiasion of he offense + The inducoment must be the _ primary consideration forthe commsslon ofthe crime 12. THE CRIME BE COMMITTED BY MEANS OF: (PAR. 2 1. trundation; 2 Fre; 53. Polson; 4 Explosion; 5 Stranding ofavessel or damage thersto; 6, Derailment ofa locomotive; and 7. By the use of any other artifice involving great waste and run Intentional Basis: Means and ways employed NOTES: "+The circumstances under this paragraph wil ony be considered ws aggravating when they are used by the offender a5 8 means 10 accomplish a criminal purpose, + When another aggravating —_croumstance ‘steady qualties the crme, any of these ‘2ggrvating Grcumsiances shal be considered 3s ‘generic aggravating ccumstance only. + Inundation refers to use of water or causing the rater to ood in the commission of the offence, + When tere is no actual design to il person in burning a house, tis plain arson even i's person Is iflod. Hd thre bean an ntnt to ll the crime ‘Commie s murder, qualified by the crcurstancs thal the crime was commited by means offre. + Fite, expasion, and derailment of locomotive may be part of te defniion ofa particular rime such 5 ateon, crime invlving destucton, ad damages" and. obstucion to means of ‘communicaton: in these eases, they do not serve COMPARE BY MEANS OF INUNDATION, FIRE, ETC V. ON OCCASION OF CONFLAGRATION, SHIPWRECK PAR. 12: BY PAR.7: ON THE MEANS OF OCCASION OF A INUNDATION, _CONFLAGRATION, FIRE,ETC.' SHIPWRECK, ETC. The aime & The aime commited by | commited onthe means of any such | occasion ofa ‘a nvong great calamity oF ‘waste or ‘mstorune. RULES AS TO THE USE OF FIRE:ATENEO CENTRAL [BAR OPERATIONS 20%9 ‘CRIMINALLAW AGT OF THE ‘ACCUSED CRIME: commarteD intent was oniyto | Simple avon wine] BumPouse but | specie penalty (rt. somebody dies 528) | ive was ueedae® arder msn tl Tire was used to conceal the ling Separa wines oF ‘eon and rmurdernomicide 43. THE ACT BE COMMITTED WITH EVIDENT PREMEDITATION (PAR. 12) Basis: I has reference to the ways of commiting the me, because tiaent premeiation implies 3 deliberate planning ofthe act before executing REQUISITES: ‘The prosecution must prove — 3. The time when the olleder dotermined to commit the crime + Mere theat not of a direct and specific 4. An act manifest iniesting tat he culpet has ‘ung to his determination: and ‘© Tho premeditation must be based upon fextemal acts are not prasumed from mere lapse ote; ‘5. A sufficient lapse of time between the Aetermination and execs, to allow him to refect upon the consequences of his et an to allow his conscience to overcame the resolution of his wil ‘+ Tho offend must have an oppertiy to coal end serenely think and deberato.on the moaning ond the consequenens of what he ‘lanned to do, an interval ong enough fr his tonscience and beta judgment to overcome his ov desire and scheme, Essonce of Premeditaton: ‘The execution ofthe criminal act must be preceded by cool thought and rection upon the resliiono cary aut the criminal intent during the space of time sufcen to ‘rive ata calm judgment. (People v. Durante, 59 Phi 368, 1928). Notes: ‘+ There must bo evidence showing hat the aceused ‘mediated and related on hie nenton between The time when the crime waa conosived by hw and {he une # wae actly perpetrated ‘+ Premediation Is absorbed by reward or promise ‘ny insofar asthe nducor Is concerned, But nat the parson induced alnce one can bea principal by rect paricpaton witout the dene of due refecton. + When the vei ls diferent fom tht intended remediation s not aggravating, However, the ‘offender premeditated en the tiling of any person, iis proper to consider against he offender the ‘grating cieumstance of premedtaton, because whoever s Kile by him i contemplated inhi promadation + Evident peemediation, who inherent in robbery, ‘may be aggravating inrobbery with homie the remediation ncided the king of the vin Effect of Conspiracy on Evident Promediation: Conspiracy Presupposes Premeditation General Rule: Where conspiracy 18 _dltectly established, with proo af the atlendant deliberation and flection ofthe method, time and mana of executing th time, the exstence of evident premeditation can be ‘akon for granted. Exception: When conspiracy € only implied, evident Dremestaion may not be appreciated, nthe absence of root 2s fe how and when the plan to kil the vit was hatched or whal time nad elapsed before I was carried Evident Premesltation not Aggravating When, General Rule: Evident prmedtiaton may not be taken into account when tho person whom the. defendant proposed to ll was diferent fram the ane who Became his vet (enor in personae). Exception: There vas @ general pan to kil anyone to commit the crime premedtstd, 15. CRAFT, FRAUD, OR DISGUISE BE EMPLOYED (Pars) Basis: Means employe inthe commission ofthe crime, Application of Par. 14 Craft (astuca): Inveives intllectualwckery or eunning on the pat of he accused A ehicanery resorted toby the ‘cute to adn the executon ais crinal design is ‘Employes as 9 Scheme in the execution of tha crime, CORA ATOeCONOAgMIOD a¢Oooo cCoCanoOcCS ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW Not agaravating 41 Winere the unlawful scheme could have been card ‘ut ust he same even without te pretense. (People ¥, Aspil, .R. Nos. 89418-18, 1950) 2, Gratt panakes of an elemantof he offense, Frau (raude):Insicious words or machinalions used to inde the vin io actin & manner hich woud enable the offender o cary out his design. (COMPARE FRAUD V. CRAFT FRAUD cRarT Theraiea drach The scofthe Indueementby | accused done in insigous werds ot | order nolo arouse rmactiratons | the suspicion of the Ld Disguise (alstraz): Reseting to any device to concoal iaentty ‘Tho fact hat the mask subsequent fell down tus paving the way fri one's sertifleation does not fender the aggravating creursrence of doguise inapplicable. (Peon Cabata, GR Mo. 1-37400, 7988) +The purpose ofthe offender in using any device must be to conceal his identty. 1+ The:test of disque Is whether the device or contrvance rescriad to by the offender was intended too is make entation more die, such asthe use of» mask or false har ar beard NoTEs: ‘+ Craft and fraud may be absorbed in teachery if they have been deliberately adopted as the means, methods or forms ‘or the treacherous strato, oF they may co-exist independently Uahere they are adoptad for cfrect purpss in ine commision ofthe ome. ‘+ Where be accused pretended to hire the diver in ‘order o get his vee, twas helé that there was raft dicted tothe thet of he vehi, separate from. the means subsoquenty used to treacherousy kil he defenseless ever. (People ¥. San Pedro, GR. No. 44274, 1980) 46. ABUSE OF SUPERIOR STRENGTH (PAR. 19) THAT: 41. Advantage be taken of superior strength, 2. Means be employed to weaken the Basis: Means employedinthe commission ofthe crime NOTES: + Par. 15 contemplates two eggravaing circumstances, ether of which qualifies a ling to murder (At 248) ‘+ To take advantage of superr strength means to elborataly use excessive free that Is oUt of proportion to the means for se defense avaliable to the person attacked, (Pope v: Lobriges, GR. ‘Mo. 147648, 2002) + Fer abuso of superior strength the testis the relative siength of the offende” and the vet, ‘shether or not he took advantage of his greater strength Superior strength not taken advantage of: ‘+ When one attacks ancthor with passion and cbtiscation + When a quarrel arose unexpectedly and the fatal lw wae ebuck atime when the aggressor and his vet wero engaged against each cthor 35 ‘man to man; and Notes: + There must be evidence thatthe accused were pyslaly stronger and that they sbused such Superiority. + Tho aggravating circumstance depends on the age, size and sength ofthe partes ~ that there be notorious inequaltyof forces. 1+ Number of aggressors, if rmod, may point to abuse of super srensth, + Thor is abuse of superior strength when woapon used is ut of propotton fo the defense avaiable tothe offended party. 1+ When tere are several offenders partcpating in the cima, they musta be principale by direct poricipation and ther attack against the victim ‘rust be concerted and intanded to be so, + Asus of superior strength Is nherert nthe cme of parcide where the husband kis tho wie 1s {generally ccopted thatthe husband is physically Stronger thn the wife + Superior stength Is. sbsovbed ond inherent in treachery. (People v Mobo, 81 Phil 58} + Supercrstrongth absorbs cua (band). COMPARE AGGRAVATING CIRCUMSTANCES OF SUPERIOR STRENGTH V. ‘COMMITTED BY A BAND’ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW BY ABAND SUPERIOR STRENGTH Comite by mare] Taking saveatoge ‘than thee armed | by the cups of mmalefectors thar collective vrogardis ofthe strength to orparative overpower thir sivength ofthe | relatively weaker iti o vine, The offender employs means that materially weaken the rosisting powar ofthe offended party. Examplestts 1 Whore one, Stuggling wih another, sudden throws a cloak over the head ofhis opponent then he |unds ois hin 2, When the efonder, wi had he intention tol the ci, made the deceased intoxicated, herby ‘mately weakening the laters resisting power NoTE: This ckcumstance fs applicable only to crimes against persons, ang somatines against person and property ‘uch as robbery wih physic injures or homicide, 47. THE ACT BE COMMITTED WITH TREACHERY (ALEVOSIA) (PAR. 16) Basis: Means and ways employed in the'commission ‘ofthe erime, Theres teachery when the ofender commits any of the crimes against the person, employing means, methods oF forms inthe execution thereot whieh tend drecly ond specialy ta insure its execution without sk to Nima arising fom the defense which te offended party might ‘make. Treachery means tha the offended party was nat ven opperunty to make a defense REQUISITES: 1 Atthe time of the atack, the sim was notin @ Psion to defend hms and 2. The offender consciously adopted the partcdar ‘means, metnod or frm of atac employed by hin. NOTE: Nis no ony the relative poston ofthe paris but aso whether or nat the victim was forewarned or aoded te ‘portunity to make a defense oro ward of he attack ‘Rules regarding Treachery 1. Applicable ent crimes against persons 2. Means, methods cforms need not neure sccamplishmentof cme but nly execution anc 5. The mode of tack must be consciously adopted Notes: ‘+The characteristic and unmistakable manfstalon of treachery Is tho deliberate, sudden and unexpected stack of the victin without any ‘warring and without giving tim an opportunity 10 detend hirself or repel the ra assaut. Al tree must concur, otherwse, thee can benatreachary + AS can be gleaned trom jurisprudence, the ‘suddenness and unexpectedness of the ‘tack refers fo the manner by which tis executed fand not to the formulation (which must be Selberate or tought of by the offender) of the manner of execution. (People v. adap, GR. No 113800, 1967) + However, People v. Remolele considered treachery as aggravating aven ithe accused shot the victim on his back wihaut deliberation because the lller ae tying to eacepe trough the window. 1+ Treachory Is eppreiated even ite crime against the person Ia complexed with another flory Invoting @ diferent classieaton in the Coda “Thus, ne special complex rime of robbery with homicide, weachery can be appreciated nso a the bling is concord ‘+ Treachery may exist even Ifthe attack 6 Tace to face, whare R appears that te allack was not preceded bya dispute and the offended party was ‘Unable to prepare himself for his defen ‘+ Atack trom behind not alvaye treachery — it must appear that such mode of attack was Conscious adopted anc the question of ik to blender ba taken ino account. + Genera rule: Treachery must be proves by clear fand' convincing evidence and” cannot be presumed, + Exception: Teachery applies in the king of a ‘hid oven ifthe manner of attack isnt shown, +The mode of attack must be consciously adopted, 12 The accused must make some preparation toil the deceased in sucha manner a8 10 insure the execution ofthe crime ortomeke. Impossible erhard fe th person ticked ‘oon himoet or etait, ‘©The mode of attack must be thought of by the offender, and must not sping trom Uunexpoctae tum of event a9 4 n900sy s TAADVAA oo°0 yy Yoo ao AOD rnaancdaa con ATENEO CENTRAL ‘When must Treachory be Present +) When the aggression is continuous, treachery mus! be present in the beginning ofthe assault. ‘© Example: Even he deceased was shot ‘nile he was ying wounded on the ground, "appearing thatthe fring ote shat was @ mete continuation of the assault in which the decoated was wounded, with no ‘appreciable time intervening between the Galvery of te bows and the Tring ofthe shot cannot be said that the crime was attended by treachery + When the assault was not continuous, in that there was interruption, ti sffeent hat Veachery was present at the moment the fatal blow was '© Example: Hence, there was a breakin the contuity ofthe aggression and a the time ofthe fatal wound wae infleted on the deceased he wae defenasless, the Croumstance of treachery must be taken into aocount ‘Treachery should be considered evan if ‘+The vicim was not predetermined but thre was 3 ‘genet itent to beacherovsly Kil ery Bet 0 parsons belonging to a class. The same rue biains for evident premeditation) + There was aborratio fetus and the bullet hit = pereon diferent from that inteded. (The rule fe ‘ferent in evident remediation) ‘+ There was error in personae, hence the victim was not tro one intended by the accused. (A Giferent ul is applied in evident premeditation) ‘+ Reason: itis nonetheless impossible for etter the Intended victor the actual ot to defend himsel against the aggression. “Treachery absorbs: (ACE CAN) 41 buseof superior stongth, 2. Gra, Employing means to ‘Guadiila (mane {id of armed men: and Noghtime, weakenthe defense; “Treachery cannot co-exist wih passion o obfuscation, COMPARE TREACHERY V. ABUSE OF SUPERIOR STRENGTH V. MEANS EMPLOYED TO WEAKEN THE DEFENSE CRIMINAL LAW TREACHER ABUSEOF MEANS. ¥ SUPERIOR EMPLOYE ‘STRENGT "DT 4 WEAKEN THE DEFENSE ‘Offender —] ean are Tears, mathods or | ony takes | employed forms are | advantage | butitonly employed by | othis | matey The offender | svperioe | _ weakens | tomate | stergh | me essing Impossible or | and-does |” power of hardforthe | otempioy | the offended | means, | offended partyte put | motoss or | party ‘any sortot | forms of resistance | attack, | 18, MEANS ‘BE EMPLOYED OR CIRCUMSTANCES: BROUGHT ABOUT WHICH ADD IGNOMINY TO THE NATURAL EFFECTS OF THE ACT (PAR. 17) Basis: Means employed Ignominy isa crumstance pertaining tothe mora order, which adds dagrace and obloguy 1 the materi iisry caused by he crime, NoTEs: + Wis applicable to crimes against chasiy, less serious prysical lures, lighter grave coercion, and murder + tis inherent in bel and acs of aseviousness, Meaning of “which add ignominy to the natural effects of the act +) Tho means. employed. or the. oreumstances brought about must ed to make the elects ofthe crime more humiliating orto put the offended pany to shame. + Injures party must not be dead when tho act causing ignominy wa inflicted to him boca the Sel must 26d the injured pary's meal suiting COMPARE IGNOMINY V. CRUELTY TGNOMINY (par. | CRUELTY (par 7 EN Tavoes moat ‘suteing Revers pyaar ‘uteriATENEO CENTRAL CRIMINAL LAW 49, CRIME BE COMMITTED AFTER AN UNLAWFUL ENTRY (PAR. 18) Basis: Means and ways employed to commit the crime “Thor i unlawful entry when an entrance (nat escape) Is effected bya way nt intended forthe purpose Cone who aes, not respocting the walls eracted by mon to uses thei propery and provide fr ter personal satel, shows a greater peversty. a greater audacity, hence, he law punishes him wih mre severly + Dweling and unlawul entry taken separataly 25 aggravating creumstances in murders commited in a cnaling, + Maybe considered as aggravating in robbery with violence agains oritmidation of persons. + Not aggravaing in trespass to dwoling os Uunfowtl erty aberent therein 20, AS A MEANS TO THE COMMISSION OF A CRIME, ‘A WALL, ROOF, FLOOR, DOOR, OR WINDOW BE BROKEN (PAR. 19) Basi: Means and ways employe to commit the crime. Nores: ‘+ Appcable ony if such acts wore done by the offender to fect entrance. + tis not necessary thal the offender shoud have ‘entore the bull. What aggravates ie ity is the breaking of 2 part ofthe bulking as & means of comming the crime, COMPARE BREAKING AS MEANS To COMMISSION (OF THE CRIME V. AFTER AN UNLAWFUL ENTRY BREAKING AS AFTER AN MEANS TO UNLAWFUL, COMMISSION OF ENTRY, PAR. 18 ‘THE CRIME, PAR. 19 Tnvalves the breaking (rempimiont} of tha ‘cnumorated pars of rasupposesthat theres no such breaking as by centr tough the vad. ‘Whore Breaking of Door or Window is Lawful 1 Anos, inorder o make an arrest, may break ‘pen 2 door or window of any bung in which the person tobe arested isos reasonably belived to be (See. 11, Rule 773, of Rules of Cou) ane 2. Anolfcer, relused sdmitance, may break open ‘ny door or window to exzcute the search warrant er erate himselt. (Sec 7, Rue 126 of ROC). ‘THE CRIME BE COMMITTED: (PAR. 20) 4. With the ald of persons under 15 years of age, oF 2. By means of motor vehicles, atships, or ‘other similar means, ‘Basis: Means and ways employed to ami the ee, Two different circumstances grouped inthis paragraph: 41 With the ald of persons under fifteen years of age + Inlends lo repress the frequent practice reseed to by professional criminals io aval themselves of minors taking advaniage of ther iresponsiity. 2, By means of motor vehicles, alrships, or other ‘tnilar means “Intended to counteract the great facies found by ‘modem ermins n said mean to commit ee fand fos and absconé ones the same. Is + Use of motor vohile ie aggravating where the accused purposely and deliberately used the toto vein gong tthe place of he ema, in ccamyjng away the effects thereof, and in fecitating ther escape + Other similar means refers to motorized vehicles or other efciont means of tansportaton ‘Not aggravating: used only to facitate the ‘scape oF use wat merely incidental and not purposely sought to facitate he commision of footie! naansaayd aana oaad On nAannAnAaAGoo arODga7AARIAAD COOGOOOS99O Ooaco Conaa Pra ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW 22, THE WRONG DONE INTHE COMMISSION OF THE CRIME BE DELIBERATELY AUGMENTED BY CAUSING OTHER WRONG NOT NECESSARY FOR ITS COMMISSION (PAR. 21) Basis: Ways employed to commit the crime, ‘Theres eruolty when the culprit enjoys and dolights in ‘making his victim cufor slowly and gradually, causing Unnecessary physical pain inte consummaion of criminal ot REQUISITES: 1. The injury caused be detberately increased by causing other wrong; ana 2, The aber wang be unnecessary fr tha execution af the purpose of the efonder. CCruety i inhoren in: 1. Mutation, Notes: ‘+The wounds found on the body of the visti must be fice while he was stil alve in order unnecessary to prolong physleal suena. mutilation were being performed, this would also ‘ual te ling to murder due o utraging of his corpse (rt 248) ‘+ Numivr of wounds alone doesnot show cry bong ecassary to show that the acruted delberately and inhumanly ineressed the sutferings o the vets. PART: PAR. 2 1GNoMINy CRUELTY Trvalves moral | Refers physical suing sutlorng Nore: ‘Unik mitgating ckcurstances (par. 10, Art. 13) there Is NO. provision for aggravating tircumetancas of similar or enalagaus character 23. OTHER AGGRAVATING CIRCUMSTANCES UNDER SPECIAL PENAL LAWS. Use of Unlicensed Firearms + Ithomicise or murders comme withthe use of fan uniconsed firearm, such use ofan unlicensed frearm shal be considered as an aggravating roumstance. (Sec. par 3) = When @ parson commits any aime under the FRovsod Pana Coce or Special Laws with ho use of explosives incising but not ited to pllbox, ‘mololoy costal bombs, detonation agents incendiary devises resuing in the death of = person, te same is aggravating. (See. 3} COMPREHENSIVE DANGEROUS DRUGS ACT + When 2 crimes commited by an offender whe is Under th intuonce ef dangerous crugs, such stato shal bo considered as a qualiving aggravating Cirourstances. (Sec. 28) 1+ For drug puters who use minors or mentaly incapectated inivicuele as runners, cours and messengers, or in any other capscly rectly connecied to the dangerous drugs andlor ontoled. precursors ond essonalchomical trade, the maximum penalty stall be Imposed In every case. (Sec. 8) + ine icin of the cfense fsa minor ora mentaly incapacitated indvicual, oF should a dangerous rug andor a controlled precursor and essential chemical invelvecin any etfense herein provided be the proximate cause of death of @ vieim ‘hereot, he manimum penal provided for under tne Section shall be imposed. (See. §) Specific Aggravating Circumstances: 1. Vilaton of domi: rightime, papers or efocts nat retuned immediatly 2, Imeruption of gious Worship: violence or teas 3. Direct assault weapon offender is «publ offcor ot ‘employee, offender ays hands upon a person futhonty, ‘Grave treats: in wing, tough a mileman; Robbery with violence against or inimidaton of persons: uninhabited pace, band, EXCEPT robbery ‘wth nomicie or robbery wit ape; ane 6. Robbery wi force upon things uninhabited place and by abana. cn ES Altoratve Circumstances are those that must be taken into consideration as aggravating or mitgating according to the nature and effects of the crime and the other conden atenaing its commission. Basis: Nature and effects ofthe crime end the other conditions atending is commision. ‘Alternative Ciumstances: 4. Relations:ATENEO CENTRAL BAR OPERATIONS 2019 (CRIMINAL LAW 2 ioneaton and 3. Degree of instruction and education ofthe offender. 41, RELATIONSHIP The allematva ckcumstarce of relationship shall be ‘ken inte consideration when the offended party the 2. Ascendant 3, Descendant 4. Leglimate, natural or adopted brother or str Relative by afin, nthe same degree, ofthe fender, 6 Stepfather or stepmother and stepson or stopeaughter (Paoplev. Bersabst, 7. GR. No. 24532, December 11, 1925); and 18. Adopiive parent ard adopted chi ‘When Relationship is Mitigating: 1 Crimes against property, by analogy, tothe Provisions of At. 352 (@) Robbery, usupston, faudulentinalvency, and arson; and NOTE: Relaenship is exempting in the, estat, ‘and malisous isch, 2. Crimes against persons \Wihan the offense commited is less serious physical injures or sant physoa ures end the elfended party 53 relative of lower cages. ‘When Relationship is Aggravating: ‘1. Crimes against persons. a. It is oggravaing where ove offended party ia reatve of ‘+ Ahigher degree than the offender, or ‘When the otendos and he offended party ‘are relatives ofthe same degree. ._Inphysiclinunes +The crime against persons is serious physical Injuries, even If the ollerdes att is 2 doscondart of he offender. Bul {he serious physial inurae must not be tnflted by parent upon his eld by ‘xcsecive cheatsement ‘+The ofense commited fs less serious physical Injuries or slight. physical Injuries it offended part Is eative of a highar degree ofthe ottender. & When the crime ss homicide or murder, Felabonship is aggravating oven the vet of tha crime sa relative ofa lower degros, 4. In rape, relationship is aporeveting where 2 stepfather raped His stepdaughior, or mh a fase where after rapes it own daughlor, 2. Crimes against chastity In acts of laseiviousness, roltonship i alvaya agravating,regarcoss of whether the fender = Falatve of a higher or lower degree of te offended pany ‘When the qualicaion given to the crime is derived from the relationship between the ofender and the offended party, tis neither mitigating por aggravating, because itis inseparable fron and inherent in the 2.INTOXIGATION Basis 2. As 2 mitigating clreumstance, i fds ie reasen inthe fact that wihen a person under the inence of fiquer, hs exercise of will power is impairea b, As an aggravating circumstance, because it S intentional, tha reasons tht the offender resorted ton orsr ta boletar ia courage © The constant use of intoxicating tuor lessens the Indica! resistance to thoughts and undermines the. willpower making. himself @” potential “evidoar fagainet whose acta, socety has the fight Yor ts own protection to mpoea 8 mote sevare penalty, COMPARE MITIGATING V. AGGRAVATING MITIGATING AGGRAVATING iFinoweation habitual Wikis tentonal —| (cubsequentta the Plan to commt a felony) | [ irtoxaton ie nat ‘habitual Trtaneaton erat ‘subsequent tothe ‘lan commit felony Nag ngaPgeonnnAoOONIOSADAD aren aAnRBnanQOaD “eogagaconreo0o0 5970799 oa ATENEO CENTRAL [BAR OPERATIONS 2079 CRIMINAL LAW IK habitual drunkard is one gven to intoxication by excessive use of intxiating drinks (Once intovcaton establishes by satisfactory evidence, inthe adsonce of proof wo the contrary is presumed to be nee-habtual or unntesonal ‘Tobe entitled to the Mitigating Circumstance, it must be shown that: {1 Alta ime of the commission ofthe exiinal act, he has taken such quant of alcohol crinks as to ur is roason and depsve him of @ certain degrae of conto and 2, Such intoxication fst habitual, subsequent to the plan to cami the felony. Note: "+ Inloxicaton must inigh the agents capacity to know the irustice of his acts, and his wil to ac accoedingly, ‘+The quansy consumed prior othe commission of the cima must be sufficient fo prosuce the act ‘of obtuscaing reason. (Pepe v. Reburan, GR. ‘Mo. 182881, July 27,2011) + Tobe conaiead a6 a mtgaing creumstancs Cfinker and cid not take the alcohol in order (© ‘infor his resave fo commit the crim. (People ¥Otege, GR. No, 195846, une 28,2001) 3. DEGREE -OF INSTRUCTION AND EDUCATION OF ‘THE OFFENDER 1 does not refer ony to Ieracy but more tothe kaval of inteligence of te accused NoTes: ‘+ Refors to the lack of sufcient intligence and Iowledge ofthe ful signifeance of anes act. + Low degree of instruction and education or eck of its ganeraly tigating, + High degtes of insttuetion and education fs aggravating when himsel otis learning in commiting the ere, ‘General Rule: Lack of suficintecieaionis mitigating Exceptions: (Pun) Cimes against Property (8.9. arson esta, thet robbery 2 Crimes egainst Chast ‘3 Treason: bocause love of county shoud be 3 natural eating of every czen, however unetored or Uncaltured he may bes E.ABSOLUTORY CAUSE ‘Absolutory Causes are those where the act commited isa cme but or reasons of public pocy and sentiment ‘here sno penalty imposed Basis: A sound pubic policy equ thal he courts shall condemn this practice by directing tne acqultal f the 4 Spontaneous desistance (Art. 6); 2. Revessones exemps rm ena lablity (Art. 20) 3. Physical injures infcted under exceptional ‘roumstances (At. 247) 4, Persone exem! rom criminal ably om the, ‘nding, maious msc! (A 392) and 5. Insigaton ENTRAPMENT V INSTIGATION ENTRAPMENT “The weys and means ae resorted tfor the purpose of rapping and | Capturing the lawbreaker | commission of ho inthe exccuton atts | _ oflonse and himeclt ‘simi par bocomas co. penal NOT abarte ‘acoused's insTigATION. Tistigatorpracicaliy inaices the woe ‘socused into the Accused wil be prosecution snd ‘equi: and ‘conviction: and NT an absoktoy mayo END OF TOPICATENEO CENTRAL BAR OPERATIONS 20%9 CRIMINAL LAW TV. PERSONS CRIMINALLY LIABLEDEGREE OF PARTICIPATION A. PERSONS CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES At 10. Who are criminally lable. — The following a Criminally liable for grave and less grave felonios: (PAM 4. Brincipas; 2 Accomplices; and 3. Accessories BL PERSONS CRIMINALLY LIABLE FOR LIGHT FELONIES 1. The following are criminally lable for light felonies: (PA) 2. Brincipals; and 3. Aecomplices. ©. PARTIES IN ALL CRIMES Active Subject The active subject i th erminal, Ory natural persons can bee active supjects ata came because othe Nighy pertonal naire of he eminalreapansity. ~ Under the Revised Ponal Coss, pereens act wth personal malice er negligence; artical persons cannat act with ‘makce or negligence. A juridical person tke 9 corporation cannot commit 3 ime that requires wilful purpese or malicious inten Ciminal scons are rescted or iited othe ofl of {he corporation and never directed against te corporation itself, except under (4) (SPEC) + Secure Law + Buble SeniceLaw + lesion Coca. and + Gorporatien Low “Ther issubstution of depevation of Ibert for pecuniary penal in incolvency eases 'As tothe imposion of other penalties tke destioro and impasonment, those are imposed and executed on Individuals only ané not for juical persons, 2, Passive Subject “The passive sbjec ofa ere ithe person injured. The holder ofthe injured ght Is the man, the jure person, ‘he group, andthe State Corporations and partnerships can be passive subjects of ‘corpses and animale cannot be passive subjects because they have no rights hat may be inured, Exception: Under Atle 253, the cre of defamation may be ‘commited if the imputation tends oblacken te memory of one whos dead It shouldbe noted that Article 16 only apples when the ‘fenders are to be judged by thir navi, ar not collective Faby, PRINCIPAL ‘Art. 17, Principals. — The following are considered Prinepate: (DIC) 4. Those who take 2 Direct part inthe exocuton of 2. Those who erecty force or induce ‘ines o cam 3, Those who Cooperate inthe commission of the tense by another set withou which would not have been accomplished 1. By Direct Participation Requistes: (PC) (a) They Bartipatd inthe eiminal resolution; and (b) Thoy Garried outtheir plan and personally tok at as execution by acs, which recy tonced to the seme end + "When this element ie lacking here i only conspiracy In conspiacy by por agreement, the principal by dract Paricipaton who does not appear at he scene of the le iol Habe, because: ‘+ Non-sppeavanceis doomed desistance which fs favored and encouraged, Conspiracy is gonealy nota cme unless the law special provides a penatty ara There is no bass for criminal labity because there no criminal parteipstion [At best, he ean be a principal by inducement. 2. By inducement Requlstes: (DN) aAnaD ano cononn0n9e Om cananagnage anATENEO CENTRAL, ‘BAR OPERATIONS 2018 CRIMINAL LAW {a) Thal the inducement be made Grecty withthe Intention of procuring the commission ofthe (b) That svehindvcoment be the Determining Cctuse of the commision of te ene by the ‘material executor, anc (©) Without Suen incicement the crime would Not have been commited Ways of Becoming Principal by Induction: 4. By directly forcing anether to commit a erie; 2) Using resiatible force: or 5) By causing uncontrollable fear )_Inthese eaces thre no conspiracy, not ven a uniy of criminal purpose ‘and Intention. Only the one using force. or avin fears minal Rae, 2. By directly inducing another to commit a erin {@) By giving price, or offering reward or promise; ‘+ Bomn the one alvng the price, offering reward, or promise and the one commiting Pe ere In Consideration thereat ara principals; (©) By using words of command; ‘twould be the moving cause forthe fens, + ‘There ie also coletve criminal responsibly. Requlsites: ((ADP-PN) 1. The oneuitring he words of command must have the Intention of procuring the comission of he 2, Tna.one who made the command must have scendancy or influence ovr the person who ected 3. Tho words used must bo so Bireet,so efficacious, 0 Bowerful acto amount to physical or moral 4. The werds of command must be utered Brior tthe commission of the ee: and '5. The matora executor af he crime hes No personat reason to commit the crime ‘There must exist on the part of the indueor the mast positive resolution andthe mostpersstont ffrtio secure the commision of the” ome, together wih the resentatin othe person induced of the very strongest ind of temptation to commit the cme. “The inducement must precede the act nduced and must be eo invent in progscing the eximinal act tht without it the act would rot have been performed ‘Athoughless expression without intention to produce the IF te crime commited is not contemplated inthe order ‘ven, the Inducement is not materi and not the Bond 1 Keep the peace ly waposed ony in the cme of treats (Ar. 284), either grave (Art. 282) or lgnt (At 289), FINE Is: 1. Afcive~ if exceeds PY 200,000 2. Correctional -P40,000 to P1,200,000; and 3. Ught— less than P4000, BOND To KEEP THE PEACE Is BY ANALOGY: 4. Aflletve— iit exceeds P,200,000, 2. Correctional -P40,000 to P#,200,000; and 43. Light toss than P4000, Notes: + This ale dotemines the cassiteation ofa ne ‘whether imposed asa single (.9-fine of P200 to P5000) or aa an atematve (2.9. penalty ls ‘reste mayor OR a fine ranging from P200 to P1000) penalty for acme. ‘+ Themedoes rot apply whore the fneinvalved is n'a compound penal, thats, t's imposed in conjuncion with another penalty Inthis case, he highest penalty shall be made the bass for computing the period for the proscipfon of crimes (At 80) + Where the fine in question is exactly P200 under ‘At. 8, 4 is a Tight felony, hence, the felony Involved is alight felony, wheress under At 26, + tis @ correctional penalty, nence, the offense Involved is aless grave felony. + hes boon held that this cscrepancy should be resolved feeraly in fave of he accused, hence AAS prevals over At 26. (People v. Yu Hat GR. No. {-9598, 1256) + HOWEVER, accorcing to Justice Regaled there ino such discrepancy. Whats realy in issue the prescripon of te offense vedas the prescription ofthe pony, the formar boing the Feroture ofthe right of the Site to prosecute the offender and the latter being the loss of ts power to enforce the jugrant agains the convict. + In detornining the prescription of eimes, apely ‘At 9 (40,00 fie is ight felony) I determining ‘the prescription of penaty, apply At. 26 (P200 fine preserves in 10 years).ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW 4. DURATION [ 7 PeNacr ‘DURATION Y Reske . 040 youre Perpetu Recluse 2 years and Tday . to 20 years Tempo al . lon: Wayoe |B year and ¥ cay To andtemporary | 12. years, except Siequaticat | when the penalty of 5 ‘isqualifeaton imposed as an ‘accessory ‘penalty, in which case, 1S uration all be thal of the principal pemlty Prsion ‘month and 7 day | fomeccional | to" years, except when suspension 16 Euspension, | imposed as an snd accessory penal, esters in which case, its uation sna be ‘tat ofthe principal penalty Testo | month and 7 day rmayor__| too monhe ‘resio. | 7 day 1030 days Band io keep | Such porod of te thepesce | a5 the cout may Note: Desito is 8 prncps, comectonal, and dvisbe pena. ‘CASES WHEN DESTIERRO IS IMPOSED: 1 Serious physieal injuries or death under exceptional circumstances (At 247), 2. Incase of false to ave bond for good Behavior (rt 204; 3. Asa penalty forte concubine in 4. concubinage (Ar. S84) and 5 Incates where afer reducing the ponaly by ane or more degrees, deslro isthe propor penal. EFFECT EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION (ART. 30) 1. Dopevation af the pubic offices and-employments which tho offender may have held, even conferred by popular elector: 2, Deprivation ofthe right to vote any election for any popular elecive ofes orto be elated to such offen, 3. Disqualification forthe ofees or pubic emoloyments and forthe exercise of any otha ights mentioned; ‘and 4 Lose of a ight etrement pay or other pension for any ofie formes held Notes: PERPETUAL ABSOLUTE DISQUALIFICATION is fective during the etme ofthe convict and even ser he service of the eenten TEMPORARY ABSOLUTE DISQUALIFICATION General Rule: oss curing the term ofthe eontence, and is removed afer the serve of the same, Exceptions: ‘+ Desperation ofthe pubic offee oF employment (€rfectno.1)-ane + Loss of al rights to retremant pay or other pension for any efcs formerly nla (Est ro, 4 EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPEGIAL DISQUALIFICATION (ART. 31} 1 Deprivation of the oc, employment, profession oF ‘aling affected: and 2, Disqualifeation for hong similar offices or employments perpetually or during the txm ofthe EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE (ART. 32) 1. Deprivation of the righ fo vote orto be elated to any public oie; and 2, Cannot nea any publ offi ring the period of squatiication EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC OFFICE, PROFESSION, OR CALLING, OR THE RIGHT OF SUFFRAGE (ART. 3) aT. SGononangogagngan2 onpna noo CROC RAR3 COODOTO4 TD ono oO COOP RAARLDA ATENEO CENTRAL ‘BAR OPERATIONS 2079 CRIMINAL LAW {1 Disqualcaton rom hoking such oles o exerciaing ‘sch profession or caing o right of suage curing the tem ofthe sentence; anc 2. suspended frm public ofce, the offender cannot bald anether ofce having snl funcions during the Period of suspension. Definition: DISQUALIFICATION isthe withholding of pivoge, © ‘eetrton upon te ight of sutage oo hol office, and ota doia of aright Purpose: To preserve tho puriy of elections; one rendered infamous by conviction of felony or ether base Gfenses indicative of moral turpitude Is unft to exercise such rights. Pooplev. Coral GR. No. 42300, 1936). EFFECTS OF CIVIL INTERDICTION (ART. 24) 1. Deprivation of he gis of parental authority or aquardianahip of any ward 2. Deprivation of mail auharijz— 3. Deprivation of the right to manage his property and of the right to dispose of such property by any ac or ry conveyance inter vivos {@) But he can dspose of such propenty by wil or 9920000000 ono ARARDARARANA ATENEO CENTRAL BAR OPERATIONS 2019 ‘SECTION 2.- VIOLATION OF PARLIAMENTARY IMMUNITY (CHAPTER 5: ILLEGAL ASSEMBLIES AND [ASSOCIATIONS LEGAL ASSEMBLIES TWO TYPES. ILLEGAL ASSEMBLIES ART. 146, [Definition [Any meeting atendod by armod persons for ho purpose of commiting any of te ces. punishable under tis Code, or of [any meeting in which the audience sce to the comission ofthe ame of essen, rebeen or Insurrection, ston or assault {upon a person in authority or hi agents Elements: |A Mosing atinded by armed persons for the purpose of = ‘commiting any of the. crimes, punishable unger the REC 1) Thee isa Mecting — gathering or "group of Dereong. whether Teed oF ‘moving Meeting i atended by Armed persons; anc uy The Purpose of mesting is tw commit any of the edmes punichable under RPC 8. A meeting in which the Sudence, whether aad or Fat since the commission Of the crimes of oason, Febetion “or insumecton, Seaton’ or “assault upon 3 person in autherty or his agent i) There. ia, a. Mecting ~ gathering or group. ot Berson whether fed or ‘moving: and 1) Aulence Whether armed or Not is Inellod (0. the omission af tho ere of treason, rebelion oF Ineumection, section or ‘rect assai. CRIMINAL LAW. ‘Leaders: Prison Coroodional in| {i mrimam and mecium ana | fine not exonoding P1000 2, Persons merely present at such meeting: Aesto mayor Penalty PRESUMPTIONS WHEN A PERSON ‘CARRIES UNLICENSED FIREARM TO THE ASSEMBLY 1. Purpose of the meeting isto commit a cme Lunde the RPC insofar as hee cencerned: snd 2, Posssseer ie @ leader or organizer of the ‘meeting. PERSONS LIABLE FOR LEGAL ‘ASSEMBLY 4. Organaers or eaders of the mating: and 2. Persons merely present alte meeting (cont hen prasence is out of curity ~ not fable Meeting ‘The wort meeting shall be underston to incude 2 gathering o group, whether in a ed place ‘moving. ofthe fist form of legal assembly must ba ‘rmed, tis outlet that et least 2 persons are ‘armed. none of te persons present inthe ‘meeting are armed, there sno erie of Bega sesemby, The persons The persons: attending are armed | attending may be persons armed or nat “Aste te purpose Tocommitany | To comit the crime crime punishable | of treason, rebelion underthe RPC | orinsurection, sedivon or assault ‘upon a person in authority or his agents Effect when Audience incited Ifthe audience is ince to comms obolion oF sedion the crimes commited are legal age 107 0277ATENEO CENTRAL BAR OPERATIONS 2019 assembly a8 regards the organizers or leaders ‘ane persons merly present an incting to febelin or sedition Insofar asthe ona ncing ‘hom is concerned. CRIMINAL LAW ART. 147. ILLEGAL ASSOCIATIONS Definition ] Associations total or partly organized forthe purpose of [commiting any ofthe cies punishable under is Code o for some purpose contrary to pubile morale Penatty | Founders, dvocor and Presidents: Piston eoreceinal i is ini, lard medium periods ana a fine not ‘exceeding P200,000;, b. Mere members Presto mayor KINDS OF ILLEGAL ASSOCIATIONS purpose of commiting a felony: and 2. Those. totaly or “Barlaly organized. for purposes conirery to public morals. PERSONS LIABLE 4. Founders and Presisent; ane 2 Members. ublle Morals Fefers tomato which affect the inorast of society and public convenience and isnot mtd to.g00d customs DISTINGUISHING ILLEGAL ASSEMBLY FROM ILLEGAL ASSOCIATIONS LEGAL LEGAL ASSOCIATION ASSEMBLY. Wot necessary that | Adal meeting —or ‘assembly necessary esting Tis the act of foming [Tes the maaing ang or organizing and | atlendance at sich membership in the| meting that are association’ that are | punished: and Persons Parsons fable Touncere, | organizers, or presicent, Teaders, 2 persons members, prosont atthe mesg Page 108 0277 acco nnadndnnNAaNNAOago090g0n0NNNNNNANNANNDO0°90 n9090900 CoooCoOngnggDOONIDN0ND caoonan [ATENEO CENTRAL Held ir connection with otmes punishable by RPC Evan acis canary to public morals are included, thus may include crimes punishable by special lave, CRIMINAL LAW ‘CHAPTER 4: ASSAULT UPON AND RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY AND THEIR AGENTS. ART. 148, DIRECT ASSAULT [Any person or persons who, without 2 publ upisg, shall emioy force fr inimidaton fe the allinment of any of the purpose enumerated in Derntio | dofring the cimes of rabelion and bedilon, or shall attack, employ force, oF serouslyintmidat or resist ary person in authorty or any of is agents, while engaged. In the Berormance of oficial dues, or on fSceasion of such performance Te will dopend on the form of Direct ements | il When the assault i committed offender is POIE; or when the offender lays hands upon a person in authority: Prison correeionak Maku are Penatty | Fine: Not exceeding 200,000 W none ofthe creumstances above is present: Psion corstona: Minimum period Fine: Not excsosing Ri 100,000 ‘TWO FORMS OF DIRECT ASSAULT 1. Without publ uprising, by employing force (oF intimidation for atsinment of any of the purposes enumerated in dering the crimes of Febelon and section (1 Form) ELEMENTS: FAN AIM NO PU (2) {Offender employs Eore or Itai B. All of efendor is to atian any of the Durposes of the cme of rabelion oF Sedition and That heres NO Pubic ising, Notes: Offended party here may be a private person 2. wiout public uprising, by attacking, by femploying force or by. seriously Inimidating or by seriously resisting ary Page 109.0277ATENEO CENTRAL BAR OPERATIONS 2010 person in authorty or any of his agents, wile fngaged inthe partarmance of oficial ie, fren the occasion of suen performance, 2nd form) ELEMENTS: © KNOWS A‘F-SESR PAPA ORNP.U(S) 1. Offender (2) makes an Attack, (0) employs NAL LAW Resistance tothe person in authority oF hie ‘agent must be acive to corsitute 2 crime Under this are. cannot be passive, as when one tows himselfon the ground and Feluses to folow orders given By a person In ‘thoy tomove, Even when the person In authority or the agent agrees to fight, drect assault is stl Eorce,(e}makes aSenous Intimidation, c(i) cori, rakes a Serious Resistance: 2. Person assadted is 9 Berson in Authority or his agent 3. At the time of the essoult the person in authority or his agen 3. is engaged inthe actual perfomance of ila dies {otis not essential a "ig" assaulted by reason of tho past Evon anther person in authoty canbe guy ‘of assault pen @ person inauthorty oF his ‘agent. However, there can be mo assault upon et disobedience "to one's authorty by another person In autholy or his ‘gent whon thay both contend that ney ware inthe exorcise of ther respective duties. person in authority or his agent eet inthe fatal pedermanee of ofl dies when he performance of ofcal dues (motve 1 Excoeds his powers, ssontat © Uses unnecessary force or 4. ‘Thal the oflendor knows that the one he is Violence, of assauling Isa pesson in auhorty or his agent ‘© Descends into matters, which are (or interior to ong, nie ox sess ne private i nate, 5. No Public Uprsing Notes: Knowledge ofthe seed thatthe vit is @ Dereonin sunny orhisegent!s essential and Such knowledge must be allaged Inthe Offended part here is either @ person in formation, author ofan agent ofa person in aut Wihon tho offends party nolongor a parzsn in authority (retired judge), the offender cannot bo held Hable for Gract sesaut even if the stack is by reason of the former parformance of ofeia ues, REQUIRED DEGREE oF Evidence motive ofthe ofenderis important Ieattaked or seriously imimicated is notin the actual performance of is aca duty. past - Dect "assault may be commited upon = private person who eames to the a of 2 person in aurhorty see he's then consiered FORCE, _anagent of aperson In anon. INTIMIDATION, OR RESISTANCE FOR LIABILITY TO ATTACH UNDER THIS Dioet assaut cannot be commited coring febelion. Crime of slight physical Injuries fe ARTICLE, ‘bsorbed indirect assaUh + One's ight ageinsturvessonable searches to | FORCE [INTIMIDATION] "be conducted inte mice of te night wher EMPLOYED | 'RESISTANCE | the offre ao brntd to “plan view sath cannot be equated to disobedance ac eee ae |i QUALIFYING CIRCUMSTANCES | 1. Wen the assout's commited uth a weapon Mal be ot 2 When the offender 8 pute offer or ‘Agen | serious Serious employes ot Shorr When the offender ays hand upon persn in authriy GENERAL RULE: Dirsct assault is always complexed with the material consequence of ‘hese (Ex doe asc wih murder. EXCEPTION: If resulting in @ fight felony, the consequent crimes absorbed, Page 110 0277 a 9900 A000 9709GDT0000000 neoceanOMDODODOODOIDIINNDINIABRIINOG nOAnN00 conon BAR OPERATIONS 2019 ART, 149, INDIRECT ASSAULT ‘Any person who shall make use of force or inimidstion "upon any person coming to the ad of the futheries "or ther” agents on ocaeion fhe commission of ano | the eimes defines in the next preceding ate ‘V-PAPA FIN ON AID (@) 4. Arson in Authosty or Agont isthe vim of any of the frm of eret Elements | assautn the previous ete 2° Berson comes to the Aid of Such victims and 3. Oftender makes use of Eorc or LBnidaton upon such person. Defintio raion eorecelona: Minimum and natty | mdm porous =] Fine: Not exceeding 100,000 OFFENDED PARTY May bea private person. A pivate person to comes tothe rescue of ar authety or ls agent enjoys the prvlogos otthelater Notes: Direct assault must have been commited frst bofre tis aricle canbe spitcaie Iwi a person in authonty or his agent ks performing ns cuy and someone helps hen, End then the helper is attacked by a person, ‘wihout Powever slacking. the person 9 Buthoriy or gat, is not indirect assaul CRIMINAL LAW ART. 159, DISOBEDIENCE TO SUMMONS ISSUED BY THE CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE ‘CONSTITUTIONAL COMMISSION, ITS ‘COMMITTEES, SUBCOMMITTEES, OR BIVISIONS.. ‘Any person whe, having boon duly Summoned to attend 28 2 wine before the. NetonalAssombiy. (Congress), is special or slanting committee ang eubeommitioes, tho Conetutoral Commissions and is commitess, sudoommitees, of [Svisons, or before any commission fr committee charman or member [Suhorzee to summon winssres rotuses, without Tegal excuse, 15 [obey such summons, or being resent fore ony such leglslave| constlulonal Gody or offi Fefusoe to be sworn o placed unde afmaton or to ansear any logal Inquty to. produce any” books, apes, éocuments, or records in| possesion, when required by them fo do coh the oxeraeo of tei Definito ‘Any person who. shall restain ‘snathar from sending as a wines, rwto shall induce disobedience fo | ' summon or refusal tobe swom by | any such body or oficial Etements a ‘resto mayor Penalty | ine:P 40,000 to P 200,000 PUNISHABLE ACTS 1. By rolusing, wio legal excuse, 10 obey Summons issued by the Congress of any of ie commitleos or subeommitaes, Constiitonal commitess or by. any fommission of commitee chairman "oF Imomber autrorized to summon winesses: 2, Refusal of any person present before @ lagitatve or consttatonal body or oficial to tobe sworn or placed under stfimatio, 3." By refusing to answer any legal inquiry; oto produce ‘books, documents, records to. ‘when requir to doo by the said bodies in Ihe exerese of thelr unetons; Page 111 of 277ATENEO CENTRAL BAR OPERATIONS 2019 4,_ Restraining another from altenting as vitmoss in such body a Br inducing disobedience to a summons or retusalte be sworn, ART. 151. RESISTANCE AND DISOBEDIENCE "TO A PERSON IN AUTHORITY OR THE [AGENTS OF SUCH PERSONS. [Any person vino wot beng ince in the provisions of the preceding faces’ shall resist oF serousy Definitio | isobey any person in autho, ” he agents of such person, wise Jengaged in the perfomarce of fic cules, “The disobedience may be simple or sorious Elomonts| 1 wi depend onthe act. For Resistance Serious Disabestonce: ‘este Mayor Penaty | Fine: Not exceeding P 109,000 For simple disobedience: resto menor Fine 200 to P 20,000, PUNISHABLE ACTS Resistance or erious disobedience: and 2. Sinpe eebedience ELEMENTS OF RESISTANCE OR SERIOUS DISOBEDIENCE PAPA O RSD (2) 1 Berson in Autor or his Agents engaged in perfomance a fll ates: 2, ‘The Offender Resists or Sercusly Dsobays:, and 3. Ress ofthe offender are not inched in Arts. 149-150 NOTE: There can be ne resistance and serious ‘Szobetlanes on cacasion af the perormance of fil utes. There aways has fo be an actual performance of ules when the resistances or Belous dloobedence le made ELEMENTS OF SIMPLE DISOBEDIENCE: EG-D-NS (3) 4. -Agentis Engoged inthe performance of fil duty or Gives oie orcer, Offender Discbeys such dy: and Disobestenco fs Not of a Sercus nature, Nore: Only agents can be the vieims of simple dinobediencs DISOBEDIENCE ‘The disobedience must bea faire to comply wih orers direct issued by auhorles tothe person nthe exerese of oficial unctons ‘Tho dscbecience contemplated undor this ale not cieobedienes to lew oa fare {o comply with some iogal provision. + Theword “serious” inthis rl ofers only to sebedienes, and not to resstancs. Senous Fesltance Is punished under At. 148, NON-DELIBERATE ATTACK OR EMPLOYMENT OF FORCE Fits not deliberate, itis only resistance.or ‘Anondelberate stack shows a lock of ntont ‘elgner, csregard, or éty author. 