CRIMES AGAINST NATIONAL SECURITY
AND THE LAWS OF NATION WHAT ARE THE ACTS OF TREASON?
Crimes against National Security
• Treason (114)
• Conspiracy and proposal to commit
treason (115)
• Misprision of treason (116)
• Espionage (117)
Crimes against the Law of Nation
• Inciting to war and giving motives for
reprisal (118)
• Violation of neutrality (119)
• Correspondence with hostile country
(120)
• Flight to enemy country (121)
• Piracy in general and mutiny on the
high seas or in Philippine waters (122)
Crimes against national security and laws of
nation are those crimes which poses a great
threat or imminent danger to the security and
laws of the nation.
WHAT IS TREASON?
Treason is a breach of allegiance to a
government, committed by a person who owes
allegiance to it.
WHAT IS THE NATURE OF THE CRIME OF
TREASON?
Treason is of such a nature that it may be
committed by one single act, by a series of
acts, or by several series thereof, not only in a
single time, but in different times, it being a
continuous crime.
WHAT ARE THE ELEMENTS OF TREASON?
1. That the offender is a Filipino citizen or an
alien residing in the Philippines;
2. That there is a war in which the Philippines
is involved;
3. That the offender either levies war against
the government or adheres to the
enemies, giving them aid or comfort.
CAN
CIRCUMSTANTIAL EVIDENCE OR BY THE
Acts of treason include levying war against the
government and adhering to the enemies of
the Philippines by giving them aid and comfort.
WHO CAN BE LIABLE FOR TREASON?
Both Filipino citizens and aliens can be liable
for treason; for Filipino citizens, because they
owe permanent allegiance to the Philippines as
such. For aliens, because of their presence
here, they owe temporary allegiance to this
country.
WHAT KIND OF ALLEGIANCE DO FILIPINO
CITIZENS OWE THEIR COUNTRY?
Absolute and permanent allegiance, which
consists in the obligation of fidelity and
obedience to his government or sovereign.
WHAT IS ALLEGIANCE?
Allegiance has been defined as the obligation
for fidelity and obedience which the individual
owes to his government or to his sovereign in
return for the protection which he receives.
WHAT ARE THE WAYS TO PROVE
TREASON IN ORDER TO CONVICT A
PERSON OF SUCH CRIME?
A person may be convicted of treason on any
of the following evidence only:
1. Testimony of two witnesses to the same
overt act; or
2. Confession of the accused in open court.
WHAT IS A TWO-WITNESS RULE?
It is that no person shall be convicted of
treason unless on the testimony of two
witnesses to the same overt act. If the overt act
is separable, two witnesses must also testify to
each part of the overt act for conviction.
TREASON BE PROVED BY
to the enemies and to give them aid or comfort,
EXTRAJUDICIAL CONFESSION OF THE
ACCUSED?
No. The RPC as well as the Rules of Court do
not authorize the conviction of a person
accused of treason if the evidence against him
is circumstancial, however strong or convincing
it may be, or is only an extrajudicial confession.
WHAT IS THE EXTENT OF AID OR
COMFORT REQUIRED TO CONSIDER THE
OFFENSE AS TREASON?
As a general rule, to be treasonous, the extent
of the aid and comfort given to the enemies
must be to render assistance to them as
enemies and not merely as individuals and, in
addition, be directly in furtherance of the
enemies' hostile design.
WHAT ARE THE AGGRAVATING
CIRCUMSTANCES IN TREASON?
Cruelty and ignominy are the aggravating
circumstances in treason.
WHAT ARE THE PENALTIES IMPOSED BY
THE RPC IN CRIMES OF TREASON?
1. To a Filipino citizen, reclusion perpetua
and a fine not to exceed P100,000.
2. To a resident alien, reclusion temporal and
a fine not to exceed P100,000.
HOW ARE THE CRIMES OF CONSPIRACY
AND PROPOSAL TO COMMIT TREASON
COMMITTED?
Conspiracy to commit treason is committed
when in time of war, two or more persons
come to an agreement to levy war against the
Government or to adhere to the enemies and
to give them aid or comfort, and decide to
commit it.
Proposal to commit treason is committed when
in time of war a person who has decided to
levy war against the Government or to adhere
proposes its execution to some other person or
persons.
HOW IS CONSPIRACY AND PROPOSAL TO
COMMIT TREASON PENALIZED?
Conspiracy is penalized by prision mayor and a
fine not exceeding P10,000, while proposal to
commit treason is penalized by prision
correccional and a fine not exceeding P5,000.
WHAT IS MISPRISION OF TREASON?
It is the failure of a citizen to report as soon as
possible a conspiracy, which comes to his
knowledge, against the government. But there
must be a war in which the Philippines is
involved. The offender shall be punished as an
accessory to the crime of treason.
DISTINGUISH TREASON FROM
ESPIONAGE?
Treason is committed only in time of war, while
espionage may be committed both in time of
peace and in time of war. Treason is limited in
two ways of committing the crime: levying war,
and adhering to the enemy giving him aid or
comfort; while espionage may be committed in
many ways.
WHAT IS ESPIONAGE?
It is an offense of gathering, transmitting, or
losing information respecting the national
defense with intent or reason to believe that
the information is to be used to the injury of the
Republic of the Philippines or to the advantage
of any foreign nation.
WHAT IS PIRACY?
It is robbery or forcible depredation on the high
seas, without lawful authority and done with
animo furandi and in the spirit and intention of
universal hostility.
WHAT ARE THE ELEMENTS OF PIRACY?
1. That a vessel is on the high seas or in
Philippine waters;
2. That the offenders are not members of its
complement or passengers of the vessel;
3. That the offenders attach or seize that
vessel, or seize the whole or part of the
cargo of said vessel, its equipments or
personal belongings of its complement or
passengers.
WHAT IS MUTINY?
Is the unlawful resistance to a superior officer,
or the raising of commotions and disturbances
on board a ship against the authority of its
commander.
DISTINGUISH PIRACY AND MUTINY?
In piracy, the persons who attack the vessel or
seize its cargo are strangers to said vessels;
while in mutiny, they are members of the crew
or passengers.
While the intent to gain is essential in the crime
of piracy, in mutiny, the offenders may only
intend to ignore the ship's officers or they may
be prompted by a desire to commit plunder.
WHAT ARE THE CIRCUMSTANCES WHICH
QUALIFY PIRACY?
1. Whenever the offenders have seized the
vessel by boarding or firing upon the
same;
2. Whenever the pirates have abandoned
their victims without means of saving
themselves;
3. Whenever the crime is accompanied by
murder, homicide, physical injuries, or
rape.
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
• Arbitrary detention (124)
• Delay in the delivery of detained A peace officer must have a warrant of arrest
persons to the proper judicial properly issued by the court in order to justify A private individual who makes a lawful arrest
authorities (125) an arrest. If there is no such warrant of arrest, must also comply with the requirements
• Delaying release (126) the arrest of a person by a public officer may prescribed in Art. 125. If he fails to do so, he
• Expulsion (127) constitute arbitrary detention. shall be guilty of illegal detention (Art. 267 or
• Violation of domicile (128) 268), not arbitrary detention.
• Search warrants maliciously obtained WHAT ARE THE CIRCUMSTANCES WHEN
and abuse in the service of those ARREST WITHOUT WARRANT BECOMES COMPARE ARBITRARY DETENTION WITH
legally obtained (129) LAWFUL? UNLAWFUL ARREST?
• Searching domicile without witnesses
(130) A peace officer or a private person may, Arbitrary detention is committed by a public
• Prohibition, interruption and without a warrant, arrest a person: officer authorized to arrest and detain a person
dissolution of peaceful meetings (131) but he does so without lawful cause. While
• Interruption of religious worship (132) 1. When, in his presence, the person to be unlawful arrest is by either private individual or
arrested has committed, is actually public officer who feigned to arrest a person
Crimes against the fundamental laws of the committing, or is attempting to commit an without any legal cause, the purpose is to bring
state are offenses which violates certain offense (inflagrante delicto); him to authority and file a charge.
provisions of the bill of rights. 2. When he has probable cause to believe
based on personal knowledge of facts and WHAT ARE THE CRIMES KNOWN AS
WHAT ARE THE ELEMENTS OF ARBITRARY circumstances that the person to be VIOLATION OF DOMICILE?
DETENTION? arrested has committed the offense
(probable cause); and 1. Violation of domicile by entering a dwelling
1. That the offender is a public officer or 3. When the person to be arrested is a against the will of the owner thereof or
employee; prisoner who has escaped from a penal making search without previous consent of
2. That he detains a person; establishment (escaped prisoner). the owner (Art. 128);
3. That the detention is without legal 2. Search warrants maliciously obtained and
grounds. WHAT ARE THE ELEMENTS OF DELAY IN abuse in the service of those legally
THE DELIVERY OF DETAINED PERSONS obtained (Art. 129);
WHAT ARE THE LEGAL GROUNDS FOR TO THE PROPER JUDICIAL AUTHORITIES? 3. Searching domicile without witnesses (Art.
THE DETENTION OF ANY PERSON? 130).
1. That the offender is a public officer or
1. The commission of a crime; employee; HOW IS VIOLATION OF DOMICILE
2. Violent insanity or any other ailment 2. That he has detained a person for some COMMITTED AND BY WHOM?
requiring the compulsory confinement of legal ground;
the patient in a hospital. 3. That he fails to deliver such person to the This crime may be committed by a public
proper judicial authorities within: officer authorized to implement a search
WHEN DOES DETENTION BECOME warrant or warrant of arrest but at the time of
ARBITRARY? a. 12 hours for crimes or offenses the incident he is not authorized to do so by
punishable by light penalties, or their judicial order. In other words, he is not armed
The detention becomes arbitrary only when the equivalent; with a warrant. When the entry is done
time required for the delivery of prisoner to the b. 18 hours for crimes or offenses surreptitiously, and the owner ordered the
judicial authority lapses. The RPC punishable by correctional penalties, public officer to leave, refusal to leave would
contemplates that there was a legal cause for or their equivalent; amount to violation of domicile.
arresting but without a warrant of arrest. c. 36 hours for crimes or offenses
punishable by afflictive or capital WHAT IS PROBABLE CAUSE?
WHAT IS THE USUAL CAUSE OF penalties, or their equivalent.
ARBITRARY DETENTION? Probable cause can be defined as such facts
WHAT WOULD BE THE OFFENSE IF THE and circumstances which could lead a
OFFENDER IS A PRIVATE PERSON? reasonable discreet and prudent man to
believe that an offense has been committed
and that the object sought in connection with
the offense are in the place sought to be
searched.
WHAT ARE THE CRIMES AGAINST
RELIGIOUS WORSHIP?