11 When acsited dd nothave knowlege hat the person sresting hin wes @ peace office an he resist and 2. When persaninauthoiy or agent exceeds his fights and dates. DISTINGUISHING DIRECT ASSAULT FROM RESISTANCE AND SERIOUS DISOBEDIENCE DIRECT ASSAULT RESISTANCE OR ‘SERIOUS DISOBEDIENCE. TinoTiviagent must] The persons — im be in porformance of | auhorty or his agent ficial ates or was | must be in actual fssaulied by Teason | pofermance of hie thereof utes ‘Cornmticd ia @ ways] Commited oly by Hatacking, resisting oF 2yemployeg fore, | seriousy A) sonously disobeying a intimidating, person in autory 4) seriously resising: and | ‘Aliack oF emeloyment | Ne Tore employed, of force must be | or person resisted is Sous and dalvarate | only agent, ony shght forcoie eed Grhis agent; ond Poge 112.0277 929099909090 ao00n09 neeeeenno90990 OQ090000N0009 20 ROANnAADDN ao ron [ATENEO CENTRAL BAR OPERATIONS 2019, ART, 152, PERSONS IN AUTHORITY AND [AGENTS OF PERSONS IN AUTHORITY — WHO SHALL BE DEEMED AS SUCH PERSONS IN AUTHORITY Direct vested with jurisdiction, whether as an indiviodal of as 8 member of some court or governmental corporation board or ne who hes the power er author to govern ‘and exzeute laws Not every pubic ofcr la person in author. AGENTS Those who, by direct provision of law, oF by leclon, or appoiniment by. competent ‘uthoy, ate chargedwah the maintenance of public ender andthe protection and securty of fre. ‘Any person who comes tothe at ol personsin auhoty. NOTE: in spplyng the provisions of Aries 148 ‘and 61 of the RPC, leachor, professors and persone charged wit the superion of pubic or uly recognized private schools, colleges and Universes, and lawyers inthe aca performance ofthe prfessional atiesor on the vecasion of ‘Suthory. (.0. No 299, and Balas Pambonea Bs, 23) CHAPTERS: ART. CRIMINAL LAW PUBLIC DISORDERS. 153, TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER Detnitio Elements provisions of Aricles 137 and 132, ‘Any person who shall cause any| Serous dlturbance in puble| piace, offce, or establishment, oF Shall interupt or disturb publ] performances, tynctors "of fathenngs, or poacetul mostings, the ea Te not included. inthe Tew pend onthe act Tie penalty of Aresto mayer i ts mediim pated to Pain sorrecdonal in ts misma perio Janda. fre not excooding Two! Funded tasand pesos (P200,000) shall be imposed upon any person fvno shall cause’ any” senous| Setubanee ‘The penaity of Aresto menor and a ne hat to exceed Forth ousand| Peron (P40,000) "pon thon ercons who in wilt, of te Provisions” contained inthe ‘act ‘use of ale 65 shall bay si pom the body of person who has eon lgaly execute PUNISHABLE ACTS 41 Causing ‘any serious disturbance in 2 pubic place, ofa, or establishment: 2 Inerrupting or dlsturbing. performances, {Unetons, of gatherings, or peacetul meeting tne 132 5 the sets not ncuded in vs. 131 3. Making any outery tncing to inte rebslion or sod ian in any meeting, association, oF publ loos 4. Displaying’ placards or emblems. which provoke a tigurbance of publ order in such Biace; and 8. Burying with pomp tne body ofa person who has been legally executes. QUALIFYING CIRCUMSTANCE oF 2 acts tumuluoos in character, ‘the penalty neat higher In-degrae shal be impose. + TUMULTUOUS - caused ny more than 3 persons who are armed or proved ith Page 113 01277ATENEO CENTRAL BAR OPERATIONS 2019 means of violence, Notes: Seriout dtubance must be plemned or intended Ie ae of esturing or intrupting 2 mosting or religous worship is cone by a ovate Inala or even by a ple ooar wha i 2 Paricpanim the meting oF rellous Worship ‘ohio ne atu or interrupts, this ere 2ppicabie ‘his crime may be complexed vith physical Injures if, in. he coureo. of causing 2 dsturbanes, fenders injre other people. {People v. Beclod, 89 Phi 621 as Bled in Reyes) Buning wth pomp means ostentatious display ofa buna DISTINGUISHING INCITING TO SEDITION OR REBELLION FROM PUBLIC DISORDER INCITING TO SEDITION OR "REBELLION et ACT PUNISHABLE UNDER TUMULTS AND, OTHER DISTURBANCES OF PUBLIC DISORDER Tay Bo done OT speech orig, Done with tent 1 Induce the hearers or readers to cori the ‘ime of rebellion oF Sedona [Tie ature ofthe speaches in bath aais are ether retoious or sedlous [Nore ofan unconecious | Dane only trough speech (outer Sutburet heh i not Intentionally ealelated to induce oars to commit euch eames ‘nd ART. 156, UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES. Definition | See Puniehabia Acts Blow Elements: | WA [Arresio Mayer and ane om Penaity | pao.o0d to P200,000 PUNISHABLE ACTS 1. Publishing causing to be pubished, by means of pening, lhoarapty er eny other ‘means of pubistion ae news any foe news lahich may endanger the publfe order. ot tause damage tothe Inioret or cect ef the Sa; 2. Encouraging disobedience to thelaw or to the. conatiied ‘uthories. or by prasing, |ustiyng or extling ay act punished by aw, bythe same moans or by word, uerances or speeches. 2. Maliciously publishing or causing to be published” any offical” resolution or Socument without proper authority, or before ‘hey have been publishes offi, and 4. Pring, publsting or dtrbuting or (eaulng the sama) books, pamphlets, peloleas ot Tesfets which do. not bear the real printer's fname, "or which are classified ae anonymous. Notes: ‘Acual publi disorder or actual damage othe ‘re of tre States not necessary. The mers Dossbily of causing such dango” or damar R.A. 248 prohibits tho reprinting, repreducion fr mpubleaton of government pubicaons nd ofl documents wthou! previous author. Page 114 of 277 0909909009099999999909 oO nernanananaono9009009990909996490 enaonananoonnoeoon BAR OPERATIONS 20 ART, 155, ALARMS AND SCANDALS PUNISHABLE ACTS: 4. Discharging any firearm, rocket, firecracker, ‘or her explosive within any town or pubic Place, calculated to cause (which produces) barn or danger 2 Insgeting or taking active part in_ any charivai or ther disarary meeting ofersive to anatrr or projudsal to put aru 3. Disturbing the public peace while wandering about at night oF while engaged in any ‘ther noctumal amusement and 4. Causing any disturbance ‘or scandal in public places while intoxicated cr atorvise provided the acl is nol covered by A 163 (mats. NoTEs: + CHARIVARI- mack serenade or ‘seordant noises made wih kates tn homs et, ‘designed to deride, Insult or annoy. arm must not be pointed at 3 person, ciharwise, fle Maga! discharge of > firearm (Ar. 254), Fer gischarging any frearm, ee, the act must produce alarm or danger a a consequence. ‘Ste result noe the ter hat counts punishable under this arte CRIMINAL LAW ART. 156, DELIVERING A PERSON FROM JAIL Es any person who shall remove trom Dofntio | any jal or poral establishment any in person confined therein ot shal hel ‘acape of seh person Person is conined inj or penal esteshment and Stender removes such person there fom or helps the escape of such parson Penalty Comited by vlence, rion, crrbery Arresto Mayor Max to Prion Comoccional Mn COtner means: Arse Mayor Surprising the guards: Same peonaties in minimum pecs APPLICABILITY OF ARTICLE ‘Applicable even if escapee is merely @ detention poner. ‘Appeal escapee came fom a hospi! ot ‘svlum as these are considered extensions of the ponat retin. POSSIBLE OFFENDERS This crime is usualy commit by an outsider. May be comet by an employes, provided thal he coos not have custody or charge of VIOLATION, INTWIDATION, OR BRIBERY + Not necessary elements ofthe offense. The coffe can be commitied by iploying “othor ‘The oflenderis penatzed witha higher penalty ihe. commits the etme using olence, Intimisation, or bboy. Bribery ae contemplated this arte th ectofbrbing somonne as a means to remove prisoner rom el not he act of accepting bbe, aBILTY: Person delivering detainee fom jal may be held Fable aa an accossory W the person helped: has commitiod teacon, murder, oF parce, becouse the person delivering sss in the escape ofthe principal ‘Apisoner who leaves canho! beheld Hable ‘nr this atl, thes 3 prisoner by final udgoment he may bo Page 115 0f277ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Fable under An, 157 CHAPTER 6: EVASION OF SERVICE OF © tthe is merely a detention prisoner, he is not SENTENCE Fable since he has no sentence to be evade, ART. 187, EVASION OF SERVICE OF ‘SENTENCE. ‘ary convict who shal evade senice| Defintio [or his sentonce by escaning during ts tho term of his imprsanmentby| reason offal judgment 1. That the offender ea convict by fal judgment 2. That hele serving his sentonce Eloments| which consists in deprivation of Wer (estore Included): and 3. That he evades the service ot his sentence by escaping during the orm of his sontance Prison carccional: Med and max Pensity | ousitias Evasion of Sentence: Prison Correcional: Max Notes: This ie continuing offense This atelo doesnot apply. to. minor 2090 2900 nneannnAasnommAaocONVan oO aao on0 creoecnn [ATENEO CENTRAL SAR OPERATIONS 2019 ‘SECTION 3 - FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES ART. 168. FORGING TREASURY OR BANK. NOTES, O OTHER DOCUMENTS PAYABLE "TO BEARER; IMPORTING AND UTTERING. ‘SUCH FALSE OR FORGED NOTES OR DOCUMENTS 1 Forging er falaiieaton ef] treasury or ating NOTESS or 2, Importation of ‘such false or CRIMINAL LAW boarer or ier an appearance of te ané ‘genuine document Felsfeaton is commited by erasing, ‘scbttuting,counteraling or altering BY ary means the igures ond Teter, words, signs ‘onlained therein Obiigaton cr securiy includes bonds ‘certcata of indbieanec, bis, national bank NOTES, — coupons, easury NOTE: Cceriesies of deposi, check, dats fot ‘money, nd swoopetskes monoy. Forging PNB checks isnot nudes under this aticle. That 19 falslation of commercial document und Article 172 ART. 167. COUNTERFEITING, IMPORTING, OR has been fatsied, ountertled, of altered is an obligation or secu of the Phippinos 2. By Prsén mayor In ts maximum pated ana a fine not ‘0 exoeec One fio pesos. 7,000,000), 1 the faliiad or altered document 8 eulating. note. issued by any banking sesocation duly autroized Penalty | bylaw to issue he same 3. By Prion mayor in its mesdurn pared and 2 fe nat to exceed One filion pesos. (P1,000,000), iF the falsifed er countreted document wae issued bya foreign government 44 By Prisién mayor is minimum petied ané ane notio exceed Fou hundred thousand pesos (400,000), when the forged or Siered document ie a cresting ‘oto or bi issued by a foreign bank uly autorzed thereto. Notes: Forging & commited by ging @ weasury or bank NOTES oF any instument payable Dot |? persion soy es, . Eaathinn messeges ane 3. Using faliied messages. ELEMENTS OF ACTS NO. AND NO.2 (2) 4. Offenser an offesr or employes of Goverment, “or “of private corporation tngaged in service of sending or receiving wireless, cable, or telephone messages 2. The offender eer 2 Utes a fetious message; or . Feleties a mecsage, ELEMENTS OF ACT NO.3 (2) Accused knew massages wor asc: ‘Accused used such fled depateh and Resulted in prelude of thre party, oF there was tent to preucee PRIVATE INDIVIDUAL, Cannot commit the frst two acts by direct pariopation unless he ls'an employee of 2 Corporation engaged in tlacommunictions 2 Can be held gully as a principal by inducement he induced such public oF government employee to perform punishable see, 3. Connection with telecommunicatons networc Ie'nat necessary to. commt thie. act Ary Page 126 0277 apa: moO DDO ooann neenanDAAARAAS onc Noan ATENEO CENTRAL BAR OPERATIONS 2018 person can beheld lala forthe use offaefied Sspatch NOTE: Current Telecommunicaon companies tke Globo, Sun, Smart ara ret contemplated by {hs atiele ae corporation engaged in sending ot Yeceving messages since no operator actually Intervenes. They merely provide the condut 0 facitate massage exchange. CRIMINAL LAW ‘SECTION 5 - FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT, SERVICE, AND THE LIKE ART, 174~ FALSE MEDICAL CERTIFICATE, FALSE CERTIFICATES OF MERIT OR. SERVICE, ETC. PERSONS LIABLE 1. Physician or surgeon, fasting a medical certicate 2, Pubic ofr, for faeiying a Detinito | corteste of mer service, good n conduct, or other simlor Sircumstances; and 3. Private india, for flying | any ofthe documents mentioned inthe ee wo ats ements | Arrest mayer in maximum period to Prion someecional nt minimum period and afi not to exceed P200,000 Penalty 4. Simlarto mer, sentoe, or good conduc 2. Thus, certificates pertaining to ownership of property are rotinguded, ART. 176 USING OF FALSE CERTIFICATES. Defintio [The use of a fasted document m rontoned inthe precoding alle 1. Gane in A174 hasbeen commited by nother person Etements| 2. Offender knew of the flied ratio of the cenit ane 3. Oflender used such flee eat Penatty [Arrosiomenor scope 4. This ate only applies to use ofthose aeified ocuments covered by At. 174 2 Ths aricle applies, oven if the faliiod ecuments were used in audi proceeding Page 127 of277BAR OPERATIONS 2019 ‘SECTION 6 - MANUFACTURING, IMPORTING, ‘AND POSSESSION OF INSTRUMENTS OR. IMPLEMENTS. ART. 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR PALSIFICATION [Any person who sha! make or rode int tho Piippine islands any stamps, des, mae, or ober Definito |instrmarts or implements ilended ” i9be used inte commision af the Dflenses of counterteing or falsiieaton " mentened in th| preceding sections of this chapter. ements | ia CRIMINAL LAW CHAPTER 2; OTHER FALSITIES SECTION 1 - USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER USE OF NAMES, UNIFORMS, AND INSIGNIA ART. 177. USURPATION OF AUTHORITY AND. OFFICIAL FUNCTIONS. [Detinitio [Any percon who, under pretense of fs oficial poston, shal perform any et pertaining to ary person in author or pub offer, without being lawful ented io da so, Elements | Nia Penalty | Prison creceionel min and mes Pon coracsional: med and max| and fine not o exces 00,000 Penalty PUNISHABLE ACTS 41. Making or iniroducing into tho county, implements and. instumente for ounterfelingfalsiication; and 2. Possessinaitems made or mooedby anather person, wi intent to use the sae ‘2, Ineludesconstustve possession ans eer actual ovnership or mare coneal IMPLEMENTS CONFISCATED 1. Not necessary that they form a complete sot foe covntereing: and 2, Enough that they may be employed by rhomelves or agether wih other Implements io carmst the rime of countereting of ‘ssicaton, PUNISHABLE ACTS 1 Usurption a author —xrowingly and falsely representing ones is be an offer, ac ‘2 More act of knowingly and. flsly representing oneset to be an ofer, ete Iesumient b. Kis rot necessary that he performs an act 2. Usupaton of of fentions doing any act peraring to any public officer, ol wihout being sulhoied to 800, ‘2. Easental thal clfender shoud have performs act pertaining to pub oer REPRESENTATION 4. Must be postive, express, ans oxpliet 2. Must represent offesre named in arte, and notjustany athorty gure and {3 Representation may be shown in acts, and nat PLEASE SEE SPL REVIEWER ON RA. 9194:AN ACT AMENDING REPUBLIC ACT NO. 9160, OTHERWISE KNOWNAS THE =| ZANTic MONEY ALINDERING | Hust wor, OFFENDERS, 41. Tas artele may be vested by both private and publ oer, NOTE: This rele does not apply to occupant under ‘color of tie. A usurper (8 “one. who inireduces himeal inte an ofice that fs vacant Ot ‘who, who color or, oust the incumbent assumestoaclas an officer by exercising some of Poge 128 01277 oreOO OO AAanrconao oO caAcnn BAR OPERATIONS 2079 ‘he functone ofthe oe.” (People v. Buena, et al, CA, 720.6. 364) CRIMINAL LAW ART. 178, USING FICTITIOUS NAME AND CONCEALING TRUE NAME. PUNISHABLE ACTS Using flious name and 2 ancosing we rane onc otter personal ELEMENTS OF ACT NO.1 (3) Offender uses a ttous name: ‘Such name uses publ, Purpose is 2, "Conceal a crime: Evade sxecuton ofudgment oF ©. Causes damage to pubic intrest. NOTE: If the purpose is for causing damage, it rust be damage to pubic interest. tis damage {eprvate terest, the cimewilleestve under At 516, subdivision 2, pe. (2). ELEMENTS OF ACT NO.2(2) 4. Oflender ‘conceals true name and other pereonalcteumstances; and 2. Purpose isto conceal identity. FgTITIOUS ‘CONCEALING |__ NAME _TRUE NAME, lament of publi | Publaty element nat rust be present; and 3 | necessary and Ory 1 possible. purposes | purpose conceal tu anoeat crime, evade | ident execution ots Judgment, and cause damage to publ Nore: INSTANCES WHEN A FILIPINO CITIZEN RESIDING IN THIS COUNTRY CAN USE AN ALIAS LEGALLY (RA NO. 6085): 4. As a psoudonym in cineme and other ‘entertainment fils 2, “Asa pon name in fterary compostion or 3. As 2 Bsoudorym in television and radio. broadcasting Page 129.277ATENEO CENTRAL BAR OPERATIONS 2019, ART. 179.ILLEGAL USE OF UNIFORMS OR INSIGNIA ELEMENTS (2) 4, Oflender uses an insignia, uniform, or ares: 2 Such petans to an offes ot hal by offender (oF a dass of persons of which he Is not @ ‘member ane 3. Used publ and improper INSIGNIA, UNIFORM, OR DRESS 1. Genuine insignia, uniform, oF ress Is not rneoassary. OMlander can wear animation and St be able. 2. An exactiitaton not necessary for ae long ‘hare Ig 2 colovable resembianes luted to daceive th general publ 3. Must perain fo an actual officer or class of persons, The person ent Habe tne negra, lunforn, or oress pertains to an imaginary office orclass, ‘SECTION 2 FALSE TESTIMONY FALSE TESTIMONY - commited by @ person who, boing underoath and roquved to tetty as 0 the tuth of @cartan mater 9 hearing before 2 competent authoriy, shall deny the utr or say Something conta Yo ART. 180, FALSE TESTIMONY AGAINST A DEFENDANT ELEMENTS (4) 1, That here bea erimina proceeding 21 Oftnder testifies falsely undor oath ‘2ainst he defendant there 3." Offender knows that te false and 4 The "defendant against. whom. tha false testimony 1s given fe either acquitted oF ‘convicted inns agen NoTes: 1+ Violation of tis attile requires criminal Intent Hence, itcannat be cotiied ous negligence. +The offender need not impute guilt ypon the cused fo beable, +The defendant must at last ba sentenced to srrectonal panally fine of mist have boon acquitted +The witness who gave flee testimony is Halo ever he cou ais nat conelde is ostmony. + Penk depends upon sentence imposes on the defendant except the case o Judgment of acquit CRIMINAL LAW ‘+ Since Art. 180 does not preseri the nally Where the defendant in 8 criminal casa Sentenced to a gh penaty, false testimony in ase of alight penalty cannot be punished, [onsidering that a penal iw rast always be Sly consid ART. 181. FALSE TESTIMONY FAVORABLE TO ‘THE DEFENDANT Testimony by negatve statoment is sil in favor ofthe defendant Fale testimony i avr of dafendantnaed not recy intuence tredesision of acquittal no Doneft the defendant. The inten 10 favor etendart i suffer. [statement of mere opinion isnot punishable, Conviction or acquital i not necessary (fal doment isnot necessary) out gravy of trme in pnepal case shoud be shown, Dufondant who falsly tested in his own behalf by falsely imputng to. some. other person the commission of grave ofange in riminal case ls gully of flee. Yoetmony Tavourabla to the dtendant Resiicaton made spontaneously ‘alg mistake fs not alee testimony. ater ‘ART. 182. FALSE TESTIMONY IN CIVIL. CASES. PUNISHABLE ACT Giving ase testimony in ach case ‘anette plan or the deensant ELEMENTS (5) Testimony i given in a cui osse; Is related tothe sve prosante ‘The testimony ease: Is gon by he defendant whoxnows ito be false; ana The testimony is malicious and with intent 10 tect the issu, iter for oF ART. 183. FALSE TESTIMONY IN OTHER ‘CASES AND PERJURY IN SOLEMN AFFIRMATION. PUNISHABLE ACTS 1. False testimony under oath in a proceeding ther than uci: and 2, alae atau ELEMENTS (4) 41. Statement underoathor avi upon materia Page 130 0277, SA AAA AAA noo an OROAR00 aacARnaAnAnongog 3.90090 90 maanenrancanocadsoosn ATENEO CENTRAL BAR OPERATIONS 2019 2. Mads bofore a compstent ofcer authorizes feminist such oath 3, iu and detberate assertion ofa falsehood 1. Perjury cannot be wilful where the oaths saccoreng to bel or conviction as ts truth udge Pimento! Notas p.78) ‘uel appear thatthe accused knows his atement to be flee oF consciously Ignorant of ts rath (Momfort i. tv Siva, GR. No. 162201 2007) nd 4. Thatthe Information given’ aquired by aw. ». DEFINITION OF TERMS 4. OATH any form of aestaton manifesting @ ‘comment 16 perform an act fly ane ‘ral. 2. AFFIDAVIT — a svom statement in wing ‘made before an authorized oftcer 3, MATERIAL WATTER = the min fact the suoject of Inquiry or creumstances which tends to prove the fot, 2 Logtimataly affects the credit of any tnnece who testes: or ', Stonghens orcorsborates testimonies COMPETENT OFFICER 4 Parson who hss righ to inquie ito the ‘queso prasenled to. him under hie [Bnecteton: 2,. Nopesuny not competent authorty. REQUIRED BY LAW 44 "There a law requiing ty OR 21 Tho statoment or document Is made for legal purposes; ena 2. RB suffcent that the oath hac been ‘dminstred wih 2 view of carying into foc 2 legal purpose. MATERIALITY 4, There must be competent. proot of the ‘material ofthe false testimony. 2, Matter must not simply be pertinent, that is, Felating to colateral mattrs which make more Grless probable the propostion at seve. 3, mst be mater, thal, dirocly proving or proving aft atissue 4, No perry I false imputation in testimony or ‘fidavt were not on material mater, ‘The assertion must be deliberate and wilful [Amore assarion of faba ebjeclve. Tact, a falsehood, a not enough. “Wil means Intentonaly; with ev intent and legal maa, with the consclouenass tha the alleged perunus Statement f fate wth the inten hak Should be Foosved as a statement of what was Yup mn fact CRIMINAL LAW, “Delberatay’ implies meditated, 28 datngushes from inadvertent acs. (Judge Pimento! Novos p 29) 'SUBORNATION OF PERJURY 1. Knowingly and wily procung another to ‘ea alsely 2. Not expressly punished in the Revised Penal Code, but fender may be lable aa princpal byinducernone Nore: Probate a a wills near cx no erin. Thus i [sot covered under thi, even If one in court and ‘onder oath, ART. 184, OFFERING FALSE TESTIMONY IN EVIDENCE ELEMENTS (2) Offered in evidence flee vtness of estinony Offender know of fais and During judicial roca proceedings. NoTEs “This article applies when the offender, without Inducing anlar bal nang him to be 2 fae laine, presented hm and th fae Tosti {otselyin' dels! or ont procseaing ‘The felony is consummsted the moment & {alse winessis flere in any jul or oficial proceeding. Looking for fale witness Is not punished bylaw ab tht fs not offering a fae ‘The alsa winees need not be convicted of {also testimony. A more offoro present him is sufelon Page 131 of 27ATENEO CENTRAL BAR OPERATIONS 2019, (CHAPTER a: FRAUDS ‘SECTION 1 — MACHINATIONS, MONOPOLIES, ART. 185. MACHINATIONS IN PUBLIC "AUCTIONS. PUNISHABLE ACTS 1 Saliting glo ran fom taking part inp fucton: end 2. Alompting to couse bidders to stay amy from ELEMENTS OF ACT NO.t (4) Public auton ‘Accused soled gitspromize of sts Inconsideretion offing rom taking pain ‘he auction nd 4, lente to cause reduction ofthe price of the thing cones ELEMENTS OF ACTNO.2(4) 1. Pubic auton 2. Ofender: atom to cause the bidders to ay away. 3. Means: threats, gis, promises or any other ‘efce: and ACTS ARE FORMAL CRIMES 1. iis not required that the person_making Proposal actually retains from taleng pat Ih ‘any public auction. The ere fa comted by more soliton 2. Wis not required tat the person accest the fer‘ git Tho chime ie consummated by mere offenng ‘of the gif or promiee. in Consideration of retaning ta tae pat (ARTS. 166, 198, 199 ARE SUPERSEDED BY THE INTELLECTUAL” PROPERTY cove} CRIMINAL LAW, SECTION 2, - FRAUDS ART. 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR ‘OTHER PRECIOUS METALSOR ALLOYS ARTICLES OF MERCHANDISE INVOLVED. old; Siver, Precious mals ane Alloys. ELEMENTS (3) 4. Offender Import, sells, or disposes 22 "Stamps, brands, or marks fail to indicate the ‘actual finanaas or qual, ans 3, Ottender knows of sue faut nda ‘SELLING, DISPOSING, AND IMPORTING isnot necessary that sch ams aro actualy sold and puble actually deceived, before one ‘an be liable under thie ate 2. one t charged with importation, there mus be poet that tom was in fact mparted OFFENDER 2. The aries nol apsleabia to the manufacturer of ates of gol, slvr, es. He ‘stable for estat, ENO OF TOPIC Page 192 01277 cana aea Cc ATENEO CENTRAL _ BAR OPERATIONS 2019 CRIMINAL LAW, c € 10 OPIUM AND 07 PROHIBITED DRUGS € PLEASE SEE THE SPL REVIEWER ON RA. G ‘9965 AND ITS IRR G CRIMES AGAINST PUBLIC MORALS c PLEASE SEE SPL. REVIEWER ON PD. 1602 PRESCRIING STIFFER PENALTIES IN c LEGAL GAMBLING. (Repealed Art 195-199 RPC, PD. 489 Botting c Law, and P.D. 449 Cockigning Lew insofar 2s thy ar inconsistent with 1). c ° °C 6 oC o C C ie coon Page 138 01277 nT[ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL. LAW PENALTY ‘PUNISHABLE ACTS Prision — comecsnal ‘medlum of ine ranging {fom P1000 19 P6,000. In e280 of recite: rion mayor medium fr fine ranging. trom 5000 190,000. T. May parson wh shal divectly of Indirectly takes part any Wega or ‘nauthoreed acivies or games ‘a. Coctighing, juieng, staal or horse racing to. incda bookie ‘operations and game feng, numbers, bingo andother forme of ats (Caray ou, pompang and the ke; 7-11 and any game using doe; Black "jack, lucky rine, poker andits derivatives, monte, baccarat, cus, panaguigue and other care games; 2. Pak que, high and low, marjong, damine and ether games using Plast es nd the ike f.Stotmachins, routs, pinbat and over mechanical contraptions ‘and devices ‘9. Dog racing, boat racing, car acing and oher forms of races: Fh. Basketbal, boxing, voteyball, bowing pingpeng and othe forme. cf individual or team contests to include gamotang, pot shaving ‘and other machinations; and |. Banking ocpercentage game,or anyother gama or scheme, wheter upon stance or sil, wherln wagorsoonelting ‘of money, aries of value‘ ropresentatve of value aco al stake frmader and ase 2. Any person who knowingly permits any frm of gambling nan ifatte or ‘uninhabited place orn any buldng, vessel or other means of ransporaon ‘onned oF controled by hi. Trion — carearaT ‘maximum, "fine of 5,000 7 Aiy person who sha knowingly pari gaming a a place wih repuiaon ot ‘2 gambing pace, o that prohted gambling requary cared on therein, ‘na pub or goverment busding o barangay hall an 2,_Msiniainer or conductor of above gambling schemes. ‘ris mayor, medium, tempor absolute ‘equalifesion or fins 1 P5,000. if iniiner, conductor, banker of gambing schemes: payer, promoter, FSO. lump, judge or coach incase of game fing, pint shaving and machina Is a government official. sion coneeconal “med or fe of PAOD toP2,000 “Any parson who Fowl ard wihou lav purpose possess ote Tl paper, ‘or otter matorcontaring eles, figures, signs, or symbols pertaining to oi ‘any manner used in games of jueteng jal, or horse racing bookies, and Si gas oflaeesaré nares ich ae ken ana raat Temporary abscite isqualeation ‘Barangay offclal whe wit he knowledge of existence of gambling housepiace In is jadi fal to abate oake econ ‘Prison cowebional maximum or tne of P5000 2,000 ‘Secunty offcer, watchmsn, priate or house doioaive of Hotes, vlages, buldngs. enclosures, end the Ike wich have the repulaion ef gambling or where gambing actives are bsing held Page 194 0f277 qgaaqnf% amaonnaa ormraasaaqg anonooaccaerrnagcaTtn Cc [ATENEO CENTRAL BAR OPERATIONS 2019, CHAPTER 1: GAMBLING AND BETTING [GAMBLING ~ any game or scheme, whether upon ‘hance or sil "wherein wagers consisting of ‘onay, acl or value or represanave of value (reat stake or made, [MAINTAINER — porson who sos up and funishes the means wth which to cary on the gambling (gama or scheme, ‘CONDUCTOR - person who manages or caries ‘on the gambing game or scheme. Nores: 4. In PD. 1602, playing for money is not a necessary element to the game for one to Commi 2 erma, When the law names the games, punishing any person whe takes part TReren, ts purpose isto prtibet sbachtely 2. Amere bystander or spectators not rinally able because he doesnot direct orincacly ‘ake part 3.°R game or scheme is punishable even if ‘winning depends upon Skil aslong s'wapers (consisting. of monoy, artes of value of representative of vale) areal stake Or made, 4. Prof that game took place or is about to take place 's not necessary burden of evidence is Shed to accused o show hat his possession = lawl ors no! connected wahjueleng game: ‘ul prool lo the contrary by prosecution Is necessary when jueteng Isis dttin to games played on dats oer than the date ofthe a. PO. 519 has oulawed pinball and slot ‘machines and other similar devioes_and Pulifed all permits andor Hienses to operate ‘he same ELEMENTS — KNOWINGLY PERMITTING GAMBLING TO BE CARRIED ON INA PLACE OWNED OR CONTROLLED BY THE OFFENDER: 1. That a gambling game was carried on in an inhabitad “or uninhabled place or in any bulling, Vessel” or other means of Lansportaton 2. Thatthe place bling, vessel or othermeans cof transportation is owmed or controtod by the offender an {3 Thalihe offender permitted the caring onot such game, knowing that is @ gambling ame CRIMINAL LAW LOTTERY ~ Scher forthe distibuton of prizes by chance among persons who have pal, OF greed to pay a valuable consideration fr the Chance to obiain a prize ELEMENTS - LOTTERY (3) Gansideraton ‘Ghenee; and Przaladvartagetinequsly in amount or value ‘ac sin the mare of ree. Note: te a erlminal caso (US v. Olsen 36 Phil. 395), thre no lottery where a parson gis the ul value for his maney, and the winnong ef price la merely incidetal. Buin a cvileas (EI Dobate.Topacio, ‘44 Phil. 280), tho ndueemont town prize the ‘reason fr the purchase than even I fl value for ‘money fsreceved, ts sl tery. ILLEGAL NUMBER GAMES - any form of legs! gambing activity which tees rumbere Or combinations there astactos in ging ‘ul Jackpotspdzesfetums. Wk includes games such a uetang ard masiag, Nore: RA S267 Increased pensiies for Hegel number (ames, amending corain provisions of. 1602 ART. 196. IMPORTATION, SALE AND POSSESSION OF LOTTERY TICKETS OR ‘ADVERTISEMENTS. PUNISHABLE ACTS: By srparting ilo the Phigppines fom any foreign place or port any totary Ueket or ssvareemens; 2. By seling "or ieribuing the some in connivance with te inperter, 3, By possessing, knowingly and wth intent to use etary texts or eavertsaments: and 44. By sling or strung the some wihou ‘connivance wits the mperter. Notes: + The possession of any lottery teket_ or advertisements ima ace evidence of intent {osel, datibute ocuse the same + The latory tickets need not be genuine, a= tong as they have the appearance there Pago 135 027ATENEO CENTRAL ‘BAR OPERATIONS 20 pe E SEF SPLREVIEWER ON 2 D. No, 483 BETTING, GAM EDXING OR POINT-SHAVING AND MACHINATIONS | ART, 198, ILLEGAL BETTING ON HORSE RACES PUNISHABLE ACTS: (OURING PERIODS NOT ALLOWED BY LAW) 4 Bybatting on horse races; né 2. By maintaining or employing atotalizer or ‘ther device 0 scheme for bell on races oF Fealang prot hereto, TOTALIZER - machine for registering and indicating he number and neture ofbets mede on horse raves + Tho. penalty is higher for a porson who employs a totalizer or oer device + Hots races are not stowed on: (a) sune 120% ofeach year, (0) Dee 30thot each yor, (6) Any fegistralon ‘or voting days and. (a) Holy ‘Thuteday and Good Feta ‘+ Tho roca Feld on the same day and atthe sane. place Is punishable as" 2 separate tense + Horse races may be carted on st any ime or place, and prizos or gifts may bo ofeed, ivan frp, to Ine winner in said races, proved IG at secampanis by any beting, or hese of toaizer er other devices for bating PLEASE SEE SPL REVIEWER ON P.D_ 449 COCKFIGHTING LAW of i978 CRIMINAL LAW ‘CHAPTER 2: OFFENSES AGAINST DECENCY ‘AND GOOD CUSTOMS ART, 200, GRAVE SCANDAL, [Grave Scandal consists of ‘acs uhh are offensive fo decency and {ood customs which, having besn| Defi | Seid pate th de ‘ecto scat porens eno hove sesdonshy wines "ba 7. Tat te fondo pra on ms | 2. Teeth sce ve gh Pat nna og carey oF god cst mente] Tet be, Ng sees conduct does nol expressly fll ‘within any thor artele of the RPC and 4. Thal he acts complained of be committed in 2 publ place or lwanin the pute knowedge or Penatty | Arosto mayor and public censure DECENCY = propriety of conduct; proper observance of te requvement of modesty, good CUSTOMS - eslaished usage, social Conventions carted an by taciion anc enforced by Social dlsepprovalotany volstin there. NOTES: + The publ view i not requied. ts sufiont commited in pub place + For being commited “wihin the public knowledge, it may occur even in 8 private the numberof people who sees ft not capt when seen by enly one other Berson at right ths negating the dogroe of publicity requires. + Tho essence of grave scandals pulley and thatthe ace commits are not enly contrary tomorals and good customs bul must kewise be’ of such character as to cause. public ‘eanda! fo those winsasing i Page 196 of 277 a97090 poannanAD ao aAracanenanosesean0 OF900900O97AIT9 Ogads ooTo COoOOR RAN rT ATENEO CENTRAL BAR OPERATIONS 2019, [ART. 201. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS PERSONS LIABLE: 1. Those who publicly expound or prociaim doctrines openly contrary to pubic moras 2. thors of obecone Rtorature, published with thelr enowtedge In any form 3. |” Ealtors publishing such obscene leratre 44 Owners or operators of establishments selling obscene itoratur 5, Those who exhibitindecentormmoral lays, scenes, acs or shows in theaters, fe, ‘nemas oF any ober pace, ane 6, Those who sell, dlatibute, or exhibit prints, engraving, sculblures or erature, whieh are tensive to moras OBSCENE LITERATURE OR IMMORAL OR INDECENT PLAYS, ‘SCENES OR nets": 1. Those wie glory criminals or condone ees 2 “Those whien swe no other purpose but Yo sally the market for wolenee, Wst_ oF pomoarechy 3. Those high offend agsinst ary race or 4, The whieh tend to abet the tafe and the Use of pronibed drs; and '5.:Thaeo thot are convary tlw, pubis err, morals, good customs, established plies, fail dor decree and ees ‘TEST OF OBSCENITY: \mather the mater has 2 tendency to deprave or corrupt those whose rings. are open to such immoral woences. A" mater ean alse be Considerec obscene ft shocks the oxdnary and ‘common sense. of men as indocency. (US v otinger, 45°F 352) OBSCENE is something offensive to chest, aconcy ° dalicacy. NoTes: ‘+ Publicy Is an essential element. + More outst in paintings and pictures Is not cbecene + Pictures wit sight degre ofobsconity having ro tale valoe and. being intonded. for ‘commercial purposes fal win he art, +The author of abscene Heratre fs babe only van iis publlened wit he knowledge And In every case, the edtor publishing itis kale, + Dissominaton of abscene material is CRIMINAL LAW, necessary, but henumbar of times tis pases tn is immaterial. Once fs enough, ‘+ The purpose af the law in punishing obscene publeations and exnibvonsis to protect the morale ofthe publ, Penalty: Prision mayer or fine ranging from ART. 202. VAGRANTS AND PROSTITUTES. NOTE: R.A. 10188 has deciminalzed vagraney by amending At. 202 to punish prostitutes only Upon efectty, all pending casas. shall be damised, ada hose serving te for vagrancy shall be released PROSTITUTES - Women who habitually induige in (1) semua intercourse o (2 lasclous conduc. {for money or prof. Penalty: arresio menor or a fine not excosding “Twenty thousand pesos (P20,000), and in case of recldvem, by arresto mayor n ts medium period {o prion corectional in Hs minimum peloe & © fing. ranging. from” Twenty thousané pcos (P20,000) to Two hundred thousand pasos (200000), orboth inthe leon of the court | PLEASE SEE SPL REVIEWER ON RA. 9208, ANTLTRAFFICKING IN PERSONS END OF TOPIC Page 197 0277ATENEO CENTRAL BAR OPERATIONS 2010 ‘CRIMINAL LAW GRIMES COMMITTED BY PUBLIC OFFICERS ART. 204, KNOWINGLY RENDERING AN. Aram ontenaucomeeRs mae a aa may feousmes: Pa 2) rome se ora ors er Se Ee suave government or any of ils branches; and Elements decision; Penalty | spsolute disqualification ora: a) foe earn maar) | Bulent ace a reales eee eee ee MISFEASANCE cannot likewise serve as basis for rendering an —— ecctracie ts ee [poe eae, haere eupere oe series Krowingly endeving urs! judgment FRendorng judgment vough negigencs: FRendoring unjstinolocutar order, ond Malus dey inthe admintraton of justice NONFEASANCE: Deralicion of dyn prosecution of ofenses MALFEASANCE: 4. Direct berg, and 2 indoct bbary. SECTION 1, - DERELICTION OF DUTY Page 138 01277 Anan eorraeqaqnensanaNAD9AIAA aera annannon0 JAAAAYRTS Oo0700 3 a TOOa oonogong r COC ATENEO CENTRAL BAR OPERATIONS 2019 ART, 205, JUDGMENT RENDERED THROUGH NEGLIGENCE [Any judge whe, ty reason of inexcusable" “negience or Ignorance, shal render a manifestly Unjust judgment in ony case submits tohimfor decison Definitio eM) 4. Thatta ofonderis 2 dude [2 That he renders judgmont in a Case" submitted to him fr Seesion q 3. That the jodgrentis Manifesty unjust, ane ‘Tat tis ue to Inexcusable| negligence or lnorence, ‘Aesto mayor and temporary Penany | speciat isqualtcation MANIFESTLY UNJUST JUDGMENT — manifest contrary to law that even person having meager knowedge ofa cannot deus the inusie, ‘Abuse of ecreton or mere erarefjudgmentis nat punishable ART. 206, UNJUST INTERLOCUTORY ORDER ‘Any_udg@ who. shall knowingly Fender a ulus lneloosory Ge fr decree or who shall render @ Manifest unestinterfocuory oder byinexcusabie negigonce KM (2) AL That the offender is 9 Judas: 2 That he performs ony of the lemente| lowing acs Elements 4. \Gnowingly renders an unjust Ineslocutory order oF decree, b. Renders 2) Manifest unjust Interlocutory order of docree| trough inexcusable naglgence orlgnorance, Aires mayor ie minimum poiod ‘2nd suspension; but lhe sha have ‘te6. by reason of inexcusable aglgence ‘or gnocance. and. the| Penalty inieiocuiory order or decree ba| martesty unjust the penalty shall be suspension INTERLOCUTORY ORDER - one issued by the our dectdng@ clateralorncdental mate: Re ota fal determination ofthe isues ofthe action or proceeding. Note: “Test n determining whether an order or jsgment Isineloewory or fal “Does itleave someting to be donein the tel court wih reaped! to the mons ‘ofthe case? If oes, Is ineteutoy, Hk does al ts a Example: An order granting preliminary injunction ‘ran over appotning receiver isan ntroeulory rer ART, 207, MALICIOUS DELAY IN THE "ADMINISTRATION OF JUSTICE, Definitio [Any judge gully ofmaisous dlayn a the administration ofjustee JPM (8) TP athe otendas is dune: 2, ‘That there fs Brocaeding in is court 3. That he Dalays the administration ofuste: and 4. Thatihe lays Malicious, tat Is, the delay 1s caused by the Juge win Gelberate inten to Inlet damage on ear party in the case, Elements. Prisén coreccional in te minimum Penaty | rece NOTE: Mere dolay without malice is not punishable Page 199.027[ATENEO CENTRAL BAR OPERATIONS 2019, ART, 208, PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE [Any public offesr, or oficer of ta aw, who, in dereliction ofthe dues | penile | 0 ofce, sll matclousy retain 7 {rom inttuing prosecution for th| Punishment of alters ofthe lam cr Shot tolerate the commission of ofenses, 1 That the offender is = public fice oF oer of tha lav who has a. duly to cause the prosecution of, of to prosecute ‘ensee 2. That there is dereliction of the ules of his ofc, that is Elements| knowing the commission ofthe ime, he dove not cause the proseellon of the ermine of rowing that a crime is about be committed he tolerates commision: and 3, That the oflender acts wits | malice and deliberate Intent to {aver the volar ofthe aw Prin ooresclonal ie mina Penalty | period and suspension PUNISHABLE ACTS: (2) 1. By. malicously. retaining from Instutng proscouton against ators oF te law ane 2. By maliously tolerating the commission of mio can be offenders n At. 208, 1. Officer ofthe Law neues alinose who, by feason ofthe poston held by them, are duty bound) to cause. the prosecution and punishment of is elenders 2. Public Officer — extends to offioare of the prosecution department, whose duly is to intutsciminal proceedings. for eonies ‘ing informed of tar perpetraton, Notes: 1, PREVARICACION is the negigance in the proseodton and tolerance cotenssion of an ofence. 