1. Interruption of religious worship (Art. 132);
and
2. Offending the religious feelings (Art. 133).
CRIMES AGAINST PUBLIC ORDER
• Rebellion, insurrection, coup d’etat,
sedition (134-142)
• Crimes against legislative bodies and
similar bodies (143-145)
• Illegal assemblies and associations
(146-147)
• Direct/Indirect assault, resistance and
disobedience (148-152)
• Public disorders – tumults, alarms and
scandals, delivery of prisoners (153-
156)
• Quasi-recidivism (160)
Crimes against public order are those acts
which causes public disorder and disturbance
of the peace of the public in general.
IS REBELLION A CRIME AGAINST
NATIONAL SECURITY?
No. Rebellion is included in crimes against
public order. As such, it is not among the
exceptions to the territoriality rule under Art. 2
of the RPC. Hence, rebellion planned and
carried out outside of the Philippines is not
within this jurisdiction.
HOW IS THE CRIME OF REBELLION
COMMITTED?
The crime of rebellion is committed by rising
publicly and taking up arms against the
government for any of the purposes specified
in Art. 134 which are political in nature.
WHAT IS THE NATURE OF THE CRIME OF
REBELLION?
Rebellion is a continuing crime hence rebels
can be arrested at anytime without a warrant.
DISTINGUISH REBELLION FROM
TREASON?
1. Treason is a crime against national
security; while rebellion is a crime against
public order.
2. Treason and rebellion both constitutes
levying war against the government,
however, treason is committed only in
times of war; while rebellion during peace
time.
3. Rebellion always involve taking up arms
against the government; treason may be
committed by mere adherence to the
enemy by giving them aid or comfort.
DISTINGUISH REBELLION FROM COUP
D'ETAT?
1. In rebellion, the essence of the crime is
rising publicly and taking up arms against
the government, while in coup the essence
of the crime is a swift attack against the
government, its military camps,
communication networks and public
facilities and utilities essential to the
continued exercise of the governmental
powers.
2. Rebellion involves a multitude of people
and does not require as a principal
offender a member of the AFP, PNP or a
public officer, and the objective is to
overthrow the government and establish
their own; while, coup may be committed
singly or collectively and requires that the
principal offender a member of the AFP,
PNP or a public officer and its objective is
to destabilize or immobilize or paralyze the
existing government.
DISTINGUISH REBELLION FOR
SUBVERSION?
Subversion, like treason, is crime against
national security; while rebellion is a crime
against public order.
DISTINGUISH REBELLION FROM
SEDITION?
In rebellion, the purpose is political, to
overthrow the duly constituted government.
While in sedition, the purpose may be political
or social for carrying out protest or
disobedience from a governmental action. The
act may be against a social class.
DISTINGUISH SEDITION FROM TREASON?
Treason, in its more general sense, is the
violation by a subject of his allegiance to his
sovereign or to the supreme authority of the
State; while sedition, in its more general sense,
is the raising of commotions or disturbances in
the State.
CAN WEARING TSHIRTS PRINTED WITH
ANTI-GOVERNMENT INVECTIVES AMOUNT
TO INCITING TO SEDITION?
No. Such act is insufficient to charge a person
with inciting to sedition.
WHAT IS THE GRAVAMEN OF THE
OFFENSE OF ILLEGAL ASSEMBLY?
The gravamen of the offense is the mere
gathering for unlawful purpose which must
relate to a crime under the RPC. If the offense
is punishable under special law, the offense of
illegal assembly is not committed.
HOW IS DIRECT ASSAULT COMMITTED?
1. Without public uprising, by employing
force or intimidation for the attainment of
any of the purposes enumerated in
defining the crimes of rebellion and
sedition;
2. Without public uprising, by attacking, by
employing force, or by seriously
intimidating or seriously resisting any
person in authority or any of his agents,
while engaged in the performance of
official duties, or on the occasion of such
performance.
WHAT IS THE RATIONALE FOR
PENALIZING DIRECT ASSAULT?
Direct assault is a crime manifesting the spirit
of lawlessness displayed in the commission of
the act indicative of offender's utter
lawlessness or spirit against the rule of law.
This is shown by accused in offending, injuring,
or assaulting a person in authority or an agent
of a person in authority who are the visible
representations of the law.
WHO IS A PERSON IN AUTHORITY?
Any person directly vested with jurisdiction,
whether as an individual or as a member of
some court or governmental corporation,
board, or commission, shall be deemed a
person in authority. A barangay captain and a
barangay chairman shall also be deemed a
person in authority. By "directly vested with
jurisdiction" is meant "the power or authority to
govern and execute the laws."
The following are persons in authority:
1. The municipal mayor
2. Division superintendent of schools
3. Public and private school teachers
4. Teacher-nurse
5. President of sanitary division
6. Provincial fiscal
7. Justice of the Peace
8. Municipal councilor
9. Barrio captain and barangay chairman
WHEN THE OFFENDED IS A CIVILIAN WHO
AIDS A PERSON IN AUTHORITY OR HIS
AGENT, WHAT CRIME OR CRIMES ARE
COMMITTED?
When the civilian comes to the aid of a person
in authority or his agent, he himself becomes
an agent of a person in authority.
Consequently, the assault on him constitutes
the crime of indirect assault under Art. 149.
WHAT ARE THE CRIMES CLASSIFIED
UNDER PUBLIC DISORDERS?
1. Tumults and other disturbances of public
order (153);
2. Unlawful use of means of publication and
unlawful utterances (154);
3. Alarms and scandals (155);
4. Delivering prisoners from jails (156).
WHAT ACTS ARE PUNISHED AS ALARMS
AND SCANDALS?
1. Discharging any firearm, rocket,
firecracker, other explosive within any
town, or public place, calculated to cause
alarm or danger;
2. Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility;
3. Disturbing the public peace while
wandering about at night or while engaged
in any other nocturnal amusements;
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided Art. 153 is not
applicable.