2. There must be a uty on the pat of he pubic offcer lo prosecule "or meve forthe prossoxton ofthe eflender, However, 2 fal SS under na compulsion to file an Inermation CRIMINAL LAW bbasod upon complaint he is convinced that {he evicence before him is ineufiient 0 warant fling an seston nooo 3. The etme must be proved fest before an coffee can be convicted of Serettion of duty. It the quit of te aw violator isnot proved, te person charged with the dertction of duty Is hot ao, 4. "Mlisoush/ signifies deliberate evil intent 2 detection of duty causes by poor fadgment ot honest mistake fot punishable, ‘5. A publ offeer who harbors, conceals, or assats Inthe escape of an offender, when ite his ly to prosectta him, ible ae principal in the crime of deracton of duly in he rosecuion of oforses. He isnot an ‘oaasony 6. Tr aipromise Is 9 conslderston for nis conduc, te crime fs dectbribory uncer An. 210 ART. 209. BETRAYAL OF TRUST BY AN [ATTORNEY OR SOLICITOR" REVELATION OF SECRETS PUNISHABLE ACTS: (9) 4 Causing damage a lent eer 2. By any malicious breach of professional uy, ._By inexcusable negligance or ignorance. Damage fs necessary 2 Revealing any of the secrets of his tient tearrad by him in his pycessional capocy. Damage is NOT necessary 3, “Undertaking the defense of the opposing ‘pry inthe same case, without the consent of fis tet elent ator having unceraken the etonsa ‘of "a clent or having received ‘confer nformaton from sad lent. the lent coneens tothe atormey's taking ofthe Setense ofthe oter party, here sno cme. Page 140 0127 299490000 oo0onn9000e9 o0 oon0 araenneanANAAVWIS a0 oO aqggoon TROAOA On00 cCroen [ATENEO CENTRAL BAR OPERATIONS 2019, ‘SECTION 2. - BRIBERY ART. 210, DIRECT BRIBERY PUNISHABLE ACTS: (9 By agreeing to peri, oF by pedoeming, in cconsderaton of any" oles, promise, git oF presents an. act constituting. 2 cine, in connection with he performance of is offal ‘utes = Aczepiance ofthe offer or promise is enauch to consummate the crime. the afer nol ‘copied, ony the person afering the ie Table for atempod corupton of a. publ ofcer. = Git must have 3 value or be capable of Pecuniary estimation. It could ben tbe frm of ‘one, propery oF service. 2, By accepting «gk h consideration of the fexecttion ofan at which dans nt conetiite § ere in connection wits te performance of his ofeal duty ane 3. By agreeing to reifaln, or by retain, trom doing something which itis Ris ofclal duty 10 4p, in considereton ofa gio promise, + Provatcacon dtinguished fem rbon: Differs from bribery in the sense that the lender rerained rom domg his ofa duly Inconsdereton o 2 git reowed ot promised prevaieaion ELEMENTS: (PARE) (4) > 4 That the oftender be © Publ officer, 2 "That the oflendor Accepts. an. offer or promise orreceivesa itor present by hse Sr thvough another 3, That sith offer or promise be accepted or gitoresent Received by the publi oes ‘2. Witha view io commiting ome cme; OR 5 In conlderaton of an execution of an ach ‘ani does not consti a rime, But he at ‘ust be unjust, OR © To retain fom doing something which i his oficial duty odo; 4. Thal the act which the offender agrees to perform or which he Executes be connected ‘lth the performance of is offi dts. ‘TEMPORARY PERFORMANCE OF PUBLIC FUNCTIONS. MAKE THE PERSON A PUBLIC OFFICER, ‘or purposat of his arte, temporary perfomance of publi functions is sutiion 10 Constite a. person a publ fleet A. pate peroon may commit the os ony inthe ease whieh custody of prisoners entusted thm ‘CRIMINAL LAW BRIBERY EXISTS WHEN THE GIFT IS: Voluntarly fared by a pivata parson: 2 Solisted bythe puble oficer and velurtrly Selves by tne private person: and 3. Selisted by the public offen bul the private person deivers It ott of fear of the Consequences shou the pubic officer perform hisunetons, The era bythe givers fot corupton of publ effials due to hie Involontariness Bribery Prevaricacion th canst of aniatons ado an actraqured To] be poformes A gift oF promise is [Not necessary sien in Eoneidraton of ADDITIONAL ELEMENT FOURTH ELEMENT: The act which the publo loffeer agrees io perform must ba connected with the performance of official duties. iis enough thatthe act spat of he established procedure of [ Baibery TART) | Robbery ART. ay] ‘Wn the visi at when the victon has | not comm rime commited a crime and [and he is ‘Ghee maneyigit to avo | intimidated with Srrestor prosecution. | arrest andlor prosecution ‘epee him of his personal property. [Win pars wits | Visine deprived of] money "or ‘propery | hs money oF voluntary, rope force Page 141 0f 27ATENEO CENTRAL BAR OPERATIONS 2019 ART. 211, INDIRECT BRIBERY Defintio [any publ ofcer who shall accept a ois ofered chim by reason oth otic. Elements] (PAB) (3) 4. Thal the offender i @ Publi : officer ‘Thathe Accopts gifts; and 3. That he said ats ae offre to him By reason of his office [Penany | Arresto mayor Notes: + The article uses the words “gi” and not premise," and "accept not ast ereceve™ Tho gi gven in enbcipation offre favor from the publ offewr. Thar must be clea intention onthe pert of the public ‘officer fo take ihe git oflered anc consider the property 28 fis own for at moment. Mere.” physical” receipt anaccompanied by anyother sgn ‘reumstance or act show such aecepance 'S not ouflon to conve the offer. bribery. [DIRECT BRIBERY | INDIRECT | BRIBERY in both, public oficer receives a git | Thore isan Usually no such agreement ‘agreement betwoen the public offiear and the giver Officer agrees to | Notnacoséary that perform orretrain | the officer do an act from doing an act | aslong as he accepts gifts by reason of his afice CRIMINAL LAW ART. 211-4. QUALIFIED BRIBERY ELEMENTS: ER "That he oflenders a public oficer Enicusted with law enforcement, 2, That he Refrains from eresting! prosecuting an offender for crime punishable by reclusion Perpetua andor death as 3. Imconsideraton of any oer, promise’ git. ART. 212, CORRUPTION OF PUBLIC ‘OFFICIALS. Definitio ‘any person who shallhave made te] fas a peomses ot gen ihe gi or presents aa deserved in tho preceding articles Elements 1. That the offender makes offer cr promises or gives ais or prosonis io publi offcer, and 2, ‘That te offer or romisee are made or the gis" or presents {ven to a pubbe offesr, under rumstances hat wil make the public offcer table for arect| bribery or irae bribery. Penalty Amesto mayor Notes: The offender is the giver of the git or the feo’ ofthe promise. The aet may er may nal be accomplished Under P-D. 749, givers of brbes and athe gis 83" wel a aocomplioes in bibery and other araft cases are immune from prosecution ‘hey voluntarily give any information about any ‘commssion of est, indect, and qualifed Dibery, and any corpo of puble ofa, provided that 1. The information must cefer to consummatee violabons ‘of any" of tie aboveementoned provisions of law rues and reguatons 2, Information and many are necessary for the conviction ofthe accused pubic oto 3. Such information ane esimony. are not possesclon of the Sat; 4. Such information and testimony canbe Cooberated cn ts material pins: and 5. Informant or wt res has not bean previously conveted ofa orm volving mora pads, Page 142 0f277 onan a9nana4A AAA aoneono anecenn ano90 oomcogqogo0orncna009n aan one rPecr [ATENEO CENTRAL BAR OPERATIONS 2019, PLEASE SEE SPL REVIEWER OW RA. NO. 3019 ANT-GRAFT AND CORRUPT Lepactices (CHAPTER 2: FRAUDS AND ILLEGAL ‘TRANSACTIONS AND EXACTIONS. "TREASURY AND SIMILAR OFFENSES A. FRAUDS AGAINST PUBLIC TREASURY ELEMENTS: (4) {1 Thalthe offender be 2 pubic ofcer; 2 That he shoud have taken advantage of tis offic, hati, eintervened int traneacton ih his ofeileapacty. 3, That he erred into an agreement wih any intrested pary or specultor or made use of any ater scheme with regard to (2) fishing pele (the making of contracts, 0° () the cjustment or element of account relaing to & pubke property or nds and 4, That Me eccused had iment to deans the government. NOTES: The pbc offeor must actin his oficial eapacly, Trefelony consummated by _ merely ‘entering Into an agreement with any ileested pasty or speculator oF by merely ‘making use of any scheme to deraus the Goverment. B. ILLEGAL EXACTIONS ELEMENTS: (2) 1. The ofendoris a publ offcer entrusted wit the ealocion of anes, hoonses, feos ard he? Imposts and 2. Thatha's gully of any of thefelowing acts or 2. Demansing, decly or indirectly the payment of sume diferent rom o arger than those authorized by lw, oF b. Falling valunianty to issue arecsit, 2s provided by lam, for any sum of money lected by him oficial ce © Golecting”™ or” reoeMng, directly or incre, by way of payment ox ater, tings of ebjocts of amature deren rom that provided by aw. CRIMINAL LAW Notes: More domand of lagar or dferant amount is sulfeont to. consummate tre ere. The Sssence is. tie improper eallcon 3nd ‘damage tothe government snot equed IF sume are received wihout demanding the ‘samo, felony under is ate Is) not ‘Sommited. However. the sum fs given ab @ Sort of gi or gatieaton, the ane increct bribery. ‘Wen there a dcetin demanding lager fea, the ere commited cesta, This. felony may be. complexed with rmalverslon. Ex tax coletor wo collected 2 sum larger than thal authorizes by fw and Spent othomis gly of two crimes, namely: (2) egal exacton, for demanding & grectr amour and (2) alvoreation for misspprepriting the mount callectes Cocers and employees ofthe BIR or Bureau of Customs ore not covered by ths arise, Since they are covered by the NIRC or he ministrative Cos Penalty: pisién correccional in its medium peiod to plén mayor ine minimum period, or @ fine ranging from ory thousand (P40,000) t0 Two rion pesos (P2.000,000), oF Both ART. 214, OTHER FRAUDS ‘any ple ofc who, tating fevantage ‘of is ofc poston, Definitio | Shall commit any of the feuds or a decatssnumeratad in sold Provisions (FAD) 4. That the ollendor is = Public oicer, temonte| 2 Tist fe takes Advantage o his oficial position: and 3. That he Commits any of the {rads or decals enumersted in Ais. 315 and 318 (etn, Sninaing) Th dation to the _penaiios preserbes Inthe provisions. of Chapter Sx, Tie Ten, Book Two, af Penalty. this Code, the poral of temporary Special disqaliiestion In ie mmacirum period to perpetual special cisqualfeston Page 143.0277ATENEO CENTRAL BAR OPERATIONS 2019 Note: “The penalty undr this Arle i ia adtion othe penalties preserbod inthe aici vlad [ART 215, PROHIBITED TRANSACTIONS Ay appaintve pubic offcor wie, dung his incumboney, shal recy Detintio [or indrecty become interested i ° any warsacton of exchange oe escalation within the tertory subject tis junsdton away ca) 1. That the olfender_ isan Anpaintve pubic ofcer, That he Becomes Interested, directly or indirectly, ny ressacton of exchange oF Elements ‘i Speculation, 3. That the tansacton lakes place] Within te territory subject to fis jurisdetion: ane 4. That he becomes interested in te tansection ‘ding hs Ireumbancy. prison carescional In i minimum | Penalty | reusara (P4000) fo Two hundred thousand pesos (P200,000), or bath notes: ‘Tho tvansacton must be of exchange or speculation Examples of tensactons of exchange or speculation are buying and seling stock, ormmodies, land, ote, whereln or hopes 10 {ake advantage of an expected rise or fall pice for gain or rot and not merely a2 Irvestmant Purchasing of locks or shares in a company Is simple investment and nota vilton ofthe aricle Honever, gular buying secures or resales speculation, CRIMINAL LAW, ART. 216. POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER PERSONS LIABLE: 1. Publi officer who became interested in any contractor bisiness n which iis oficial uly to intervene 2 Exports, arbitrators and private accountants who tok pat in any contactor ‘Tansaction ‘connected wih the eolate. or lopery in tho. approval, dievbuton oF bajudetion of which hey hae acted: and 3. Guareians and executors wil respect 12 property belonging to ha wards othe estate Notes: ‘Actual au ie nt necessary Inzerventon must be by wire of pub offox hel ‘tf punished because ofthe possbaty thet fraus may be commie or hat he ofce may Place is own interest ave that of the Goverment or of tre party which he represents Constitutional prohibitions exist + Member of the Congress: cannot pereonsly ‘appear. a counsel, cannot be interested nancial In Sry anche or special prvoge. Granted by government carn ineeane h ‘ny matterbetoreoffce af Government Exocutve cannot held any otter ofc; and 2 Conatitonsi Commissions ~ cannot ald any bother ofce er engage in practoe of profession fr management of business, or be fnancially imgresiog ina contact with of Tranchiseipavoge bythe government Penalty: Aesto mayor in ts medium period 0 Psi crrecclonal nis miimim paiod er 2fne ranging ‘rom Forty thousand (P40,000) fo Two hundred reusand pesos (P200,000), oF both PLEASE SEE SPL REVIEWER-ON RA. 7080 [AN ACT DEFINING AND PENALIZING ‘THE CRIME OF PLUNDER Page 144 0277 aAanAO a ialaiekelelelstalalelelaltetalala’AR aR RARE Oe Bs a ATENEO CENTRAL BAR OPERATIONS 2010 (CHAPTER 4: MALVERSATION OF PUBLIC FUNDS OR PROPERTY. ART. 217. MALVERSATION OF PUBLIC FUNDS. ‘OR PROPERTY, Defintio [Malversaton — also called n embezzlement Eloments| 7, That the offender be @ publ coffee "for private pereon ‘entrusted wh puede or i connivance with publ fcrs 2. That he had the custody of conta ol unds or property et ‘ecountable forthe fund, crime commited la thet oF qualoed tof 3. That these funds. or property| wore public funds or property {even i pevate. funds, thoy Become publ if attached, seized,” deposted oF ‘ommingled with public funds} ed 4, That he 2 Approptated the funds or Took or misapproprited them; of Consonied ar though ‘Seandonment or negkgence, permite’ any other person to take” such publ. funds oF property. CRIMINAL. LAW buts less Ban Two illon fur hundred thousand pesos| (2,400.00) ‘The penalty of _redusion| temporal, ints “medium anc maximum periods, the amount Involved te more. than’ Two} millon four hundred thowsand esos (P2,400,000) but does hot exceed Four milion four hundred thousand pesos (4.400.000). "IF the amount sxcoods te lator, the poral $hallberelusion temporal in| mmauimam period to. reslusi| porpets, Tho ponatly of rectsion| temporal in tie maximum eto, the amount voted ‘move 'han Four milion four hundred thousand pesos (4:400.000) but "does not fexceed Eight rion eight hundres thousand pesos: (8.800000). IT the amount txooeds the later, the penalty shale raclusion prpet, In al eases, persone guity of] maNersaton shal also stile the Penalty” of perpetual special {isqualication anda fine equal to fe amount ofthe funds mversed for equal to the toll value of the l property emberaled “The penally of prison cameecional In ite medium ane maxim periods, the amount involved in the misappropriation ‘rmabversation dss notexceed Forty thousand posas| (P48,c00), 2. ‘The penaly of piston mayor in ite. minimum | and” ‘medium rods, I the amount involved Ig more. than Forty thovssnd esos (P40,000) but oom not fxene¢ One mill bao monde Thousand posos (F 1,200,000). 3. The penaly of prsién mayor in| lis maulmium period to rcusin | temporal te minimum period. ifthe smount involved te more than’ One milion two hurd thousand pesos (P¥,200,000)| MEANING OF CONVERT. “The words “misappropriated “convert connote an acto ung or daposing of another's property 25 Ft wore one's own or of devoting to purpose OF use diferent tom that agroed upon. (Conia. Manatsn v Peopla, GR No. 136248, August 26, 2007) Notes: + isnot necessary thatthe offender profiad by his malorsaion. is being remiss inthe duty of safekeeping public funds wolates the lust reposed + Pubic tunds taken need nat be misappropriated + Tecan be commited ther wth malo or trough nogigence or nprudence sitough the penalty is the same. Negligence of the accountable public offcer must be postvely MISAPPROPRIATE OR, Page 146 0277[ATENEO CENTRAL, BAR OPERATIONS 2010 chastity, ART. 245, ABUSES AGAINST CHASTITY PUNISHABLE ACTS: (3) 1. By solciing or mating immoral or indecent agvances to a woman ineresled In maers ending Before the offending ofcer for fecison, or wih respectto which hesreauired to submit report to or consul wih a suparor ‘ffear, 2. By saicting ox making immer oF indecent advances to @ woman under the ollendor's ustoay, and 3, By solding oF making immoral or indecent ‘advances to the wie, daughter, sister, or felative within the same éogree by affinity of {any person in custody of the offending waren or offer ELEMENTS: (3) “That he offender is a public ote, “That he solicits or males Immoral or ndecant advances toa woman: and “That such woman must 30 — Ingeresiod in mallow: pending before the ‘offender for decision, or with respect to which he i voquiced to submit report to or consut witha superior offer, Undor the euctody af tho effondor who la @ arden or other publi offcsrdrecty charged wth care and custody of prisoners or parson Under erost of ‘6 the wile, dager, sstr or relative within the seme degree by afnity of the person in the ‘custody ofthe ofendec. notes: ‘The other ofthe person inthe custody ofthe public ofcer is not indudes, {To sclict mean (0 propose earnesty and percstaty Something uncnaste and immoral foawoman. ‘The cre fs consummated by mere proposal. Proof of saletaion is not necessary wen ‘ther is sonal nercourso, pe owe ° Punishment: Prison corraciona (Med ane May) the person soited be the wife, daughter, ster correlative within the same degree by aft of any person inte custogy of such warden or afar, the penalties shall be” prision coreccional in IS minimum and redium peiods and temporary special disqualfiestion Ec [ PLEASE. See SPL REVIEWER ON THE FF] ‘ATED SPECIAL PENAL LAWS" RA. 9262, FLA S716, R.A 045, RA 7610, a8 Amended, RA ous ASHE INAL LAW Page 188 01277AABN earernaen [ATENEO CENTRAL BAR OPERATIONS 2019, CRIMINAL LAW, ART. 218, FAILURE OF ACCOUNTABLE ART. 219. FAILURE OF A RESPONSIBLE (OFFICER TO RENDER ACCOUNT PUBLIC OFFICER TO RENDER ACCOUNTS 'BEFORE LEAVING THE COUNTRY [any public officer, whether in the Seniee or separied theretom by ay pb offer whe uniawuly resknaton or anyother caus, who leaves o atoms to leave te Detntio [iene ‘seczun to. ear] [on™ [ees Ca ais ma - do, oto provincial ator ad showing thet his accounts have "fa fast do 80 fora poiod of een fel settog months after such accounts Souls orendered PAU) ‘That the offender is 2 Bublie | PARF®) officer 4. That the offender is Public 2. That he must be an officer, whetharin he svc o Accountabe offen for pubic Seporaad thee fom, funds or property, and 2 That he" must” be an] | ements |. That he must have Unlawully Accountable oficer tor pubic| | lett (oe Deon the. point of crements |, funds.or property: leavieg) the Phipeines without 3. That he 8 Required by law or Securing from. tho regulation to render accounts Commission on Audit tothe Commission on Au, oF Serifeate showing that. his wa provncl aust and fscoounts have’ been” finaly 4, That he Balls to. 0 20 for 8 tle, pated of two months after Such accounts” should be presto mayor, or ne raring fendered enany [OR Fer tosand (40,000) to ec ne Dan (0000) Prisién correccionat in its minimum esos or both § ol oy 2 te ah tn wat |Party ccand pone e060) 0 xe ity ound eared pose (00800) th NOTE: ‘The act of leaving the Philippines must be Unauthorized oF nt eerie by lo NOTE: ART. 220, ILLEGAL USE OF PUBLIC FUNDS ‘Demand ane misappropriation ae not necessary. ‘OR PROPERTY (TECHNICAL. TMALVERSATION) [Any public offcer who shall apy ‘ny pli fond or property under Definite | aoranstston to any publ use| i ‘ner than tna for whch such nd | ‘or property Ware appropriated by aw or orinane PP-AA (a) 1. That the offender is @ Bub 2. That there is Bublic fund or Elements | property under his suministration; 3. That such public fund of property "has been Approprated by law ar ordinance (without tis, S| Page 147 027‘sinple matversation} ane 4. Thathe Applios the same to a public use other than for {which such tudo property has been appropriated yaw oF erdinanee Prisdn coreodional ine minima period ora tine ranging rom ane-hal| fo tho teal ofthe sum mops, if by reason of such misaprleston, ay damage or embarrassment shall awe resulted to the publ service. Inaithr caso, tho ofonder sha leo sifer the penslly af temporary Special esqualicston. tne damage or embarrassment to ‘he publle eanioe hae resutod, the enally shall bea fne fom 5 to 5) er cont af the sum misapplied. Penalty Notes: To distinguish this ale with At 217 {malversaton, in legal use of pubic funds oF propery, the fender does not derive any Dersonaigan, the urds are merely dave to ome other bee use. ‘Absenes of damage ss only @ mitigating reunstanes. Giminal inte is not an element of technical mmahersaton. The low purishes ‘he act of ‘verting pub property earmarked by law or ‘rdinanes for prtcdr public purpose 10 ‘nother publle pupose. The fence fs mala prohista meaning tnt ne ponies act is nat Inherontly immoral but becomes a ciminal Cfense because positive aw bids Its commision based on conelderatons of pubic polly, onder, and. convenianes. It is the Commission ofan act ae defined by the law, and fal the charactror eet tharoo! that determines wether or nat the provision Fas been violated Hence, aise or erminal inant f completely Inelevant (Armld James te, Ysidoro v. People, G.R- No. 192330, November 14, 2012) Inalaion 2 element, Te pubic und are established to be part of savings, the same {eased to be appropriate by iw ot orinance for any specie purpose. (Abdulla v. Poop, GR No. 150120, Ape 6, 2008) LEGAL USEOF FUNDS OR, (ART. 220) MALVERSATION (ART.217), “fender sn acccuriable public ORES | Oitender dose nt derive | Oflender m.cerain any "porsonal gain of | cases profs. trom prom, the proseeds ofthe Tha publi fund ar] The publ fund or properly appiee to | propery is ppd Bother publcuse. | to personaluse ART. 224, FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY [Any publ offer under obligation to ‘make. payment from Government | funds n his possession, who shall fate make such payment FRQ) 1. By Elling to make payment by 2 public oficer who Ts unde Sbigaton to mske such payment trom "Government {dein his possession; and By Betusing to make delivery bya publicoficer who has boon cotdared by competent author {o delver any propery in tis eustody or under ‘éminiuation (must be matciaus) Detinitio 1. That the publeoffesr nas! government fans oF propery 2. ‘That he is under obligation to iter: '3. make payment fom such ‘nds, or to. delver property in his ustocy of deinistration ‘pen erdered by competent futhorty and 3. That he maloously fais or refuses ado 80 The fine shal be graduated in such case ‘ty the value of the ting, provided that shal ot Toss than ‘en thousand pesos (10,000, Penalty Page 148 0277 iaioleiatateleletalelalal aan (aellalalatalatelekalelalalC AMAA) Ono oor SoG TA OOAnO rPoerrerrAnna [ATENEO CENTRAL BAR OPERATIONS 2019, ART, 722, OFFICERS INCLUDED IN THE ‘PRECEDING PROVISIONS PERSONS LIABLE UNDER ART. 217 70 221 ‘Private individual who, In any ‘eapacly, have charge of any national, provincial of municipal funds, revenue, or propery. Example: a witelengtax agent 2. Administrator or depositary of funds or property tha has bean aliached, seized oF ‘Sepostiod by ple author, ven owned by 2 privat indica. Notes: + Shonfis and recovers fall under the term ‘administrator Jodiisl administrator nat covered by this ticle (Appotnied to. cinistar estate. of Seceased and nat in-charge of property ‘tached, impounded or placed In depoat by public aunty) Private property is incued iit i attached, Seized oF deposited by public author, (CHAPTER 5; INFIDELITY OF PUBLIC OFFICERS [SECTION 1. — INFIDELITY IN THE CUSTODY judgment to any penalty 2, By prslon correcions! in is] minimum peiod and. temporary Specal sisquaiiation, in ease te give shal not have bocn finaly convicted bul only held asa etontion prisoner for any crime or Holston’ ‘of law or muniial ordnance, DETENTION PRISONER A person becomes @ dstenion prisoner rom the moment he i booked. ‘This refers othe accampishment of the Booking eet and ling out ofa form where he is toger Printed. From that time on, ho ls already a Aeterion ‘prisoner oven ii ho is not yor Incrcorated, “Tho release ofa detention prisoner who could not be dafvorod to judial autores within the time fixed by law is not infidelity in the custody of 2 prsonor. Nelo is mate inlency of satya the Dertomance of duty constises of itil. ‘There i real and actual evasion of service of fabian relaeston o is imprisonment ART. 223.CONNVING WITH OR CONSENTING «ART. 224. EVASION THROUGH ‘TO EVASION NEGLIGENCE Dario | APY publ afer who shal conse Ifthe evasion ofthe prisoner shal Definito |ie'he escape of a przoner m'is| [pepe [eve taker lace tough the eantody or charge 7 negligence of the offcor charged == - tit the conveyance or custody of 1. That the ofender is » public] | the escaping rocner offs on ut 2, That he is charged wih the PCE Comeyencs er easly ota {That the offender fs @ Bue preoner, citer deteton | officer, tements|rsoner’ ot psoner by nal 2. That he is chewed wih the “agrert tements |” Conveyance or eustody of 3 3. That such prisoner escapes] |? Prisoner, ether detention from his anandye ond Prisoner or rzoner by nal 4. That he was connivance with Ihogment: and the. isonet inthe Tatars 3. That such prisoner Escapes escape ‘rough hs negigence 1. By prism corecsonal ins area mayen sina prs medium and maxima periods td] | penany |. pisiin coreccenal in fs enaty [impor seca dqoiteston in| —|P*"Y |rinimumoered and tempore "enalty |g maximum period ¥0 perpetual Special diquaiication. Special usticaton, ho give Sal have boon sontonce by tal notes. The ace punishes a definite lnxly which Page 149.0277ATENEO CENTRAL BAR OPERATIONS 2010 ‘amounts to deliberate non- perfoenance of a uy. The fact hal he public offcer racaptured the psoner who had escaped trom he custody fas rot aford hin eompioe excupation ‘The labily ofan escaping prisoner 2. thea pconer by fal odgment be is able {or evasion of servic (Ar. 157) oF , ithe sa detention prisoner, he does not incur cfiinl laity (unless he cooporatod wih the fender) ‘Tho noglgertpuble ocr sues the seme penalty regercleescf whether the poner i 8 onvit or merely a detarion prisoner. Any publleoffear who has cect custogy of a ‘etained person under the provisions of tn Act ‘and. who. by’ delberate "ack misconduct of Inoxcusabie negigenca causes ‘or allows. the fecape of such dotaned person shall be gully of ‘an offense. (RA 8972, Sec. 44) ART. 225. ESCAPE OF PRISONER UNDER THE ‘CUSTODY OF APERSON NOT A PUBLIC ‘OFFICER [any private person to whom the coreyance of custody ofa prisoner Dotnitio | or person under rest sal have ® Bean ‘confided, who sal com any ofthe ofences mensioned in the Wo proceding aioe 1. That the offend ls @ private 2. That the conveyance or custody ofa prisoner oF person under ‘rests confided to him (He fas eutody) Elements |3, ‘That tho. prconer or parson under atest oseapes: and 4. That he offender consents to tha escape of the prisoner of person uncer ares, oF that the escape lakes place through Ns regigence Newt lower in degree. ban that Penalty | prescribed fora public offeor Nore: ‘This arte Is not applicable It a private person ‘nad the arrest and ne consented tothe eaeape ot the prson he acest, CRIMINAL LAW SECTION 2. ~ INFIDELITY OF THE CUSTODY ‘OF DOCUMENTS: [ART. 228. REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS. etn | Pubic offer who shall remove, " destoy o cancel documents or Papers ofeally envusted to hin Elements | Pa-ED (4) 4. Tha the offender be @ Bub officer, 2. Thathe Abstracts, destroys or conceals adocumentr papers: 3. ‘That ead document or pape should have boon trusted to Such publ oftor by reason of Tis ofoe; and | 4. That Damage, whather serious cr nat, fo ated par orto th publ interest should have boea| Penalty. 1. The penal of piston mayor and a fine not exceeding two hundred Thousand pesos (P200,000), wnenever serous damage shal pasty oro the public inert 2. The penalty of prisen omecconal nt minimum ad medium period and af nat excooding two pundred thousand Besos (200,000), whenever he ‘Samage toa third party oro the public rarest shal not have be In efter case, the adtonal penaly ‘of emporary special csqualii in ts maximum pared te perpetual . That he contro to oxriso PROLONGATION AND ABANDONMENT OF rare enon niet Se DUTIES aNO POWERS OF PUBLIC thes OFrice Prsen corecconal Re minimum ART. 298, ANTICIPATION OF DUTIES OF A orod, "seca "temporary PUBLIC OFFICE Penalty |Sameicotenin ts minimum prog snd’ 2 ine not excasing One So Funded houeane poe (100,000 pevrmance ‘ot te Ovbes and Detnito | omere of any pubic offeror] NOTE: nn? JGroyment witout st beg] Offer contemplated ae those who-heve been Sion iver navy gron he bons | sumpendet persed, oecaree overajed ot reared by tw smiaed ELAN) ART. 298, ABANDONMENT OF OFFICE OR 1 thst be oflencer i Enid o POSTION ai polc efte or tstpoyinent thor by ection ereeneirc [Any pubic oftcer who, before the 2, SESPpOInMeNE ce nat no| | Defintio | eotptance of te rstaton, shal Etements| "should frst be sworn in andor] | bandon his office tothe detriment of should fist glve a bond: ne public service a. That he’ assumes tho Fevtoance ofthe ios and 1 Tat the ener i 2 pub ower of sch often a fomaly reson tom his ae nee a anor 2. Thatefomaty er cficeandfor ie the bond | [Elements |. POO sot ye ‘suspended from such office or | }4. That he sbendons his office 10) ‘employment until he shall have ‘the detriment of the public] tormpica "wth the respective serve Penalty formals ad hal’ be fed form es Fy ear pon (000) hundred "thousand" pesos such offce shall have. boon roo.000, penaty_| abandoned noir t evade the faecrage ot he utes. ot Broan, posectng or presi nyo the cimes fon win Te age 18501277 CRIMINAL LAW, ART. 237. PROLONGING PERFORMANCE. ‘OF DUTIES AND POWERS. [Any public acer shall continue to exercise the duties and powers isATENEO CENTRAL BAR OPERATIONS 2019 ‘One, and Chapter One of Tite Thee| of ook Two of ths Cade, th oflender shal be pushed by pisin| Comeccional in is_minimum and modium ‘periods, and by. arest| mayor the purpose of such [abandonment ito evade the dy ot provering prosecuting ar punishing anyother some. Notes: “There must be formal or wien resignation, ‘ABANDONMENT OF | DERELICTION OF ‘OFFICE OR DUTY (ARrT. 208) POSITION (ART. 238), Comma only By public oftore who favo the duty to hrsttte prosoc Pubic ofcer does through resignation to | fice but merely cevadathe cischarge | fab to prosecute ot duis. 2 volaton ofthe Committed by any publ ofan and CRIMINAL LAW, ‘SECTION 3. - USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS. ‘ny pubic offer who sal fencroach upon the powers of the Tegilawve. branch of the Defintio |Goversment, einer by making n general rules o: regulations beyond tho scope of he eulhoniy, oF by attempting io repeal a law or spond the execution thereat ‘Thatihe ofenderis an executive or josioaoffcer and 2, Thathe (2) makes general rules of Elements | regulations bayond the scope of : his auton, or (b) tempt to repeals lav or {o) suspends the execution thereot rlén comescional in is minim pete’, temporary special Ponatty |Soquaifation and '=. foe nat fxceeding. Two hundred thousand pesos (P200,000) ‘The offense is quale if the purpose behing the abandonment i lo evade the eischarge of dues Consisting of preventing, prosecaing or punishing any of the crimes agarnstnatonal sacurty (6.9 ‘reason, espionage), in which case, the pally Ie figher: ART. 240, USURPATION OF EXECUTIVE FUNCTIONS Any judge who shal so assume any power pertaining to the exscutva| {Beto | etnies or shot shel [Str 'n he avi exrcae of thee rows 2. That he fale ee ements seranno “10 the ‘exeoutve auhories, or ) cosivcts exesutve| fsuthories in the lew treecne of hel powers. ‘resto mayer IBS medlum peiod Penatty to. prision comecsional im ts minimum period notes: Legislative oftoors are not fable for usurpation of Page 188 0f 277 a990 999090 o7ann9aA4 neano ao°0 nA anacena9ag9g0909g 70700090 oneke) 00 Pmacnoenrnnnoonanan ATENEO CENTRAL BAR OPERATY (ONS 2019, executive functions. ART. 243, ORDERS OR REQUESTS BY Seca oFricen ANY JUDICIAL ART. 241,USURPATION OF JUDICIAL anon Puntcrions Detaiio Dnyatice afte woaiivetrancicl] —[m 0! Goverment wes shal sone Dein | til pone or Seal sbsad he 1 That the fender an pimne | Sotto of my eto or ceca recut oor fencoeé by ay hove wh he 2, Traine sess’ any ore or eee Mepesden te” anf focal Elemonts|__ Subir and 1 Watte otedrmanamcaa] ||, That arer or suggestion he seaute tench of be {ates ary ease cr aness| siemens coming vino exclusive eiements|2. That he assumes jul firecctian' ofthe cours ot powers or Rokmace, the Iuste. Saati “ol ay errr - - Scion rnd by oy oe aresio mayer and te eee penaty | Srcsting Ore tuntcd Busan so (2105, 000 ato rayor nis mada pao Ponaty to pieon” omectcnd hts] yore sninimum period J Legislative or judicial officers ore not liable under ante, [ART 242, o1908ENG REQUEST FOR ‘ISOUALIIGATION ART. 244 UNLAWEUL APPOINTMENTS ny pe es wha, bee Fannie aoe Nan Defintio | auesbon of fasdcton fs decéed.| | pepnito | arguing amine cr “ait Peto | Ser come any poco afer| [Dee |ieowingly marinate cr spt to ova, beor levhay teed intial uateatens ert 2 [Rated modding _ 1. Thal the ofonder B's pao hoor en 8 mie ofr —— Thats nonnstesor pps 2. Tras proceeding le pend Tate nominates oa Before sich ue tee, omens |. Tratsuch urea ntehega 3. Thatherel¢squestnticupt| | aie parce cements] bole Be proper auery 4. hatte cer trons hat his teondng i eden, whch aie : isa ytancies ralfcsion tative he made ening. io) retain tan er ‘Stung te pssoodg on fen meyer onde tre na frat" te canines’ te] | ranaty |erconing Teo hunted sang rovcod posts 20,00) festo mayor anda ve nt Ponaty ferconting One hued oon] NOTES esos (P 100,000, Mere recommending, even if with the knowedge thatthe person recomrionded Is ot quai, nat rma. He mt nominate ‘hore must be alow providing for the {Ualfcations of parson to be nominted or ‘pointed to publ offen. SECTION Page 187 0f277 Na ABUSES AGAINSTATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW RELATED SPECIAL PENAL LAWS" RA. 9262, REA‘9775, RA. 8049, RA 7610, a Amore CHASTITY ‘ART. 245, ABUSES AGAINST CHASTITY 9n90 PUNISHABLE ACTS: (2) — 1. By sclctng or making immoral or indecent ‘vances fo a wornan interested in matlors pending. before” the ollending officer for {ecisio,or wih respect to which he required to subi eport to oF consul witha superior sien 2. By salting or making immoral oF Indecent Bévances to 2 woman under the offenders eustody, and 3. By solcting or making immoral or indecent vances 10 the wie, dager, site, OF Felatve within the same degree by afinty of aaa4O 5 ‘ny person in cusody ofthe offending wardan c oroffer ELEMENTS: (3) iS 4, That he aflenderis a pubic otfoer 2. That he solicits or makes immoral or indecent sdvanoae to @ woman: and C 3, That even woman must be Interested in maters pending before the ‘fender for decision, or wth respect fo which hee required to sub 2 report to or consult witha superior eticer, or Warden or other public oer dveety charged wih care and custody of prisoners or person Under art. the wif, daughter, sister o ove within the same dogeoe by stint ofthe person in the tustody of he oftender. a a°000 Notes: ‘Tho methor ofthe porson inthe custody ofthe publ officer isnot included ‘To solicit means 10 propose eamesily and perslstenly something uncraste and mors ‘Tho ceme fs consummated by mere proposal Proot of sala is not necessary when ‘hore Is sexual intercourse a Punishment: Prision careclonal (Med and Max) the porsonsoticted be the wie, daughter, stor Correia within the same degree by any of any Detson inthe custody of such warden ox ofeer, he Perales shall be prisén ‘corecconal in is Iinimum and. medium periods and temporary Special equalifetin caonnano Page 158 0277 oadg9000n9nn7nTd0 goo00o00n MOORCHRACAO ATENEO CENTRAL BAR OPERATIONS 2019, CRIMES AGAINST PERSONS CHAPTER 1: DESTRUCTION OF LIFE ‘SECTION 1 - PARRICIDE, NURDER, HOMICIDE ART, 248, PARRICIOE [Any person who shal Kili tater, mother or chs, wether legal ‘5 legtinate, or any. of Ns ‘scenaants, or deseondans, or his spouse Definitio 4. Thata person i killed: 2. That the deceased skilled by| the accuses That the decoased isthe a father, mother, chi, whether legitimate or Hepitmate, or b. legitimate other ascondentor| other descendant, ot ©. legtimate spouse of the seed. Penatty | Rectsion perpeta to death RELATIONSHIP OF THE OFFENDER WITH ‘THE VICTIM iS THE ESSENTIAL ELEMENT 4. Required. to” cotermine legitimacy of ‘alatonshi: 2. The folowing aro exchded (0, the accused va not be ult of pariise) ALAC 8. Adoptve relstonship fedopting paren ‘coped cid); (Reyes, The Revised Penal Code Book Two, p. 507, 2017) b. Chi less than 3 days os (tant) © Relationship by afin (rams) 4. Megiimate other ascondanidescendan and ©. Commoniow spouse. notes: Relationship must be alleged ans proved, rot alleged, I can only be considered as ‘an ordinanyeggravating circumstance Punished by recusin perptua to death Only rlatves by blood and in ect the (except spouse) ae considered. Only relatives By blood may be legitimate or Hogitmate. An adoptive father o adopted son, or fathersrlaw fr sonn- aw snot included i this provision, (ayes, Te Revised Penal Code Book Two p, 507,207) Mariages among Muslin or among mombers CRIMINAL LAW. of ethnic eutural communities recognizes (Ar. 33, Famly Code). Pani trough reckless impradence: © Reckless imprudence ~ punished by ‘rasta mayer in iis max. pared to prison ‘orreccionalin ts me Perog: and © Simple Imprudence or negligence ~ punished by aresto mayor ints ed.= max, pero, Paricide by mistake: exsts because knowledge of relationship 16 rot required ip paride + Partcide by omission (hn relation to At. 276, 2° par. Abandoning 9 mire). Swanger ccoperatng in parcels ony gulty lof nomi or murder, 25th case may be PARRICIDE IS NOT PUNISHABLE BY ‘RECLUSION PERPETUA TO DEATH WHEN: 4. Itls commited trough negligence (rt. 365) 2. Commited uncer exceptonal arcumciances an 247, ART, 247, DEATH OR PHYSICAL INJURIES. INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES ELEMENTS: (0) fis spouse or daughter (ie later must be Under 18 and bung with them) inthe sct of commiting sexual infercourse with another 2. Helene kts any orbothofthem eines upon ny er bath of tham any serous pele! Hjury inthe actor immediatly hereaien and 3. Ho has nol. promoted ‘or Teciatad the prositsion of his wife or daughter, or tat he fae not cqnsertes tothe inl othe ctor spouse The ate does rot define a ere but grants 2 ‘sigular milgatng croumstance and provides for {he panaly of deste (as a form of protection for the. accused) ‘nstoad of te sovere penaly proseribed for pari, homicide, or physical DEFINITIONS OF TERMS 1. Legally married excludes common lew relator, 2, Legiimacy of parent not required, 3s long a3 Daughter is minor, unmarried end Wing with per parents. 3. Surprise means "o come up susdenty and “unexpected Page 150 of 277ATENEO CENTRAL BAR OPERATIONS 2019, 4. Inthe act of committing sexual intercourse nth ‘nother "parson is. salefod if Groumetarces show reasonably that the famal acts being commtid or has ust been commited Immediately thereafter mears the discovery, ‘escape, pursut ad the king must a erm paris ofane continuous act. JUSTIFICATION FOR ART. 247: BURST OF The kileg must be the proximate result ofthe courage overwhelming. the accused. and. not intuenced by extemal factors PHYSICAL INJURIES MUST BE SERIOUS We physical injures are lacs serous or sgh, |s.anabsolutary ease, thus no eiminal abi NOTES: Both wives and husbands are ented tothe Denes ofthis ate, Intecouree does not inchde preparatory acto. Ditough as aria, one commiting an offense Isable fr all he consequences af his act the ‘le presupposes hat the act done amounts to 8 felony. Ite acl done i not felony, the inure inticted upon tr persons (.6, hose ater than tho wioldaughter andthe paramour). (People. Abatea, 163 SCRA 735) Iicimmetert whether the aiending daughter '5 loghimato of tlegitmate provided Thay aro ving wth ther offended parents ART. 248. MURDER Defnitio ‘Any person wh, not fang win the provisions of srcle 248 shall ta another orth ling of person wit the altendance of qualiying| Elements 4 Ta a parson ied ‘That the deceased is klled by he accuses, 3. That the fling was attended by any of the folowing qualtying a wih eachery, taking ‘dvantage of superar Strength with the a of| armed ten, oF employing means "To’" weaken the defense or of means oF CRIMINAL LAW, persons fo inaure orator] tpurty, b. inv consiseration of pric, reward or promise, by means of inundation fre paleo ‘exssion, Shipwrack, standing of ‘oseel, doraiment or assault Upon" sveet «car or Tocomtive al of ashi, by ‘moans of motor vehicles or vith the use of any other raans involving rest wast 1. on occasion of any of the aames numertednthe| precesing paragraph, or of Sn earthquake, erupon of a Yeleano, destructive eyelone, opidemic or any ‘thor puis ala, ‘with evident promodiaon, with crusty, by desberately nd nuanely augmenting the suffering of tho ici or ‘avaging oF scoffing at is Person or cep; ant 4. The lng To not paride of infant Penalty | ectusion perpet o death ‘Murder i the unlawful ling of any person, which sol patriido or ifaticie, roveod tral ay of the enumerated creumstancos are present Notes: + Intont to it~ essential in all orcumstances EXCEPT reachery + Visi must be killed in orcer to consummate the crime; If vcim IS "NOT kllod—aithor allompted ox frustrated murder. + Treachery present when te act constiting the felony is suddon and unexpected to the ott of Ineapacitating the viet to rape or scape t 2 The means, methods, o form of attack must be consciously ‘adopted by the ‘lender 12 Present when an adult person atacks & hig oftender years, © The essence of weachar ls that he attack comes without a warning ang in 2 sit, Selberate, and "unexpected "manner, fforéing "the hapless, unarmed, and Page 160 0f277 c paano eanaa00- 200 aeanacnaaannaanoo909095 agandg0007 a900 a oC oO0 eeranannanagane ATENEO CENTRAL BAR OPERATIONS 2019 unsuspecting vim no chance to resistor fscape. Hote, there Is_no coubt that tWeachery was preset, Benny end Adiano ‘were inthe crime seane peor tothe Inetont “They hidin a dark por ofthe rosd and assaulted Jesus wih thei bolos while he wae urnating wth his back to them. They even eld him by his ‘shoulders to renderhim defenesiess and unable esis tho stack on him by he aeeant, Jesus ‘was unaware ofthe imminent per to hs fe and ‘was Terdared incapable of setending.himeel (People v. Bonny Cabialen, GR. No. 175080, February 15,2012) ‘Not enough tal superior strength s present: it bo taken advantagect ‘Aso. applies when ack is commited on ‘occasion ofa pubile calamity. ‘Armed men must ake partn the commission forthe cme doctor inary. ‘Rezed most aval herself of thei id or rely ‘pon them Peron who received the price, reward, of promise isa pncial by dict partcipaton pereon who. gave such price, reward oF promise is prncpal by indusion, BOTH are Sully of murder. murder by poison, and thus, cannot be coneidered as aggravating WHEN ABUSE OF SUPERIOR STRENGTH DOES NOT APPLY ‘Tho prosence of abuse of superior sent should ‘ot result in quay be atlense to murder when I obtain in the special complex crime of robbery vith Rect. Such case, ft should be regarsed ‘Ss a generic crcumstance.(udge Pimentl Notes, page 220) COMPLEX CRIME OF DIRECT ASSAULT WITH MURDER OR HOMICIDE ‘ition the assault resis in he king ofthat agent or ofaperson author, tere arses tre complex fme of sect assaut with murder of Romeo. (People v Ex-Mayor Carlos Estonio Sr, et, GR No 201866, October 18, 2074) RULES FOR APPLICATION OF QUALIFYING CIRCUMSTANCES 4. Murder" wil exist wih only one of the ireumstances; oers most be considered 3¢ generic aggravating 2. When otter creumetances are absorbed or included in one quaiying Greumstane, they cannot be considered as goneri aggravating CRIMINAL LAW, 3. Any of the ckcumstances must be alleged in ‘rdar to quay the eae To murdor. not ‘leged, i wil ol even be considered at 2 (eneric aggravating rcumstancs. (Secs. 8 ‘9nd 8, Rule 110 ofthe Rules of Cou) OUTRAGING OR SCOFFING AT His PERSON OR CORPSE: QUALIFYING CIRCUMSTANCE "NOT MENTIONED "IN ART. 14 4. Qulsaging: to comet an extremely vicious or ‘ooplynsuting ac and 2. ‘Seng’ 10 jour, implies a showing of reverence, ‘ART, 249, HOMICIDE [Any person wh, not fating win ine provisions of aricle 246 shal kl Definitio | nother witout the etendance of n any of tho creumstances| {enumerated in the next proceding| stile (PAN) 1 Theta Berson was keg: 2. ‘That the Becused killed him witout any lusting 3, That” the accused had. the! Intention to. kil, which is presumed ana 4. Trat the. ling was Mot] attended ty any of the ‘ualitying circumstances of Turd, or by that of parce 2 infertile, Elements Penatty | Recusion Temporal Notes: Homicide i the unlawful ling of any perzon, wich is nelthor parce, murder, nor snide Consummates when vin s let otnerwis, ‘tlonpled ousted Presumption ofntnt to it a. Wi respect to. cimes_ of personal vlence, the pent a loxs party the material results folowing the unawal ft and holds the aggressor responsile {or all the consequences thereat »,_ Evidence of intent to kl is Important only In atlomptes or strated homed, intent to kl is conchsively presumed wen the itm coe Page 181 027[ATENEO CENTRAL BAR OPERATIONS 2019, iL Generally shown by the kend of ‘weapon Used, the pars ofthe vicin’s Body at which twas aed and by the ‘wounds inficted, "But purpose ofthe accused may ‘alsa be conscere. The element of inlet to Kill is incompatile wih impredence or negligence + "intent to Kil must be proved boyond reasonable doubt |v. Noallempled or fusrated homicide ‘trough imprudence o- negligence: cme woul be physical injures ‘trough reckons mpudense +S an exception, soe Accidental When two afrent” persons inflcted. the ‘wounds which caused the death, both are gully oftemiide, 2 The burden to prove chenwis i on each ofthe defendants », Proof of conspiracy is not necessary. Also appli whan wes nat shown which ‘wounds wore inflicted by each parson When defense is not towed to exculpate: 2.” Refusal of vii (obo operated: or 1 The foe of wee by tne win concn Use of unlicensed fra is considered a an sarang crameance an nla 0 separa ACCIDENTAL HOMICIDE i the death ofa person brought about by a lawul act performed with rope care an sil and wiboit hom intent 2. in a game, he les have been voated and deat cuted, detormine intent tl 1 iftvintant to al tis irttonal homicide; 4, Twinout intent ok, tis homiede through negligence coRPus DELICT In al crimes against persons in which the eth of the vim i an elemonis ofthe offense there must be caisfactory evidence af 4 Th fact of death, ane 2._The dent oth vei This dons not rete lo the body’ ofthe ci but tothe stu commission of he rime charged CRIMINAL LAW ART, 250, PENALTY FOR FRUSTRATED PARRICIDE, MURDER, OR HOMICIDE Courts may impose 2 penalty two degrees lower for fusirsted pare, murder or homiiée, under Atle 50. Cours may imoose a penally tee degrees lower for atiometod parce, murder oF homicide, under Arte + Triorueis permissive not mandatory ART, 251, DEATH CAUSED IN A ‘TUMULTUOUS AFFRAY Wien, white several persone, not compesing groupe organized for the| common purpose of assaulting ang| fatackng each other recrecaly, ‘quarrel and assault each other in| Defntio |contused ane Wmultuous mannsr ° fand in the course af the ara Someene is kiles, ana it cannot be fseveriained who actully killed the| ceased, bth person o persons who nficles eeroue physical Injes can be ented {That there be several persons 2. That they cid rot" composo| groups organized for to| Eommen purpose of aseaulting ‘and atiacing each ober ‘eeiprocaly 3. That these several persone qarreles ond assailed one! Srother a confsed and {Umultuous manner 4, That someone was kiled inthe course of teary 15, That cannot be ascertained who actually” Kiled the deceased end 16. Thal the porcon or persons who| ificiog eorous prysieal injures ‘or who used uence an ‘be| ‘ented Psion mayor WA cannot be determines. who! Infctod the serious physcal injures tn te deceased, the penalty of prsion corressonal in Rs. medi] fad maximum peiods shall be| imposed upon all those who shall have used vielence upon the person athe win Penalty Page 162 01277 a909070000 a0 290009O9909090909090909N90909090 Q oC C CG oa AARANDO eoon ATENEO CENTRAL BAR OPERATIONS 2019 DEFINITION OF TERMS. TUMULTUOUS - Turultous (as used in At 153) means thatthe diturbenes ia caused by at last four persons who are armed or are proved wth ‘means of welonce ‘There must be no unity of purpose and intention among "the persone who. used a Person of persons who icied serious pista inures: or . Ifill nat hom who inficted serous physical injures onthe cecaaced, sl persone wha used vlonce upon the person of th vt Notes: When tere are 2 identi assauied each other. aay. ‘The persoa killod nood rot be a partspant in the aay (Does not spel when the person who ince thefatal wounds known ital case tne cme ‘wl be homie undor At, 248, 1 groups of men who wre fe no tumultuous ART, 252. PHYSICALINJURIES INFLICTED IN ATUMULTUOUS AFFRAY [when in wumuivous aay Definitio | refered to inthe preceding aricle, n only serious.physieal ijtos are) intictod upon the participants That there sa muitoous affray as rlered to in the preceding sie 12. That. 2 partipant or some| Paricipanis thorect suf Serious. physical injures. or Dysical ines of a less Eesious nature ony, 8. That. the parson’ responsible therefar ‘cannot be ented 4. That alt those who appear to have used violence upon the Berson ofthe fended pat are ke, Elements ‘All those who appear to have used Penalty | violence upon the person of the fended “parly shal sifer_ the peraly next lower in degree then nat Provided forthe physical injures so ict mon the physical Ines infcte| ate of ales serious ature and the econ responsible therefor cannot be dong. those who appear have usod any vilonce upon the| poreon ofthe offended party shat be Punished by aresto from the | fiteon days, NoTes: ‘+ Persons liable: Only those who have used valance on th person a the offended party + Penalty wil be one degree lower than that provided for he physical injury inficted + Injured party must be a partpant of the tumultuous "atay (2s) Opposed. 10. the preceding arc) + Hh the one who caused physical injuries is now, he wil be ible for physical injuries ‘ually commited. ‘+ Sight physica injures are notineuded ‘SUICIDE Definite [Any person wh shal assis another fi to commit "suicée.whather the Suicide vias consummated or nt Elements | WA Penatty | Suicide was consummated: pision It auch person fends his assistance to another he extent of doing the ling himsel-recuson lempora the eu ie not consummated: resto mayor ins odin ns ‘maximum pariods PUNISHABLE ACTS: 4. Assisting another to commit. sullde, ‘whether tne sede i consimmated or nt ne 2. Londing his assistance to another to coma suiadeto the extent of ding the ling hse, Page 163.0277ATENEO CENTRAL BAR OPERATIONS 2019 NoTes: + the suicide i nt consummated 2. For tho ft punishable ac: arresto mayor inte mecsum and maxemum pend; ar b. Forte second punishable ast ane or degrees Tower tran that provided for consummated suid, ‘An allt to commit suicides an at, but Ris not punish by aw 2A person wha atoms to commit suicide hot exminaly Ete. ». A pregnant woman who ted to commit suide by means of poison butinsteae of ying, ne ets inher womb was expelled fe rot fabiotorebortion 1 perder to eur erminal ably fr te result not intended, one ‘must bs oriting felony. |. Unintentional aborion 's punishable cniy when tis caused by valence, not by potson (art 257) Assistance to suisse diferent from meray- kiling. Euthanasia or mereykling Ise practice of palniessly puting to death a person Euifring rom some incurable cease, In tis ase, thperson does rol want te. A doctor So Foserts lo eulhanasia may be hel Hable CRIMINAL LAW & A discharge towards the house of the Offended party, nol knowing in what part of the house the people insda ware, I only ‘rmunder rt 185 4. ig suffcient that the gun was inilly aimed at or against the offended party, even fit was not pointes atthe offended party when trea ce. Hthere's intent to lt may be frastated or attempted paride, murder, or omic. Essen to prove tha the dgcharge of fram vas directed precisely against the offended ary. ITihe togal cischorge ificts serous 0° leas Sserus physical injunes tothe afanded party, thore wil be a complex erimo. of Hegel ‘Escharge of frosnm wi serous oles serious pryalal inurl, SECTION 2, - INFANTICIDE AND ABORTION ART. 285. INFANTICIDE Tnfancige ie the lling of any en] less than tree days of ape, whether ‘omurder Detto |e kere pare sr gape, ART. 254 DISCHARGE OF FIREARNS sry cher mites oft or fey person wo Shall Seok a 183) alee yale Rachid was ed: Fe et at "| esemant|2 Tal he dncessed child was Berio | ootng, Goes net amount fe) | Lie ‘han thee daye C2 . ‘consummated murder, homicide, hours) of age; and pec aan che: cine oe 2, That the Becused klled the Impoes ight raat | ssdome om 2) Same. panaiy_o paride and 1, That the Qffender discharges Laie stoments | a'enrm apene 5 arate : ca 1 me cme pensized in is arco 2. Phat" ofender has No Be commie ty the motor ofthe intron kat pron Ghia forthe purpose of concealing Penaty_ [her dshenar she chal er te Pron corecenslmminimam ans Dens of pain creer nt renary | hijo cores tedium and minum pero, nd isa fine be commited fore NOTES: ome pupese by he, metema The offender must shoot at another with any rm ithous intnton fling ha, a. The purpose of the fonder may be to intimidate or tighten the offended party tthe frearm set discharged ata person, ‘he acti et punished under his artice, ‘randparenis or ether of tem, the erally shal bo prsin mayor. Notes: ‘+The cid mast be born alvo and can sustain an independent if when fl kes Page 164 0f277 ONAD9N909NNADINAADN oacnannaenannannAnoOOeng900en50090 a00 ooo anecanannacqnnonrnano ATENEO CENTRAL BAR OPERATIONS 2019, + Burden of proofs upon the prosecution. Penalty i tet of ether paride or murcer, pending onthe relationship of the accused Miigaing croumstanceofconceatingcshonor + Appeable any tothe mother and male na ‘grandparents; and + Bainquent mother must be of good reputaon, ART. 256, INTENTIONAL ABORTION Definitio. "ABORTION i the wif ang ofthe fetus in the urs, othe violent expulsion of the fetus fromthe! iatemel womb wnich resus nthe Heath of theft Elements “That here sa pregnant woman; 2. That any ofthe foloning waysis commits 8, ‘iolence is exerted, or Bdge or beverage ‘Sdministared, without wolanes {pen and without consent of te pregnant womsn, or Je rugs "or beverages ‘administered, with the consent {tthe pregnant worn; 3, That ae a result of tho use of olenee or drugs ar beverages ‘pan her, or any ater acto the seaused the fous des, eter the womb or afer having ben | expated therefrom: and 4, Thal the aberton intended Penalty 1. The panaly of recision temporal, | ifn shall use any olence upon the | person ofthe pregnant woman 2-'Tha penalty of prion mayor i without Using volo, ne shall act ttt the consent othe woman 5. Tha penalty at prison coronal inte mechum and maxinsim periods ifthe woman shall have consent, notes: Fetus must dio ia consummated. abotion: ttheraae, determine there intent to abo: 3. ilenion, Irsrated ntentonal barton; or without ters, physical nurs. Wihen infanide (as Oppased to abortion: i the fous 2. Could sustain an independent We, afer CRIMINAL LAW, ‘separation fem maternal womb, ane b. leno, 38. The porsen who intrtonaly caused the abortion table, 2. I be woranmotherperaited, she wil be lable under At. 256; oherwise, she isnot fae ART. 257. UNINTENTIONAL. ABORTION Defiitio ‘Ary parson who shal couse an abortion by violence, but titel 7 2 tements | “That tharos pregnantwornan: ‘That olones = used Upon such prognant woman wi Intenaing an orton; ‘That he vclnce intentional | exerted and ‘That a8 a rest ofthe violence thetetue des ethrin the wom or afer having beon expelled thereon Penalty prin covreconal vs inno and medium period ‘+ Canon be commited by violence 8. Violence or actual pysical force (as ‘opposed 1 teats or mere administering {fsubstance wih no intenton 0 comma barton) must be used. + lntontion may be lfrre om the condton of the pregnant waman (le. whether pregnancy ‘enaveasbe), + May be commited though Imprudence, May be compl paride xed with homicige and + lithere's no intent to cause. abortion end thoce's no violence commited ton theres no ART. 258, ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS. Definitio Elements 2 “That her is pregnant women Who has suffred an abortion ‘Tat the. abortion le intended “That ne aborton is caused by | Page 165 0277ATENEO CENTRAL BAR OPERATIONS 2019 [a the pregnant woman hersel 8. any ather poreon, with Je any of her parents, wither Gonsent for the. purpose of oneealing her dishonor, Pregnant women practiced abortion heres Prison | comacsonal i ‘edlum a matimom periogs Abortion practices by her parents Penatty | Psion coreccionaln minimum and medium perode Aborton was practiced to conceal ‘dshonar prison eorocconal dum and maximum period Notes: 1+ Miigaing circumstance (as cstinguched rom inlatede) for the purpose of concealing ashocor + Only appleable to the pregnant woman and nol othe parents of tie pregnant woman. + Wthe prose of te woman's pares was NOT t conceal dishonor then they wil be able forinenional abortion under AX. 258 ART. 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND. DISPENSING OF ABORTIVES ELEMENTS: (4) 41 That thre is @ pregnant woman who has sulferod an aborton That the abortion is lntended: “That he oftender, who must bea physician or migife, causes or aise in causing the Sorter: and 4. That said. physician or smidwie takes {2bvantage offs ore scent knowledge ot sk 2 a ‘Te taking advantage of scene knowledge ot ali forthe dastucton of human We justifes the immpaston of he maximum pena ELEMENTS AS TO PHARMACISTS: (2) “That the offender is apharmace 2. Thal tee is no proper prescpion trom a psi, ana 3. Thatthe offender dispenses any abortive, NovEs: CRIMINAL LAW “The fect of knowledge ha the abortive would be used to cause abortion {Without knowiedge, punishable under tis aele of b. Wh Knowledge, punishable as an ‘ocomplie inthe crime of abortion, Not necessary for the abortive to be actualy used) the act consituing the offense. Gspensing the aborive ula proper proseiton Penalty: srreste mayor and a fine not exceeding (One huncred thousand pesos (° 100,000) ‘SECTION 3- DUEL |ART. 260, RESPONSIBILITY OF PARTICIPANTS IN A DUEL. PUNISHABLE ACTS 4 a 1 ‘Killing one’s adversary in a due Inflcing. upon such adversary physical injuries ond Mating @ combat have been inftes though no physical rues PERSONS LIABLE PRINCIPALS ~ person who Kled or infcted Sambatansn anyother cases. ‘ACCOMPLICES ~ seconds{person who meke the selection of the arms and fix the oer ‘Sonor of te igh. Notes: Avels a format or regular coma previously Concerted betwoon wo parti Inthe presences bf two ar more sezands of auf age on pach ‘ia, who mate the selection of ame and fi the ether condone of re fh. Into tls isregardea-—so penalty wil be thal for physical iuries only, 25 opposed to those ificied for usistedattemptad homicide, (2nd paragraph ef the provision) ART. 261. CHALLENGING TO A DUEL, PUNISHABLE ACTS CChakenging another toa duet: Inetng anther to give or accept a challenge toast and ‘Scofing at or decrying another publicly for having reuse to accopt a challenge to feta PERSONS LIABLE Challengers, and Page 168 0f277 99090 590 a9 oan0000 nn0000 nareceancnnoATENEO CENTRAL BAR OPERATIONS 2019 Instigator, “There must be intention to have a formal das (as opposed Io ght tweats under Art 285, par. 2) CHAPTER 2: PHYSICAL INJURIES CRIMES PUNISHABLE: 4. Metlaon 2. Serious physical nurs: 3. Administering injrous substance or beverages 4, Lone serous physical injuries: and 5S Sight pryseaijses and melveatmen. "Note: Tote found guity of vation of Articles 262 to-266, here must be a specie malicious nent to do. wrong against the physical integity or well being of @ person, 20 ae to Incapactate ‘and depenve the ‘ict’ cf carta body tunctons, {Gerardo Vila v Menus! Lorenzo Excalona ot 1 GR No 178057 & 178080, December 1, 2014) ART, 262, MUTILATION Two Kaos: ‘CASTRATION: — Intotonally mating ‘othe by depriving i, totaly ox pata, of 2, MAYHEM" OR “OTHER "INTENTIONAL MUTILATION: Inentonaly making other mutation, Le topping, ippng off any part of the body a the aoe party, cha than te tatental organ fo reproduction, to depeve im if tiat por of is boo ‘There must be iterional mutation ~ offender must nave the len to oprve be offended pay ' pat of his ody. If here's intention, then Cima vill be" considered a8 serous physical ines PHYSICAL INJURIES DISTINGUISHED FROM OTHER CRIMES. 1. ATTEMPTED OR FRUSTRATED HOMICIDE a. Amped homicide may be commites, even {Tn prysial lunes relied 2nd 1. Intnl to fal 18 not present in the cime of physical juris. 2. MUTILATION 2 Inentiontolop or cip of some par ofthe body 1S present in mutiaton ART. 263. SERIOUS PHYSICAL INJURIES HOw conmrreD: 4. Wound, 2. Beatinge 3. Aesouting 4 Reminstenng ijurous substances ELEMENTS {The offender has wounded, beaten, or ssaulted anther and 2, That tho physical injuries inflcted shall have caused heiress or incapacity forlter of te Injured person for more tran 30 days ‘3, There must be no intent lon he part of the offender i infising the Injry (Pores Sr. vs People, GR No 165685, March 12, 2007) ‘SERIOUS PHYSICAL INJURIES ARE: imbecile, impotent or blnd. 08s consequence of te physical injresinficted, 2. When the inured person = 2.” loses the use of spoach or he power to tear oro smel , loses an eye, hand, foot, armor leg, oF loses tha use af any such member, Becomes incapacitated forthe work in 3. When'he inured persone 2 becomes defarmed ®. soses any ather member of his body, 6. loses the Use thereof, or &. becomes il or ineapactated for the performance ofthe workin ich he had Seer habituslly engaged in fr more then 80 days: and 4. Whar tia ined person becomes il or incapacitated for labor for more than 30 daye (out no more Wan 90 days), PARAGRAPH 1 1. Ipoteney includes Inabity to copulate anc stent; no intent to deprive (as opposed to fastrtlon); anc 2 Complete blindness (as opposed to paragraph loss ofan ayo) PARAGRAPH 2 (mentions principal members of theta Let of power tohear ofbath ear (as opposed to paragraph 3 loss of ene er oni 2, Loss of use of and or Incapacty for usval work must be permanent a. This must be proven by leer and conclusive evidence 3. The~ofended party must have an avocaton oF Page 167 of277[ATENEO CENTRAL BAR OPERATIONS 2019, work at he ie of th nur [ls in paragraph i: 2. Work inctudesstuces or preparation for @ pfession and b. Means incopecly fore certain kind of work only, But nek fra PARAGRAPH 3 4. Deformity means physical uginess, or manent nd dsfidng abnormality. i most be conspicuous and vetle (re, deponding on ‘what pate he boxy); 3. I scar is usualy covered, then considered conspicuous or visible . Loss of teeth may be considered os eto, ny must be that which cannot be Fepared bythe action of nate, |i EXCEPTIONS: ‘old! menwomen ond hier: 2. Loss of gers may fal under paragraph 2ift results inte loss ofthe Use ofthe hand eat fn 3. Covers any mamber which is not» pinipal member ofthe body. PARAGRAPH 4 [Any kind o labors Included Hotpiatsaton for mere than 30 doy> moy moan ele linss or meapacy for lor for more than 50 days 3. There musi be evidence ofthe tengh of period of ness or incapacty wien the category of ‘he ofencos sotous physica ites; 1 The absence thereat makes the aflese ‘ony slg pyscalinjres, and 4. Lostening of affelency In’ Work Is not ineapacty QUALIFIED SERIOUS PHYSICAL INJURIES 1._Inrelaon to persons mentioned paride and circumstances montoned; and in ‘murder Nghe: penalies wil be iced 2. DOES ‘NOT include injuries caused by excessive chastsement of 2 parent upon his eile Tecan be committed by reckless imprudence, a by simple Imprudence 0° negligence. ‘There must be no intent tok there, crime woul be frtaod/ettempted murder paride, or honed Madialstendance not important in serious physical nue. tn case of physical inuries under the Revised Penal Code, there mist bea speci animus CRIMINAL. LAW Inturaneo& malious intention o do. wrong gains the physical tog or welbeng f= person so a8 To Incapaclate td deprive te ‘elm of certain bal unctons, Wihout poo! beyond reasonable. doubt of the requed Iniarand, ine overt ct of Ine Dhysleal injures por se moray salishas the sf foaom and Iteligence in an intentional felony. The commission of the act ‘does notin isa rae aman guilty ures hs Intentions are(Vlarea!"v. People of the Philppines, GR. No. 151268, February 7, 2013} ART. 264, ADMINISTERING INJURIOUS ‘SUBSTANCE OR BEVERAGES Definition The peralies eslablahed by a next “preceding ariel. thal be 2ppicabe inthe respective cases | ay person who, without inteto shalffiet upon another ay serous Physical injury, by knowingly administering tain any injurious Substances 0” beverages or y| taking aavantage af his weakness of indo erty. Elements SN) 4. That the offender inetd upon another person. any Serious paysieal injury. 2, Thatta done by Knowingly sominsteing to Rim any injuicus substances “or beverages or by. taking scvontage of his weokness mind or ered, and 3. He had No intent tok, Penatty ores: + Aeministering means Introducing into the body. + thor intent to ile rusbated murser— the injurious subslance to be considered 22 posor + Knowledge applies to te injurious nature of the aubstance or beverage. + hy taking advantage of his weskness of mind cor crodully” may take place In the case of Uecherah, mage a the ke, ar. Page 108.0127 265. LESS SERIOUS PHYSICAL COPANDOODDIONIDDOAINDNANDDDND anaco cane90900909090 DON900909090 YaNO000 COOARKRACAND [ATENEO CENTRAL BAR OPERATIONS 2010, inguRies, [Any person who shal inti upon another physical injures rot [Gescrbed inthe preceding aris, but whieh shal’ incapactate_ the ‘fended partly fr labor for ten aye for more, or shall rage medial ‘stendance for the same parod, Shall be gully of less. serious physica iruries Definitio wa 2 ‘That the offended pany is Incapactatd fr tor or needs modiealsttendanee for 10 days for more (but nol move than 30 i dys and | 2. ‘That the physica injuries must Not be those described in the| Preceding artes, lements Arresio mayor Iles serious physical injuries shal have been infcto with the manifest | nent to insult ff the inured person, unr eames ‘sedlon to the penaly of aresto ‘mayer, 2. ine not exeseding Fit thousand posos shal be imposed, Penalty 2 QUALIFIED LESS SERIOUS PHYSICAL INJURIES: Fine not exceeding PS0,000, in addition to ‘ameslo mayor hon the jured person or ‘There are creumatances adn ignominy to theortense (@) and fo) are considered as 1 Orsnary sggrvating circumstance in ‘serious phys injures; and ii Slander by deed in sight physical Injures. ‘Anigher pena, when the wim s ether a. The offender's parents, ascendants, guardians, curators or teachers; cr », Persons of rank or persone in authorly, provided the crime not dct assault. Notes: Medial atendance or incapacity fr labor is required CRIMINAL LAW When there's no incapaciy for labor or medial attendance naoded, Ki be Considered ony as sight physical injuries res wore henles win 30 days ~ sight physical injures: oF 4. Winjras were Nealed only after 30 days ~ serous physical inuries (as lnessfor more than 30 days), 2 This ale apples even it there was no ineapacty but the mecieal reement was for more than 10daya. 3. Thore must be proof as to the period of requred medical atendarce “ART. 266, SLIGHT PHYSICAL INJURIES ‘AND MALTREATMENT THREE (9) ens Physical injuries. which incapacitated the ‘fended party Tor labar from one (1) t9 nine {@) days" or required mecieal sitendonce during the same petod 2. Physial mies whieh didnot prevent the ‘fended party from engaging in his habitual Work or which did not require modical lttendance (Ex. bsck eye); ana 3. Mbtreatment of another by deed without causing uy. (09. sping fce Notes: PRESUMPTION 2. Inthe absence of proof ast the poi of the offended party's ncapact Tor labor or af the fequved medal atendance, the frie commited Is presumed as sight physical res ian ther eno evidance to eetablien the ‘gravy or duration oF aetalInry or show the causal eaonship to death, the offense i light physical injures, 2. SUPERVENING EVENT 2 When the charge contained inthe Information fled was for sight physical ‘ures because It was bolovod that the wound suffered would require medical ‘Stondanes for eight (8) days ony, bul uring. protminary investigation was found tet tha healing would require more than thirty (20) days, this supervening event can stl be the sutjec of Ssmendment or of @ new charge witout Placing” the accused in’ double Jeoparsy. (People v. Manolong, 85 Phil 223) Page 169 0f 277ATENEO CENTRAL BAR OPERATIONS 2010 pap ART. 268-A. RAPE; 266-8. PENALTIES SIMPLE RAPE (UNDER PARAGRAPH 1): ELEMENTS: 16-8 (3) ‘Tho offender fs Man The offender had Gamal knowedge of a Such Bet i accomplished (any one of the folowing} FF-D.MU (4) {Through Eore, vest e inition; Bi. when the offendes party Is Deprved of Teaton arolpenvise unconscious, by means of faucilent-Machination or fave abuse of autho: or 4. wher the offended partis Under 12yeare tf age {ealutry rape) orf demented, ven though none of the crcumsiances ‘mentioned above be present PENALTIES IMPOSED (Pursuant to RA. 8846: Act Pronititing te mpostlon of Death Penalty in the Phippines, the penalty of redlusion perpetua without elgiky for parce ‘hall be imposed Hou of death pena) ‘eclusion perp, ‘clusion perpatus to death when ‘weapon arby Wo or more persons: cr b. vc became insane by reesan or on the ocasion of rape: oF the rape I attempted and 9 homicide ie ‘commited by radeon or on the ocasien thereat Death when 3 homie s commited 15 -vicim is undar 18 years Bd ond fender © parent, 4 Becondant, HL Stepporent, iu. guardian, VE lave’ by consanguinity or affrity within tho re vt degrae, i commen law spouse of victim's parent ©. under tha custody ofthe poise e itary Buthores or ary law enforcement “or onal inetston 4. Commies in Tul view of the spouse Patent or any of the chldren of other felsves wihin the ed degree of onsanguiniy ©. vel isa religous engaged in lgiimat Feligous “vocation or eating and. i personaly Known tO be such ty the CRIMINAL LAW, fonder before or at the tie of the ‘commission af the cme; {ale bolow 7 years 4. Offender knows hei ficte with HIV or IDS of any other sewally transmissible Asoase and the vin tanemited the cm: 1 offender is 2 member of he AFP, or pare raltary unis thereof, er the PNP, oF any law enforcement agency or” panal insiuston, when the offender “took ‘sdvantage of hs poston to faite the Commission ofthe crime: |. By reason or on aceasion of the rape, the iim sued permanent physical ‘mutation o abi J. Me fender knew of he prognancy of he fended pary at the time of the ‘Commission afta ere; and k. the efender knew ofthe mental clsabity, motional clsorer' andlor physica hancleap of the eflended party athe time athe commission of the crime. Notes: + A.quarion must be 2 person whe hes a egal relationship wit ie ward. (People ¥ Vigo Anionic y Rivera, GR No. 208625, iy 23, Sony) RAPE THROUGH SEXUAL ASSAULT (UNDER PARAGRAPH 2) A. ELEMENTS: 54-41 (3) 1. the offender (man or womanjeormis an act of ‘Sevual assault 2, the acts commited by sertng {3 fis ponis into another person's mouth or anal office: or b. Sry nazument or object into the genital ‘ranal orifice of snother person, the act is committed uncer any of the eumsiances mentioned under ‘paragraph 4 ». 8. PENALTIES Posen: 1. Prision mayor-in genera 2. Prision mayor te reclsion tomporal whe: there was Use ofeaaly weapon, oF ®,_commited by wo or mere persons 3. Reclusion fomporal~ when the vatin has become insane 4. Relusion temporal to recusion perpetua ~ ‘apes tlempled and homie fe commited 5, Recusion parpetua ~ homie Is commited by reagan or on oeceon of rape 2nd 6. Recusion temporal ~ commited wi any of Page 170 of 277 .9990900 aco00000 oo [aNekelononelelelelelolelononone)D990 ocooon0090n9g5909 moaeanannnnnan ATENEO CENTRAL BAR OPERATIONS 2019 the 10 sqgravating ctcumstances mentioned inthis arte notes: 1. The FOUR circumstances: a." Using foree or intimidation; the degree Suutfielent to overcome resistance: “Acoordng © People v Las Pitas, (GR No. 193464, February 20, 2002), the tet is whsther aso fear if produced in the mind of te vats © must be 2 physi! sbugdle Dats ‘maniest and tenacious 4 ‘The force need nol be iasisibe force. or violence necessary is relative, depending on the age, size, fad stenghh ofthe partes and the? relaton a eacn chen Wis not necessary thatthe force or inimidatin empoyed be so great or a sich character 28 could not be fasted is only necessary ha he {orca or inimidation be sufclent to consummate the purpose which the Socused had in mine Where resistance Would be fate, ‘tering one ata does not emunt Intimidation —enough thatit produces ‘oar Inthe etm: must be wowed in Tight of the vet's perception and jadgrnent atthe time o rape Moral ascendancy o” infuses hos been held tobe a substitute, na long line of cases (People v. Bichoson, GR. No. 118986-89, February 19, 2001; People v. Bazona, Gi. No 139343-44, March 2, 2000; Peoal v. Panigue, 316°SCRA 757 (1009) CRIMINAL LAW. Ju Imercourse wih a deatanute woman ‘wl ony be considered rape If she's kobe prove to bean imbecile 1, Not eonsidered rape where consent is induced by the administration of rugsfiqus, which inctes "hor passions 2nd dovent ceprive her of ‘nll power, (Reyes, The Revises Penal Code 9.586, 2017, ed State vung) By moans of fraudulont machination or (rave abuse of authority and When the offended party Is under 12 years of age or Is demented, even ‘though none of the circumstances mmantoned above be present (Statutory "ape. re congant and cheracter (eg, prosttut) of the ofended party Irate ie immaiaviat thet the proseciaion Fale a alloge inthe information the txact date ofthe commission ofthe sffenses. Ils aufient that it vas llogod tht the vicim was under 12 years of age when the etme was fommied (People vy AMarciana Datlano, Je, GR No 188851, Ocobor 48,2011) The tam “demented” refers to. & porson who has domen, hich Is 2 ‘conaton ef deteriorated’ mentally, characterized by marked dedine fromthe indiiduals former iialecs! level “and. often by ‘emotional apatty, madness, oF insanity TWO STAGES: (Rape doos not admit of @ People v, Perez, 207 SCRA 276 tustrated stage) (1999))- in this case, ot necessary a. that_vetim put up @ datermined resistance, Intimidation is addressed tthe mina af the vem. Its subjective ands presence cannot be fsted by any hord-andost nue, but must bo viewed in the fight of the vitin's perception and judgment athe time ‘ofthe time (Pp. v Mastraes, GR No 125087, August 2, 199). 1, Offended party is deprived of reason oF stherwise unconscious: Deprivation need not be complete; Page 171 0277 ‘CONSUMMATED eo enetation ie necessane TL tis enough that te labia majra be penetrated, even the sightest ang W, Penis noe “not 86 rect — stil considered ‘ape If accused epoatdly edt insert the penis in the vagina, even inva. ATTENPTED 1 The offender has already performed ‘vert acta withthe intention to have ‘amal knowledge of the offended paty, but which was not feddent other than "howATENEO CENTRAL BAR OPERATIONS 2019 spontaneous desistance. 1 Thore must be intent fo have eamat knouledge ofthe woman agsinet her wa 1+ Thare-can be no stated rape because any penetration of the female organ is suicient. 3. Homicide commited "by reason of” (Le, “in the couree of” or "because of) nape is a special complex ime: 1 Rape must come before itent toil or act tang, Does nt epoly when the Intent to kl oF hiling act precededthe rape at. when Vet was Inthe poit of death when she was ravaged) an & Includes death of veim though. STD (gven By the accused who raped he. (Reyes, The Revises Penal Code, 9.592, 27) 4, Homicide commited “on the occasion i the ape" = ling that eect immediately before (rafter or during the commission tsa ofthe ape wera the wet ofthe homicide my be 3 person ober than the rape wei hast for 88 long 8 De bling is nkod Toth rape 15. Character of the worsan i inmate 2. Testimeny of victim alone Is enough for comicion: 6. Fingors ~ counts as “ebjcts” under rape ‘through sexsel esssul, 7. Indemnity and Darwages: awarding of PROS0,000 as indermaty is ‘mandatory upon finding of he facto apo; ond b. Moral camages may be automaticaly awarded in rape cases wo need of prot, 5. Multiple Rape: 1a. Each offender is responsible not only for ‘be rapehe personaly committe, but also {or those commited bythe others. Each and every rape alleged must be proven, & Inthe case of People Aaron, the accused Inserted hs penis into the vit vag, he ten witrove i and ordered he tr {ole down onthe floor, and for he socand time, he inserted his pons into te vit’ vagina: treater, the accused ‘commanded the vicim 10 ie near the hesdboard and for the thiré time, he CRIMINAL LAW Inserted his pens ito the v's vanina ‘Tho aczused was cored for only one count ofrape despite he thee success penetrations because there ls no Indleaton that the accused decided to commit separats and. disUnet acts of Sexual assault There was only 2 hstul desire to change postions. |. Inthe case of People v Msnito Lucena y Velasquez, the accused succeeded I inserting his penis i the vcs vagina ‘The tee penetrations occured one ar the other at a intone of five mutes vwieren the accused would res From PE Sel of fats, the accused was convicted of three counts of rape as ihean be inferred ‘that he accused decided to comma those Separate and distinct acts of sexual sesout, Notes: ‘Swootheat defense is an atfrmatve defense tht must be supported by camvinang pros Evidence such a¢ a love let, 2 memento, oF even @ single photograph to substantiate the aim that they had @ oman relaionsip ‘shouldbe presente Each of the penetrations constitute seperate nd dstnct act ofrap However in th (2002) ‘Aaron Case, te Court convciod the accuses for only one count of rape. despite the 3 Socessfl penetrations because there was no inaeston ha to accused decided to comm ‘separate and distinct acts of senua! assault ‘tre han his ust dese to change postions Inside ‘the room where ‘he ere. Was ‘commited, ‘The 2e1of cunnilingus rinseréon of tre tongue tothevagina of awomanierape trough soxcal sssault (People v Bonsagus, GR No T8007, ‘hone 62079) 'X medical examination of the vicum is not on ‘elemento ape (People v Rico Jamlan Salem, ‘GR No 118846, October 16, 1897), Page 172 of 277 agoaoannanncanannac0d0aansr00909nnNT9090909099090 aan 909NNIDNND n90090 ODOCABKDRNAAAA ATENEO CENTRAL BAR OPERATIONS 2019, GUIDING PRINCIPLES IN THE CRIME OF RAPE (People v Felipe Ayade y Pulod, GR No 188561, January 15,2010) 1L"An ‘accusation for rape can bo made wih faciy, whe the accusation ees prove, Is even more efit othe accused, though Innocent, a caprove 2. Gansidenng that, inthe nature of things, only wo persons ere usual nvelved in he crime ofrabo, tho testimony ofthe complainant must be sentnizs vith extreme caution as 3. The evidence forthe prosecution mist stand or fall an ts own mers, and eannot be allowed {o draw stangtn from the weakness of the ‘evidence forthe defense ART, 266-C. EFFECT OF PARDON. EFFECT OF NARRIAGE Momioge extinguishes not ery the penal ation Txenise the penaty imposed ané ony 28 1 the pncipal Since rape has ceased to Be a aime BSgainet chaslly and is now a crime agains persons itnow appears thal mariage extngushor that penal action and the penalty only a= to the Principal (Le, husband) ‘and net ee. 10 the Becomes and accessories. ART. 266-0, PRESUMPTIONS. EVIDENCE WHICH MAY BE ACCEPTED 1. Any physical overt ct manfesting reslstonce ‘agains the act of rapain any degree from the fended pat. + Wore the offended partis so stusted as to Fender him/her incapatl of ving concent. PLEASE SEE SPL REVIEWER ON RA 9262, ANTI — VIOLENCE L AGAINST. WOMEN AND CHILDREN | PLEASE SE SPL REVIEWER ON (RA. 9775), ANTI ~ CHILD PORNOGRAPH ACT OF 2009 PLEASE SEE SPL REVIEWER ON {R.A 2049). ANTI-HAZING LAW PLEASE SEE SPL REVIEWER ON RA. 7610 ‘SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, CRIMINAL LAW. PLEASE SEE SPi REVIEWER ON RA. 9344, JUVENILE JUSTICE AND WELFARE ACT OF 2006 AND P.D. of Topic Page 173.027ATENEO CENTRAL BAR OPERATIONS 2019 ‘GRIMES AGAINST PERSONAL LIBERTY AND. SECURITY (CHAPTER 1: CRIMES AGAINST LIBERTY SECTION 1. ILLEGAL DETENTION ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION Defiitio | Any private ncidual who shat n Kidnap or detain anther, orn any | ‘thor manner deprive him of his | Hoery Elomente natty | Recusion parpatua to death ELEMENTS: PALF-K (4) 1. That the oflender is & Brvate individu 2. Thathe Kiénaps or ésians anaher, oF inary other manner goprves the late f feet. 3, That the at of detention oF ednapping must be tego and 4. Thatim the commission ofthe offense, ary of ‘hs following creumstances are present (detention becomes serous) 3-SSM that the Kenappngidotenton lacs for more than 3 days b. commited by Semulating public euhory, ©. that any Serious piysicat injures ave Inflcted upon the person Kidnapped oF fatained or teats tol Hin are made, oF thal he perso Kidnapped or detained is a ‘Minor (excopt if parent 18 tho ofenden, female ora pubic offer. NOTE: If any of these are presant, purpose of detentions imental DEATH is imposed in the folowing instances: [eat penaty suspended) {i enapping i commited forthe purpose of entoring ransom ether fom the vei or fom any alter person, even if one of he Bforemenloned excumelances are present in the commission ofthe offenses and 2. wan the. vieim fa Kilad or des 8 @ Consequence ofthe detain a is ped oris ‘ubjeced to torture or comumaniing act, NoTEs: Iti tu that for kinapping to take place, tis CRIMINAL LAW not necessary thatthe iim be paved in an cooure; nether is ft nacessary that the Gelenton be prelonged or parmancn Howover the eesanee of Kdrapping ie the fseual deprivation ‘of the. vets” iberty Couples with indubtable proot ofthe intent of he accused effect such depsvation, (Peopre ¥.Obesa, GR. No. 152285, October 24, 2005) + The wolm's lack’ of consent ia leo 2 fundemental element of kednapping end serous legal detaniton. The Inveuntariness fof the seizure and delenton ie tho. very fasence ofthe cre. Although the vei may have inceptualy consented to 0 win the ‘fender toa place bu the vim s thereafter prevented, wi the use of force, fom leaving {he placa where he was brought to wth his consent and is dotaines againt his wil, the Sifonder Is guity of Kchapping and setious egal deteniion. (People u Picrell G.F. No, 120409, October 22,2003) cual demara for ransom Ie nat necessary. + Wren dotonion is for purpose of exortng fansom,iPe not necessary tal one or any of the four creumetances enumeted in (2) are present. Eeverial hat there be actual confnement oF Festi ofthe person othe offended pay. DBatonton ‘ie iiogal when not ered by ‘competent author oF net prmitedby aw. ‘Datenton fo mare than 2 aye not naceasary when any of the othor ercumstances. a prosont + Specie! complex crime of Kidnapping wth murder or homies where the, eraon Nenapped is klled in the course. oF the detention regardless of whethor to kating was Purposely sought or was merely an ftertnought When @ person dled of natural causestheart ‘tack) on the occasion of hchapeing, te Knappers are. gully of kdnappng wih homiide. (People v. Montani, GR. No, 187534, Apr 4, 2011) When mardar and not kiapping - when the vic taken rom one place fo arathar solely for the purpose of king him, the cima it Primary and ulimate_ purpose Is to Kl, and ‘etenton was only inenta. ‘Spetific inant is ceterminatve of whether the crime comma murder or Kdnaaping ust be alleged in information and proven by prosecution Poge 174.027 00 9000990909900 ooo aeanacn00o caoc\eoN9N9N9N9990 o00 anon00000o0nn0 nanan anon [ATENEO CENTRAL BAR OPERATIONS 2019 [- LE@aL ARBITRARY DETENTION DETENTION Committed by a] Ganmited by a Private indvigual who | public ofcor or Unity naps, | employee who has | aotains er termes | ty under tw 10 ‘ile, depeves 2 person of | deisin'@ person who ier and Satine ‘a person wiht legal ground an _| ‘Tiine is —apainat | Come against the persona ibet) and | ndarerta law of ect the Sata HOWEVER, i such public oar has no duly to ‘elain a parson (e.g sentay Inspector olor) ‘dhe detains a person, he bable under WS ART, 208, SLIGHT ILLEGAL DETENTION Detigito [Any prvate Indidual who shall no | commit the crimes described inthe ext preceding aricle without the aitendance of any of the ‘roumetances enumeted therein Elements | PaN-03 (@) ye Ac That the offender is 9 Brvate pateon: 2, That he kidnaps or Dotains another or in any other mane Soprivas tho vet of Rory oF he furnishes the pace for the perpetuation ofthe detention; 3. That the act of detention. of ehnapping mast be Megat ane 4, That the oie 1s. commited out he attndonce of ary of| the cvcumetaneesenumerses int 287, Penalty | Prision mayor If te partpation isto fais the place forthe cme, hela azed io 8 foal co- pincpal. Bul the cooperation is by any other act than| urishig the place, penalty is one| ogres lower CRIMINAL LAW PRIVILEGED muTicaTING CIRCUMSTANCE (VOLUNTARY RELEASE} ihe offender 1. Naluntaly releases the person 20 tcnapped of detained wit 3 days fom. the ‘commencement ofthe detention 2. without having altined the purpose intended, ‘nd 3. ofere the instaton of erminal proceedings ‘gains hie Noes: The trae roquistes must concur [Must be shown bythe oflender that he was in a positon to prolong the detention for more than 3 days and yet he released the porson detained wn that tne, ‘Voluntary roleao isnot considered prveged mitgatng ithe vii ¢ 8 woman (considered ‘esl legal detention. ART. 269, UNLAWFUL ARREST [Any person who, in any cave ober nan those utorized by Taw, oF Definitio | want reasonable ground therefor n shall ares or detain anata forth puposo of ealvenng him 10 the Proper autores ADAN @) 4. That the lfender arrests ot Detaine another person; 2. That he purpose ofthe offender 1s to dale him tothe propor ‘Authontos: and ‘That bw amest of detention is ‘Not outovizd by law or tare no reasonable ground thee. Elements ‘Arresio mayer and a fn nal Penalty | orcaecing P100000 Notes: Offenders any person. Ether a public officer for privat indial may beable, + Publcoicr ether hasnoauoy to ares or detain person or has not acted tn is ofa capaci | Ares detention refers to warns aeats Page 175 0277ATENEO CENTRAL BAR OPERATIONS 2019 “ARETTRARY —] DETENTION | UNLAWFUL ARREST ] Canited by = pub | Conmnited by any cofcer or ‘employes | person, not authorized Who dotans @'person | by law or hes no legal Wo-any legal ground | found there, against | another person fr the purpose of delivering the fater “to. the proper fsuhortes SECTION 2, KIDNAPPING OF MINORS ART. 70, KIDNAPPING AND FAILURE TO RETURN A MINOR Definition £o2) ‘That the ofender fe Enrusted with the custody of minor person sand a 2. That he Delberately fale 10 restora the said minor 10 Nis paren Elements ‘This may also be commited by th mother or fthor ofthe chi. When| Commited by 9 parent, penaly ‘resto mayor Penalty Essel elernont which qualifes the ime offenders entrusted th the custody ofthe minor YIDNAPPING & KIDNAPPING AND] FAILURE TO RETURN | SERIOUS ILLEGAL [AMINOR (ART. DETENTION 270) (ant. 287) | Punianes he datberate | Ofender ie net {slur by the porson having the eostosy of parentsigquercian fentusted with the istady othe vein [CRIMINAL LAW ART. 271. INDUCING A MINOR TO ‘ABANDON HIS HOME SLEMENTS: LA ‘That the minor Ie Living in the home of his parents or guardians or the parson entustod fh his estoy, nd 2, That the offender Indvces a minor to abandon such home, Notes: Inducement must ba actual, commited wth minal intent and determined by 2 wil to 2use damage. + The minor should not leave his home of his mn fea indice" = ta influence, to prevall on, to move by persuasion, to nai by motves The minor need no setaly anon fis home or home of guerlan. Mere commiseon of any fact wich tends 10 Influence, pervade OF Brevallon arin to abandon hishome s what oneiutes a erie, + Miigated i commits by the father or mother ofthe vt, ~ apis 10 As, 270 and 271, ‘SECTION 3, SLAVERY AND SERVITUDE ELEMENTS: SKPD-E (2) {1 Thatthe oflender Burchaaes, Ses, naps or etsins shoman being: 2. That te purpose of te fender ftoEnelave sugh humen being QUALIFYING CIRCUMSTANCE - ifthe purpoea soma immoral rae (ex. Prostitution}. NOTE: Purpose must be to enslave the victim ‘terse, is kidnapping or legal detention. SLAVERY ~ proving services wl remuneration whatsoever, (Reyes v. Agjaso, GR. No. [9871 ‘August 24, 1910) ART. 273, EXPLOITATION OF CHILD LABOR ELEMENTS: RAP (9) 1. That the offender Retains 2 minor in his 2, Thal Agsinet tho wil ofthe minor ane 3. Thal Ills under the Breted of rembursing hime of et incurred by an ascendant, {guardian or person entrusted win the custody Steven ming. Page 176 0f277 000090000090990000 eaonnqnn000090 caoN9NDNINDNDNNADA ON0900 Oo og900900 COARKRADANDD no [ATENEO CENTRAL BAR OPERATIONS 2019, NOTE: Indebtedness Is ota ground for detention ART. 274, SERVICES RENDERED UNDER ‘COMPULSION IN PAYMENT OF DEBT ELEMENTS: CA (3) 1, Thaltheofender Gompels a debtor to work or faim, ether a8 Rousehold servant oF fam laborer 2. Thatitis Agsinat he dobtrs wi and 3. ‘Thal the Burposo isto roqute of enforce the payment of ado NOTE: DebiorGredlor relationship mist exist _ctheruise, ere commited is coercion ‘SERVICES| EXPLOITATION RENDERED | OF CHILD LABOR UNDER (an 273) ‘COMPUSION IN PAYMENT OF DEBT (art 274) Daas ‘ot | Viel a minor distinguish whether the vietm's.a mine Debtor is | Minor is compalod compoled to | to vender sonices wore or oftender, [for debt of ond arenguarcan; ‘nd Tinted To | Send nat Fred to household and form | household and farm wo | wee CHAPTER 2: CRIMES AGAINST SECURITY SECTION 1. ABANDONMENT OF HELPLESS "PERSONS AND EXPLOITATION OF MINORS ART. 275, ABANDONMENT OF PERSON IN| DANGER AND AGANDONENT OF ONE'S ‘Own vicTiN PUNISHABLE ACTS: 1. By faling to render assistance to any parson lahom the offender fines in an urinated place wounded arin danger of dying, hen he fan rander uch assetance without detiment ‘o himsel, unless such “omsion "shall ‘constitute @ more serous ofonse;, ELEMENTS: NWR (4 1 That place is Not inhabited, CRIMINAL LAW 2. The acaused found there person Wounded orn danger of dying 3, Tho accused ‘can. Render assistance witout detent to hime and 4. The accused Balls to render assistance; 2. By falling to help o¢ tender assistance to another whom the offen as accidentally ‘Wounded or injured; ana 3. By falling to deliver @ child under 7 whom ‘ho offender has found abandoned, ‘0 the authostles orto is fail, oF by ating to take ‘im toa ate place (may be applied Io 9 lot end. ART. 276, ABANDONING A MINOR, ELEMENTS: C-U-AN (4) That the offender has the Gustody of ci ‘That the childs Under 7 years of ‘That he Abandons such Gil an ‘Thal he has No got o kl the child wen the late is abandoned Notes: ‘Abandonment must be conscious, deliberate, {and permanent. {Gualtyng ercumstances: Bi te was in danger because of the abandonment Parent gully of abandoning their children shall be deprived of parental ‘surly Intent tet cannot be presumed fram the death ofthe cd = Such presumption applies only 10 crimes ‘against ‘parsons NOT’ to. climes against becunty ART. 277, ABANDONMENT OF MINOR BY ‘CUSTODY; INDIFFERENCE OF PARENTS PUNISHABLE ACTS: 1 By delivering a minorto a public institution ar iher persons wo consent ofthe one ho fntrusted auch minor 10 the care of the sffender or, Inno absence ofthat one, without the consent ofthe proper autores; ELEMENTS: C-O.4N (3) 1. Offnder fas Gharge of the rearing or fcveaion of minor 2, To rear means to bring to maturity by ‘educating, nourishing, te 2 He ‘Delvers sid minor to 2 publle Page 177 of 277ATENEO CENTRAL BAR OPERATIONS 20 insttuton or othr persons. and ‘3. That the one wo entrusted such chi to the offender has Nat consented 1o such {ct orf the one who entrusted auch ch {© the offender ig absent, the proper ‘uvorties have not consented to and 2. By neglecting his children by not giving them edueation which thelr station in Me requires and faancialcondtin permits ELEMENTS: PAN-SF (3) 4. That ofender i Parent: 2, Trathe Neglect his chisren by no ging them education; and 3. That fis Slaton in fe reques auch education “and his) Eancialcondtion permits it Notes: Obigation to educate chien terminates if totter and” chien cefusewiout good reason te wih accused, Falure to give education must bo due to deliberate desire to evade such ebigation “ABANDONMENT [ABANDONMENT OF OF | MINOR BY| MINOR (ART. Person! 276) ENTRUSTED wire fis cusToDY; INDIFFERENCE OF | PARENTS (ant. 277) Gistoay of bffender'specitc | Custody slated in STorrearngor | general terms scat af minor, Winer = under 18 [Minor onder 7 year rs ofage:and_—_| of ager and Minors delvered | Winor te abandoned We | | to public such ¢ way to depave inctuton or other | him of car and pers. prtecton ARTICLE 278, EXPLOITATION OF MINORS PUNISHABLE ACTS: 1. By causing ny boy oF ltl under 16 to perform any dangerous feat of balancing, physical stengin'or contortion, the ofendar beng any person, 2. By employing children under 16 who ere.not {he children at Goscendont of fhe ofender in fexhifons of serabal, gymnast, rope-walke, ‘er oe wile animal tamer orcs manager CRIMINAL LAW x engagod ina similar ealing 3. By employing any doscondant under 12 in dangerous exhibitions enumerated inthe next preceding paragraph, the offender being engaged in any of said callings: 4, By delivering a child under 16 gratultously to any person folowing ary of He callngs ‘enumerated in paragraph 2 oto any habit Vagrant or beggar, the offender beng an ‘ecendant, guardian, teacher or person rusted in any eapacty withthe care ar such il and 5. By inducing any child undor 16to abandon the "home of fis -ascendanis, guardians, ural or teachers to follow any person fengaged Ia any ofthe eabinge montioned in peragreph 2 ot fo accompany any habival Vagrant or baggar, the offender Being any pean. QUALIFYING CIRCUMSTANCE: the elvery ofthe chido any person following any of {he cating of + acrobat + ropewalker 2 dveror 2 sihanimal trainer or ‘Sreus manager or {o ony habital vagrant of Beggar (use Dut Doll) fs made In cnsigeralon of ay pee, ‘compensation or promise. + Offncer shale deprived of parental authority ‘rguardanship ‘+ Expltatan of minor must be of such amature astoondanger hie or safety. (OTHER OFFENSES: ‘The offenders Hable nat only fr the abanconment ar expotaion bat also fora ts consequences ‘98 a: rosih, physical injures or death resulted ‘nother cme le comes by authonty of Ase 28. Page 178 0f 277 000 Qa909000 e000 ooo Coo00 O° cocannnoannaoAPANNDDDAANDNDTINADNAANANADNAAD °° AAOND AOA ATENEO CENTRAL BAR OPERATIONS 2019 SECTION 2. TRESPASS TO DWELLING ART. 260. QUALIFIED TRESPASS TO DWELLING Tis an oni of private individual ine dueling of anotner against te| laters wil whather or not the ent was ationded by. vielenco or Detinitio nimisation, I Pea | “That the offender is a Brvate elements} , Perse 2, That Re Eniors the dwoting of anotrer an 8. That such entrance & Against thalators wil resto mayor and aie nat exceeding Two huncred thousand pesos (200,000), Irth efense be commit by Pensity | means of valence or nimdation, the penalty shall be prsicn [comeccianal nis medium and ‘maximom periods anda fie nt esos (200,000), QUALIFYING CIRCUMSTANCE: I the fence is commited by means of Wolence oF intimidation noTes: There must be an opposition onthe pat ofthe ‘uner af the house oth err of to accuse. Mare absonce of hie consent or permislon is rot enough Prohilion may be express oriole Dean: any bulléng or structure exchusively devoted for reat and comfort, depends upon use; maybo. a room imped probibton ‘Sepending on circumstances. Impted prchiblion Is present considering the following situation: Ec Felony was commtied late atrighland everyone's aslaep or nance was made Dough the wincow. Prohibition must exist proc to o atthe time of Prohtlin isnot necessary when vilence or intimidation is employed bythe offender. c\iclence or intimin may take pace immedtstly ator the entrance, when there ie 70 over act of the cime CRIMINAL LAW Intend tobe commited (Ex. tha), the crime Istrespass to dating. Trespass may be ‘committed even by the cower af the dueling against Te acta! ‘ecupant theret IF the fender Is a puble officer, the crime commited veaion of domiole’ Under Art. ‘28, NOT APPLICABLE: 4. Whe ‘he anlrance is fr the purpose of praverting hrm to hiel, tne ccoupants or third person 2, Where the purpose Isto render some service fo humanity of ustee 3. When the scmised entered the dweling {trough the window, hehas no intent kal ny person nse. His intanton to kal came fois fring whon ‘he was boing arrested. by Secupanis tere trespass to dweling is a separato ond dtinct ‘fence fom rata ted homicide 4. Where a person enersosiabishmants which cater to public cence while stl open for such patronage, 5. 10a public offer or person authorized is conducting a vals Seizure (Rules on 3) crestor valid search and Crminel Procedure, Rule ART. 261, OTHER FORMS OF TRESPASS ELEMENTS: EU-PN That the offender Eniess the dosed promises othe fenced esate of anather PREMISES ~ cignfes 6 distnct and definite localiy which is fad; Tra he anrance made while ether of ham ‘s Unienaoion ay ‘Tha the Briton to enter be manifest; and That the Weapasser hea Not eccured. the omission of tho owner oF tho caretaker Tereot ‘QUALIFIED TRESPASS TO DWELLING (ART. 200) ‘OTHER FORUS OF TRESPASS (ART. 284) ‘Offender a private person: The offender entasa dwoling hovees Inhabited Page 179 0277 ‘Fender any ore person; ‘Oflender entre dosed ramses or fener estate UniATENEO CENTRAL BAR OPERATIONS 2019 at cnttaang We frag rtering the | Entering of sad vating promises "witht against wil of owner, | permission; and a eee Prohibion em —— Prohibilon must be fentesing may _ be | manifest. |Lexpress oie SECTION 3. THREATS AND COERCION ‘ART. 262. GRAVE THREATS PUNISHABLE ACTS: 1. By threatening another with the infiton upon Fs person, hone oe property or that of bis family of any wrong amounting to cme ‘nd demanding money ar imposing any ether Condon, even though not unlawfl end the ‘ender attained his purpos 2. By mating such tveat without the offender attaining his purpose; and 8. By threatering another withthe infction pon his person, honor or property or that cf his amly of eny wrong amounting to's crime, the ‘threat not being subject to 9 condition ELEMENTS OF ACT NO, 1: T-W-D-A (4) 4, Tat the offendor Zitat anor person vith the fnficion ‘pon the laters person, hhaner or propery, oF unen Ihe ltrs fami of any wang 2, The Wong amounts to acre; Thee Demand for maney of thatany oer candton impesed even not Uniafl and 4. That the ofenderAtalns his purpoes. ELEMENTS OF ACT NO. 3: T-WN (3) 4. That the fencer Threatens another person ‘with the teticion Upon the laters. person, hhonar or property oF upon the ial’ ay, af any ong, “The Yong amounts to a erime: and “The eat e Not subject oa canon. Notes: Aggravating circumstances: (1) made in ‘iting or (2) made through a middleman. + Threat must mat mace in heat of anger, because such treat would be punished as “other Light Threats Grave threats may be commited by inoct ehallenge to a gun Fight, even If complainant twas absent when chalenge wae mace; Ils Sufi tat treats came to knowlosge of sffended party. Treats “made in comecton wth the cr WAL LAW commission of other efnes are absorbed by the later ‘The ofenderin grave threats does not demand the colvory on tha spot af the money or thor personal propery asked by him. Otherwise, {hats roboery by intimidation ‘+ Essemtalthat here be lniidatos:that here's 2 promise of some future harm or inry ‘ot toatoned 1 be dane must be wrong Punishment: Ifthe thest shall not have been ‘made saeco coneiton, tha panaky atresto ‘mayor and fine nt exceeding 100,000, ART. 283, LIGHT THREATS. Definite |The wrong featened doesnot a amount to 2 crime, THA) 4. Tat the offender makes 2 “Treat to commit a wrong 2 That Be "wrong dows Mo 3, That there isa. Demand for money or that other condition i imposes, even though nat uniawl ana Allsinod. oF not attained he Elomonis Penaity | Amesto mayor eats, the wrong tveatened does not Requires that there be a demand of money or that othr condlton be Imposed Blackmating may be purished under this prowson Page 180 of 277 c ° Coa000 qa0000000 oa00a08O coONIAMANANAAAAANAD 000 enannnananannngannnoga ATENEO CENTRAL BAR OPERATIONS 2019, ART. 284, BOND FOR GOOD BEHAVIOR ‘The person making the threats under the 2 procasing aces (rave and igh treats) may S80 be reauired by the coun 10 give Ball ondoned upon the promise not mole! the person threatened PART 2a ART. ‘ond or goad Bond to Keep HS behavior peace, | Oni o gave threats | Roplcaton not To and ight paricuar cases invests sn Tes an adaibonat | Dieta peraly penalty and and, TPho shall fall to give [fhe Talat give bail he shall “be | the bond, be shall be senionoed ta | detained Tor a. period ester. not exceeding 6 months # prosecuted for grave cor less grave felony oF 30 day If prosecuted foctight ek ART, 285, OTHER LIGHT THREATS 1. Bythreatoning anather witha weapon (even ifthre's no qual), orby drawing @ weapon in quaro unless te in aut seldetenso: 2, By oflly threatening anclher, inthe eat of anger, wit some harm constituting a rime, wiheut persising. Inthe ides ‘vol inthe threat ang 3, By orally thratoning another with harm not constituting a felony Notes: ‘No demand for money o conton is involved. Thveat snot deliberate, “That which ornarly are grave treats may’ considered under tis ace ¥ mada inthe heat of anger ‘Whore tests ar dete to person whois ‘absent and uttered na temporary tof ange, the offense i oly ight teats Penalty resto menor or a fe not exceeding 40,000.00, CRIMINAL LAW, ART. 286, GRAVE COERCIONS, TWO WAYS OF COMMITTING GRAVE COERCION. 1 By preventing anoherby means of vtence, ttveats or iimicaton, from doing Something not prohibited by lw; and 2. By competing another by means of volnce, (treats er inimidalion to do. something against his wll whether itbe ight oe wrong, ELEMENTS: PC-VTLW (3) 4. Thata Person 4" Brevented another from doing something ‘ol profited by ior b. Gompeled anotier to do. something gaint his wil, be tight oF wrong, 2 thatthe prevention or compuision te effected by Yotencs, Treats, or tiation; an 3. About authariy of iaw or not inthe exercise of ay lawl ght WHEN PREVENTING NOT CONSIDERED COERCION: 1. Whon 3 publ officer provents the ceremoni ofa rolgious group under At. 132; 2, When a person prevents the meeting of a leglslatve assembly under At. 143; and (Congress fom atending meetings, expressing hig opinions or casing hs vote trough house OGftorce er nbmidaton, WHEN COMPELLING NOT COERCION: 4, When 1 pubic ofcor compels a person to change hs residence under Wt. 127 2d 2. When a person Kgnape nis debter to compe! him to pay under Ar 287 [AGGRAVATING CIRCUMSTANCES: 41. Velaion ofthe exeree ofthe right of sutrage: 2. Competing athe a perform a rlgious act 3. Preventing nother om exercising such ight or fom doing such act (as amended by RA. 800). NOTES: The ting povented from execution must ‘not be proibited by law. Otherwise, bore wil be ‘no coeeln, + Owner of a ting has no Fight to provent Imerfrence when such” Ierference is necessary to aver greater damage + Coercion s consummated even the offended party dc not accade To the purpose of the Page 181 0f277ATENEO CENTRAL BAR OPERATIONS 2019, ‘GRAVE COERCION LEGAL L DETENTION intent to deprive he | Went to deprive fended pary of hs | Ibery prsent Tents not exe WALTREATHENT ‘OF PRISONERS. Tike ofendod pays |The offended party = NOT a) prisoner, | 3 prisoner, extracting ‘erecting information, | information, using aing. force” F| fore o nimiton [nmidations coercion | mattestmen’ [GRAVE COERCION “GRAVE COERCION | UNJUST VEKATION ‘Ret of preventing by [Act of provening by force was mage atthe | fore wee easy fime te ofended party | done "when te ‘was doing or about 1a | silence was exert fo tre act prevented Penally:Prision correccional and a fine not ‘exceeding P100,000, ART. 287. LIGHT COERCIONS ELEMENTS OF PAR. 1:€-8-V-P 4) 1, That the offender must be @ Gredior of the offended party, 2. That he ezes nyhing belonging to his debtor 3. That the seizure of the thing be aecamelihad by mons of Volence of 2 display of material farce precucing intmisaton; ond 44. Thalthe purpose of the offenders to apply the same lo the Payment ofthe debi ELEMENTS OF PAR, 2 (UNJUST VEXATION) Any ottorexercion or unjust vexaton. Paragraph Zot ht. 287 covers unuat vexation. Innes ary human conduct whic, atough ot productive of some physeal or mater Ferm woul, however unjsly annoy or vexan innocent parson. Ught eoereon undor the ‘st paragraph ofthis aricle wil only be Unjust vexation tthe 3rd lament employing Wolence or intimation) s fbsent. ‘The paramount question to be considered is whether the offenders act cauted ennoyance, Irtatlon, torment, des, or citiroance 13 the mind of the person to whom is ected Punishment: arrasto mayor in is minimum plod and 2 fine equivalent to the value ofthe thin, but inno. case less than Pieen thousand pesos (15,000), ‘Any oer coerions oF unjust vexations shall be putished by aresto maner or afin ranging from ‘One thousand pesos (P1000) to nat more than Forty thousand pesos (40,000), o Both ART. 208, OTHER SIMILAR COERCIONS ~ (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS) PUNISHABLE ACTS: 4. By. forcing or compelling, ect or ine, of knowingly permiting the forcing or compaling ofthe laborer or employee of the offender to purchase. merchandlee. oF Commodities of any kind om tim, an 2 By paying the wages due his laborer or ‘employee by means tokens or abject otar than the legal tender curency of the Philippines, unless expressly requested by ‘uct laborer or employes ELEMENTS OF NO. 1: A-P (2) 1. Thal the ofencer i Any parson, agent or fcr of ory association or corperaton 2. That be or such fm or corporaion has [Employed laborers ar employees, and 3. That he Eorcos or compels, aracly or Inatecty, or knowingly pois tobe forced or competed, any of his oF Is laborers or employees 10 Burchase merchandise oF ommodites of any hind fom hen or rom said fimo corporation. ELEMENTS OF NO. 2: P.O-N (2) 4. That the offender Bays the wages ue 9 laborer er employes employed by him by means of tkers or obj 2." That those tokens or objects are Other tan he legal tender currency ofthe Pnilppines and 3. That such employee or laborer does, Not expresely request that he be pal by mers of tokens oF obec Punishment: arresto mayor or ne rarging ram Fry Thousand pesos (Pa0,000) to One hundred thousand pesos (100.000), er botr Page 182.027 c 0 eo00000n0 faelalaleletelelelelotetalelololelotete)o9 on9000 qaoannnannnnannnaong0ann0 0090 [ATENEO CENTRAL BAR OPERATIONS 2019, ART. 288. FORMATION, MAINTENANCE, [AND PROHIBITION OF COMBINATION OF (CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS. ELEMENTS: £4 (2) 11 Thal the offender Empoys violence or treats, In. such a degree a8 10 compel oF force the laborers or employers In the ttee and legal terse ofthe Indust or work 2. That the Burposa isto ganze, malniin or proventcoaltions of capital or labor, ska of Taborers or lockout of employees; anc 3. The act shall Not conshute ® more serous ofense NOTE: Peaceful picketing is not prohibited: must be confined sticty and in good ‘ath to gaining Information and 'o. peacetul persuasion ane ‘xgumens; employing volence ox aking throats by pekatara may make them lable for cowicon Punishment: resto mayer and 2 fine not exceeding Sity Thousand Pesos (F60,000) CHAPTER 9: DISCOVERY AND REVELATION OF SECRETS THROUGH SEIZURE OF ‘CORRESPONDENCE Definti. [Any ovate ndvidual wh in oder n fo dseaver soeets of another, shat 28 hs papers or leters and Tavoa the content tert. Elements | PSP (4) oat the offender fe a Brvate individual or even a publi fear fot the exerice of his fei faton, 2. That Re Seizes the papers or eters of nother 3, Thal the Bupose is to discover the. secrets of such other patson: and 4. “That offender ie lnformed ofthe contents or he papers a eters soled, Penalty | Psion coreccional ni minimum and medium perogs ane 2 tne nat exceeding P0000 | the offender shall nat reveal such CRIMINAL LAW secrets, the penalty shal be areata mayor and a fine rol excoeding 00,000, Notes: [SEIZE - 0 plsco in the contro of someone thing ‘oF to give him the possession thereof Its NOT recessary that in the act, there be fore or Volenee, “This atl is nt sppiable to parents with respect to their minarchléren oo spouses ‘wth respect othe papers olla ef ether of Contents of he corespondence need not be secut. The purpose "of “the offender prevails Gualtying crcumetanee: When the offender reveals the contents of such papers or laters ‘0.038 peteon, This ale doas not requle that he offended party be prejudiced DISCOVERING PUBLIC OFFICER] SECRETS THROUGH | REVEALING SEIZURE OF|SECRETS OF CORRESPONDE | PRIVATE Nee INDIVIDUAL (arr. 200) (ar. 220) Prato indiiaial who | Publ offcer comes To sates the papers or | know of secret of any letters of another to | privato individual by | Iscover the later’ | reason of his ofc: ot neseevony_that | Pobic aon comes | ‘here be 9 soeet-snd. | know of secret of ary prwate incu by reoson of hs oft | | rare was, nat | Reveals aserat rocessary "to ‘be | winout justifiable reves means. ART. 201, REVEALING SECRETS WITH Definitio any manager, employee, or servant . ‘tho, in such capac, shall learn the secreis of his principal or ‘master and shall veal such Secrets. Elements | LR () 41 That he offender is a Manager, employee or servant 2. ‘That Learns the scree of his Page 183 0277ATENEO CENTRAL BAR OPERATIONS 2019 prcpal or master in such] Eapecty ane 3,_That he Reveals such secrets Penalty [Aresto mayor and a ine not exceeding P'100,000 NOTE: Damage Is not required by this article, Sevret_must be leamed by reason of thee smployment ART. 202, REVELATION OF INDUSTRIAL SECRETS, Defintio [person n charge, employee or n Workman af eny manutscring or Industral etabiahmant who, to The projuies oft owner Mere, ‘hall oveal he socrets ofthe industy of telat, [Elements [P-s-0-F (4) | That he offender ie @ Berson in charge, employee or workman of a manufecuring or Indust (etatenment 2, That the. manulacuing or Secret ofthe inaustry which the ‘lender has leamedy {| 3. That the Oflendor rvests such sorts: and 4. ‘That Breucice fs caused to the natty | Psion corecconal nis minimum and medium periods and fie nat fxceeding P 100,000 Notes: + Prejucice is an essential clement of this tffense. Tha revelation of the secret might be made aftr the employee or woraman had ceases to be connected wih sh PLEASE SEE SPL REVIEWER ON RA| RODANILUIRETAPPING ACT AND (88> quan secunme ac 2007. | ENO OF TOPIC CRIMINAL LAW L.CRIMES AGAINST PROPERTY (CHAPTER 1: ROBBERY IN GENERAL ROBBERY is the tsking of personal properly belonging to another, wth intent fo gain, bY means ‘tenes agains, or ntmidaton of any person, ‘or using force upon anything “oking, as an element of robbery, means depriving the offendas pary of ounershipt the thing taxon wth the charactor of permanency. The taking ‘Should not be under a claim of awnership, Thos, ‘one who tes tha property openly and avowedly ‘nde lai of til fered in good faiths not gut ‘of robbery even though the lan of oxmership Untenable, Sy». Gulorex, GR. NO 171879, November 14,2032) ARTICLE 299, WHO ARE GUILTY OF ‘ROBBERY ELEMENTS Pasty 4) ‘There must be Bersonal propery Belonging to another, 2. Urlawltaking of that oreperty: 3. Taking was wy Inlet to goin (enimue eran snd 4. That there. Is (@) Molence against or intimidation of person or”) fore Upon anything. Page 186 0f277 99909000 on00 00000 920 necaoceoacaaonn9290 CANAD909N9 200 ananeannanAaD0OO ro0oc [ATENEO CENTRAL BAR OPERATIONS 2019, DISTINCTIONS BETWEEN EFFECTS OF EMPLOYMENT OF VIOLENCE OR INTIMIDATION AND USE OF FORCE UPON Tunes. ‘Violence or | Fores upon things intimidation of persone — WHEN ROBBERY. ‘Aways, whenever [Only when Taree ‘iglenee against or | usec to eter: intimidation of ery | a. enier the peteon is present building, or bt break wardrobes, chests, or ony her Kins ot footed oF sealed fuente oF receptacle ince the Duliing orto foxce them open ulside ater taking the boul ‘BASIS OF PENALTY. a Tesi of the | Wien commillad olones an inhabited house, | Used, and public bung, or b. exsoncs: alice ‘devoted to of Feliglous worse intima 3 vale ofthe a property Value of taken, and personal whether or property is not Ireatera sffendere cay ere, | When commits in an urinhabes bing Valle of the property taken noTes: nial aking is complete when: ‘With volenceintinidation: propery must at least bo. In tho. possession of the ‘fender, and ‘With force: property must be taken cut of the baling + tonto gains prosumer fom unlawful taking ‘and. must concur with "personal propery belonging to another” Vien viclenoetinindaton must tke pace {2 General Rule: before aking ls compete; Bb. Excopton: when” violence resus in homicice, rape, intentional mutation, or any ofthe seious physical and _injses Under Ae 263, par. 4 2nd? = robbery wl be complexed with ay of those ian, even the. taking. waa akeady Complete whon the veloc Was used by the oifonder ‘Eran as an element. 2." Goneral ue: necossary, B._Exceptons ‘AL when the robbery is committed by breaking worerobes, chests, oF any alr Kn of locked or Sead urtire fr recaplacle. inde. an inhabled house, @ puble buldng or an odiice eveled tb religious worship, or By {ating such fare or objects avy {o be broken or frced open outside {he 299, subeiion (and 8 when the robbery In en uninhabited Bulang other than a pubs bucing or ‘omit by eaking any wardrobe, cheat or any sealed or dosed tumire ‘receptacle, orby removing a closed (seal recepacla oven i the same be broken open eleowhore (Ar. 32, pas ane 5) Prohibted artes maybe the eubjact mater of robbery “Taking neee not be immediately after the intimidation, SECTION 1 — ROBBERY WITH VIOLENCE [AGAINST OR INTIMIDATION OF PERSONS. ‘ART 294, ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS: PUNISHABLE ACTS 41 By reason or on occasion of the robbery, 2. Accompanied wi rape or intentonel mutistion 3, By reason or an occasion of rabbery, any of the ‘physical ris essing. insanity, Imbosity, impoteacy, o bincness Ices (rt 263, par 1) serious physical injuries resttingintne loss of tose ofepeech rthe Power hear orto smal othe oss an oy, Page 185 0277ATENEO CENTRAL BAR OPERATIONS 2019 hand, foot, arm, la, oF he loss ofthe use of any such member oF ncapacty for work i we Wel is habitually engaged Is inficiod (Ar 263, pat. 2) 4 TRthe walence oF ikimidation is cared to 3 ‘ogee ceary unnocossary forthe crime: inthe course offs executon les Upon any Person not responsible forthe commission of Febbery any ef te physical iures resulting to ‘elon. loss of any part of the body ort Use thereat oF ilness or incapacty for the perfranes of he work for > 90 day or > 30 {ays (nr 283, pas. 3 and 4) or 8. Does not cause any serous physical injures detined in Ar 263, orf te offer employs intimidation ONLY. noTes: + Tho crime defined in this arcs Is spacial complex crne. ‘+ “On the occasion” and “by reason” of the robbery mea “in the course” or because of robbery, + Roabery and homicide are separate offenses, ‘iran th homide woe not comme "onthe (ecasion™ “by reason” ofthe robbary PARAGRAPH ROBBERY WITH ELEMENTS 1. Taking of personal propery wih the use of otenee or nmin against persons Personal property thus” taken belongs to ‘anor 3. The aking is characteriza by intent to gain or nimi eran 4. On'he occasion of the robbery ot by reason theroo, the eta ot homiesde wee commited Homicide ie understood in its generic sense (le, induding partido and Hemiide may precede or may oceur ater ‘oberg, and need nat be commit In De Place ofreaber,. HOWEVER, nient 10. take personal property belonging to another with tent fam most precede the ling "ny person may be ile covebber i ill covered Parteipston ane tatty principale ‘Allwho pantcpated as prncpas inthe robbery are pincpals n robbery wih homicide athough they. cid not actually Take part nthe king, unless the Kling ofa CRIMINAL. LAW Itcleaty appears they endeavoured to revert the same; (Poople v.Carroze, 542 SCRA” 600. (2000)People Hemandas, GR. No. 139607, une 15 2008) and A Accessory Necessty of knowlege There is an isve regarding the penalty imposabie against an accessory. Wihout ‘rowedgo ofthe ting committed dung robbery Jurisprudence [People v- Doble, 114 SCRA 12%; Poople v. Acliano y Sanguesa, 95 SCRA 707) proviges that such an’ accessory could not have prevented the same, hence, should be an Secessary enly to the erme. of seme fbben; Art Sof the RPC provides that the ponaly foran accessory fs tho penalty Tomer by to degroes than that preserbod bylaw forte consummated felony. Since robbery cannot be disintegrated from the Special complex crime of robbery with homicte, tere an issue the basis ot such an accorsen’'s penalty. Distinguished tom ‘Highway Robbery: Conviction tor highway robbery requres proof that several actused were organized for the purpose of commiting Indeorminainy 9. When homie i nt proved, the crime Is nly robbery, and vie versa PARAGRAPH 2: ROBBERY WITH RAPE IR ig important to. coterine the prenary objective or Intent of accused Intent to gain from personel propery of another mast precede herane. Rape is commites on the aocsion of abbery, even if commited in another pace within the \Whan'rape_and homicide co-elst In the commission of robbery, rape is considered as {an aggravating ccumstance ony to Robbery ‘wth Homies. ‘Theres 0 Robbery wih stlempted rape ‘Additonal rapes. commited ‘on the same fecasion of fobbory wil not Increase the penalty PARAGRAPH 4: ROBBERY WITH UNNECESSARY VIOLENCE ‘AND INTIMIDATION. Tare are two eases proved Len the lence or intimidstion was ‘cariedto adogiea clearly unnecessary oF Ji Whon physica juries covered by su. 3 and of Art. 209 were inficted upon any Page 106 0277 97900 n9900 000 ana090000900 ° aanano accoO00 a00ann09 200 rpeenrnnannacannnnqdngqa0o9 ATENEO CENTRAL BAR OPERATIONS 2019 person not responsible forthe commission oF robbery, . Violence or iimidation inthe frstease need not be present before or atthe exact moment sen te bets taken: flay be coments at any te before the comers finaly deptved of hs propery. PARAGRAPH 5: ROBBERY WITH VIOLENCE OR INTIMIDATION IN OTHER cases 2 Aas done, either by ther own nature or by reason ofthe creumotances under which they tare executed, must inspre fear inthe person dosha wna hy are raced objective Wight (ue to sorte act on the pat of the accused) and NOT subjective fright (lear arsing tom tho. mere tomperamental"umidy af the offended pay THREATS TO EXTORT MONEY DISTINGUISHED FROM ROBBERY THRU INTIMIDATION THREATS TO ROBBERY THRU EXTORT MONEY| "INTIMIDATION. Condiional or —] Atal ‘ture and intmidto [tna trian may be trough | personal intermedia inimidaion inimidaion Ts may refer to perton, honor ‘oF property of the etendod pary:and Goin ie not | Gains mimediate leet, rected ony tothe ‘offended pany: and ROBBERY WITH VIOLENCE DISTINGUISHED FROM GRAVE COERCION. ‘Victnce i wed. CRIMINAL LAW. ROBBERY DISTINGUISHED FROM BRIBERY ‘ROBBER RIBERY “The Buner ofthe | The Ger of the propery iat comma | propery was 8 crime but is | commited actme ara Inimidated to deprive | gives money as Way 12 Fin’ of his propery; | vod arest or on prosecutor, and” Deprived of maney | Ghing of money Bia the force ar | eenae voluntary intimidation, neither ‘voluntary nor mutual | Example: Accused, a eantany —mapector, dorands payment of an amount with treats of ‘ret and prosecution after inspection In the ‘fenced party's store. The crime commited i= robbery Berause the principal sstincton from Bribery she voluntariness ofthe ansacton en the patel the owner of the propery. (People. | Lerenasco, Gi No. 21300, March 26,1924) | ART. 205, ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED (OF FIREARM ON A STREET, ROAD OR ALLEY (QUALIFIED ROBBERY) INSTANCES QUALIFYING ROBBERY WITH VIOLENCE AGAINS! OR INTIMIDATION. OF PERSONS {iin an uninhabited place, 2 bya bang, oF 3. by altacking a moving train eee car, motor ‘vehicle or ashi, oF 4. by entering tha passenger's comparments.in ‘tesn, orn any manner aking ths passengers thoreo! by. surpfoe. in” tre respective conveyances, ¢ 5. on a aoa, tad, Nghway or alley and the Intimidation ie mace wth the use of Sresrma, weer tenad or unscenced NOTES: This arte will not apply to the special complex crimes of ebbery wi homicide, rape, oF lw sors physical ijunes under paragraph 1 of a 263. ‘usb alleged in he intormation and proved Trieattogan [No intention ‘uring ia and + cannot ‘be offset by gona mitigating ‘roumstances. Page 187 of277[ATENEO CENTRAL BAR OPERATIONS 204 CRIMINAL LAW ART, 298, DEFINITION OF A BAND AND PENALTY INCURRED BY MEMBERS. "THEREOF ROSBERY IS DEEMED COMMITTED BY A When a least & armed malefecor ake pat REQUISITES FOR LIABILITY FOR THE ACTS OF THE OTHER MEMBERS OF THE BAND: M-P-AN (4), 4. That the necusod was a ember of the ban 2 Thathe was Bresent al the commission of 8 robbery by that band, 3. Thatthe other members of he band commits an Assault ara 4, Thathe ci Not attempt to proven the asssult, NoTes: the robbory and assout was commited by a band and on conspiracy (oven I it was for robbery ony), allpartcipants ar lable; ursess 4. The. a02ises prevented the 2esaul oF some to proven or b. The accused's principal by inducement sto the commission ofrabery UNLESS he ordered such ling or the commission st other eros, Proat of ennspiracy enol necessary when our fr more armed persons committed robb. Ieape was comet by ene member ofthe band without the inowledge ofthe others, he alone gully of robbery wath rape. [ART 297. ATTEMPTED AND FRUSTRATED ‘ROBBERY COMMITTED UNDER CERTAIN ‘CIRCUMSTANCES ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE ‘Te crime fs 9 special complex crime. 1 The term "omiige” is used In ts generic senee. I Incudes ANY Until Kling 2. There must be overt acs painting 0 robbory. Vinen homicice commited. win a qualiving Croumstance thon a. figher penalty shall be Impose e.g. murder or pameide, Distinctions (People v. Vilanueva, C:A~ GR. No, 2676, May 31, 1820) ‘AL Att 234 pple if the offense commited is consummated robbery wih homicide. 8, At 297 apples tthe offense commited Is Stem or ustatadeboy wth homide ©. Art 48 apples if the offense commitiod ‘tempted or fsratod robbery but only Selous physical injures. + Provided serious physical nies must be fmployed 22 the novessary means of ommiting rbry 1 physea juries were infictod on the victim, but no intent to all was proven ad he vee dd ot Gi. tabi otter may be aos if physical injres was commited as 2 means for the commision of attempted or frosated rebbory, the injures aro absorbed. The crime ‘hall ony be atempied or fustatee robbery 2. I physleal was commited onthe oceasion of robbery butt as means fr the commession Of attempted oF tustroted robbery. they are raed 25 separate crimes of aerpied frustrated ebbery AND physical nutes 2. Ih toby king and physteal injures” wore commited on tha accason, the crm shall be penalized in aceordanee With Art. 297, bul fh phystal ri wal be absorbed, “The ponaly is the same whether the robbery is attempted or ruse, [ART 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION Detinito [Any person whe, with intent 10 n Grave another, ty means. of “iotonesorinimidatin, sna compel | hi to sign, exzeute o deliver ay Buble nsrinent or document Elements | (oan): 4 That the otender has intent to defraud another 2. ‘That the ofender compels him to sign, execuo, or datver ony pubic inetrument or dosnt ne 3. That the compulsion is. by means." of wlolence” oF| intimidation Penatty | Same as robbery Notes: This atl isnot apeiicable If the documents voit + Distinguished rom grave corcon © When the offenced. pary under Dalgation to sign, execute or dever tne ‘ocumant unger he law or when there is no intent o defraud, itis grave coercion. © “Pubse" describes instument oo}: henca, arte also apples 1 prio of Page 188 0f277 9929997930909 9 eaaanna09g00000 oan neea9 9O93990 foal DAD TOATRLANADAAADRANDNAOD ATENEO CENTRAL BAR OPERATIONS 2019 commorcial doce, ‘SECTION 2 - ROBBERY BY THE USE OF FORCE UPON THINGS ‘Two (2) INSTANCES: 4 Robbery occurred n: An inhabited house or pubic busing or edice devoted to religous warship (At. 209). 0 b. An uninhabited place or in a private bul (Art 302), ana 2. I the offender dd not enter the promisas Uwough any ofthe means menitoned in Ar 299 (a), but the offender broke a wardrobe, chest, ary oer kind of locked or osed ot Sealed furiture of receplace in the house ot building, er he took away to be broken oF forced apen outside. [ART 290, ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP SUBDIVISION (A) ELEMENTS “Thal the offender entered a aninhabted house, or pubic bulang, or 2, Thal the entrance was effected by any of he folowing means 2 Threugh an opening rot intended for entrance or egress By breaking: any wal, root, or floor or beakng any door oe window, BY using fase hays, ploks or slmiae fools, of 4. By using any Tetious name e pretending Ihe exerice of public authonty, and 3. Thal once inside the balding, tho offendor took "personal property belonging to ‘nother with intent to gan Definition A. An Inhabited house ' any sheter, ship or ‘vessel consitung the dweling of one or more pereons evenfinhattents ae not recent Pubic buling i every buiting owed bythe Government or belonging to a private person but used oF ranted by the Goverment, ‘though temporaly unoccupied bythe sare, NoTes: ‘There. must be intenion to take personal propery in entering the bul, ‘The ofonder must enter the bung n which therobbery was commited (6, hole body CRIMINAL LAW the culprit mustbe ini the bung), Flee keys ae genuine Kays scl from the owner of any kaye other than those intended by he onmer forces in the lock foresy opened by the offence (Art 305), Plekioc or similar tools are thse specialy adopted to the commission of rabbery (Nt S04) When the false key is used to open wardrobe ‘or lock rocaplae ot erawer onside Soo, Nigonlython. Using GF feitous name or pretending the ‘arese of pubic auhorty musibe ts etficent ‘cause ofthe opening by the offended party of the doar of his house othe accursed. ‘The four means deserved mus be resorted to by ofendor to ontor, not to gat ot. SUBDIVISION (@) ELEMENTS 1. Thal the offender i nse = aweling house puble bulling, or edice devotes to religious worship, regards of the ceumstances Unde which he entered ana 2 That the offender takes personal property belonging to sneer wit ilent to gain under any ofthe folowing crcumetancos: 3 by the Beeaking of doors, warerobes, chests, or any other kind of locked oF », bytaking sven fumure or objects away to be rosen or force open outside the place ofthe robber, Notes: Entrance need not be effected by anyof the ‘mosis mentoned in sudiion 3) + “Doors refer only to "door, is, or opering heels” “of furniture or other posable Feceptacios — nol to nse doors of house oF bulk, When sealed box is tken out for the purpose of breaking ft crime ie aready consumetated Fobbery. There is no need to actualy opan it Inside the bang tom whore it was taken, ‘Distinguished rom estas or thet 1 the box vas consded ino tha custody of fsonised and he takes the money onlaned therein the ee is esta 2. he boxwas found ouside athe bulding tnd the socuoad forced Itopen, the ere iether ART 300, ROBBERY IN AN UNINHABITED PLAGE AND BY A BAND. Penalty in provieus ale will bo the maximum period it Te Rotvery with force upon tings is commited Page 189.1277ATENEO CENTRAL BAR OPERATIONS 2010 CRIMINAL LAW in an uninhabited place and by a bond elsewhere, ‘tho inhabited hovse, pubic buling, oF tealice‘doweted. 10. rolgjoue worship Notes: MUST be located in an uninhabited ~ Uninhabted place mears an uninhabited pace: busing, [AS OPPOSED TO: Robbery with velonce against ‘F ntinidaton of persons which must be ‘commited in an unisnabted place or by a bara. ART 201, WHATIS AN INHABITED HOUSE, PUBLIC BUILDING, OR BUILDING DECLARED "TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: REQUISITES FOR DEPENDENCIES (CIP) elements) ‘All iteror cours, corals, warchovses, granavies or enclosed places mustbe: 41.