WHAT IS CHARIVARI?
Charivari is a mock serenade where the
offender actually disturbs the peace by using
tins, cans, pans, horns, etc. This brings about
the crime of alarms and scandals. This is
equivalent to breach of the peace in municipal
ordinances.
CREATING NOISE AND ANNOYANCE MAY
BRING ABOUT WHAT OFFENSES?
Alarms and scandals, by disturbing the public
in general by playing noisily, for example,
during midnight in the neighborhood; and
unjust vexation, if the noise is directed to a
particular person or family.
WHAT ARE THE THREE KINDS OF EVASION
OF SERVICE OF SENTENCE?
1. Escaping during the term of his sentence
(Art. 157);
2. On the occasion of disorders (Art. 158);
3. Violating the conditions of conditional
pardon (Art. 159).
WHAT ARE THE ELEMENTS OF EVASION
OF SERVICE OF SENTENCE UNDER ART.
157?
1. That the offender is a convict by final
judgment;
2. That he is serving his sentence which
consists in deprivation of liberty;
3. That he evades the service of his
sentence by escaping during the term of
his sentence.
WHAT ARE THE CIRCUMSTANCES WHICH
QUALIFY THE OFFENSE UNDER ART. 157?
If such evasion or escape takes place --
1. By means of unlawful entry;
2. By breaking doors, windows, gates, walls,
roofs or floors;
3. By using picklocks, false keys, disguise,
deceit, violence, or intimidation; or
4. Through connivance with other convicts or
employees of the penal institution.
WHAT ARE THE ELEMENTS OF EVASION
OF SERVICE OF SENTENCE UNDER ART.
158?
1. That the offender is a convict by final
judgment, who is confined in a penal
institution;
2. That there is disorder resulting from
conflagration, earthquake, explosion,
similar catastrophe, or mutiny in which he
has not participated.
3. That the offender evades the service of his
sentence by leaving the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny;
4. That the offender fails to give himself up to
the authorities within 48 hours following
the issuance of a proclamation by the
Chief Executive announcing the passing
away of such calamity.
WHY IS VIOLATION OF PARDON AN
EVASION OF SENTENCE?
It is evasion of sentence because when the
prisoner accepted the condition, no matter how
onerous, he must respect the condition.
Otherwise, he is deemed to have accepted the
conditional pardon only to get out of prison or
be relieved of the penalty. Further, conditional
pardon is extended on the basis of good
conduct in prison, thus if he violates the
condition of his pardon, it shows that he is not
after all a reformed convict.
WHAT IS THE NATURE OF CONDITIONAL
PARDON?
A conditional pardon is a contract between the
Chief Executive, who grants the pardon, and
the convict, who accepts it. Since it is a
contract, the pardoned convict is bound to fulfill
its conditions and accept all its consequences,
not as he chooses, but according to its strict
terms.
IS VIOLATION OF CONDITIONAL PARDON A
SUBSTANTIVE OFFENSE?
Violation of conditional pardon is not a
substantive offense, because the penalty
imposed for such violation is the unexpired
portion of the punishment in the original
sentence.
IS QUASI-RECIDIVISM A FELONY?
It is not a crime but a special aggravating
circumstance where a person, after having
been convicted by final judgment, shall commit
a new felony before beginning to serve such
sentence, or while serving the same. This
circumstance must be alleged in the
information to be considered. Moreover, it will
apply only if the offender has been convicted
by final judgment and he commits a crime
thereafter.
DISTINGUISH QUASI-RECIDIVISM FROM
REITERACION?
The aggravating circumstance of reiteracion
requires that the offender against whom it is
considered shall have served out his
sentences for the prior offenses. While the
special aggravating circumstance of quasi-
recidivism requires that the offender, after
having been convicted by final judgment, shall
commit a new felony before beginning to serve
such sentence, or while serving the same.
CRIMES AGAINST PUBLIC INTEREST
• Counterfeiting
• Forgery
• Mutilation of coins (164)
• Falsification of legislative documents
(170)
• Falsification of public officers,
employee or notary (171)
• Falsification of private individuals (172)
• Usurpation of authority or official
functions (177)
• Using fictitious name and concealing
true name (178)
• Illegal use of uniform or insignia (179)
• False testimonies (180-184)
• Machinations in public auction (185)
• Monopolies and combinations in
restraint of trade, unfair competition
(186-189)
Crimes against public interests are those which
involves acts that causes danger or injury to
the interests of the public such as legal
tenders, documents whether public, official,
private or commercial, as the case may be.
WHAT ARE THE CRIMES CALLED
FORGERIES?
1. Forging the seal of the government,
signature and stamp of the Chief of
Executive (161)
2. Counterfeiting coins (163)
3. Mutilation of coins (164)
4. Forging treasury or bank notes or other
documents payable to bearer (166)
5. Counterfeiting instruments not payable to
the bearer (167)
6. Falsification of legislative documents (170)
7. Falsification of public officer, employee or
notary of ecclesiastical minister (171)
8. Falsification by private individuals (172)
9. Falsification of wireless, cable, telegraph
and telephone messages (173)
10. Falsification of medical certificates,
certificates of merit or service (174)
WHEN IS COUNTERFEITING NOT A representation is sufficient to bring about
FORGERY?
The subject of forgery should be treasury or
bank notes. If the subject of forgery were a
document other than these, the crime would be
falsification.
HOW IS COUNTERFEITING, FORGING AND
FALSIFICATION COMMITTED?
Counterfeiting is committed by means of
imitating the peculiar design of the legal or
genuine coin of the currency of the Philippines
or of any foreign country. Forgery is committed
by giving a treasury or bank note or any
instrument payable to bearer or to order the
appearance of a true and genuine document;
and falsification is committed by erasing,
substituting, counterfeiting, or altering by any
means, the figures, letters, words or signs
contained therein.
DISTINGUISH COUNTERFEITING OF COINS
FROM MUTILATION OF COINS?
Counterfeiting of coins is committed by means
of imitating the peculiar design of a legal or
genuine coin; while mutilation of coins is
committed by means of taking off part of the
metal either by filing it or substituting it for
another metal of inferior quality. There is
counterfeiting when a spurious coin is made;
while there is mutilation if the intrinsic value of
the coin diminishes.
IS MERE POSSESSION OF FALSE
TREASURY OR BANK NOTES ALONE A
CRIMINAL OFFENSE?
No. Possession of false treasury or bank notes
alone is not a criminal offense. For it to
constitute an offense under Art. 168 of the
Penal Code, the possession must be with
intent to use said false treasury or bank notes.
Hence, it follows that an information alleging
possession of false treasury and bank notes
without alleging intent to use the same but only
intent to possess them, charges no offense.
HOW IS FORGERY COMMITTED?
Forgery includes acts of counterfeiting or
forging treasury or bank notes or other
documents payable to bearer or to order, and
acts of falsification.
DISTINGUISH FORGERY FROM
FALSIFICATION?
Forgery refers to the falsification and
counterfeiting of treasury or bank notes or any
instruments payable to bearer or to order; while
falsification is the commission of any of the
eight acts mentioned in Art. 171 on legislative,
public or official, commercial, or private
documents, or wireless, or telegraph
messages.
WHAT ARE THE DIFFERENT MODES OF
FALSIFYING A DOCUMENT?
1. Counterfeiting or imitating any handwriting,
signature or rubric;
2. Causing it to appear that persons have
participated in an act or a proceeding;
3. Attributing to persons who have
participated in any act or proceeding
statements other than those in fact made
by them;
4. Making untruthful statements in a narration
of facts;
5. Altering true dates;
6. Making alteration or intercalation in a
genuine document which changes its
meaning.
7. Issuing in authenticated form a document
purporting to be a copy of an original
document when no such original exists, or
including in such a copy a statement
contrary to, or different from, that of the
genuine original.
8. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry, or official book.
WHAT IS PENALIZED IN FALSIFICATION OF
PUBLIC DOCUMENT?
In the crime of falsification of public document,
what is punished is the violation of the faith or
trust of the public and the destruction of the
truth as therein solemnly proclaimed. The
revocation of a falsified document is immaterial
to the guilt of the one charged with falsification.
Consequently, damage or intent to cause
damage is immaterial.
CAN FALSIFICATION BE COMMITTED
THROUGH CULPA?
There is no falsification of private document by
culpa because of the element of intent to cause
damage.
IS GOOD FAITH A DEFENSE IN
FALSIFICATION?
Yes. There is no falsification of a public
document if the acts of the accused are
consistent with good faith. Misstatements or
erroneous assertion in a public document will
not give rise to falsification as long as he acted
in good faith and no one was prejudiced by the
alteration or error.
DISTINGUISH ART. 171 FROM ART. 172?
In Art. 171, the offender is a public officer,
employee or notary public, while in Art. 172,
the offender includes a private individual. In
Art. 171, the document falsified is any
document and damage is not an element but
the erosion of public faith in the documents.
While in Art. 172, the document falsified is
classified into public, official, and commercial
on the one hand and private on the other; and
damage is an element in the case of
falsification of private document and in the use
of falsified document not in judicial
proceedings.
WHAT ARE THE FORMS OF USURPATION
UNDER ART. 177?
Usurpation of public authority where mere false
criminal liability; and usurpation of function
which is committed when a person performs
functions pertaining to public officer under false
pretense of public authority.
WHEN CAN A RESIDENT FILIPINO CITIZEN
USE AN ALIAS LEGALLY?
1. As pseudonym solely for literary, cinema,
television, radio or other entertainment
purposes and in athletic events;
2. Any name other than an original or real
name duly recorded in the proper local
civil registry; and
3. Such substitute name as may have been
authorized by a competent court.
WHERE IS PERJURY COMMITTED?
Perjury is committed in testifying in cases
excluding testimony given in open court for this
is penalized as false testimony under Arts. 180
to 182. Perjury is committed, for instance, in
testimonies under oath given during
administrative proceedings, Congressional
hearings, and the like and in sworn statements
required by law such Statements of Assets and
Liabilities submitted by public officials and
employees.
WILL THE MERE ASSERTION OF
FALSEHOOD CONSTITUTE PERJURY?
No. Mere assertion of falsehood is not enough
to amount to perjury. The assertion must be
deliberate and willful.
WHAT IS THE NATURE OF PERJURY AS A
FELONY AND HOW SHOULD IT BE
TREATED?
Perjury is the willful and corrupt assertion of a
falsehood under oath or affirmation
administered by authority of law on a material
matter. The felony is consummated when the
false statement is made.
WHAT ARE THE TWO ESSENTIAL
ELEMENTS OF PROOF OF PERJURY?
There are two essential elements of proof of
perjury, to wit: 1) The statement made by the
defendants must be proven false; and 2) It
must be proven that the defendant did not
believe those statements to be true.
WHAT ARE THE CRIMES PUNISHABLE
UNDER R.A. NO. 8293 (INTELLECTUAL
PROPERTY CODE OF THE PHILIPPINES)?