“ Gontiguous io the butting: 2. Raving an Interior entrance connected Torewh, ond 3. Forming Bart ofthe whole + Place is si carsderedinnatited even if the occupant is absent when robbery Orchard and other lands for cxtvation or fependencies (at 01, par 3) ART, 302. ROBBERY IN ANUNINHABITED PLACE ORIN A PRIVATE BUILDING ELEMENTS; 1. Thal the offender entered an uninhabited place ora building whicn was nets dweting house, nota pube buling, or not an eatice devoted to rlious worsp: 2 That with Intent to ga, the offendor took ‘herettom personal property. belonging to another 3, Thal ty ofthe folowing creumstances was resent That entrance was effected trough an poring not ifonded or entance ot b. Ava, root, Moor, oF outside door oF tind wa ore c. Theentance was effectes trough te use of false Keys, pickocks or oer sina took 4. oor, wardrobe, chest or any sass or ‘Sosed future oF receptacle was broken ©. A close or sealed recapladle was removed, evenifthe same be broken open Buleing includes any kind of structure for ‘slorage or salekeopng of personal property. Robbery ina store 8. AR. 269i te sore used as a dwelling ar if the store Isa dependency of an inhabited house wih en interior entrance Connected tere Art 302 =f tho stro fe not used a 8 wet: ‘aking of mail matter as defied in Ar. 234,298,297, 209,300 & 302 shail bs punished wih penaibes under th sa {rtles: ponaly is based on value of Broperty taken, Taking of arg calle is now punished under PD.53, [ART. 302, ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UUNINHABITED PLACE OR PRIVATE ‘BUILDING Definition: Caron sino noun 26 pay) = 2 rete immediate product othe sol Nores: \Whon the robbery described in Arts, 299 and 302 conse inthe taking of corel, ruts, ‘rewood, the penaly is one degree lower. 1 Applicable only to robbery by *oree upon things: + The palay must be kept by the owner a8 “seeding” or taken for that purpose by the robb, 1 Does rol include taking sacks of ule rca (Glgat) which fal under At 3902 Pago 190 0f277 59980909090 eo0nn9D0ONn anaa9°0 eeaanananOn90 BAR OPERATIONS 2019 CRIMINAL LAW Penalles for Robbery and Theft ce Fon of Robboryrthef — Penaiy Robbery nan inhabited house under | Ary anied person who shall com vabbary i an tahabited © An. 208 house er puble bulking of eco devoted to religious ‘worship, shal be punished by rocluson ternpara the vale ‘Of tho propery takon sal oxcood iy thousand. posos (50,000) \Wmon the ofenders do not cary ams, and the vale ofthe property taken excoeds Fiy thousand pesos (P50,000), the penalty next ower in degree shall be imposed, ‘The same ule shal be applied when the offenders are armed, but the valve ofthe property taken does not exceed iy thousand pesos (P5000). When sid ofendors do net cary arms and the value ofthe property taken does not exosed Pity thousand pesos (80,000), ey shal sulfer the penaky prescribed inthe two (2)next prececing paragraph, is minimum parod : Robbery of uninhabited place under| F te value of the propery eken exceads FAy thousand c an 302, pesos (PE0.000), shall be punished by priién corteccional in C fi mosium and maximum penieds provided thal any of the 5 ‘ualjing reams ‘when the vale of the property taken does nt exceed Fy thousand posos (P50,000), ho penalty next lower in dogrog ‘Aietnal | year Tor very Twlion pasos bu nto axeaed a total of 20 yaa%=. —— “Thai: value Te not more than 72M | Prison mayor ar ecusion tamper Thefts value ie more than GOUR But | Prison Sortoedonalin iz med and wax pared not more than 1.2m | ‘Theft value te more than Z0k but nat | Prison Sovacdional min and med ‘moro than 600K Theft: value(s more than 6k But nat | Avesio mayorin med ia prion coweccinalin ia ‘more than 20K = ‘Theft valu i more than SOU but nat | Aresie mayor more than Sk _| ‘Theft value i not more than 500 —| Aresto mayorin min and med Theft ie committed under the] Aresto minor ora tne net exceeding 2K cheumstences enumerated In paragraph 3 of tho Article 308 andthe Yalue of the thing stolen does not sxcoed Five hundred pesos (P500), if such value exceeds PS00 “The provisions 6 any ofthe Wve preceding SubaWSIONS shall bbe made applicable. ‘Win the value ofthe ting stolen fs | Arreso menor in is minimum paved or a fine ral exceeding not over Five hundred pesos (P500), | Five thousand pesos (P5,000} hd the offender shall have. acted Under the impulse of hung Poverty, oF the difcuty of eaming 2 fvelinood forthe support of himselt orbs family, oon DAOC ROCOCND Page 191 6277ATENEO CENTRAL BAR OPERATIONS 2019 ART, 304, POSSESSION OF PICKLOCKS OR SIMILAR TOOLS. ELEMENTS (PAN) (3) 1. That the ‘offender has in his Bossession picklocks or similar too 2 That sush pichocks or similar tools are specielly Adopted to. the commission of reobery ane 3. That te ffender does Not have lawful cause for such possession. ‘Actual Use ofthe piclecks or sila to Is not necessary. he abit of locksmth ie righer than tat of a mere possessor ART. 305, FALSE KEYS WHAT ConstiuTes: 1. ieklocks or sinitr tools not mentioned inthe ext preceding acl, Genuine keye stolen rom the owner and ‘Any Key oer than those intended by over for use & the lock foeiy opened by the offend Notes. Ihe key was enrstes tothe offender ane he sed itt see, cima is net abbery bu thet Poss ofan knysn (2) an (3) nat punishable. A master kay is considered a pleklook and its possession is punishable. (People v. Lopez GR. o-t-18769) CHAPTER 2: BRIGANDAGE ART, 206, WHO ARE BRIGANDS ~ PENALTY ELEMENTS: {There ae atleast 4 semed persons; 2. They formed a band af ebbers 3. The purpose i any ofthe flowing: 2. fo commit robber in theighway. or Bb to kidnap ‘persons for the purpose of fextrton ofa obtain ransom, or © to ata by moans ef force and vslence any ober purpose Nores: ‘The existence of any of the purpose mentioned 'ssufclent (Le, mere format) to conc, 4 any of tho mombece arise unfeanaed ream, al are presumed highway robbers or brigands. + firme’ cariod noad rot necessary be CRIMINAL LAW frearms—as long 2s they are weapons ia ‘general. (Poope ¥. De La Rosa C.A. 49.0.6. ee BRIGANOAGE DISTINGUISHED FROM ROBBERY BY ABAND Purposes are those | Purpose ie ony 9 ‘enumerated above; | commt robbery, nat nocessarly in higtoay, ‘Agreement 1 commit | Agreamant ie to robbery ot betes to | commit only 8 fone ccason articular rabbory Wore formation of a | Te necessary to band le suficent to | prove cual conv ane omission of s rosbory ane Bain require that he afenders fom a band oF | robbers, ‘THINGS To PROVE: 1. There is an erganizaton of more than 3 med persons forsing a band of robbers; enumerates, 3. They went upon the highway or roamed upon the county fr tet purpose: 3nd. 4, The oaueed fsa member of th band, ART, 307. AIDING AND ABETTING A 'BAND OF BRIGANDS. LEMENTS: 1. That thor ea band-of brigands; 2. That te offender knows the bard to be of bngands: ana 3. That the offender does any of the following sat {2 the offender in any manner ais, abets or protects such band of igands, or the oender gives thm infomation ofthe ‘movements of the police or ther peace Dfcors ofthe Government or ©. the wllerder sexoies or receives the propery taken by seh brigands, PRESUMPTION OF LAW AS TO KNOWLEDGE ‘Any person performing any ofthe acs provided in this arile has pertormedthem knowingly, Unies ‘he contrary is proven, Page 192.277 aCONCH ONOAGOONONHDCOSOSO90NONNAIIDASBAO ATENEO CENTRAL BAR OPERATIONS 20:9 (CHAPTERS: THEFT. another an, ‘6 without the consent oft owner, hun, sh ART. 308, WHO ARE LIABLE FOR THEFT CRIMINAL LAW for gather futs, cereals oF ciher farm procuets a Fling Shout ot be inthe fond or Det [Tet ee ating of eae font fie atte cco, eee pate oes sitgated nen noe ar ta, Reet tee attend wore no deed the ah he wy Srtnvaton cl peson stores ‘conta, People GN TER oe Sone 2 200) + Tatng le contuated te manent ho enon 1. Thats be ling of prsonal ‘andr has fi onsen fe ting el oer even ith dd nothave an oppanaty 2. Frat els propery belongs to igus oft sore tose moa he mover ‘Silig away orcarws say 3. That te taking be done win] + The "aking mtb ecomparie by he ihorto oa owen, a he to of he tli, 4. That te lag be done without Sito tihng wit chard ot ocrent ale sone’ and omonay. oops vik, a CA 5. That ttngbe scooped Boo 3103 Pope Goang et. CAs vata he tes. of wales eoc.ern Sint ‘or ‘imidalon "| + itr ogame resued om the Haas ca pon aes ‘nial ag Docent he pen takes te ting nee fe aot’ belo goad Mirae Saree oom a + Sonar tomer conta n ©: bette lec ont erititin Sheiovat fhe rs onsen ‘ot parsons nor force upon things, freely given and not merely implied ‘cake personal propery of another, afte othe owner & wanda tare coment egaion 2 Tote ry, ervistaeagy From EaTAEA B. fal to delwor the samo to the local THEFT ESTAFA suboties ers omer Tay — pai] at + Rautonctnereynereryfundietet. | possi eC | possession ‘Wha is punished is retin or flue to return wh intent o gin. Tre offenders knowledge ofthe denty of | actually taken" by hin objet) was given To 6. acoused and KS the owner of the propery is nt required. | with nointnt to retum His knowledge thatthe property Jot is enough. 3. Those who: transfered (Ex. by 2 cana of baimen) “to the fsecuted and he Takes the propery it ina @ gain av aller having maliciously damaged the Dropery of another, bo, temove or make use of the tuts or object, ‘ofthe damage caused by thom, + Kling the calle of anolber_ which eyed his(etfender's) propery and (geting meat fo hime isthe 4. Those who ‘enter an encosod estate o 2 fold where 1 ‘rospass 'sforidden orinich belongs to Page 193 0f277ATENEO CENTRAL BAR OPERATIONS 2019, INGUISHED FROM ROBBERY "THEFT ROBBERY, TF iolenes or] Wf violence oF intimidation | intimation commited ater | commited afar taking is complete, | taking Ts. complota virich "resatsin Foxoe f absorbed: | Fore i employed and tortor ane TackoF consent the | Wis necessary at comers suficen. | taking. mst be ‘gaint the wil of the owner, NOTES: Uniawil taking consummates theft fen in tho absence of the opportu t0 ‘spose ofthe personal property taken. The presumed inability of the offenders to realy Sispose the soln propery doesnot mean the Inti test reper ti nacaszary ove: "Te ofthe stere ofthe binge: 3 Thetis es property elgg to anethor, and That the accused having had the opportunity to return or daver the Tost Dreperty to Is owner or to the local Suthers, retained rom doing £0. ‘hare ano strated tha ‘Acual oF real gan i not necessary; enough thal on faking the property, the accused was ‘cluate bythe desire or inet to gal. Unies free upon things is used to enter 2 bulng, tis thet and not robbery EXCEPT it |g robbery whan 3 ‘umiture, chost, or ther lockediealed recepiale Is broken in. the house of bulling oF taken therefrom and broken ouside When a person possesses part of recently slolen propery hes presumed tobe he tit ofall unless he hat a satifsctory explanation this possession. ‘Thats NOT a continuing ofenes. pre CRIMINAL LAW [ART 309, PENALTIES BASIS FOR PENALTY: ‘The vale ofthe thing stolen; ‘The value and the nate ofthe thing taker ‘Tne crcumstances or causes tat impelled the cupatto committne crime. [ART 310. QUALIFIED THEFT ‘Said laing be done with intent fo gain; Ibe done without the oaners consent be accomplched without the use of violence ‘rItimidaton against persons, nor of force Upon tings: and be done under eny of the crcumstances below, ‘CIRCUMSTANCES FOR QUALIFIED THEFT i 2 3 tis committed by a domestic servant, or Committed weh grave abuse of confidence, ‘The propery stolons a 2. mosoe vehicle, mall mater, © aege ent ‘4 cocondt rom the premises of planation (wheter tin hetree or deposed onthe syound), ©. fish ftom a fishpond or shery: oe Conmited on the occasion of calamities, Vehicular accident and civil disturbance, NoTes: “Grave abuse of confidence” necossiates @ high degree. of confidence ‘between the fender ard the offended pay. (Ex. guess) there must bean ellegation ne oration of proof ofa relation by reason of Gependence, fuardianship or valence, between the ‘ccused and the offended’ pariy, tt has ‘awated a high degree of confidence betwen thar. ‘That Is qualfed its commited by one who thas socess othe place where scien property Js opt. (Ex. securty guards lls) [A bank's employees aro entusted wih the possession of money ofthe bank dus tothe Eontdencerepased i them ard a sh thy ‘ecupy postins of confidence. Thus when 9 bank manager issues manager's checks in cote fo take money from corn accounts -Denefithimse and another, each manager is gully of qualified thet. (PN v. Tho, GENO, Pago 194 0f 277 e7n0909090099 RMORARAARAANRAANANAONHOAGOP 9099D9aA00 mancanaanconerss mono cc [ATENEO CENTRAL BAR OPERATIONS 2019, 193280, Apri 25,2012) Theftby laborer soni simple thet not a thet by'2 housemates qualifod tht, + Nowstion theory apples only when there's contactal relationship between the accused nd complainant The by domestic senant is ALWAYS quale. PO 706: Quolifed Theft which penalizes any person who dreaty or narecy ul, gathers Femoves, or smugales timber, or ober forest rodets rom any of th publicfrest. 1. The of motor vehide 2.” Ant-Camapping Act of 1972 (R.A 6539) 2. That of ings cto 2. Ant-Cata sting Law of 1074 ART 241. THEFT OF THE PROPERTY OF ‘THE NATIONAL LIBRARY AND NATIONAL MUSEUM Ithas a fixed penalty regardless oft vale. Uns a higher penaky shouldbe provided under CRIMINAL LAW 3. That violence against _o| Intimidation of persons is used by the offender in occupying Feal property oF usurpation of teal ightsin propery nd | 4. That hore intent to gain. Penatty | ne of rom fy (50) to one punsrea (00) par sentry of th gain which he sal have obtained But notes than een tousana (15.000) esos. Fre value of he gain cannot be ascertained, fine of from Forty thousand pesos (P40.000) © One hundred thousand pesos (© 100,000) shall be peed. DISTINGUISHED FROM THEFT OR ROBBERY ‘USURPATION THEFT OR ROBBERY ‘Oasupatan or | Taking or esporato; Teal Tnvowes _pareonal | propery or teat |property: and ther provision of is Coce.(ag thatwihabuse | gh ‘of confidence pony fr quale tet) and PLEASE SEE SL REVIEWER ON PD. 1612.8 ITS Notes: IMPLEMENTING RULES AND LREGULATIONS ANTI (CHAPTER 4: USURPATION ART. 312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY Defnitio [Any person who, by means af] . Wiolenee agalnst or Inimidation of parsons, shal take possession Bary real property or shal usurp ary Teal rights in propery belonging (0 farothe, in. adden to the poral incumed for tha ate of violence executed by him Elements | 1. That the offender 1. takes possession of any eal propery oF , Sours ary real eights in property, 2. That the real property or real Fights belong to another, Vielencalinidation must be the mana used in cccupying raal property cr usurping real fight belonging to anther CCiminal acton Is not a bar 1 ul action for foraible entry. Wien there iso intent to gin, the crime ‘commited Is coeein, No vekonee Used and no intent to gai, the time i malicious mibe Page 195 0277BAR OPERATIONS 2019 ART. 313, ALTERING BOUNDARIES OR CRIMINAL LAW LANDMARKS. INSOLVENCY LAW | FRAUDULENT INSOLVENCY setnito [ny pewon who show ator the] | Tat the crrinal_eat] Ne requirement not efinitio | Any person Shah a | | ehould. have been | necossary. that n boundary marks or monuments of towne, provinces, oF estates, or any Jhar mare intended to designats| | nsvtonofnsovercy | have een Getomistce ofthe sone proceedings, ‘gdged” bankrupt etaneat brinsowvent ommited ater "the | defendant should Elemente |, That there be boundary marks or monuments of towns, provinces, oF estates, oF any ‘ther marks intended to ‘designate the boundaries of ‘he sames and 2. That the offender alters said boundary mark, Penalty |Aresto manor oa fine not exceeding P20,000, ar bath Notes ‘Intent to galn_or fraudulent inest Is not necessary: more alteration is suicient + Atorhas a general and indefinite meaning: to make cfferent witout changing Inte Something ese. (CHAPTER 5: CULPABLE INSOLVENCY ART. 314, FRAUDULENT INSOLVENCY Defnitio [Any person who shall abacond with ® Is property tothe preudiee of hie creditors Elements| (DAP) 3) P| 1, Offender fs @ Debtor: thats, | has obligations due and payable 2 Oftenser Absconds with Pi property and 3, That there bo Brojuice to his] crodiors. Ponaity | Oftoncaris a merchant Prison mayer FT'not Prison eomeccional in its maximum to pasion mayor Ins madi [Actual prejudice is required; mere intention to prejudice isnot sutflelent, may involve real property CHAPTER 6: SWINDLING AND OTHER DecerTs ART. 315, SWINDLING (ESTAFA) ELEMENTS, IN GENERAL [Accused defrauded anal; and 2 That damage or ‘prejudice capable of Pecuniary estimation is caused tothe ‘fended party or Vis person. 3. The element of damage oF prejudice may 8. That he offended party being deprived of his money or property, 2s a result of the detravdaton: b. Disturbance in propery righ: @ Temporary prj. +” Fraud, in Is general sonte, is deomed to comrise. anything collated to deceive, iiuing al cs, emissions, and concosimeni raving @ breach of logal or equtabe duty, {tus oF confidence just reposed, resulting in ‘damage to another, or by which an undue and Uunconscientous advantage Is" taken of ‘nother THREE WAYS OF COMMITTING ESTAFA 4 Wth unfatifuness or abuse of confidence: 2. By means of doce or 3. ‘Through Fraudulent Means FIRST WAY OF COMMITTING ESTAFA (Gy unfalthfulness or abuse of confidence) ACTS PUNISHABLE (3 Act): 41 Altering the substance Elements: 2. Oflender nas an onerous obligation to dolor something of valu; b. Thathe alors ts aubsionce, qventiy, or quaty; and That damage or prejudice ie caused to arate. Page 196 0127 AAIP|A eo00nqg900Nn09 oo00n ¢ neeanaannana0 ADO GQ ¢ iS G c c c C c ¢ [ATENEO CENTRAL BAR OPERATIONS 2010 ‘+ When there's no agreement 3 19 the ‘qualy ofthe thing to be delivered, he Galvery ofthe thing not aeceptate to the ‘complainant snot esata + Crime may arise even though the tigation based onan immoral regia conetderaton, By misappropriation or conversion Eloments ‘2. That money, goods, oF other personal property be received by the ofener In frust, or on commission, or for ‘tdministragon, or uncer any other Sblgation involving Wie uty to. make delivery of, oF to return tho seme b, That tere be misappropriation oF conversion of such maney or property by ‘hooffender, denial ons part of uch receipt Thal Such misappropriation or conversion or denial is to the prejudice of another, and 4. ‘That thee f= 2 demand made by the offended party to thootendor. NoTes: urea poccocson ightofposcoosion which imay be setup agains is owes wancterred. as eppoted to (a) Warsler of materal posatasion whch results in theft or (0) {Tansfr of onnership which rests incl fabiy only | Eis presumed that he possession of, and til fo, te thing delivered remain In the Conner’ when the delivery of chattel nas fot the elect of transfering the ural Bosasslen theroo, rtf heroto TH, Includes. qussheoncts and catia convacts of balment (depos, leese, ‘commodtum, but mat mtu [lan oF ‘money Ive China ably for estata is ot atected by subsequent novation of eantact afer fa has already bean consummated Incurred, or afar criminal information! complaint has akeady boon ed, Second element: 3 ways of commiting estafa Ww abuse of eanficence: 1 lsappropriation isto ‘ake something for one's own bones 4. Conversion is to use or depose of anothers property asf wore one's own: ‘The words “convert and “miseppropta connote anact fusing or dsposing of another CRIMINAL LAW ‘Third olomont: Projusic roars to “another” for any third parson and not moray to the UTA partner may be lable for esata Ife mmisppropriates he share of another patinor in profts or if he recalves ‘moneyipopery fora specife pupose and latermsapprprates it Fourth eloment: Demand is not required by law bit tig. necessary to provide ceumtantal evience, if there i fate to ‘account upon demancs Demand isnot spensed with even Nt offender carne! ba located BUT in Peoole-v.vileaas 159 0.6. + RH), Fe offender In hdng, ie 8 ‘oar indcaton ofa premeditated rienton to abscond wi the tng received and the eflender cous not have comaied wih the domand even ff mace, hence, demand is not nscessary: oF {there was an agreement upon specie lime for delivery oF rolum of te binge BUT in People vtibnes 148 if the reel signed by the. accused stilted aspectiod dat for te retu of {he thing, such spectied date feo ill a mand dispensing wih the need for & subsequent demand tobe made: and “Tore is no ostata through negligence. Page 197 0277ATENEO CENTRAL BAR OPERATIONS 2010 DISTINGUISHED ESTAFA WITH ABUSE OF CONFIDENCE FROM THEFT. THEFT WIT ‘ABUSE OF CONFIDENCE, | Gifender Takes the the | ting: and | Offender receives tho thing ror | offended party an _ Tin receiving the thing, | Fn recahing a the offender acquired | thing, the offender not only materal but | acquires only also juridical possession | materal or transitory aren, possession, le the |urtieal possession Femi nth the ‘ended pe ‘TEST TO DISTINGUISH ESTAFA FROM THEFT: ‘Whether or no te owner expects the immediate retum ofthe ting he dover to the accusod: a. yes, Rs haf B. ottermise, is esta; EXCEPTION: the ‘fender le servant demesto, or empiayee where custody is only precarious and for @ Temporary purpose or for a shor. period, hence, jrideal-or constructive possession remains with the owner (Constuctve Fis contol and managarant and sbjoct to is Aspoation the thing even if acti physio possession i akeady tranaerred) ESTAR —— | Gifenders are entrusted wih Tunes or property Considered aa a continuing fens ‘Always Tawoves| wolves publ private fonds funés or property, ‘Ofendarisapiveis | Offender is @ publ individual. ora | offer socountale pubic’ offeer” not | fer pubic nds and Becountabie for pub tunes; en ‘Committed by | Commited by rmisapprenriaing | appropriating, romering, | taleng or | denying having | receives money. risapproprating oF onsenting or tough berdonment oF heglgence perniting nother to take CRIMINAL LAW By taking undue advantage ofthe signature ofthe offended partyin blank Elements: (4) 4 That the paper with the signature of the offended party be in blank 2 That the offended party should have detvered tt oflender 5. That above the signatire ofthe ffendod party a document writen by the offender ‘wim sutorty to 050; ane. 4. That the document so writen creates 2 labity of, or causes damage t,he offended pat or any third person. Note: I the paper with signature in.blank was stolen, the cme is flticaton fhe offender made appear that tho vicbm_partcpated in 2 Traneacion when Wh fact he idl so artpate, ‘SECOND WAY OF COMMITTING ESTAFA (by means of deceit) General Elements fraudulent actor traudulent means; ‘rauduloi means mast be made or exocitod prlor to "or simultaneously with the omission ofthe fraud &. Thatino offended party must have relied on the false pretonse, fraudulent ac oF raudalart ‘moans, tate, he wae Induced to part with his money of property because ofthe false pretonse, faudlent ac, or fraudulent means; nd 4. That as a roa thereof, the offended party suffered damage ESTAFA THEFT BY MEANS OF pecer Trvolves both materal| Involves only material orphysial possession | or physical on Tunica | possession; and possession: snd ‘Awayeinvaves | May ormay not deca involve deoat ACTS PUNISHABLE (5): 4. By. using fictitous name, oF faleely Pretending to possess power, influence, Page 198 0277 c an anoans tt LO ncencanoOmoO9370A5 a0 oongf ceomanaannna Ceo BAR OPERATIONS 2079 qualifications, property, crest, agency, Business or imaginary transactons, or By ‘eons of other eilar dace (@) Weis indspensabie that tho eloment of fecet (re, the false statement oF Hreudulnt ropeezentaton) be mace prior to, of at least emutaneously wth, the detvery of the thing such thal the doco Used cansittes the very cause athe ony mote wien induses the complainant '0 Pat wth th ing NOTE: Ponal Scheme Is syndicated Estafa defined under paragraph 2) of At. 315, felation to PD 1689 (Decree Increasing the Ponalty for ctain forms. of ‘Swindling and Estafa). tis type of investment fraud that involves the payment of purported retums to exiting Investors from funds contributed by new Investors. Its organizers often sole mew Investors by promising to invest funds in opportunities claimed to generate high Fetume with ite or no risk, 2. By altering the qualiy,fneness, or weight of anything petaning to his ator business 2. By pretending to have hed any Government employes, wiut prejudice to the acton for calumny which the offended Bary may deem proper to bring again! tho ‘fender 4, By postdating a check, or ssung a checkin payment of an oblgavan when the cffencer fed no. funds in the ban, or his tds enced therein were not stent fo cover the amount ofthe check 8" rma facie evidence of deve far to ftopont the mount nacessery to cover ‘eck within three (3) days from receipt of nce "ftom bank of Gishonor for Insuficieney of uns b, The check issued must be genuine, and not felled, othensee, fe estat by means. of false pretense or through fasiteaton: & The abigation covered by the check must be convacd atthe tne of te issuance and delvery of the check. otherwise (2, ifora pre-eisting clgaton), nee sno sat; 4. The accused must be able to obtain something fom the offended party by moans of the check ~ damage. dane CRIMINAL LAW against the oflended part o 2, Thoro is no esta he postdated checks are issued ‘and inonded merely a2 2 ecu. “Tho payee should nt have been informed by the offender and the payee should net have known thatthe offender has no nds ‘orinsuflent funds. (Andon v People, GR ‘No 196388, March 14,2008) DISTINGUISHED ESTAFA BY POSDATING [CHECK FROM BOUNCING CHECKS LAW | —ESTAFABY — POSTDATING A (ART. 315, PAR. 203) Gifender employed ‘BOUNCING CHECKS LAW (BP. 22) Tio decal employed — deve _| (mata prontum) aye or _paicon | No damage necessary, Using” reseting the | an check “must be ‘Setrauced G damaged (damage being the basis or penalty: and i checks issued fora | for” pre-existing pre-exiating ‘obligation, blgation 5. By ary ofthe following acts committed at a hotel, inn, restaurant. boarding house, lodging house, or apariment house a. BY. blaring food, rereshment or Accommodation therein without aying therefor wih inert to" deteud the pronvitor Ge manager thereat b. By obtaining creat rein by the use of any false protonee: ane &. By abandoning or surepBiiousy removing ‘any part of rs baggage om bein ator btaning cre, food, rofechmert, cr accomadation therein, without paying teretr. Page 199 277ATENEO CENTRAL BAR OPERATIONS 2019 PLEASE SEE SPL REVIEWER ON BOUNCING GHEGKS LAW (B.P. 22) PLUS ADMINISTRATIVE CIRCULAR NO. 12-2000 RE: PENALTY FOR VIOLATION OF B.P. 22 AND ADMINISTRATIVE CIRCULAR ‘NO. 13-3001 RE: CLARIFICATION OF AC 12- 12000; AND P.D. NO. 1689 (INCREASING THE PENALTY FOR CRIMINAL LAW ART ATI of any ofthe acs defined undr the RE Note: Thre ls no complex cme of esata through falsicaton of prvste document the falcon fa pevate document is commited as 2 means to commit esiafa, the proper ere to be chargod 18 falsitcaton ihe stata can be commited witout necessity of falsying document the proper Gia tobe chargedis estat, (Balulanon y People, ‘GR No 130857, September 15, 2006) DISTINGUISHED FROM FALSIFICATION CERTAIN FORMS OF SWINDLING iad FALSIFICATION OR ESTAFA). ANOTHER: THIRD WAY OF COMNITTING ESTAFA (oy TO SIGN fraudulent means) ANY, | J ocuMENT ACTS PUNISHABLE (3 Acts) Titepresentaions | Ofendea pany was 41. By inducing another to sign any document; | asiothe character | wing and roady ttre decuments | tom the beginning ELEMENTS: execute tosign he 8. That the offender induoed the offended document. the party signs document Dott contained That decet be employed lo make him ign ‘atemente mace the document by him: but the Thal he offended pary personaly signed shencer 4. That prejudice be caused Socument, strbuted 2. By resorting to some fraudulent practice to Statements Insure success in a gambling game, Stferent om those semen ss mado by. the 3. By removing, concealing oF destroying sifended par ecuments: ELEMENTS: Thal thee be court record, office fle, ocuments of ary ther papers b. That te offender removed, concealed, estroyed any of them: and That Bo offender had intent to dotroud nether, Elomonts of the Complex Crime of Estafa ‘Through Falsfcation Far Este 2 Deset 2 Damage or Falsiteation ‘Thal the offender is a puble offoe, employee, or notary publ b. That no takes advantage of is oficial peson: .Thathe lsites a document by commiting Page 200 0277, naan s44994AD 9NM9907n ° AnenaneroaanaacnsaO00 A000 Qant ORmACKrO BON [ATENEO CENTRAL BAR OPERATIONS 2019, DISTINGUISHED FROM MALICIOUS MISCHIEF [ ESTAFABY MALICIOUS DESTROVIN MISCHIEF c DOCUMENT s Tntenttodefud | Taent Wo deraud L | notrequeed | DISTINGUISHED FROM INFIDELITY IN cuSTODY OF DocUMENTS ESTAFABY WALICIOUS REMOVING, ‘MISCHIEF CONCEAL GOR DESTROYIN c ocUMENT ~s—__ | ‘Sinan ne ie ot Comming te ens ‘Gifencer is a-pivate | Offender a puble Indust of ever 3 | offer Who is publ offcer who is| ficaly ‘entusted Fotoficaly eniustes | with the document tnd intento dean Talent wo delraud & sot required COMPLEX CRIME OF ESTAFA AND THEFT Its commited when theft ie employed as @ ‘necessary meane fo commit estafa, People ve Yosay, 69 Phi. 536) lustraton: owns paunshop tickets which he eniusied to B fr safekeeping. forgot about the incident and weak ter, C took the Veket fom 8 fd reused to run t despite insistent demands ‘mada by B. ‘Then C redeemed Jewel using the icketwihout krowledge ard consent of A and B. commited thet. as 2 necessary means (© ‘Commit etafa~C took thet vith intent gain ‘and wihout the consent of thor A oe BC then (ted fetous name to radeem the jewels, ‘Nareby commiting estat NoTEs: + Damage caused witout decet or without abuse of confidence gives nse ony to chil fay + Qumetship ts not a necessary slament of Esinfa. In 2 cano where A handed a check signed by his father to 8 forthe purpose of txchenging such peso amount sated Inthe heck e colars ard B subsequenly runs away CRIMINAL LAW with the check witout giveg the appropiate Silar equvalent A'may sue B oven I the former dose not own the fonds ofthe check taken by 8 + IF the subject matir of to offense is generic ‘and nat identiable, such ae money unlawfully {aken, an error in the designation “ofthe offered party ital and would resut in the ‘qual ofthe aooused. However, he subject matter of te offense is specie and ident abl, Guchasawscrant, check orjewalies, snamror in the designation of tha ofended pay Is immaterial. ART 316, OTHER FORMS OF SWINDLING NOTE: Thare must be actual damage, not maraly intent io cause damage, in view of the basis of the erally whichis the value ofthe damage caused” ‘8 provided Inthe prousion PUNISHABLE ACTS (6 acts) 4. BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY [REAL PROPERTY, PRETENDING TO BE ‘THE OWNER OF THE SAME ELEMENTS: (MER) (4) That the ting be Immovable, such as 2 patel of land era bung b. That tho ofender, who is Not the owner of sai property, Represented that ho is © That he offender should hove Executed an act of ownership (eeling fencumbering or modgaging the propery) and 4, That the 9t be made tothe prejudice of the owner or third person. NOTE: Claim of ownership is ferent from pretense of ownership: te former cannot be Enid to have pretended to be the owner event fis claim is defective, hence, not fable undor this arte DISTINGUISHED FROM ESTAFA BY FALSELY “PRETENDING TO” POSSESS, PROPERTY 2. BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH. ENCUNGRANCE BE NOT RECORDED. Page 208 f 277ATENEO CENTRAL BAR OPERATIONS 2019 ELEMENTS: (REFDVA) That the thing disposed of be Real property: b, That the offender knew that the reat property was Encumbered, whather the tnoumorance ie recorded or nt © That” here mist be express representation by the offender tha the feal property Is Bree from ‘encumbrance: ard 4. That the. act of disposing of the rel property be made to the Damage of nother. NoTEs: +) The. encumbrance must be legally conatiied, noluitetan hough such encumbrance be nol record" + The offended party must nave been ecelved, Le, he would not have granted the lean had he How thatthe property was aeady encumbered. + personal property involved, apply Art 318, BY WRONGFULLY TAKING BY THE OWNER OF HIS PERSONAL PROPERTY ELEMENTS: 18. That the offender the owner personal property: That sald personal property isin the aw possession of another That ne offender wencfully takes it rom {slawll possesser: and 4. That prejicioe i thereby caused to the possessor e hr person Noves: ‘The act is punishable as thet whon the commer of 2 property took I without the Consent of the lawful possessor, Pen ‘harged the possessor withthe value of he property Because teres nto to gain + "Wirongiul taking” “does not include vison! 1 With intent to gain — robbery 1 Without itor to “gain = grave 4. BY EXECUTING A FicTITIOUS CONTRACT ‘TO THE PREJUDICE OF ANOTHER DISTINGUISHED FROM FRAUDULENT INSOLVENCY. ESTAFA FRAUDULENT EXECUTING — ANY | INSOLVENCY (ART. Fictimous 314) ‘CONTRACT (ART. 316, PAR. 4) ‘Offender simulates @ | The conveyance conveyance ofhis | real and made or 2 prope: soneieration, 5. BY ACCEPTING ANY COMPENSATION FOR SERVICES NOT RENDERED This crime roqules taus: otherwise, sotto Indebit reste for which a ev ‘oblgaton 1 the money in payment of a debt and ‘eivered to @ wrong person and seid person fetuses or faied to rium the money to the tuner thereafter, t is estat by denial of Feceiptofmoney, under Ar. 315,16). 6 BY SELLING OR MORTGAGING OR ENCUMBERING “REAL PROPERTY OR PROPERTIES, WITH WHICH TRE OFFENDER GUARANTEED. THE sLEMENTS: “That te offender is a surety in @ bond given in etna o hl ton 2, Thathe guaranteod te flilment of such obtgaton wih his real property. oF properses 3, That he oll, mortgages, or, In any ther manner encumbers caid_ real prope, 4, That such sale, mortgage or encumbrance 8. without express authority from the b, ade before the cancelation of nis boed, © before being relieved from the ‘blgiaion contacted by him, Pogo 202 of 277 YA AAD aAANAaRAOA ano acanano AaonermnaanoO a4 9006090 poorern ATENEO CENTRAL BAR OPERATIONS 2019, ART. 317. SWINDLING A MINOR ELEMENTS: 4. That the offender takes advantage of the inexperience or emotions or feelings of 8 2, Thathe induces such minor ‘2. to assume an obgatio, oF B. tegwerelease, or 2 toexecute atone of any propery ris 2, Thatthe sonsceraton ie 1. some loan of money, cod or other personal propery: and 4, That the fansacton sto he detriment ef such notes: +) Rssuficiantthat ne offender takes advantage ofthe inexperience or emations a re mane + Actual pros of deceit oF misrepreseniation Is ‘ot necessary + Real property is notindue ART. 218, OTHER DECEITS PUNISHABLE ACTS 1. By detrauding oF damaging another by any ‘ther dacalt not mentoned. in preceding files: and 2 By inlepreting dreams, making forecasts, fottuneteling, or by taking advantage of fhe tecully of the public In any otter similar manne or proto gin, NOTE: Damage tthe offended party is required, ‘SCOPE any ator kindof conesvabe doco may fall under this rte (CHAPTER 7: CHATTEL MORTGAGE ‘ART. 319, REMOVAL, SALE OR PLEDGE ‘OF MORTGAGED PROPERTY PUNISHABLE ACTS (2 acts) KNOWINGLY REMOVING MORTGAGED ELEMENTS (clement) ‘That personal property is mortgaged Under the Chattel Mortgage Law: 2. That the offender knows that such property is so mortgaged 3 That he. removes’ such _mongaged personal property to any province oF ety ‘ther tan te one which R wos Hated CRIMINAL LAW at the time of the execution of the morgage: ‘That he romoval is permanent and That there fs no weiten consent of the morgage o hs executors, administrator (rasaignees to such emovel 2, SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED ELEMENTS: 0) “That personal propery i aleady pledges under tha terms ofthe Chatel Mergage Lown. 2. Thaltheoffencer, who isthe mortgagor of uch propery, sells or pledges the same ‘any pat here: ana 2, That theres no consent ofthe mortgagee vrtten on the beck of the morgage and roles onthe record thereat nthe ofc of ‘he register ofdeoas NOTES on "knowingly removing mortgaged porsonal proper The afender need not be the morgager: ‘may be "any person” 2. Purpose Is 10 ploect mortgagee who should be able to have a ready accous to, ond 623) rach ofthe pnperty suber of metigege, 3. Ghattel mongage must be reqstered 4 Removal must be coupled win intent to defrauc 5. Fling a civil action for colacion instead for foredoture of chattel morgage raves the sosused of ciinalesponstiy, NOTE on “selling or pledging personat property already pledged! Damage 1 mortgagee Is not eseenta. I damage ‘accrues, may ahve rae to estala by means of Seca Page 203 0277ATENEO CENTRAL BAR OPERATIONS 2019 DISTINGUISHED FROM ESTAFA BY DISPOSING OF ENCUMBERED PROPERTY (ART. 316) ‘SELLING OR PLEDGING PROPERTY "ALREADY PLEDGED (ART. |_ 319, paR.2) Bah nvive the sain Personal property involved except house fs subject 10 chattel morgage ‘Commited by Te mare fale to obtain the. consort of the ‘mortgagee in wing, fven if the offender Should! Inform the purchaser" that the thing. sold | mortgaged ESTAFABY DISPOSING OF ENCUMBERED PROPERTY Involved property Tie want atthe real property Imorigaged be sold 2s free, even though the vender may. have ‘oblained the. consent of the morgagee In ‘ing: ‘Consent of morgage | Consent of mortgagee Ie material knowesge fs 0 oncumbronce ot.ang ‘he porch Page 204 0277 CRIMINAL LAW aan0 a ano manaane neaaaaananceao00009 O00 aga0 aonoacns go00 qancren [ATENEO CENTRAL BAR OPERATIONS 2019 ‘CRIMINAL LAW Penalties for Estafa Form of Estate Penaliy alata under At 315 “ak The penal of psn corteconalin is maximum pode prlGa mayor In lis minimum peed, f the amount ofthe frau Is over Two millon four hundred thousand pasos (P2, 400,000) but does not exceed Four milion four hundred thousand pesos (4,400,000), anf uch amount excoods elator sum, the ponaly provided in bis peragragh shall be imposed in is maximum period, aczing one year for each addtional Two milton pesos (P2,000,00 butthe total penalty which may be imposed shallot exceed twenty yeas, I such cases, and inconnecion withthe accessory penaies which may be impaced and forthe purpose ofthe thar provisions f his Code, the analy “shal be termed pision mayer or relusion temporal. the case may bo 2nd, The pansly of prskn corectona nits minimum and medium periods, |the amount of th fraud is over One milion two hundred thousand pesos {1,200,000} but does net excoed Two millon our hundred housand pesos ‘21400000, ‘1d. The penalty of resto mayer nits maximum period to prsiin ‘oreccinal in is minimum period If such artount is over Forty thowsand pesos (P40,000) but does ret excaed One millon two hundred thovsand esos (P7,200.000) ane ‘4. By atest mayor ints medium and maximum periods, uch amount does not exceed Forty thousand pesos {P40,000) sia under AIS sing false pretenses ‘et. The peraly of redusion tomporal ints maximum, Wie amount of aod |scver Four milion four hundred thousand pesos (4,400,000) but does not ceed Eight millon eight hundred thousand pesos (P8,800,000), If he ‘mount exeoede the ater, the pansy shal bs rectosén perpetua 2nd. The ponaty of clusion tempol in ts minimum and medium periods, {the amount ofa Is over Two mlfon for unr thor (22,400,000) ‘butdoes not exceee Four millon fourhunred thousand pesos (P4. 400,000) ‘1d. The penaty of oisin mayor in is maxirum period, ifthe amount of ‘feud i over One milion two nundred thousand peses (P¥200,000 but does ‘ot exceed Two milion ‘our hundred thousand pesos (P2 4000}. 4th The penalty of rsién mayorinits medium parod such amount is over Forty thousand pos (P40,000} but does not exceed One rllon two hundred thousand pesos (P1,200,000) {By prsién mayor in its minimum period, such amount does not exceed Forty housand pesos (P40,000), Esta under Aa 376 ‘resto mayor nts minimum and medium pariods anda the of rat le fan Ihe value of the damage caused and not mere than three times such vluo Swinclng a minor ‘resto mayor and afne of 3 sum renging from 10 te 50 percent ofthe value ofthe obgation coriracte by We minor Feb under Aa 58 ‘fires mayor oF 2 fe not exceeding PADOOO Page 205 0277,ATENEO CENTRAL BAR OPERATIONS 2019, CHAPTER 8: ARSON AND OTHER CRIMES InvoLVinis DesTRUCTION [ARSON isthe malicious destruction of property by fr. THREE CATEGORIES OF THE CRIME OF ARSON ‘A. Destrucive Arson (tt. 320, a8 amended by RA 7650) B, Simple Arson (Sec. 1, P.D. 1613); and . Otner eases of arson (Sec 3,P.D. 1612), |ART, 920. DESTRUCTIVE ARSON (AS ‘AMENDED BY R.A 7653) PUNISHABLE ACTSIPERSONS LIABLE: The penally of recksionperptua to death shall be Impose upon 11 Ary parson who shall burn (7 acts) 2. One of more bullings or edies, consequent fo ‘one. single ach of ‘Simultaneous acts of bumng Buiding of puble or prvala ownership ‘generally open to public or wher peor Usually gather or congregate. fora Purpose, regardless of whother the fender had knowledge that here are Inhabited ornot © Trainor locomotive, ship or vessel, arhip or aiplane, "or Wanepocation of conveyance,” public use, lesue or entertainment 4. Bulling, Yocory, warehouse and. any appurtenance thereto for service of pub wines 2 Any bulling to _concealidstroy incrminatoy evidence, conceal Sankeuply, dela credlors, or collect ‘rem meurance; 1 Arconal, mitary storchouse or powder factory and te tke, archives or general ‘museum of the Goverment: and 9. ny factorystoehouse of nammable or fplosive Materials, in an unihabted pecs: 2, Two 2)ormore pereons ora group of persons a especie of the _sbovementones ‘ualiving crcumstances, and b, Regardless of whether the purpose is meray to bum or destoy ora an over act {0 commit another vilaton ofa. CRIMINAL LA THREE (2) STAGES 1. Attempted: offender commences _ the Commsion of th crime drecy by over acts bute does net perm all acts af execution (i, was notable to ight fre) ve to Bely inorvention of another. tis not necessary tat there be 8 fe (2, placing rags soaked in {gasoline beside the wooden wal of ulang. Frustrated: offeniee was able to fight or set fre to te tom or bung, bul the fee was put ‘ou before any partof twas burned 3. Consummated: offender wes able to toht 2 fre and to burn at asst a par of bulging 9. Charing of th wood whereby the Roer of the wood le destroyed EXCEPT when the contents of @buling was set fon fro part of the bung noed be bur. (GUIDELINES WHEN DEATH OCCURS.ON THE OCCASION OF ARSON: {Lo ithe tent was fo bum the buling, but death results on the occasion a by reason af bring the buicing, ARSON Ts committe, 2. theres ient to kl parteular pers, and he resorted to atson oF fre ae 2 moons of “only MURDER [s commited. Aisle 248 includes as a qualifying circumstance the use tre 3. [ihe objective fst kia patente person, ana infact, the offender Had led the vm, an {to is resorted to 08. means to cover the Wing, there are. wo. sazarte cmos ‘conmited = MURDER and ARSON. 