The crimes punishable under R.A. No. 8293
are Infringement, Unfair Competition, and
False designation of origin and false
description or representation.
WHO HAS THE RIGHT TO BE PROTECTED
AGAINST UNFAIR COMPETITION?
Any person who has identified in the mind of
the public the goods he manufactures or deals
in, his business or services from those of
others, whether or not a registered mark is
employed, has a property right in the goodwill
of the said goods, business or service so
identified, which will be protected in the same
manner as other property rights.
CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS
***Arts. 190-194 (Repealed by R.A. No. 6425
as amended by R.A. No. 7659 and further
amended by R.A. 9165)
R.A. NO. 9165 - "Comprehensive Dangerous
Drugs Act of 2002"
WHAT IS THE NATURE OF VIOLATIONS OF
DANGEROUS DRUGS LAW?
The act of transporting a prohibited drug is
malum prohibitum because it is punished as an
offense under a special law. It is wrong
because it is prohibited by law. Without the law
punishing the act, it cannot be considered
wrong. As such, the mere commission of said
act is what constitutes the offense punished
and suffices to validly charge and convict an
individual caught committing the act so
punished regardless of criminal intent.
WHAT ARE THE ACTIONS TO BE TAKEN
AGAINST A DRUG USER?
For the first offense, he shall be imposed a
penalty of a minimum of 6 months rehabilitation
in a government center; for the second
apprehension, he shall suffer the penalty of
imprisonment ranging from 6 years and 1 day
to 12 years and a fine of from Php50,000.00 to
Php200,000.00.
WILL THE INDETERMINATE SENTENCE
LAW APPLY TO DRUG VIOLATIONS?
Yes, since drug offenses are not included in
the exceptions to the Indeterminate Sentence
Law, as long as the penalty to be imposed
does not involve reclusion perpetua, life
imprisonment or death and provided that the
maximum penalty as ultimately resolved will
exceed one year imprisonment.
CRIMES AGAINST PUBLIC MORALS
• Gambling (195)
• Importation, sale and possession of
lottery tickets or advertisements (196)
• Betting in sport contests (197)
• Illegal betting on horse races (198)
• Illegal cockfighting (199)
• Grave scandal (200)
• Immoral doctrines, obscene
publications and exhibitions (201)
• Vagrancy and prostitution (202)
Crimes against public morals involves those
acts that are contrary to morals, which if done
are punishable by the law.
R.A. NO. 9287 – Increasing the Penalties for
Illegal Number Games, Amending Certain
Provisions of P.D. 1602
WHAT FORMS OF GAMBLING ARE
PROHIBITED BY R.A. 9287?
Illegal numbers game, jueteng, masiao, and
last two are the forms of gambling which are
prohibited by R.A. 9287.
WHO ARE THE PERSONS LIABLE?
The persons who are liable under R.A. 9287
are the bettor; personnel or staff of operator;
one who allows his vehicle, house, building,
land to be used in the gambling operation;
collector or agent; coordinator, controller or
supervisor; maintainer, manager or operator;
financier or capitalist; protector or coddler;
parents, guardians or any person exercising
moral ascendancy or authority over a minor,
ward or incapacitated person who induces or
causes to commit any of the offenses under
the law.
WHAT IS GRAVE SCANDAL?
Grave scandal is any highly scandalous act
offensive to morals and good customs
committed publicly or within the knowledge and
view of the public. The offense must be
directed to the sense of decency or good
customs and not on property such as
scattering human feces on buildings.
WHO ARE VAGRANTS?
Vagrants are those who loiter around public or
private places without any visible means of
support but who are physically able to work
and do not apply themselves to some lawful
calling. Vagrants include able-bodied beggars,
ruffians and pimps who habitually associate
themselves with prostitutes.
WHAT IS PROSTITUTION?
It is any lascivious or lewd act habitually done
for profit by a woman. Its elements are: 1) The
offender is a woman; 2) She habitually
indulges in sexual intercourse or lascivious
conduct; and 3) She does so for money or
profit.
CRIMES COMMITTED BY PUBLIC
OFFICERS
• Malfeasance and misfeasance (204-209)
• Bribery and Corruption of Public
Officers (210-212)
• Frauds and Illegal Exactions and
Transactions (216)
• Malversation of Public Funds and
Property (217-222)
• Infidelity in the Custody of Prisoners
(223-225)
• Infidelity in the Custody of Documents
(226-228)
• Revelation of Secrets (229-230)
• Disobedience, refusal of assistance
and maltreatment of prisoners (231-23)
• Other offenses or irregularities by
public officers (236-244)
• Abuses against chastity (245)
Generally, crimes committed by public officers,
involves those illegal or unlawful acts
committed by public officers in the performance
of their duties and are punishable by law.
DEFINE MALFEASANCE, MISFEASANCE,
AND NONFEASANCE?
Malfeasance is the performance of some act
which ought not to be done. Misfeasance is
the improper performance of some act which
might lawfully be done. Nonfeasance is the
omission of some act which ought to be
performed.
WHAT ARE THE CRIMES CLASSIFIED
UNDER MALFEASANCE AND
MISFEASANCE IN OFFICE?
1. Knowingly rendering unjust judgment -
misfeasance (204)
2. Rendering judgment through negligence -
misfeasance (205)
3. Rendering unjust interlocutory order -
misfeasance (206)
4. Malicious delay in the administration of
justice - misfeasance (207)
5. Dereliction of duty in prosecution of
offenses - nonfeasance (208)
6. Betrayal of trust by an attorney or solicitor
(209)
7. Direct bribery - malfeasance (210)
8. Indirect bribery - malfeasance (211)
WHAT IS BRIBERY?
Bribery is a crime of the public officer who
receives gift, present, offer or promise by
reason or in connection with the performance
of his official duties.
WHAT ARE THE ACTS PUNISHABLE IN
DIRECT BRIBERY?
A public officer commits direct bribery:
1. By agreeing to perform, or by performing,
in consideration of any offer, promise, gift
or present, an act constituting a crime, in
connection with the performance of his
official duties;
2. By accepting a gift in consideration of the
execution of an act which does not
constitute a crime, in connection with the
performance of his official duty;
3. By agreeing to refrain, or by refraining,
from doing something which it is his official
duty to do, in consideration of gift or
promise.
WHAT ARE THE ELEMENTS OF BRIBERY?
1. The offender is a public officer;
2. That the offender accepts an offer or a
promise or receives a gift by himself or
through another;
3. That such offer or promise be accepted by
the public officer;
4. That the act which the offender agrees to
perform be connected with the
performance of his official duties.
WHAT ARE THE KINDS OF BRIBERY?
1. Direct bribery, where the public officer will
do an act which may or may not constitute
a crime, or refrain from doing what he
should do in consideration of what he will
receive.
2. Indirect bribery, where the public officer
does not have to do anything in
consideration of what he receives. The gift
is given to him by reason of his office
without more.
3. Qualified bribery - where a law
enforcement officer refrains from arresting
or prosecuting an offender who commits an
offense penalized with reclusion perpetua
and/or death.
WHAT ARE THE DISTINCTIONS BETWEEN
DIRECT AND INDIRECT BRIBERY?
In direct bribery, the public officer must do or
omit the doing of something in consideration of
a gift. In indirect bribery, there is no such
requirement. Mere agreement consummates
the crime of direct bribery if the act agreed
upon amounts to a crime. In indirect bribery,
the public officer must accept the gift to
consummate the crime of indirect bribery.
WHEN THE OFFICER REFUSED TO BE
CORRUPTED, WHAT IS COMMITTED?
It is attempted corruption of a public official.
There is no frustrated corruption and frustrated
bribery because these crimes involve
concurrence of the will of the corruptor and the
public officer. Hence, once they agreed, the
crime is immediately consummated. If the
public officer refused to be corrupted, the
corruption is merely attempted but there is no
bribery on the part of the officer who refused to
be corrupted.
WHO IS AN OFFENDER IN ILLEGAL
EXACTION?
Illegal exaction can only be committed by a
collecting officer or a public officer whose
official duty is to collect payments due to the
government.
WHAT ARE THE THREE WAYS OF
COMMITTING ILLEGAL EXACTION?
1. Demanding an amount different from what
the law authorized;
2. Failing voluntarily to issue receipts; and
3. Collecting or receiving as payment things of
nature different from that required by law.
WHAT IS THE CONDITION PRECEDENT
FOR ANY TAKING, APPROPRIATION,
CONVERSION OR LOSS OF PUBLIC FUNDS
TO AMOUNT TO MALVERSATION?
There must first be evidence of shortage and
such shortage must be clearly established as a
fact. Evidence shortage is necessary before
there could be any taking, appropriation,
conversion, or loss of public funds that would
amount to malversation.
IS GOOD FAITH A VALID DEFENSE IN
MALVERSATION?
The defense of good faith is a valid defense in
a prosecution for malversation for it would
negate criminal intent on the part of the
accused.
COMPARE MALVERSATION, ESTAFA AND
QUALIFIED THEFT?
1. These crimes can be committed by public
officers over public funds. However,
malversation cannot be committed against
private property except for private property
in custodia legis.
2. In estafa and qualified theft, the offender
can be a private person or a public officer;
in malversation it is necessary that the
offender is a public officer.
3. The taking of public funds or property is
malversation if the public officer is
accountable therefor; estafa if the offender
who is not accountable therefor has
acquired juridical possession and taken it
with abuse of confidence or deceit; and
qualified theft if the offender who has mere
physical or material possession took the
property with abuse of confidence.
WHAT IS THE CRIME OF PLUNDER (R.A.
7080, AS AMENDED BY R.A. 7659)?
Plunder is the crime of public officers amassing
wealth involving at least Php50 Million by
means of a combination or series of overt acts
each of which may constitute different
offenses.
IS THE PLUNDER LAW VOID FOR BEING
VAGUE?
No. As it is written, the Plunder Law contains
ascertainable standards and well-defined
parameters, which would enable the accused
to determine the nature of his violation.
WHAT IS THE RATIONALE FOR R.A. 3019
(ANTI-GRAFT AND CORRUPT PRACTICES
ACT)”
R.A. 3019 was enacted under the police power
of the State to promote morality in public
service, to deter public officials and employees
from committing acts of dishonesty and
improve the tone of morality in public service.
CRIMES AGAINST PERSONS
 Parricide (246)
• Death or physical injuries inflicted
under exceptional circumstances (247)
• Murder (248)
• Homicide (249)
• Death caused in a tumultuous affray
(251)
• Physical injuries inflicted in tumultuous
affray (252)
• Giving assistance to suicide (253)
• Discharge of firearms (254)
• Infanticide (255)
• Intentional abortion (256)
• Unintentional abortion (257)
• Abortion practiced by the woman
herself or by her parents (258)
• Abortion practiced by a physician or
midwife and dispensing of abortive
(259)
• Duel (260)
• Challenging to duel (261)
• Mutilation (262)
• Serious physical injuries (263)
• Administering injurious substances or
beverages (264)
• Less serious physical injuries (265)
• Slight physical injuries (266)
• Rape (266 A to D)
Crimes against persons are those acts which
usually involves killing and inflicting physical
injuries to another.