4, ‘homicide, murder, arson fs commie forthe purpose ofobianing widespread pani forthe purpose of giving in to an unlawful demand, Under the HUMAN SECURITY ACT, argon is ‘only predicate crime. (People v. Mangan, GR No. 170470, Sept 26, 2006) Note: Thera fs no complex cme of Arson with (Multiple) Homicide Destructive Arson | Simple Arson (PD (ART 320 “1613) Caoniompiles the | Cantemplates the matcious. buming of | malicious. buing of structures, both public | publ and. prvata fand pivots, tele, | trvcures, rogardless buings, edifices, | a siz, notin ncuded Wang vessele | ART" 320." These erat, ‘ctodes an | indie houses, ier mia, | dwelings, goverment Page 208 of 277 290 Ronan anes nan AaAOaANAANADGaaa7a00 ononsad6q0n a05 copoand romeo e ATENEO CENTRAL BAR OPERATIONS 2010 ‘alge, arms, rls Plantations, raiways, Bus stalione, ‘skort, wharves, "end other inavetnal establishments, goverment, ar commercial ‘stabishments by ny. person or tou of persons. [PLEASE SEE SPL REVIEWER ON | P.D. 1613, ANTLARSON LAW P.D. 1613 expressly repealed _ or amended Arts. 320-326(B); P.O. 1744 then revived Art. $20; RA. 7659 ‘amended the provisions of Art. 320; the (CHAPTER 9: MALICIOUS MISCHIEF MALICIOUS MISCHIEF is the will damaging of ancther's property forthe sake of causing damage due to nate, evenge, or other eu motve ART. 327. WHO ARE LIABLE FOR MALICIOUS MISCHIEF ELEMENTS OF MALICIOUS MISCHIEF (2) 4 That the offender delioerately caused damage 2, Thatauch actdoes ot const arson oc ater crmes rvelvag destructor, and 3, Thaltheaclof damaging anothers property be commited meray forthe sake of damaging Notes: + Thi elament, presupposes hate verge, or tater ev mative of the offender oF the mare plessure of cestoyng, + Damage includes not ony oss but also fiminafon e.g. delacing anthers hous). + heres no malice, as wien damage esutod from 3. cime ot only meena to. te Commission of another etme, fetes oly el tiny + Inlet to gainby removing or making use ofthe ‘nuts or objec afer damaging he propery ‘makes it theft (A 208 pa. 2). ART. 528, SPECIAL CASES OF MALICIOUS MISCHIEF QUALIFIED MALICIOUS MISCHIEF (9 Causing damage to obstuct performance of publitonetons, 2. Using polsonaus or corosve substance: 5 Spreading infection or contagion among cat; ane 4. Damage to property of National Museum or National Library, oo any archive or regi. waterworks, 109, promenade, oF any other thing used in common by the pic QUALIFIED MALICIOUS MISCHIEF DISTINGUISHED FROM SEDITION ‘Although both involve the intent to obstruct the perlormance of puble finctons, the element of Public and umuttious upisngl notpresentin ths Sc, ART, 329, OTHER MISCHIEFS BASIS OF PENALTY Michio not included in Ad. $28 ave punished ‘cording tothe value ofthe damage caused. Even ithe amount cannot be estimates, to ponaty of ‘resto mener off Nal excoeding #200 fs fixed Pyle ‘Examples: Seatoring huran exccamentin public tang, lng of cow as an ae of revenge (ave of damage cannot be estimated} an 9 servant Who released bea fom eage as act of hate against ‘mer (lua ofthe bid as bass). ART. 330, DAMAGE AND OBSTRUCTION "TO MEANS OF COMMUNICATION Noes: IL is commited by damaging ny raiway, telegraph or telephone ines, ‘2 Islogroph o telephone ines must pertan toa raivay sysem Any deraliment Of car, alison, or other ‘caldont which was rest ofthe damage one. shall cause fo 8 higher imposadle pena ‘Tho object Is to meray cause damage; posed to Cemes involving Destucion (Art 224), where the objets to cause destruction. \Vinen parson or porsars are alle ait tere ie no nian tok, & ie the ‘complexed crime of damage fo means of ‘communication wit homie (in lation DAN 48): and bere is intent to kl, and damaging the Pago 207 of 277ATENEO CENTRAL always wos used to accomplish the minal prpose, is murder. ART. 31, DESTROYING OR DAMAGING ‘STATUES, PUBLIC MONUMENTS, OR PAINTINGS PUNISHABLE ACTS A. Destroy or Damage statues or any other useful ‘or omamental public monument: and 'B. Destroy oF damage any useful or ramontsl painting of pubic nate, (CHAPTER 40: EXEMPTIONS FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY ART, 392, PERSONS EXENPT FROM ‘CRIMINAL LIABILITY Nores: ‘A. CRIMESINVOLVED IN THE EXEMPTION 4. Tht 2). Swinding (esata), ane 2. Maleious mischiet, PERSONS EXEMPTED ‘Spouses, ascondanis and descendents, or ‘eltives by afi inthe same ine propery wien belonged to" tre deceased Spouse before the same passed ino. the possession of nother 8. Brothers and sisters and brothers tan’ anc Sctrsanlaw, I ing together at te te of the commission of te come 4. Sloplaherinother, adopted father! mothe, atu chiéran, "commonow spouse, Eaneitine, paramourinetided NoTEs Does net apply to strangers partcpating in the ‘commission ofthe crime ‘opis to common-law spouses. Does ot appy 10 robbery oF esta trough fasioation, “Thor i only cv abi, PLEASE SEE SPL REVIEWER, R.A (6539, ANTI-CARNAPPI PLEASE SEE SPL REVIEWER ON (RA. 9372)HUMAN SECURITY ACT OF” 2007, PARTICULARLY PUNISHABLE = ACTS” OF CRIMINAL LAW (CHAPTER 4: ADULTERY AND CONCUBINAGE ART, 393, WHO ARE GUILTY OF ADULTERY Definitio [Adutory is commited by any a marmed women who shal have Sexual inlrcourse with a man nat hee hesband; and by the man who as camal know of he, Knowing hero be mari, even if the mariage be eudeequey vol Elements Penany_ | PisonCorectonsin meshim ane maamum perods ELEMENTS (3) 1. That the woman is maried (ven it rantage is subsequently declrec vlc), 2. Thatehe hoe sevualnoreoure witha man not her huebans and 3. Thal ae rogards the man with whom she has marved Persons Lit 4. Maries. woman whe engages. in sexial Invercourse witha man nat ner husbane: ad 2. Thaman wo, knowing of the manage af the ‘woman, hae sexual intrcoures wih he. Nores: + Gamal ‘knowledge may be proved by ‘rourstanal evidence + Each eonualinterourse conatiuis 2 separate cima of adltory + Noctime offisteates dultary. + tele not a continuing offense, Any act of infidlty. "subsequent — to" condonation Coneitutes 2 new fence that is subject %0 riminal prosecution + The offended party must be legally marod to the offender a the tie of fling te compat + But even if subsequent decared void, hores sll edutory whon te adulterous 21 le commited Belore te mariage ie [oily declared nul nd void a final Iusgment + Roquital of ae defendant oes nt operate a8 acquital of he other. + Death of the tended party wi not terminate Page 208 0f277 role talalele! aaAnAAns Oma anaaannrana eaoneAar aA aan ae) 9000058 coeornanrnanna con ATENEO CENTRAL BAR OPERATIONS 2019, the proceedings. However i they dis before 2 complains fied, then the case eaiel goon, MITIGATING CIRCUMSTANCES + Autry is mkigatea if he adulterous we was abandoned without ustfeaton by hs spouse. = Both the wife and her paramour are ‘ented to ths. mkigaing crcumstance, {People v. Avsno, Gh. 40.0.6, Supp, 41.494) + Sheer necessiy, a= when a. woman was lft helpless by her husban (allhough jute or [wes inresponse to duly) andin such a great ‘sed that she found hersefin the predicament ff commiting adultery for the sake of her tilren, mitgates her ably. (People. ‘Abert, ela, CA, 47 0.6. 2638) PARDON BY THE OFFENDED PARTY + Express implied pardon bars prosecution for adultery + Sexva intercourse with the offending spouse subsequent tthe adulerous const Consttites on implied pardon REQUIREMENTS FOR PARDON TO “BE EFFECTIVE (ART. 94) the emma resect: and 2. Both fenders must be pardenod by offended pany. CONSENTS A CAUSE FOR DISMISSAL OF COMPLAINT = Prior consent is as effective as subsequont ansent to bar the offended. party fom prosecuting te oferse, = When consent Is sven, whether expressed or ‘plo, Pusband can no longer inet the criminal compa Wniew Is THERE CONSENT? 4, When the husband does not nero wth his ‘e's acullerous relationship or has fale! to ‘esert hi gh. 2 When the spouses sion an agreement that they may get any mato and Ive as husband ‘and wo witout any ntrerence ‘Acqulttal of one of the defendant does not ‘automaticaly acquit the other: There way not bea. jot criminal intent although thor saint prysical ac. 2. Oneotthe parios may be insane andthe chor 3. The man may not know thatthe woman is marie ‘The death of he woman during the pendency ‘CRIMINAL LAW othe scion cannot defeat te tal an convict the man. (US. Dele Tore and Gregor, 25 Pr 38) 5. Even ithe man hed lef th county and could not be apprehended, the woman can be fed ‘and convicted. (US. v. Tapio and Guzman, 5h 903), ART. 324, CONCUBINAGE Definitio [Any husband who shal kaop @ imiaress inthe conjugal dweling, oF all have semua nercourse under scandalous crcumetances, wih 2 cman who snot hie i or shal bab wih hein any ther pace Elements Penalty ‘inimuan and mac periods 2. Goneutine shall sufler penalty oldest ELEMENTS (2) “Theman musi be maniea (even the mariage may be subsequent dedored vod} 2. ‘Thatne committed any ofthe flowing acs: a. Keeping a mistess Inthe conugal ‘weling, b. Having” sexual intercouse under Scandalous crcumetanees win a woman who fen his nif, €._Cohabiing with het in any oer place 3. That ae regards he woman, eho must know hina be marie Persons liable: The maios man; and 2. The woman "who knew that the man wa mmanied, DEFINITION OF TERMS. 1. CONJUGAL DWELLING means the home of the usband ord wife even ithe wile happens tobe temporary absent on any account. 2. SCANDAL consists in any reprehensini word or Soe that offends puble conscience, edounds to the detent of the feelings of honest pafsons, and gives occasion t2 the Peighbors spiral damage and run 3. COHABIT mean to dwal together, in the manner of husband wie, fr some period Page 209 0277[ATENEO CENTRAL BAR OPERATIONS 19 CRIMINAL LAW of time, 2s dlstoguished trom occasion transient intorews for unlawful nercourso, 4, MISTRESS iis necessary thal he womans faker bye accucedintathe conjugal dweling ass conabine Notes: '+ People inthe vicinity re the best wiesses to prove scandalous creumstances, + Aakitery fs more severely punished than ‘concubinage, Unike aéutory concubinage le 2 continuing crime. ART. 535. WHEN AND HOW RAPE IS ‘COMMITTED NOTES: Ar. $36 has boon repeated by RA. No. 8353 (AnRape Law of 1997). CHAPTER 2: RAPE AND ACTS OF LAScIVviOUSNESS ART. 996, ACTS OF LASCIVIOUSNESS Defintio [Any parsan who shall comm any ” actor sciousness upon ath person of ether eax, under any of rosoding ale Elements | Penalty | Prison correctional esign is _necessariy a mental process. the ‘vistence of which can be infeed By overt acts faring eit such inlnton, ‘The presence of absence oflewe cosigne isifored ram tne nature at the eels themeehes and the environmental Croumsiances. (People v Sola, GR Noo 170031, November 14,2012), Definition of “Lascivious Conduct (in relation to RA 7610, Section 5) — A crime commited hvough the nienional ovching, either creelly or through the cloting ofthe goniaia, anus, grin, roast, Inner thigh, or buttocks wh he onion abuse, puma, harass, degrade, or rouse oF ‘aly the eexusl deste of any person, among Bihere NO ATTEMPTED OR FRUSTRATED ACTS OF LASCIVIOUSNESS. “ACTS OF URIUST LASCIMOUSNESS | _VEXATION “Thore is lewd design | The clement of awd } which may be inferred | design snot present. fromthe crcumstances | 29. he alleged surounding te lascivious act was @ commission of the | mere indent of the re such 3s. the| embrace or the act Bloce, tmerotier | was at Beope’s presence and | commited meaty to {he act complained o.| Sty 9 sly whim RCTS OF LASCIMIOUSNESs “ATTEMPTED RAPE ELEMENTS: 4. That the offender commis any act of lasehiousness or wanes 2. That te act of lasevousness ie commites agains a person of lhe sox and 8, That lt fs done under any of the folowing eroumstances: ‘3. byusing fore or intimidation, or hen te offended partys doprived of ‘eston or otherwise unconscious, or 6. by means of fraudulent machinstion or grave bute of authority, or 4. ‘when the offended party is under 12 years tage ors demente, LEWD is detines as obscene ust indecent oe lecherous. signifos th frm oF nmeraty wich has relation to moral pry. or Tat hich is ‘That an accused entertaining lew or unchaste ‘Sifendors lascivious acs donot inccate Intent to have sonal Intreoure, “a pariomned by offender clearly Inceate that purpose was to ie ‘nah he otfendes Tho aevious ale | The lnscvious ate the final objective. | acts are but sought the Dreparsioy acts tender {othe commission otrape, annar of cominasion the same: The parormance of lascivious charley Te common to oth ded party tra parson of ether sex. Page 210 0277 a2 NRRADAFMAAFANOONIAAANIAIDIAAG aaancABRAAIAD 9007950 oo eoarecrnrnnamnanno ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘ACTS OF GRAVE LASCIVIOUSNESS | _COERCION The compulsion — i] The compulsion the lncuded” in the | very act constuing Conetrutve element | the offense. of grave Offer. some actus | coercion or ingecent acer proposal made Fascwiousness snouts | eamosty & havebeen executed. | persistently = Sufi ACTS OF ‘ABUSES Lasciviousness | AGAINST CHasTITY (ART. 248), The ofendarie,ina | The offender ee mmajoriy of | public cofcer. cases, @ private ‘Armereimeeral 41, GASES ON ACTS OF LASCIVIOUSNESS In ‘he absence of convincing roo that he pris had eld inte the female oman, rape was not committed Where the vcim meray sate that She waa. cared around te sala with Snpellan's pans "ioucnng® her vagina, i weuld not be ight to conclude that the ack of the pons "iouaing” the vagina was an erty oF penetration, even slghly, of the labia ‘Major of tne labia minora of ne pudendum «The appellant is quity of acts of escvousness ard net rape. (People v. Palma, C.F. No 1149069-74, Decombor 11, 2003) 2. The appelants set of directing Analyn to remove herlower apparel constules an act of leseiousness under Arte 336 of the Revised Penal Coge, and not rape (People . ‘Aquino, GR. No, 139161, October 27, 2008) CHAPTER 3: SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE SEDUCTION « Enicing a woman to unl ‘soul intercourse by promise of mariage or by ‘other means of persuasion without these af ferce. ART. 387. QUALIFIED SEDUCTION TWO CLASSES OF QUALIFIED ‘SEDUCTION: 1. Seduction of @ vigin over 12 and undor 18 years of age by certain porsons, such as & Person in authorty, pest teacher, ec: end 2 Segueton of a sister by or brotha, or Seducion ofa descendant by her ascendant, Tegardlons ofher age arrputaioninoestucus Seduction). ELEMENTS OF QUALIFIED SEDUCTION OF A ‘VIRGIN (4, VASA): 1. That the offended party is @ vign, which is prosumed sho kr unmaried 2) of good 2, That she must be over 12 and under 18 years of age 3, Tha the fonder has sexual intercourse wth hers and 4. Thatthece i abuse of author, confidence or ‘elationship onthe par ofthe offender. ‘ABUSE OF AUTHORITY | ABUSE OF CONFIDENCE ‘ABUSE OF 1 RELATIONSHIP [i Pate aorori Prost Brother who seduced — | 2 Guardian: 2) House: or servant fis sister or |. Teschen or 4. Domeste, 2, Bscendant who seduced 4 Person who in any capacity | (Demastcis any persontving |” his descendant is ontusted wih the |i the same root may be | (Theralatonship must be by ssveation or custody ofthe | temporary or permanent, 2s | consanguinity bul need net ‘woman seduced, long a5 the same house) belegimste) J PERSONS LIABLE notes: Penalty for quaied seduction of sister or descendant is higher than qualified seducion ofa Page 211 of 277ATENEO CENTRAL [BAR OPERATIONS 2019 ‘SPECIAL PENAL LAWS vein Doce isnot an elemont of quali seduction but itie-an element of simple seduction, In Abuse ‘of Confidence, eas are punished ‘because of the character othe person commiting the same, and excess of power or abuse of confidence, [Rvirgin Sa Vituous woraa of goed epttaton. ‘Tho offended party need not be vagin he ease of ncestoous seduction. ‘Recused charged wit ape cannot be convicted of ‘ualfled seduction under the same infrmation, + Hany of tie crounstances in the etme of ape ie prose, hencrime snot be punished Under his tril, IFrno sexual ntrcourse, the eime would only be sel oflasehiousress, ART. 398, SIMPLE SEDUCTION ELEMENTS: 4. That he offenced party is over 12 & under 18 yo 2. That she must be of good reputation, single cr widow, 3, That Pe offender has sewal intercourse with her 4, Thatitis commited by means of deceit NoTEs: Virginity of he visi is not routed, Decor general takes the fovm of an unflteg promise to mary ‘There sno contig offense of soducion I 'tere is no "sexual ineroourse, the. cee Committe is onl ats of ascvousness, ‘The man may be wing and ready to mary the gt but simple eoducton is sill commited when the rman know thatthe offended party cannet legally ‘onsen! to mariage because of hr minor. ‘THE FOLLOWING DO NoT CONSTITUTE DECEIT: ‘romise of mater tings Promise of marrage by a meried man, whom the ‘cm kneu to be mars Promise of mariage after sexual intercourse ART. $39. ACTS OF LASCIVIOUSNESS WITH THE ‘CONSENT OF THE OFFENDED PARTY ELEMENTS: 1. That the offender commits acts of Inselviousness or lewdnessr 2, Thal he act are conmiled upon a woman who '2 Virgin oF single oF a widow of good talon, under 18 years of age but over 12 years, ora sister or descendant regacless of fer veputation or age: ana ‘3, Thatthe offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit Notes: ‘Amale cannot be he offended pay Tes necessary thal the crime be commited under ‘ireumsances which would make 1 qualifies or Silo. seducion nad. there been sexcal intercoures, Consent is obiained by abuse of suthory, onfdence, ortelaonship, or by means of deco ACTS OF RETSOF LAScIVIOUSNESS | LASCIVIOUSNESS WITH CONSENT oF | © (ART. 338) (ART. 339), ‘Rei are_comiied| Res are commited Undor"‘Gkeumstances | under clroumstances whieh, ad there been | which, had there taal krowedge, | boon canal ‘would amount io eter | knowledge, woul | quatioa or simple | emount io rape, seduction, “There maybe consent, Bul there is s0u80 of authoty Felatonship, ‘onfgenoe, oF ect ‘ART. 340, CORRUPTION OF MINORS notes: The 2etpurishableis tho promotion er facing the prsbiuen oconvpion of persone under age {under 18) to sataty the ust of another. ‘mere proposal wil consummate the offense, It \s not necessary thatthe unchaste acts shall ave Been done tothe minor Vietm must be of 30 reputation, not protiite (ora comupted person, 212 a9 nonanang 9 Fanaa A244 naAnOO Aa eAASANDIAAAAD SO Oo mrrnnranacan aon ATENEO CENTRAL SPECIAL PENAL LAWS | PLEASE SEE SPL REVIEWER ON RA 7610, PARTICULARLY ON CHILD TRAFFICKING, CHILD PROSTITUTION AND PERSONS LIABLE FOR | conmirrive Chito PROSTITUTION ART. 241, WHITE SLAVE TRADE. ACTS PENALIZED: 4, Engaging tho business of prosiiion 2. Profing by prosituton: and 5. Enisting the service of women forthe purpose of prostuton notes: One a those above-mentioned acts i sffelent Habitual snot necessary element ofthis cme. Offender ned note owner ofhouss and need net be present at ime of raid; i suffeas that be ‘aftans or gages in business. + "Under any pretext” ~ ifthe real purpose ie prosttuion, does not mater fone engages the Services of a woman ostenally as, maiy for am. CHAPTER 4: ABDUCTION ABDUCTION - The taking away of @ woman fom her house orth place wire she may be forthe purpose ot earying he to another place, wh the intent to marry fr to comupt rr. ART. 342, FORCIBLE ABDUCTION Definition | Abduction of any women against her wi and with ew designs. ‘Elements Penalty | Reclsion temporal ELEMENTS: (3) A. That the person abductod is any woman, regardless of he age, cil status, or reputation, 2, That be sbaucton fe against hel ana 3, That he abduction is wilewd designs, Notes: I ehld Is under 12 years, the crime fs force fbducton even I she voluntarly goss wit her abduct “Taking away must be against the will of the woman. This may be accomplished by means ot decet frst and then by means ef vlence and intimidation ‘Actual tercourae a not necessary Lewd desks may be shown by conduct af he accused. Intent {o seduce the eile sullciort. Lewd design Is present in ahuried manage eeemony by force ‘ere the mariage is meray an are by whch the accused sought to escape the. eninal consequences of his acs ‘Tho husband may not be hold lable for the Abduction of hie wie asd design fs wanting. IT hore are several cefendants, i's enough that ‘one of them had lewd designs and the ethers knew about Nature of cfime: agsinst libary, honor and reputation, and public oder. “There mast be oly one comple cme of forte abduction with rape. Subsequent ropes Commies shoud be considered independent ot the abctton. CConvicton for Atsf Lasoviousness isnot a bar FORCIBLE ABDUCTION V. GRAVE COERCION V. KIDNAPPING. Presence of lewd design makes i forcible abourcton, ‘Wen tere is no lew design, itis coercion, proviged that here eno deprivation of Boer ‘The. cme. is lidnapping. and serous. egal dotention there was derivation of bor wit no towed design there was lent taking of the woman mative byloweldesignandthevieim was raped, he cme commited is frable abduction with rape instead (of Kiénapoing wilh rape. tempt to rape is ‘Sbsorbed in the ere of oreble abucton DISTINGUISH FORCIBLE ABDUCTION FROM CORRUPTION OF MINORS Ihe minor was adgucted by the accuses with Towa dosign on his par, he Is lise Tor forcible absucten, I the puroose of abduction is to lend her to ick intercourse with other, the cre i corruption of 21aATENEO CENTRAL BAR OPERATIONS 2019 SPECIAL PENAL LAWS DisTINGUISHED FROM RAPE 1. Iethere was abduction but the resistance of the woman to tbe alleged rape was not tenacious, the ‘cused would be gulty only of abduction. 2, Rape may absorb forte abduction i the main objective was fo rape tha victim, FORCIBLE ABDUCTION ‘CASE ON FORCIBLE ABDUCTION 4. The Cout has previously ruled that th victim's Consent was obiaines thveugh decet and there was therefore no vad consent. the erme Is foroble abduction, as the deca may be considered. 36 Conetrctve force, The second elament,tewd desig, was estabished by the aciual rapes. (People. Caraeng, GR No. 148424. 27, Docomber 17, 2002) [AGE AND REPUTATION OF THE VICTIM IS NOT NECESSARY I 1. Rope 2. Aes of lasciousness against he wil or witout the consent ofthe offended par 8. Gualiled seduction of ster or descendant and 4 Forte Abdostion, ‘ART. 343, CONSENTED ABDUCTION 41. That the offended party must be a vigin (not necessary in a matoral sonse since the tem Inetases vinous women of good repuaton; 2 That she must be over 12 and under 18 years of 208; 3. Thal ho taking away ofthe offended pary must be vith hor consent. after soitation or calary om therofender and 4. Thathe taking away ofthe offended party must be wit awd cesta, Notes: the vigin i under 12 years of age, the crime commited Is frable duction, even ifthe gi ‘consented tothe elopement “The abduction ofthe victim aed not be wth some Vieum need not be taken trom her house. ts sufftont tat the abuetor was Instumenta io Met ‘escape. Resqires solicitation or eajoery. "Thore can be consented abduction wih ape CHAPTER 5: PROVISIONS RELATIVE 70 THE PRECEDING CHAPTER OF TITLE ELEVEN ART. 244. PROSECUTION OF ADULTERY, ‘CONGUBINAGE, SEDUCTION, ABDUCTION, [AND ACTS OF LASCIVIOUSNESS 4. Adutry and eoncubinage must be prosecuted ‘pon complaint signed ‘by the offended sous 2, Seduction, abduction, o acts of tascviousness Imustbe prosecuted upon complaint signed by 2 otlended pay, B. byher pores © grandparess, or 4. egal guarsians “In the orderin which they aro named above, EFFECT OF MARRIAGE GENERAL RULE: Marriage in geod faith ofthe offender withthe ofended porty exingulshes the minal sti or remiis the” penalty sleady imposes ‘upon him. This apphes az wall to ‘2ccamploes andacosesores-ferhe- fact EXCEPTION: In. case of rape, maniage ‘exinguishes the criminal action oni against the principal but not 10. the accomlioes and Socereeres. Ts rule also dose nat apply 10 artis gully of corewbinage and airy. NoTes: Rape is now a crime against persons, and ths, nay be proseculed de oii or unon complaint of ‘ny person, In adatery and concubinage, both offenders must be included inthe complain, evan i only one fs uit. men the offended pary ie of ago and isin complete possession of her mental and physical faculties, she slne can te the compl (apples to crimes aganst chasiy). Complaint must be fled in court and not inte fl, PARDON IN CRIMES AGAINST CHASTITY [Express or implied pardon by the fended party isa ar to. prosecution’ for adultery of Coneubinage. However, pardon must exiend to both offenders and mist ‘come, before the insttwton of he crminal action. Express pardon by the ofended party or other pereone named inthe law ae the case may be is 5 bar to prosecution for seduction, abduction, ape or cts of lasciviousness. Pardon in Seduction must also come before the ination ot minal action PARDON BY PARENTS, GRANDPARENTS OR 214 ONDA ANMIAADAD2AADADAD nananed nae ransADAAAD9B9AD 90 Qos anannrone PROPS ATENEO CENTRAL {GAR OPERATIONS 2019 ‘SPECIAL PENAL LAWS. (GUARDIAN MUST BE ACCOMPANIED BY THE EXPRESS PARDON OF THE GIRL HERSELF Pardon must be granted rect by the ofended party ‘andi i only when she ie dead or other Incapactate o grant, hater paren, grandparenss or guardian may’do 80 for her (U.S. v. Luna, # Phi 360), ART. 245, CIVIL LIABILITY OF PERSONS. GUILTY OF CRIMES AGAINST CHASTITY. PERSON GUILTY OF RAPE, SEDUCTION OR ABDUCTION, SHALL ALSO BE SENTENCED: 1. Toindomiy the cfonded women 2. To acinowledge the offeping, unloss the lew should provent him font 20 doing; and ‘3 Imevary case to suppor theofering, and concubine in the case provided for in Atlee 333 and 324 may also Be Eontenced nthe same processing ona separate ‘Svisoreceadin, to Inemniy for damages caused tothe ofended spouse, “Thre lg noc ably for Ace of Lasiviousness Moral damages may be awarded tothe offended party, and. her paren, for seducon, abduction, fape, other nschous nt (et 2219 Gil Code) Inmultpl rapes by mull cfenders, alo them ‘must suppot offspring. No one may be made to sesnouteage hs asp Theyofender ina rape ease who ' mates Is ro longer prehibted rom acknowledging his feping because since te child is tegitmate, the Farily Code automatically confers parental autho 12 ‘hemotner. He can only be sentenced to indemnity the vieum and support his ofspng. Amount end toms of suppor should be determined only ase {00 notice & hearing Only indemnity Iv sowed in rape of @ manos women. The defendent cannot be sentenced to ‘eknowiedge and suppor he afsping. ART. 246, LIABILITY OF ASCENDANTS, ‘GUARDIANS, TEACHERS, OR OTHER PERSONS 'ENTRUSTED WITH CUSTODY OF OFFENDED PARTY PERSONS WHO COOPERATE AS. ACCOMPLICES BUT ARE PUNISHED AS PRINCIPALS IN RAPE," SEDUCTION, ABDUCTION, ETC: ‘ascendants Guardians: urate: “Feochers: and Any other person, who cooperates as accomplice with abuse of author or ennfidental eatonship. OTHER INSTANCE WHEN ACCOMPLICE IS PUNISHED AS PRINCIPAL: Sight legal detenionphysical or mental tisabilty er condition or oF protecting Nersalt from abuse. (People v. Abell, C.F. No. 151052, March 25,2008) Under Section 5(0), Article Ml of RLA. 7610 in relation to RA. 8383, i the vetim of soxual lbuse is below 12 years of age, the offender should notbe prosecuted fr sexual abuse but for statutory rape undor Art 266-A(2(6) of tho RPC and penalized with reclusion perpetua, the view is 12 yeare of older, the offender should be charged with either sexual abuse under Section (0) of RA. T610 or rope under Art. 266A, (except paragraph ‘[]) of the RPC. HOWEVER, the offender eannot be accused ofboth crimes for the same act because his right against double Jeopardy will be prejudices. Likewise, rape ‘cannot be complexed with a Violation of Section S(b) of FA. 7610. Under Section 48 of the RPC {on complex cles). ‘elony'undar the RPC (such as rape) cannot be complexed with an offense penalized by a special taw.(Pooplev. Abay, GR. Ne. 177752, Fobraay 24, 2008) PLEASE SEE SPL REVIEWER ON RA, 9995 ANTI-PHOTO AND VIDEO VOYEURISM ACT 2009, PARTICULARLY, Sections 3, 4,687 218ATENEO CENTRAL {BAR OPERATIONS 2019, ‘SPECIAL PENAL LAWS, = RA. 9262 PLEASE SEE SPL_REVIEWER ON | | ANTI-VIOLENCE AGAINST RA. 9208, ANTI-TRAFFICKING IN| | WOMEN AND THEIR CHILDREN PERSONS ACT OF 2003 ACT OF 2004 PARTICULARLY PARTICULARLY SEC 4. ACTS OF PSYCHOLOGICAL VIOLENCE TRAFFICKING IN PERSONS, SEC 5. PUNISHABLE ACTS, SEC 5(6) ACTS THAT PROMOTE TRAFFICKING — | INPERSONS AND SEC 6. QUALIFIED Lreaeeiexinc i PERSONS PLEASE SEE SPL REVIEWER ON ‘SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ‘ACT (RA. 7610, AS AMENDED), PARTICULARLY See. 5,6, 7 and 8. NoTE: COMPARE PROSECUTION FOR ACTS OF LASCIVIOUSNESS: UNDER ART. 336 OF THE RPC AND RA 7610, AS AMENDED = Under RA’ 7610, the penalty {or lascivious conduct when the vietim is under 12 years of age shall be reclusion temporal in its medium period. (On the other hand, At. 338 of the RPC provides a lighter penalty of prision correctional for acts of lasciviousness. JURISPRUDENCE 4. The implementing rules elaborated on this detintion wien ft defined 9 *chile” a fone who is below 18 years of age or ‘over sald age who, upon | evaluation of a qualified END OF TOPIC 216 wall telalalalatalcleiateiatslalonstataletcialeltelelelaialctsieaf sagas MOOCeAaroananagagno00ggos ATENEO CENTRAL [BAR OPERATIONS 2019 SPECIAL PENAL LAWS BERSONS CHAPTER 1: SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS ART. 347, SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER; AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD PUNISHABLE ACTS (2, SSC) 4. Simulation of birth, 3m of one child for snother, ot ing oF abandoning an lepiimate child w! the iment to cause suen hit eae i ll stat, SIMULATION OF BIRTHS ELEMENTS. The cds baptized or registoredin the Registy af inh asthe etfender's: b, Thus, the chld loses ie real status and acquires ‘new one: end The offenders purpose was to cause the loss of any trace a tothe chiles tue tiation. CONGEALING OR ABANDONING ANY SUCH CHILD TO LOSE ITS CIVIL STATUS. ‘ELEMENTS: 12. The hl mistbe legitimate, uly developed and 2 ving boing, b. The offender conceals or abandons such child: and ©, The offender has the intent to eause the child to lone its ell stats, + SIMULATION ~ erie must ater the person's et ‘Simulation takes place whon the women pretends to be pregnant whan infact she was not woman iho emai bith and the woman who fumishes The ch are both response ae principal. ‘The fact that ch willbe benefited by simuiation of birth ie nota defense since tcrstoe a falas statue to he detimont of members of family to which the rid is nvosiced, 2father who sels hs child is nt Hable under his Arle since there sno abandonment “ABANDONING A MINOR UNDER ART. 26 “The fender must be one ho. hae [ ABANDONING A] (CHILD UNDER ART. 347 “The ender sang person Sas ae AE Tis purpose to “The purposes to cause he hd oes | avoid the obigtion lech satu, Of rearing and caring forthe chi ART. 348, USURPATION OF CIVIL STATUS. HOW coMMIrtED: “The felony ie. committed by 2 person who assumes. the filation, or the parental or Conjugal rights of another. NoTEs: + Griminaintentto enjoy te crights of anata by the oflender knoning he's nol ened thereto i necessary to constite ts. cme. ‘+ QUALIFYING CIRCUMSTANCE: Purpose ofthe Impersonston isto doraus the offenses party ot shoe, + THis includes usurpation of protession. is absolutely necessary that there is intent to enjoy the rights arising ram the cl situs of he poreon impersonated (CHAPTER 2: ILLEGAL MARRIAGES ART. 249, BIGAMY ELEMENTS: ‘That he otender has been legaly mented 2. Thal he mariage has not boon legally dseolved «incase his or her spouses absent, te absent spouse could not “yet be presumed dead ‘ecordng othe Ci Code; 3. Thet he contracts @ second or subsequent ‘mariage: and 44, That the second or subsequent mariage has all the essential requistes for val. NOTES: +The crime of bigamy does not fall wihin the category of private cies. Hence, i can be Prosocsted oven without the intative of the fended party. +The fact thatthe tet marrloge Is vold fom the beginning fs not a defence n'a bigamy charge ‘There ie a naed for judicial declaration of ne nul ofthe 1st manage. Simlaty, there must ‘so be a summary proceeding ta: declar the fbsent spouse presumptively dead for purposes ‘Stromamage, + Tharsis bigamy even if the fest manage was subsequently anmled the marrage took ploc= 217ATENEO CENTRAL {BAR OPERATIONS 2019 ‘SPECIAL PENAL LAWS uring the existence ofthe fest marrage. + The validity of the second marriage is a projudietal question tothe lability for bigamy. + One convicted fr bigamy may be prosecuted for concubinage 2s bon ao. distinct offenses However, the sooond spouse is nel nocessaiy Table to bigamy. + One who falsely vouchos forthe capaci of ather ofthe contacting partis knowing that one of Dorles is aeady maried is an accom. + Fall to exerase due ollgenoo to ascoraln the ‘whersaboute ofthe tat wile and the husbond's Tomariage ie bigamy through reckless Inmpruonce ‘+ Apardon by th offended party doesnot extinguish eminal ation considering that @ cme. commited against the State and the crime of Bigamy sa. public oflense which canbe Noglgenceis nota crimein ite, but sSmply a way of commiting @ crime + Ar. 64 on mitigating and aggravating ceunstances isnot appleableinquas- offenses, In the tochnical term *Reckless. Inprucence 226 n90 AnDDAAD y a00nmn090 nA4 naeenanecannanoa4an4 > Ono COOOD9NG onoo a cocernnnran ATENEO CENTRAL BAR OPERATIONS 2048 SPECIAL PENAL LAWS resulting in Homicide”, what is punishes is tthe ‘et ioelf butte mental attude or condo baling the ac. Negligence is @ quashofense, What s punished is not the effect ofthe negligence bu the reddessnens ofthe accused, CContnbutory neigence of offended party i not an absclute defense but onl miigaes cri abi, ‘Violation of a rule or regulation or law i, proof of neghigense. No criminal abit for death or injuries caused by feekossy nogigent act to iespassers where ho ‘efensart was not are of th presence, ‘QUALIFYING OFFENSES. The offends far to lod on-the-spot assistance to the victim of is negigence or abandoning one's win isusualy punishable under At. 275 CIRCUMSTANCE IN QUASE- Howovor, if iis chargod under Ar. 365, itis only @ uatving creumstance. I not alleged atl cantat Sven be considered as an aggravating crcumstance, ‘TEST OF NEGLIGENCE {@: Di tha eotendant incoing te aleges negigon act. ie the reasonable care an caution which an orinary Drudentpersen would have usedinthe same stan? not, hen he fe gully of negligence RECKLESS IMPRUDENCE FORCE MAJEURE [ir immedi | Everis” whch Suid personal ham or | not be foreseen, or Samoge to property is | which, tough petcewable ond ean | foreseen, were be prevented by the inewiable. implies fxerdaa of resconable | an extraoranary fare. The want of | ercumstance which Featonable tare ‘a indopondent of the proven how or | wil! the ator. Gamage constites feckless imprudence. LAST CLEAR CHANCE RULE The conttbutory ‘eghigence ofthe injured party wile ete the action ite shown tat the aoossed might, by he exercise of reasonable care and prudence, have avoided the consequences of the reghgence ofthe injured party. DOCTRINE OF PREEMPTION IN VEHICLE COLLISIONS. _Altnough te civer ofa motor vehicle roasing a thru strectis supposed to wal along the niersecion forthe driver of another vehicle running slong said thru Steel, ifthe diver crossing the sveet had already Teached th mide thereot, the other ever waveling ‘along the trustee, athough with 3 right of pre ‘mpl, haste dy wo stop hs malo vehicle inorder te avoid a calison EMERGENCY RULE ‘person contented wih emergancy may be et with ‘ho timo for thought and must make speedy decision Based on Impulse or nstinet andcannat be Mae ade for sama conduct as one wie had the oppoxtrty 10 reflect. This ls applicable only when te stuation tt farses is sudden, unexpected, and ts such 9s 10 ‘deprive him ofall eppertunity for deberatin. Eg, An automobile diver, who, by the negligence of snoiner, fs suddenly plated in an emergency ands ‘competed to act instant to avid alison orn, Ismet gully of negligence i he makes & choles which 2 parson of orainary prudence placee in such 9 poston might ake even though he dd not make the wisest choice NOTE: Must be based on negligence of another wih 10 proot ois on neghgence. END O= TOPIC arATENEO CENTRAL ‘SPECIAL PENAL LAWS. ‘TOPICS UNDER THE SYLLABUS ANTLARSON LAW (SECS. 1 TO 5, PD1643, [AS AMENDED BY PD 1744) [ANTL-CHILD PORNOGRAPHY ACT OF 2009 (SECS. 3{A-C) 4, AND 5, RA775) ANTLFENCING LAW OF 1979 (SECS. 2 [AND 5, PO 1612) |ANTL-GRAFT AND CORRUPT PRACTICES [ACT (SEC. 3, RA 3019, AS AMENDED) ANTLHAZING ACT OF 2016 (SECS. 2 AND 53, RA 8049, AS AMENDED BY RA 11053) ANTLHUJACKING LAW (SECS. 1 AND 3, RA 6235) ANTLPHOTO AND VIDEO VOYEURISM ‘ACT OF 2009 (SECS. 3A, B,D, FJAND 4, RA9995) ANTLPLUNDER ACT (SECS. 1 AND 2, RA "7080, AS AMENDED BY RA 7650) ANTLSEXUAL HARASSMENT ACT OF 1895 (SEC. 3, RA 7877) ANTI-TORTURE ACT OF 2009 (SECS. 3[A, 1,4, AND 5, RAS745) ANTLTRAFFICKING IN PERSONS ACT OF 2003 (SECS. 3,4, AND 6, RA 9208, AS AMENDED) ANTLVIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (SECS. 3, 5, AND 26, RA 9202) BOUNCING CHECKS LAW (SEC. 1, BP 22) ‘COMPREHENSIVE DANGEROUS DRUGS: ‘ACT OF 2002 (SECS. 6, 1,15, AND 21, RA, 9165, AS AMENDED BY RA 10640) COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (SECS. 28 AND 29, RA 10591) CYBERCRIME PREVENTION ACT OF 2012 (SECS. 470.6, RA 10175) HUMAN SECURITY ACT OF 2007 (SECS. 9 706, RA9372) NEW ANTLCARNAPPING ACT OF 2016 (SECS. 2 TO 4, RA 10882), ‘OBSTRUCTION OF JUSTICE LAW (SEC. 4, PD 1829) ‘SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT (SECS. [A 5, AND 40,RA 7610) LANTEARSON LAW (PD 1619):(RA7659) ‘A.Punt (ISHABLE ACTS 16. IIPLE ARSON IF Atty PERSON SETS FRE tothe propery of another, OR 'o his on property under circumstances which expose to danger the fe or property of another (See 1, PD 7673), 18, DESTRUCTIVE ARSON, IF THE PROPERTY BURNED IS ANY OF THE FOLLOWING. (Pure ‘Any bulling,devotd othe public in general regardless of wheter the offender had nowedge that Uhre are persons in said building and whether the building is actualy habited orn ‘Any balding, ane any appurtenances thereto, for public uty service ‘ny tein of locomotive, ship orvessl,iehip oF alplane, devoted. 10 transportation or ‘conveyance, or for puble use, entertainment cline Any buling the uring of which fe for ‘oation of law, or for concealing bankruptey or defrauding erecitars or to colect fom Insurance (See 10, RA 7859} ‘ny arsonal,shipyara, storehouse orilary powder or Tiers factory, orsnance orohouse, archives or general musoum of the government ‘Anyinhatitod place any storehouse factory of intammable or explosive materials (Sec. 4, Por), 17, OTHER CASES OF ARSONS (G- PRIME) ‘Any government butdng: ‘Ay plantatio, farm, grin fod forest, ee ‘Any rllvay or bus stan, argon, whart oF warehouse; [Any Inhabited house or dueling ‘Ary fice ail, sugar mil, cane rll or ei contra ‘Any ncstial stabishment, shipyard, allwoll crmine shat, platform or tunel (See. 3, PD 1613}. B. PRIMA FACIE EVIDENCE OF ARSON (VP- swirT) 228 y a94nD mannc0070 290 LO ananano annannsBad ONADNMAADAASD 00 aorocacngge raAcan ATENEO CENTRAL BAR OPERATIONS 2019 SPECIAL PENAL LAWS Fire is uoed toll 2 Murder (teuse offre os ualiving creumsiance to person the ce of murs) Fir is used to burn be Ting but tho abut peson incdentaty Te demand for yaiusbia consideration was mode efor tho fre in exchange for the esisance of he offender oF forthe safety of the person or property of te itm: tf during the lifetime ofthe re insurance noloy more than twa fee have occurred in the premises owed or under the contre ofthe blender andor insured Fe slated gimitaneousl in more than one par of he buling shorty before the re, a substantia parton of ‘he effec Inared and stores ina bulng or propery had been ypthdravm fom the premises except Inthe orinary course of bisinese; I the building or property is. insured for substantaly more thn is acualvatue atthe Lime ofte eauance ofthe poe \aubstntal amount of ammable materials stored within the buling rt necessary in the busines ofthe offender nor fr household us and any contvance dosigned to star a fre, or ashes of traces of any ofthe foegeing are found in the ruins or premises of the bumed boulang 0° property. (See. 8, PD 1613) C. AGGRAVATING CIRCUMSTANCES (GST ‘Committed wth intent o gin; Comite for the Benet of another otvated by splte or argor towards the owner ‘orcccupanta the property burned (See. 4, 1819}, nd Commits by two or more persons regardless of their matve in buming, or that it may ‘onstitte an overt act of another violation of tw (See. 1,70 1744), NoTEs: \nere death resuts from srean, the penalty shall be reclsion perpetva to death. (Sec. 5, P1633), 1+ Thore is no complex crime of arson with homicide. There may ely bea rim of ether murder or arson, depending on the intent (People v. een, No. 88485, Jun 27 1994) END OF TOPICATENEO CENTRAL ‘SPECIAL PENAL LAWS WLANTLCHILD ACT OF 2009 (RA ‘78, |A. DEFINITION OF TERMS. ACHILD refers to ‘+ porsen below cightoen (18) years of age or ver, but ls unable to fully take core of himselthereolf from abuse, neglect, crusty, fuplotatin of ciecminaton because of & physical omental disabity or cndton: +a person regardless of age whois presented, epictod or portrayed as 9 chid 28 defined herein, and + computer-generated, digitally or manually crafted images or graphics of a person whois ‘presented or whole made to appear to be & hd as detned nerein. (See. $e), RA 9775) CHILD PORNOGRAPHY: 1+ refers to any representation, whether view fu60, or ‘writen combination theron, by ‘loctonie, “mechanical, dita opal, ragnaticor any ether means, of cl engaged or involv in eal or simulated expict sexsal ‘elves. (See. 3], RA 8775) CHILD PORNOGRAPHY MATERIALS: refers to the maans and mathods by which chié pornography is cared out {310 form (@) Visual depiction —not only images of real ehilaren but aso aigtal mages, computer Images or camputer-gonerted images; (©) Au representation ofa person who's ors representod as being achié anawho le engaged in ois rprosontod as boing engaged in explict sexual activity, oF an ausio representation that advocates, encourages oF ouneels any sexual activ wit chron which san offense under tis Ac and (6) Waiton text oF material nat edvocates oe counsels ext sexual acy with 9 cle ‘and whoee dominant cheraceriste is tha ‘eserption, for asexual purpose, ofan explic sexual activity witha cl 19. to content, Ihintudes reprecentaon ofa person who i, appears to be, or is represented a6 belng a chil, the dominant characterise of which is the depiction, for sexu purpose, of: + the sewal organ oF the anal region, or 3 representation threo: and + the breasts, ora representation ofthebreses, of a female person. EXPLICIT SEXUAL ACTIVITY includes actual or simulated - 20, sexual intercourse ortasious act nung, but not limited to, oral sex, between persons othe same cr opposite Sex 21. bestiliy 22. masturbation 23. gadiebcor masochiste abuse; 2h ines exten of the genital, or aher private body pats or 25,use of any objector instrument er lascivious acts, (Sec. 5 (¢} RATS) ‘SYNDICATED CHILD PORNOGRAPHY Wf cared out by 2 group of 3 oF mare persons conspiting or confederating with one another. (See. 8 RAG7I5) 8. PROHIBITED ACTS 26. To hire, persuade, induce or coerce acl to pertormin the cretion er production of any form ‘of child pomegrachy. 27. To produes or creat any form of chile omogaphy, 28. To publish, sl dette, broadcast, export or Import any farm of eel pomosrapy 29. Toposeeas any form of chit pornogrophy with te Intent to sel, stb, pubis, orbreadcast Provided, tat possession of tree (3) or more articles of cid pomograpiy ofthe same form Shall be prima facie evidence ofthe intent to Sell dlstrbute, pubish or broadcast 0, To provide a vere or he commission of prohibited acts suchas, but noite, dens, pvate rooms, evbicles, cama, houses or in ‘slablshmerts purporting ta bea legate business: For fim distibutocs, thestrs and telecommunicaton companies fo dtrbute any form of cls ponography, 32 Fora parent, logal quardn or person having custedy or canto ofa ch to knowingly pert the cit to engage in any form of ld pomography, 38. To engage i he kaxing or grooming of chi 230 a eB a99009400 foleia) a0 aan roy anaecnnaanANADANADNAAAAABD oo o0 Aang Cog PACK ANRA ATENEO CENTRAL, SPECIAL PENAL LAWS £34. To engage in pandering of any form of chs posnography, £35, To willy access any form of cid pomography, 38, To conspire to commit any of the ponies acts state in tls secon; and 837, To possess any foen of ehd pornography. (See. 4 RAGTIS) REPORTORIAL REQUIREMENTS 38 Internet Sorvice Providers (ISPs) and Intomet Content Hosts (iCHs) ‘AI ISPS anc ICHS shal no the PNP or NB witin 7” days fom obiaing facts and roumstances that any. form of chié pornography is being commited using ts ener or fi. Tne ISP or ICHis not oqured to engage inthe ronkoring of any user, or the content of any ‘commuricatin of any such user. NNoSP or ICH hal ot be hel city able for ‘damages on account of any notice given in ‘fit in compliznce wih this een. ‘AnISP or ICH shall preserve such evidence for purpose of investigation and prosecution by felovant authortie ‘AV ISPe. of ICH shal install avaiable technology, program or software a ensurethat, ‘scans (9 of tanita of any frm of child ‘Pomography wil be blocked or itere, ‘An ISP oF ICH who shal knowingly, wilfully and intentionally vote this provsion shal be eubjecto penaes 38, Mall Owners/Operators and Owners or Lessors of Other Business Establishments ‘Al_mall ownerloperaors and owners. or leasors of other business estabahmenta shall nobly the PNP or the NBI within 7 days from blaring fects and circumstances that chile Pornography is boing committed in theie Public splay of ary form of child pomography witin their premises is a condusive prosumption of the knowledge of their knowledge of voiton of hi Act ‘Tere Is @ disputable presumption of the knowledge that the mall ownersioperatos, tc should know or reasonsbly tow that 2 ‘ation of his Acts being commits in their premises. Photo developers, information technology professionals, crest card companies and banks and any person who has rect knowledge of ary frm of chil pornography actviies shal have the duly torpor any fuspecied hid pomography mates oF transactions o the propor auhostios within 7 days trom decovery there. ‘Any wilful and intentional volston cf tis provision shal be subjoct to the penalty provided in his Ace END OF TOPIC 2ATENEO CENTRAL [BAR OPERATIONS 2019, ‘SPECIAL PENAL LAWS ANTLEENCING LAW (PO 46121: AND ITS IMPLEMENTING ‘A. ELEMENTS OF FENCING (KRIE) "+The aceutos Krows or should know that the latte nas been deve from Une proceods of the crime: ‘+ Bobboryorthet has been commited + The aceused has Iniont to gain for himget or foranotner and + The accused, who is neither 2 prnepal or accomplice in the theft or robbery, By, receives or possesses, conctale, soquies, keeps, sls oF dsposes arinany mancer deals, wa ho poaoed ofthe crime + Fence includes any person rm association, corporation or pstinershi of other fexganzation wholwnich commis the act of fencing. (See. 2. PD 1612) '. PRESUMPTION OF FENCING + Mere possession of any goad, ance, tem, object er anything of valve which has been the ‘sbject of robbery of thievery shal be prima facie evidence of fncing. (Sac. 5, PO 1812) + Facors iat are to be constored in justtying the presumpton incu: 2 theme and pace ofthe sale, both of uch may nat be in accord wth the Usual practces of commerce; 1 nature and condition ofthe goods sol (© the fat thatthe sll is nat ragulary engaged in the business of seting foods. (Ong v. People, GR. No. 1190475, Ap 10, 2013), C. CLEARANCE‘OR PERMIT TO SELL ‘All stores, establishments o enttes dealing a the buy and sell ef any goed, aricle, item, fbject of value obtained trom unlicensed ‘sealer or supple: + Must socure the necessary clearance or permit from the sation commander ofthe PNP in the town oily where he store is loeateg, bofore ‘fering the goods forsale othe pubic + Failure to secure such clearance oc permit it Considered a purishable fence Nores: ‘+ Short of evidence estabishing reasonable oust of the existence of the essential flements of fencing. there can be no fanclon “for such offense, XX As complainant Rosi reported no oss, the Coun eannot Hold or een hat thee was 3 commitid crime of het. Tho fst element of ‘he crime of fencingis abeent. (Tan v, People, GR No. 124298, 1999), END OF TOPIC 232 2290909900 o0n0n000090 a0 enarnraannaeangnaDOVMABAD ann090D000 oo qaq0n000 rproaeananoan ATENEO CENTRAL BAR OPERATIONS 2019 ‘SPECIAL PENAL LAWS. IV. ANTL.GRAFT AND CORRUPT PRACTICES ACT (RA 3019) A. DEFINITIONS. PUBLIC OFFICER - elective and appainive ofits and employees, permanent or temporary, whetor in the cassifed ‘or unclassified or exempt sence receivieg compensation, even nominal, from the ‘government. RECEIVING ANY GIFT includes the act of accepting rectly or indirectly a gt rom a person other than 8 member of the public offcers immediate family, oF telave.witin the fourth vl degree, either’ by Consanguinity or afrity, even on the occasion of 8 ‘amiycelebeaion or nana fesiy the vale ofthe itis mariosty excessive. GRAFT ~ Paying for something not echnical legs paying a get sto hn, CORRUPTION ~ Paying for something ilegl. Ex paying to'acquie a dvers'ieanse desplerotqusiied (ust age ar otha condton. 1. Anypublic officer wtio shall perform any ofthe following acts: PUB-FROGGERAV (Sec. 3) (2) Direct or nsrocty having franca or ‘pecuniary interest in any business, contact ot intervenes o take partinhis offal capac, arin which he sprite by the constiuton forty anylow fom having any interest NOTE: Actual intervention is required. (b) Causing any undue injury to anyparty, including the Government, or ging any private pert any unwarranted benef, preference inthe dscharge of his oficial fuelon trough manifest partiality, evident bad faith or gross inexcusable negigence. Notes: 1+ Aviltion of Section) of LA No. 3019 may be commited eiter by dol, 3s when the ‘accused actod wih evident bad faith or maniest paay. or by ouipa as when the ceused acted ith gross inexcusable negligence (lan v. People, GR. No 166967) “Manifest Party ~ synonymous wit "bias" (Fonacier ¥-88, GR. No, 50861, December 5, 1994, +" Bai faith ~ imputos a dishonest purpose or some moral obliquity and conscious doing of avrg tparakes of he nature of aud) + Gross negligence - as noglgence haractorized by the want of avon slight care, acing oreriting to actin a situation where there is 8 duty to act, not inadvertently but ‘wkaty and intentonaly th = conscious indiferonce to consequences in £0 for 35 ‘other persons may be aflected (14) + The inclusion of all the modes of violating ‘Section 3) of RA. 3019 Inthe charge sheet '5 not equivalent to charging the accused with Sacis. The usec he tree phrases "manifest partly” “evident bad faith” and “roo Inexeusable negigence” in the some Iefermation doesnot mean thatthe indickmen charges three distinct olnses but only implies thatthe ofanse cherged may have been commits throuah any of the mages provided by the law. (Fonader ol al. Sandiganbayan.G.R. No. L-S0831) 1+ There is no attempted or frustvated sage of tho chime defined In Sec. 3(6) of LA No, 3019, (6) Knowingly approving or granting any license, permit privilege, or Benefit in favor of any person not qualified fr of aot legaly entited to such tcanse, permit, privilege or advantage, or of @ mere Fepresertatve or dummy of ene who is not so qualfec or ented. (@) Accepting or having any member of his family ‘capt employment in a pivate enterprise ih has pending official business with Fim uring the pendency thereat o within one year ater its tornnation NOTE: The acts maa prohibits, (e) Persuading, orinfuencing another publ offcar to perform an act constituting a Violation of rules and regulations duly Fromlgated by competent authority oran ‘fenae in connecton with the fll utes 233ATENEO CENTRAL BBAR OPERATIONS 2019 SPECIAL PENAL LAWS ofthe later, o allowing himsal'o be persuaded or inisenced to commit uch lation offense NOTE: Persuasion need not be successful (0) Entering, on Beha of eGovernment, into any contrat otrensaction manifesy and ‘grossly disadvantageous to hesame, vhather ort the puble offs potted or wil Prot thereby. Notes: ‘+ Determining wheter the conuact was maniesty and grossly cisadvantagoous is not rmetelybased on consideration of thepecuniany Amount involved. (Marcas v. Sancigenbayan, GR No. 126005, 1998) + Soction 31) of RA 3019 parakes ofthe nature ‘of alum pronstar (G0 + Sondigenbayan, GR, No. 172602, September 3, 2007) ‘+ Section 3i6) of A 3019 is for PUBLIC OFFICERS ONLY. The labity of priate Iedviduas who paricpated inthe wansacton rust be established. under another MORE ‘pproprate provision, which is Section (0) of FRA.3019, or knowingly ining er causing the public officers to commit crmes punished tinéor Seton 39) wher criminal intent must necessarily be proved. This. is in clear ecageiton that Secon 3g), a malum Prohbtun, specfealy applies to puble ‘fees any (i), ‘+ Whore tie government was amy protected in the subject ransacion, and consequent the contract was nol gresely and manifest ‘Ssadvantageous to the govemment, It we held hat one of the elements of ha erm, ‘that the contactor ansactan if grossly and maniestydeadvantageous to the government. is conspicuously missing (Filan \ Sandiganbayan, GR. No. 115221), + There is no need to prove thovalidity of the contact oF transaction. (Luciono v. Esto, GR. No.L- 31622, August 31,1970), (6) Dieaty or indirectly requesting or receiving any aif, percentage, oF bene or himself or far any abier person in connection wh any contact or tansacton between the ‘government and anyother party wherein the public offer in his offcial capacty has Intervene under the aw. Notes: + 806. 9(0) of RA, No, 2019, refers to a public cer whose oficial intervention is requied bylawin a contact ot transaction Jaravaav Sanaiganbeyen G.R. 56170, January 31, 1984) + Lack of “demand” fe material since the provision uses the word "er" between requesting nd receiving ‘+ Thare must bea cea intenton on the pat of ‘ha pubic oficerto take the git so offered and consider tas his or her own property fom ‘hen on. Mere physical receipts not sufelent that he cme has been commie (Peligrne 7 Pogple GR, 726268 August 31, 2007) + Conspiracy by silence and ination cccure when the accused are all heade of ther respective offces thal perform interdependent fonctions inthe processing of eash advances and, exhibit anattude of buck passing he Something to someone else] in ro faco of he rrequaities ace w. People, GR. No. 466967, (t) Directly, or ineiretly requesting oF receiving any ait, o her pocuniary or ‘material Benet, fer hse or for anoles, {tom any person for whom the pubile officer, has secured or obtained, or wil ‘secare or obtain, any Government permit or Teense, i consideration fo he help given or tobe gion (0 Nedleting or refusing, ater dve demand or aquest, without sufieient usticaton to act within easoaable Une onary matter nding before him forthe purpose of btaining directly rine, rom any person inerated inthe mattar some Pecuniary or material Benet or advantage, or forthe purpose of favoring his an interest or ing undue advantage In favor of or lscinatng against any oth interested ary. 234 NA7RI9NANNRDOD 9 O90 D090 oo aaqnao0 ananancanooasgogao9 lol oonon00g00 oO lenenerenene AAOARAANO ATENEO CENTRAL BAR OPERATIONS 2019, SPECIAL PENAL LAWS () Directy or indrocty becoming intrested, for personal gain, or having & materia interest in ‘any transaction e at requiing the approval of ‘board, panel. group of which he Is & ‘ember, and whch exersses dseraton in ‘5c approval, oven ithe votes against the ‘same or does rol parcipate into acon of the board, commitee, pana o r00p. NOTE: Interest for personel gan shall be presumed ‘against those public officers responsible for the Approval of manfestyunlawil, inequitable oreregular transactions or acts by the boar, panel, or group to whieh thoy belong (4) Dauing valuable information a confidential character, acquired by his offs or by bm en ‘count of his fell positon to unaxtrorzed persons, or elesing such infomation in ‘advance offs authorized release do ‘Any person having family or close personal ‘elation with any public offical who shall take ‘advantage of such personal relation by directly ‘oF indirectly requesting oF receiving any prevent git, or material or pecuntary ‘advantage from any person having some business, request, or contract withthe government in which such public officat has tointervene. ‘Any person who shal Knowinglynduce or ‘ause anypubllcoficll to commit any of the offenses under Sec. 3 of RA 3049, 4. Spouse or any relative, by consanguinity or aifrity, within the 3rd civil degre, of the President of the Phiippines, the View President, the President of the Senate, oF ‘Speaker ofthe House of Representatives, who shall intorvene, directly or indirectly, in any business transaction, contractor application ith the government. EXCEPTIONS TO #4: ‘This prohibition shal NOT apply to ‘+ Any porson who, prior tothe assumption of, office of any ofthe above officals to wham he Isroate, has been already dealing with the sovernment along the same in of business 6 pending atthe ime of such assumption of public office; ‘+ Any application filed by him, the approval ot \which ist diserationary onthe part ofthe ficil(s) cancer, AND ‘+ Any act lawlly performed in an officio capacty ori the exercise of profession, + Any mombor of Congress, during the term {orahich he hasbeen elected, who shall any personal pecuniary interest in any specie business enterprise which shall be directly benefited by any. law or resolution authored of recommended by him previously or adopted by Congress during his NOTE: Uniawfst for such member of Congress or other public officer, who, Raving such interest pic to the approval of such lw or resoliton authored oF recommends by him, continues for 30 days ater ‘ch approval to retain such interest ‘+ Any pubic ocr who shall alto flea true, otalod and swor statement of assots and lables (SALN) within 30 days aftor before the 15th day of Apri ‘allowing the lose af every calendar yea, 3s wel as Upon the expiration of his term of fee, or upon his resignation or separation tom office. NOTE: RA 6713 othe Cole of Conduct and Ethical ‘Stendards for Puble Ofisals prescribed that a SALN must be fled witin tity (20) days after assumption otic; on or before Apr 30 of avery year thereatr, and within tity (2) days after separation fom the ‘service (Sec. 8 RA6713) C. PRIMA FACIE EVIDENCE OF AND DISMISSAL DUE TO UNEXPLAINED WEALTH 5. Publ ofelal found to have acquired during his Ineumboncy, an amount of propery andlor money ‘manifestly out of proportion to his income. 6, Properties inthe name of the spouse and dopendonts of such publi ofl may be taken Into consideration, 7, Bank deposits in the name of or manifestly excessive expenditures inoured bythe publ offi or any of ther dependents NoTEs: ‘+ Competent cout tre Sanciganbayan, 235ATENEO CENTRAL ‘SPECIAL PENAL LAWS: + Public offlesrs charged under the Ant-Gratt law must frst undergo. presuspension hearing before being suspended. A. pre- suspension hearing fs required to determine ‘he validity of the lefoematon. However, on actual hearing is not neceassry. A tht required is that the acowsed be given an opporuniy to be heard. (Miguel Sanciganbayan, GR. 172035), +The prosecutton of any offense or violation under the AMLA shal proceed Independently ‘of any proceeding ‘lating to the unwll ‘eciviy. (Secton 6 (2), RA. No. 10365 ‘amending FA 9160, as amend D. PRESCRIPTIVE PERIOD: FIFTEEN (15) YEARS E.ACTS NOT COVERED BY THE LAW Unsolicited gts or presents of small or lnsignfcant value offered or given 99 a mere ordinary token of gratitude of fendshp according to local customs oF Usage. Notes: 1 No publ offcar shal be allowed to resign of rate pending an investigator. ‘+ Suspension while ponding In court after vals information (cannot be audomati), and loss of benfia convicted by fal judgment, raximum duration of preventive suspension Is {90 days; acquit reinstatement and F. STATEMENTS OF ASSETS AND LIABILITIES (SEC. 8 OF RAGTI3). All pubic ofcals and employees, excap those who ‘some in an honorary capacity laborers and casual o ‘emporary workers, shal le underoath Baie Statement of Asses, Labilies and Net Worth and a Disclosure of Business Inereste and Financial Connectors and those of thei spouses and unmaried children under Sigteen (18) yes fae ing inter eure Sha be fe: {a} hin ity (20) dye aor assuroton ot (soe tre Ap, fever yor hes (0 hin ity (0 doe ate sparaion om he All public ofelals and employees required under this section to fie the aforestated documents shall leo execute, within tty (30) days fom te date oftheir ‘assumption of ofa, the necessary auhorty in fever ‘of the Ombudsman Io oblsin from all appropiate ‘government agencies, incucing the Burea of Intomal Revenue, suen documents as may show tei asses, Habaties, not worth, and also thelr business itorests Nores: + I incudes salves and benef which he failed toreceve ‘+The courts ara not bound bythe statement of stots an fables fed “+ anally of foroture cannot "be appiod retroactively END OF TOPIC 236 Bi a90909000090 na00g0an5n nen006 naacanH909 ae000n00905 an eoraanrannaonna9co0Do ATENEO CENTRAL SPECIAL PENAL LAWS VLANTLHAZING ACT OF 2018 (RA 8049, AS |A. DEFINITION OF TERMS. (a) Any act ha oss physical or psychological suring, ham, or njuy: (ftom areca apn pleat (6) Re pat of an nian tte or practice made as a prerequisite for aissin or a requirement for continuing memborship in a ater, ‘sorority, or organization including, but not tinted to pod, whping, beating, ‘branding forcod calstonts, exposure tothe weather, forced consumption of any fod, liquor, beverage, drug or oer substance, oF ‘any other bial treatment or forced physical ‘actly which i key fo adversely affect the physical and psychological heath of such ‘eon neophyte, applicant, or member. "1 This sal als nude any atv, Intonienally made ar aneruie, by one person alone or acting with oer that fangs to humiata or embarrass, dagrde, ‘bus, or endanger, by requiring @ recut, sophie, applicant, o member to do oral, sly, or fois ask. (See. 2 RA 11059) 8, INITIATION OR INITIATION RITES + Rofertocaremeries, precties, uals, orothor ‘es, wether formal or informa that person rust perform of take part in order to be ‘ccepted into tatemy,serorty,erganzation a5 2 fulMledged member. + Wincudes.coremonies practices, uals, and ser acts In all stages of membership in a ‘ratemity, soronty, oF erganizaton. (Se. 2, As1059) 10, ORGANIZATION ‘+n organizes body of people which ictus, but fis nat Hnted to, ary club, association, ‘r0up, atari, and sooty. + Thlsterm shailinckde the Armed Forces ofthe Phiiopines (AFP), the Philippine National Polce (PNP), the Phiippine Mitary Academy (PIA), ne Priippine National Police Academy (PNPA), and other sinilarunifomed service learning institutions. (Sac. 26} RA 11053) 18. PROHIBITION ON HAZING General Rule: Al forms of hazing shall be prohibited + Fratemiies, sorores, and organizations in schools, ining ctizens* mitary raining nd evens em training + AN other trates, sororities, and cgrizations that are nat schookbased, such ‘3s conmuniy-based and other similar ‘raterites, sororities and organizations, Exemption: The physical, mental, and prochoes to Gelormine and enhance the physical, ment, and psychological flness of prospective regular members ofthe AFP and the PNP as approved y tha Seczotary ‘ot Natonal Defense and National Pie Commission, ‘uly recommended by the Chief of Staff of the AFP ‘and Director General of the PNP, shall NOT bo considered as hazing purposes of his Act. ‘+The exomation shall kewise aoa to similar procedures and practoes approved by the respective heads of ethor uniformed learing Insttutons as to ther prospective members, or shall his provision dpply any customary fihlate events or other smlar contests oF ‘ompatiions or any aciviy oF conduct thet forhere a ogal and legtimste objective, subject to prior submission of a medical ‘dearance of cenest, + In no cage shal hazing be made a ‘equrement for employment in any business ‘or enrperaton. (See. 3, RA 11053) REGULATION OF SCHOOL-BASED INITIATION RITES Initiation tes or practices that donot constitute hazing ‘hall be allowed provided the folowing requirements “FL Wattensppicaton to conduct ntiation res shalt he made tothe proper autheriies of the schoot not ler than seven (7) days prior to scheduled inition date: 12.The writen application shal indicate te pace ‘ang date of tein rites an the names of ‘he reer, neophytes, or applicants te be inated and the manner by which they wil 237ATENEO CENTRAL BAR OPERATIONS 2019 ‘SPECIAL PENAL LAWS £9. The ination ees shall ct aay; 14. The aplication shall contain the names ofthe incumbent oficare ofthe fatty, oro, oF ‘organization and any person or persons who wil take charge the conduct of th ination ie 15. The application shallbe uncer eat wth a Aeclration that thas beon posted in th oil Shoal bien board, the Bultin board of the aie of the fraternity, sory, or ganization, and two (2) other conspicuous places in the schoo! ‘rin the premises ofthe organization: and 416. he application shall be posted fom the ine of supmssion of the writen note tthe schoo! _uthortes or head of organization a shall only bb ramaved fram is posting trae (3) days ater the conc ofthe infation ries. (Sec. 4, RA 17083) st more than thes MONITORING OF INITIATION RITES + The head of the achocl or an authorized representative must assign at last two (2) representaives of the school to be present uring the ination. + Wie the duty ofthe schoo! representatives 12 429 il hat no hazing is conducted during tho Iniaton tes and 12 document the entre proceedings. +The representatives who were present during the ination shall make a report ofthe Inttion les Yo the appropriate offcials ofthe school Fegarcing the conduc ofthe said ination ‘© hazing is tl commited despite thir presence, no lab shall attach to them uniess hi proven tat thoy fled to peel an overt ac fo prevent oF stop the commission thereat (Se. 5, RAY11083) D.WHO ARE LIABLE AS PRINCIPALS 17-Persons who actully planned or participated in the conduc ofthe hazing 16. The officers ofthe fraternity, sorority, oF ‘organization who ace actualy present during the being, 19. The adviser of rate, sorry, ‘organization who was present but failed to take ‘acon to prevent the same fem occuring of failed te promptly report to the law enforcement ‘ulhoriles I sch adviser or adviser oF advisers can do 0 without pelo thelr person or tole fay, 20.qhe former officers, nonresident members, oF slumal ofthe fraternity, sorority, or organization wo ae alsa present curing the hazing orator the commission of any ofthe prohibited acs proscribed herein, illprform any ‘2etto ide, conceal, or othorice hamper or fbstrut any investigation: ‘The officers or membors of a fraternity, sorority, or organization who knowinaly cooperated in carrying out the hazing by Inducing the vet tobe present theres and 22, The members ofthe featerly, sorority, oF organization who are present during the hazing when they areintoxiested or under the Influence of alcohol or Hagel drugs. 23. The owner of lessee of the place where hazing fs conducted he has actual knowledge ofthe hazing conducted therein but fale to take ary scton to prevent the same fom ceauning oF {alled to prompt report the same othe aw ‘nforcemant autores if hay can do so witout alo thelr person othe fol. 24. The parents held inte heme f one ofthe offcers or members ofthe retary, group, ot organization, when teyhave actual knowledge the hazing condctes bt fall to take any action to pavent the same failed to promptly repor the same the tw enforcement sutheriis i such parents can do so without pero ther person cr ‘hai fay. 25. Any person who shalinimidate, teste, free, ‘oremploy, x administer ony form of vexaton ‘against another person forthe purpose of recruitment in ling or promoting 9 particular ‘ratory, sorority, or organizaton. 2 Notes: + Prima facie evidence of participation as principal The presence of any person, oven IT such parson is not a member of the trary, sororty, or ergaization, uring the hazing UNLESS’ such person or parsons prevented the commission of the acts punishable nereln or prompt reported the Same 10 the lw enforcement autores ‘hay ean do so without pari tothe person or ‘hei family. ‘+The aboves mentoned abies shal apoly to the president, manager, dvecior 0 olher 28 n9a90 a990000%9 noan0°D n90 oO anecananannaeg9n09gNngSg90509 oon00 a0 mRrannnannnnonaonano ATENEO CENTRAL [BAR OPERATIONS 2018 ‘SPECIAL PENAL LAWS responsible oftear of a caporation engaged in hazing as requirement for employment inthe manne! provided herein + Any person charged under this provision shall ro bo enited tothe mitigating cicurstance {hat there was no intention fo cami so grave a wrong, ‘+The incumbent offcers of the tiatomiy, sory, or organization concemed shal be jpinlyfible with those membere who actualy patcipsted inthe hazing, 1+ InPeople v. CA (GR No. 154954, Fob. 2012) Ie was helé that volton ofthe law i malar) pranibtum because the itent of the laf preventor dlscourage members making hazing 8 requirement prior to joining an organization. + The persistent and repeated proposal or invitation made to a person who had twice refused to panicipate of jn the proposes fraterity, socoiy, or organization, shall be prima facie evidence of vexaton. AS ACCOMPLICES. ‘+ Schoo! suthortes inlsing facuty members {a3 well os barangay, municbal ety ofils ‘who eoaserted io the Nazing ut fed to take fny action to prevent the same from curing or fled to promplly report to the law fnforcoment autores i the same can be ‘done wihout pelt ther person or thet aly END OF TOPIC 239ATENEO CENTRAL BAR OPERATIONS 2019 VLTHE ANTL HIJACKING LAW (RA 6235) ‘A. PUNISHABLE ACTS. + by competing @ change in the course or destination ofan area of Prilipine registry, 2 slang or usurping the conta hereo! whe iis in ig + by competing an alrerat of foregn regity to lend. in Phiippine terory seizing or usurping the cont thereof whe IIe inthe sei tertory, (Se. 1, RA 6235) ana + by shipping, loading, or camming in any passenger alta operating a 2 pubic wy winin the Philppies, any "explosive, flammable, coresive or poisonous substance formato. (Sec 3, RA 6238) NOTES: In fight means fom the momenta exterior doors ae cosod follwing embarkation ntl the some ‘doors are again opened fer dcembaron, Whore areratie | — Wharathe of Phiipine aera s of registry soc r0sity The affensemust | The offense’ ocommites | need NOT ake wwateintignt. | “piace whe in Tight Hence, the act rust ake place ‘ter all exterior doors ere dosed ‘ellowing L_ embarkation B. QUALIFYING CIRCUMSTANCES: ‘+ Fiing ypon the plot, member ofthe crew or passenger oftheir: ‘+ Has exploded or stampted to explode any bomb or explosive fo destroy he seat of + The ciime is accompanied by murder, homicide, serous physical injuries, or rape. [END OF TOPIC ‘SPECIAL PENAL LAWS 240 999299999090 eo0000e0n aanenaanananandedOoOnondNg9g0g0nN DANN SNG9a9 o000g00¢ OOROAAANANAD ATENEO CENTRAL BAR OPERATIONS 2019 ‘SPECIAL PENAL LAWS \ILLANTLPHOTO AND VIDEO VOYEURISM AGT OF "2009:(RA 9995) ‘A Definition of Terms 26, Broadeast 10 make pubic, by any means, visual image withthe rent that tbe viewed by @ person or persons. (Sec. 3/o, RA 9995) 27. Capture = wih respect loan mage, means to videotape, protograph, fm, record by any means, or broadcast. (See. 3 [ERA 9995) 28, Photo or video voyeurism ~ (@) The acto aking photo or video coverage of @ person o group of parsons performing sexu ‘ctor any similar acivy oof captuing an Image ofthe private area ofa person Persons wihout the late’ consent under ‘Greumstanees in which such persons hashave a reasonable expeciaion of privacy (by The set of seling, copying, reproducing. ‘broadeasting, sharing, showing or exiting tha photo or vdeo coverage or recordings ot such eenual act or sar acy trough \VCOYDVD,intemat, cetlr hones and simile means or devin without the writen consent of te persons valved, ven ‘onset to record or take photo or video ‘coverage of same was given by such person’ (See. 3, RA 9995) 29, Under circumstances in which a person has @ reasonable expectation of privacy means: (@) Be hat hase cou robe in privacy, \wthout being concerned that an image oF private area ofthe person was Bing capture: (©) Crcurstances in which 2 reasonable person ‘would believe that a pivate area ofthe person ‘would not be visible the publi, ogardlss of ‘nether tat pereon in a public or private place. (See. 3, RA 9995), B.Puniahable Acts Ieis hereby profited and declared unlawtl for any person: (c) To take photo or video coverage ofa person or oroup of persons performing sexual ae! or ‘2ny similar acy oro eapture an image of the private area of a person's without the consent ofthe parsons involved and under Creumstances in which the personishashave ‘reasonable expectation of pivacy, 0 copy oF reproduce, oro cause io be ‘copied orrepreduoed such pte or video oF ‘eeording of sexual actor any similar activty vith er oat consideration (6) To sall or distribute, or cause tobe sole oc Wanye foregoing als sconmitedby a pbc offcal or employee, he shall in adction te the Penates provided thereunder, lifer perpetual aqualication rom hating publ office. + When ther ie no warrant of arrestor there exist no gtound for warranties ares, there cou be no Volaion of P01820 a8 the rosa o suerte the facoused were done wihin the bounds of law (Posedas v. Ombudsman, GR No, 131492) + Aparson cannat be prosecuted for bath redetion ‘and PD829. In determining the proper charge, {he intent or moive ie a dectsve factor the act ‘of conoaalmentis commie with pica! ar soca ‘motives, thats in furtherance of rabeian, then it ‘Should be doomed to form part of the crime of rebelion Instead of being punished separately (Eno, Armin, GR. No, 92335. ‘OBSTRUCTION OF | ACCESSORY TOA ] ___sustics, CRIME Punished asa | Partof ne oral separate crime ime ‘Ottenderhere fs ‘ifender san PRINCIPAL ACCESSORY Focuses onthe prevention of the DISCOVERY ofthe Focuses on the PROSECUTION ofthe END OF TOPIC 256 D999 900090990 aAAgDNg0090N °o naafo9 QDVOA9A4 9905 sielelelelelelelelenslesenelel slolekelere neo ATENEO CENTRAL, [BAR OPERATIONS 2079 CRIMINAL LAW THX SPECIAL PROTECTION OF CHILDREN AGANST GHD ABUSE, EXPLOITATION ANO DISCRIMINATION ‘AGT(RA 7610) A. PUNISHABLE ACTS 410,CHILD PROSTITUTION & OTHER SEXUAL ABUSE (@) Chileon exploited canbe male or female, who for money, prot, ther consideration or due to ‘coercion by an ad, s made to Indulge In sexual intercourse or lascivious conduc. ‘child, under this law, is one whois “+ Below 18 years of age, oF + Over 18 butunabe 0 fly tke care of themselves Cor prolec themesives from abuse, nagec. rosy, ‘explain or discrimination — due fo piysisl or ‘mental iabity or edhion (Sec. fa RA 7610) (©) Any aduit wre ongapos in, promotes, facts, orinduces eld prosotton by. + acting as procurer a chi prostiue + inducing a cnt; + taking aavantage orintuence a relation o procure ‘ach asprostiut; ‘+ thratoning or using vilenco to engage a cil 2s prose, ‘+ giving pecuniary benefit or goods to 9 hid wath Intent to engage in prostuson Any adult who commits sowal intercourse oF Isso eondct witha child expoted: and (4) Any person uo dries profi or advantage, such asthe manager or ouner of establishment. (See 5 RA 7610) © 41. CHILD TRAFFICKING ‘Any person whe trades er deals wih chien including buying er seling of © chid for money, Darter, or ther ‘consideration, 12, ATTEMPT TO-COMMIT CHILD TRAFFICKING ‘© Wen a child travels alone to a fraign county \wihout valid reason, clearance from DSWD, oF ‘rt permit tom parents or guaran; ‘+ When a person or instiuton recats women or couple to boar eiron fr ond Waiking ‘+ Wen 2 doctr, hospital er similar heath workers or ineittons simulate firth for chi tratexng and + When a person fis chien fom low-income familes, hospitals, day-cares or child-caring inattutons to ofr for ehldwafickng 13. OBSCENE PUBLICATION AND INDECENT SHOWS (ay Any parson who Sha ‘eo, employ, use, persuade, induce or coroe 2 child to. perform in obscene exhibiions and Indecent Shows lve or in video, or model for pomographic materia; AND + cause the chia fo sll auch materials, (b) Aporson who a entrusted with the care of he eid \who causes or allows the above acts be done Shallalso be penalizes Viet [Ary person oF chia ‘ther eee whet male female ‘end | Parson wh [Any persons rs ‘recy who commis the act} NO promote, facttate in the ofthe act; or ‘Any person ‘whois entrusted withthe care ofthe child who allows such acts to be commited | Panis [ay These | Feommiied | habe ‘who. | under the acts publely | circumstance expound | ‘smenioned or | inthe Act proctaim soetines ‘contrary ‘opuie merle 2) Authors, ‘core, operators poste 3 ‘betene erat, 67ATENEO CENTRAL BAR OPERATIONS 2090, CRIMINAL LAW. 7 Wanagers, canes of eaablehmeris any | ee person who lows person to take along whim oo Sry. minor. herein deserbod to. places of indecent Sczommodebons, rescence, ot and or + Use, coo, fro orinimite 2 eno be fora ima Ining act midleman in cg Vain, or ays conduct any egal aio, (See 10, RA 781 shows COMPARE PROSECUTION FOR ACTS OF 49) Dist LASCIIOUSHESS UNDER ART. 236, RPC AND PLA rata, No. 7610, AS AMENDED pins, ia Bie] RATED | seuptre Vien] Any person | chia pee tethersox | whether mma or fens 5 |__| i emaie seca, ‘rfend | Parser who” | Perse a - | areety ra ‘4. EMPLOYMENT OF CHILDREN comes the | Insiulore + Galen below 15 cannot be employed except: on © Chidworks unde response parents om or lega'quarian where only members of etotein employer's family are employed the Provides that k does nt endanger If, exmmisso evelpmect. Cid must hove piary — oa | Sd secondary ecuzaten Panis [When t itea © hin "pe eieainment or | tale | ss commie Information through hema, thoate, a m ‘ado, TV" is extents Employment commmed | -crcuneian Contract, posse, with chs approvel |e andthe DSWD ae: ssotrape | intheaet + employer ensures protection, Ras ReaD oa ety of his ‘Vietin | Woman wna] Cra + provent child exploitation or Ronee ta” | oahe Sisermination yearseis | yoarsad + formulate and imploment mae or continuing program for taining femsle snd ail, END OF TOPIC 15, OTHER ACTS OF ABUSE. ‘ay person who shal = Commt any acts of eid abuse, cruelly or expleaton or be responsible for condiions rok otha c's cevelopment 1+ Keep in is company a minortwoive + (12) years or under, or who Is ten (10) years his junior, less related within the 4 degree + Induce, deliver, or afer @ minor to anyone prohibie by ts Act 268 an09 nm909000900 okenenawelekekeheleke! neernaaneoo QIAAAMIAO o00 anooq0o0en BOO aonnonn ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW (XX INDETERMINATE SENTENCE LAW (SLI AGT NO. 4103 |A.APPLICATION ON THE IMPOSED SENTENCE The ISL provides for 2 maximum and minimum, instead of 8 Single fixed penalty. The prisoner must be sentenced to imprisonment for a period whichis not mare than the maximum and nat lees than the minimum, The period Sotween te minimum and masimum is indeterminata in the sense ha the prisoner may be exempted tom serving ‘ai indeterminate period in whole orn pa. ‘The prisones must serve the minimum before he is eligible torpard, The law does nolimpsie tho power ofthe Chief Exacutve under the Administrative Cod. Purpose: To upif and redeem valuable human material ‘and prevent unecessary and excessive doprivaton of iberty and economic usetuiness (Poop, Duzosin, GR. No. £98892, 1939) ILLUSTRATION: - [UNDER THE REVISED PENAL CODE —] ‘Case: ins fsiraled homicide care, ha penal for which pcan mayors medium (gen that ts ony usrates hus fislomerby one degree) NO WITIGATING AND AGGRAVATING ‘CIRCUMSTANCE, Taxi Prion aye ‘erm medium Minimum form | —_ Anywhere with ta range of piston ‘orrecsonal bing (We nextiower tan risen mayor TF THERE WAS (7) MITIGATING. ‘CIRCUMSTANCE AND NO _AGGRAVATING CIRCUMSTANCE Maxine Prison mayor ‘erm the minimum period TMinimans tena | — Anythee witin The range of ‘pasen | without reference | ib any of Is pao. ‘ONE AGGRAVATING CIRCUMSTANCE Maximum Prison mayor term imposedinine | Tmaxmrum parca, ‘gare win therange ot without referance to anyet te per. iE PRIVILEGE WAITIGATING OR TWO __ MITIGATING CIRCUMSTANCES Maximum | Prisioncoreceional | term | imposeain the mecum paid Tainimam term — | —Anywner within the range of areston | ayer ‘nina term UNDER SPECIAL LAWS: Case: Ais convicted of illegal possossion of firearms punishable by 4 year and 1 day to 8 years of imprisonment Waxmamerm | Sha ol exceed 6 ars. a8 fed by a ‘Minima Yarm | Shall note eos than tho minima ‘aay as prescribed = fou NoTes: In imposing a prison sentence for an fans punished by ‘Ne RPC or SPL, the court shal sentence the accused to fan indeterminate sentence, which has a masimum and 2 minimum term basodon te ponaly actualy imposes “The medvig circumstances re considered only inthe impostien of te maximum term of the indeterminate fenlence and not o be considered in fing the minim, 8. COVERAGE ‘The Indeterminate Senlonce Law shel nt apely to the fatlowing persons 16.Sontenced io ath peal rife imprisonment: {7-Treason o canspleacy o proposal commit Weason: 1B.Mspesion of teason,—cebelion, ‘sedtton or espionage 19.Pracy 20. Habitual delinquents; 21, Escaped rom confinement, or evades sentence £22.Grantedwitrconctonal pardon bythe president, but ‘oot the terms thereof 25. Maximum tezm of imprisonment dows not exceed 1 year and 24, Sentenced to the peal of desta 269ATENEO CENTRAL ‘BAR OPERATIONS 20%0 CRIMINAL LAW 25.or suspension ony 28. Pendancy of another case 27. When application of IL wil not be favrable to the 28, Convicted win offenses punishable with relsion perpetva 28,Natto those sheady sentenced by fal judgment at ‘tha me of approval of this act, except Secon 5 (C. REASONS FOR FIXING THE MAKBUM AND MINIMUM ‘TERMS IV THE INDETERMINATE SENTENCE. “The minimum and maximum terme inthe Inéstenminete Sentence musi be fe, because they aa the basi forthe folowing: + Todetermine when a prisoners ibe for parce, itis when he has eerved the MINIMUM penaty imposed on him, and upon determination by the Board tobe for parca. ‘+ To determine the sentence t be Imposed when ‘he parced prisoner violates any ofthe condos of his parle dung the period of survellanoe. Ia such case, he may be rearrested to serve the remining unexpied porton of the, MAXIMUM + To determine untl when the prisoner Is to stay the MINIMUM, but ha ls not fe foreeleasa on the pro, ho shall conbnue to serve unl the end of The MAXIMUR term, NOTE: Ar Il, Soc 19(1 of tho 1987 Constitution which tates that "Ary death penalty already imposed shall be reduced to redusion pefpetva" does not change the periods ofthe penalty presriood by Art 248 of the RPC. ‘cept only insofar as i pohibis the impositon ofthe Gath pena and reduces It to redlusion perpelua. The ange ‘of the medum and minimum penalties. rem Unchanged. (People v. Mufoz, GR. Na. 1-98969:70, 1989) END OF TOPIC 270 ama aaDO an 5 90ny 000 raraAnco acVASO eeanoanannanonncdrnnn0onen9e0n ANF ATENEO CENTRAL, BAR OPERATIONS 2019 CRIMINAL LAW 20, PROBATION LAW {PD 868; PD 1257: R.A.10707 A.DEFINITION OF TERMS PROBATION is a disposton under which a defendant, ater corvieion and sentence, fs released subject to teandklons imposed by te court and to the supervision of 8 prebation offen. PETITIONER isa convict defendant who fs formal application for probation PROBATIONER is 2 person placed on probation. PROBATION OFFICER is a person who investigates for the court, makes 2 referral for probaten, supenises @ ‘robationer or both and performs oter related dutes 3s NOTE: Probation is not an absolute right. tis 8 mere brilege whose grant rests upon the discrotin ofthe tal {outs grant fs subject to certain terms and condone that may be imposed by the tial cour. Having the power to rant the probation, flows that he tal our also has ‘the powortnorderitsrevcaton ina proper case and uncer proper circumstances. 8. WHEN PROBATION IS APPLIED FOR ‘Mor conviction and sentencing of a defendant for a probationable penalty and upon apalicaton within the petiod of perfecting an appeal. + the defendant has perfecte the appeal rom the judgment of conviction, no” appication for probation shale entertained or grantee What i the appeal is fr correction of penalty so that ‘the person can qualily under probation? Collnares Doctrine Yes. When 2 judgment of conviction Imposing @ nan probationable penaly Is appealed or roviewod, ard such Judgment is modified. through the impositon of a probatonable penalty, the dfendant shal be alowed to ppl for probation based on the modied decision before ‘such decision becomes final. The aplication for probation based on the mactied deccion shal be fled inthe al court where the judgment of contin impating a non probatonable penalty was rendered, rin tho tral court ‘ire such case has since been reff + This provision of law was based from the Colimares cocina (Cotnaresv- People, GR. ‘No. 182748, December 13, 2011) (C. GRANT OF PROBATION, MANNER AND CONDITIONS {O:RULES ON GRANT OF PROBATION: ‘Fling of application for probation operates as a waiver ofthe ight o appeal ‘+ ite defendant has perectod an appeal, no ‘plcalion willbe grantes. + Aor having convicted and sontencod a Getendan, the vial cour may suspend the ‘execution tho sentence, and pace the defendant fn prebaton, upon appiiaton bythe defendant within the period for perfacng an sppeal + Probation may be granted whether the sentence imposes tne penalty af peisanment or fine ony +The order granting or denying probation shall not be appeatable since probation snot an absoize fight + Accessory penates are doemed suspended once probation is rane, + The comet is not immediately placed on probation. There shall bea prior invesigation by ‘he probaton offeer and a determination by the CONDITIONS IN PROBATION ‘reson himself his probation offcer designated to undertake his supervision at place spect in the order witn 72 hours from receipt of sid order, ‘+ Report to-his probation offcer at least once & ‘month st such time and place as specie by sald oor. +Other setonal condkions tat the court may require as sted in Secton 10 af PD 966. . PROBATION IS TO SE DENIED UPON FINDING OF TWECOURT THAT: (OUCT) ‘+ Probation wil Depreciate the seriousness ofthe offense commits + There fe Undue rik of commiting another crime uring the probation pero. +The offerder is in eed of Coractonal. Trea! {hat can be provided eectvey by his commen to aniston. DISQUALIFIED OFFENDERS ‘The benefits of the Decree shall not be extended to those: (W-SPPADE) Sentenced to sere @ Maximum term of impreonmentofmore than 6 years ‘+ Convieiod of Subversion or any erme against he atonal secury + Breviously convicted by final judgment of an offense pushed by imprsonmont of more than 8 months and 1 day anor fe more tha P1000ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW. > Once placed on Bobaton + Already serving sentence atthe time the Decree became applicable + Those who have appealed or were convicted of [Brug taticking or drug pushing and + Comicted of Election offenses under the Omnibus Election Code. F. PERIOD OF PROBATION TeRVOF | BURATION IMPRISONMEN 5 Parallyfor aime is | “Probation shat rot more then not exceed year 2 years Penaly fer came | Probation Is more tan 1 Shall not ear exeeed 6 When poratyisa | Probation sha fine ony ane be ties the total aitenderis made | -momber ef aye toseresubsiday | ofsubsidary imprisonment Impesonment 6G. ARREST OF PROBATIONER; SUBSEQUENT DisPosmon ‘any tine during probation, the court may issue a warrant forthe rrestotaprobalone for any svi violation ofthe conditions of probation. ‘The probationer, once rested and detained, shall Immediately be brought before the court for nearing, which maybe informal and summary, ofthe violation charged. The eocused may be permtiedbal If violtion is ‘slablished, the court may: ‘= Rvoke his probation, and thus make him serve the sentence originally imposed, or + Continue his probation and modiyts conditions NOTE: The cour order sl not be evbect o appeal HH. WHO ARE DISQUALIFIED FOR PROBATION UNDER. SPECIAL LAWS COMPREHENSIVE DANGEROUS DRUGS ACT (RA 9165) ‘Sec. 24 - Any person convieted for drug trafficking or pushing under this Act, rogardloss ‘of tho penalty imposed by the Cour, cannot avail, ‘ofthe privilege granted by the Probation Law. ‘NOTE: Dierence of Praballon Law and ihe Indetemnats ‘Sentence Law (SL) Probation a Ist When ‘ier fer) Imposed | conviction | conviction and sentence | — and ‘ifecion | — Waived a ‘Appeal | exceptwhen ‘ppeaing 3 decision that imposes a probitionabie penalty ‘pplication | Aeplid by | Autamate ‘te pan the ceterdant | court when within the | ‘appt period of ion ot | Suspension | ™POsHon ‘ton ot | Susp a thecout | of execution | s penalty of te | eanme sextence and | within the place ange etendanton | imposed by probation law |LTERMINATION OF PROBATION Effects — 22, Case ie deemed terminated 33. Resteralon of lc eights lost or suspended 14: ally clcharges laity for any fine Imposed Noe: Probation isnot coterminous with the period, There ‘mast be an ORDER issuod by court discharging the probationer, only ffom issuance can the ease of Drobatone: be deemed terminate. (Bala. Martine, G.R ‘No, L-67301, anuary 29,1990) 212 aDO sO noonocoopnanoaaAANgoNDA ICI CII OIG TO)