HOW IS INTENT TO KILL DETERMINED?
Intent to kill is deduced from the weapons used
by the offenders, the nature, location and
number of wounds sustained by the victim and
the words uttered by the malefactors before, at
the time or immediately after the killing of the
victim. If the victim dies because of a deliberate
act of the malefactor, intent to kill is
conclusively presumed. Thus, if the offender
repeteadly cried "I will kill you" but he only
keeps on boxing the offended and injuries
resulted, the crime is not attempted or
frustrated homicide because the overt act to kill
must be established. Intent to kill cannot be
manifested by oral threats. It must be
manifested by overt acts. The crime is only
physical injuries.
WHAT IS THE CORPUS DELICTI IN TAKING
OF HUMAN LIFE?
In every criminal case, the evidence presented
must be sufficient to prove the corpus delicti -
that is, the actual offense committed. The
prosecution must first establish that the life of a
human being was taken, and second, that the
death was occasioned by the accused's
criminal act or agency. If the evidence clearly
discloses that a certain person is dead, and
that his death resulted from the use of violent
and criminal means by another, then the
corpus delicti is sufficiently proved.
WHEN INDICTMENT IS ON THE BASIS OF
PROXIMATE CAUSE, WHAT EVIDENCE ON
THE NATURE OF WOUND IS REQUIRED?
The significance of evidence on the precise
nature of the injuries sustained by the
deceased is that it often leads the careful
examiner to uncover the real cause of death.
Therefore, the examination of a wound, from
the legal point of view, should lead to the
determination as to when the wound was
inflicted, what the degree of danger of the
wound is, with its dangers to life or function,
whether the wound was given by the injured
man himself, or by some one else, and with
what manner of instrument the wound was
produced.
WHEN THERE ARE OTHER POSSIBLE
CAUSES OF DEATH ASIDE FROM
PROXIMATE CAUSE, WHAT SHOULD BE
DULY ESTABLISHED?
To hold a person liable for the death of
another, the evidence must establish beyond
reasonable doubt that accused's criminal act
was the proximate cause of such death.
HOW IS PARRICIDE COMMITTED
(ELEMENTS)?
Parricide is committed when;
1) A person is killed;
2) The deceased is killed by the accused;
3) The deceased is the father, mother or
child, whether legitimate or illegitimate, or
a legitimate other ascendant or
descendant, or the legitimate spouse of
the accused.
WHAT IS THE ESSENTIAL ELEMENT OF
PARRICIDE?
Relationship of the offender with the victim is
the essential element of this crime.
WHAT IS THE BASIS OF THE CRIME OF
PARRICIDE?
Parricide is based on the relationship of the
offender and the offended. The relationship
must be characterized by the following:
1) Legitimate except for parent/child where
relationship may either be legitimate or
illegitimate. For other ascendants or
descendants, such as grandparent or
grandchild, the relationship must be
legitimate.
2) In the direct line, either ascending or
descending. There is no parricide in the
killing of brothers and sisters, uncles/aunts
and nephews/nieces because the
relationship is collateral.
3) By blood except for spouses. There is no
parricide in the killing of adopter by
adopted or vice versa, step-parent and
step-child because the relationship is not
by blood.
WHAT ARE THE PENALTIES FOR
PARRICIDE?
A person guilty of parricide shall be punished
by the penalty of reclusion perpetua to death.
IF THE KILLING OF THE CHILD LESS THAN
3 DAYS OLD WAS COMMITTED BY THE
PARENT, IS THE CRIME PARRICIDE OR
INFANTICIDE?
Both parricide and infanticide can be
committed by the parents. Infanticide is based
on the age of the victim whereas parricide is
based on the relationship. Therefore, the
demarcation line between parricide and
infanticide committed by the parent is the age
of the child. Thus, if the child-victim is less than
three days old, the crime is infanticide.
Parricide should therefore yield to infanticide
as far as the designation of the crime is
involved. The penalty, though, is the same for
both crimes.
IN PARRICIDE INVOLVING SPOUSES, HOW
WILL THE RELATIONSHIP BE PROVED?
The key element in parricide is the relationship
of the offender with the victim. In the case of
parricide of spouse, the best proof of the
relationship between the accused and the
victim is the marriage certificate. In the
absence of a marriage certificate, however,
oral evidence of the fact of marriage may be
considered by the trial court if such proof is not
objected to.
IF THE INFORMATION FAILED TO MENTION
THAT OFFENDER AND OFFENDED ARE
MARRIED, CAN THE FORMER BE
CONVICTED WITH PARRICIDE?
No. If the information failed to mention that the
offender and the offended are married, the
former cannot be convicted of parricide
because that will violate his right to information
of the nature of the charge against him.
Moreover, since it is a qualifying circumstance
and an element of the crime, failure to allege
the relationship is a fatal mistake.
IN WHAT CASES IS A PERSON WHO
COMMITTED PARRICIDE NOT TO BE
PUNISHED WITH RECLUSION PERPETUA
TO DEATH?
1. When parricide is committed through
negligence;
2. When it is committed by mistake;
3. When it is committed under exceptional
circumstances.
Notes on Parricide:
1. The father, mother, or child may be
legitimate or illegitimate.
2. The spouse must be legitimate.
3. There is parricide through reckless
imprudence or parricide by mistake.
4. In parricide cases, a husband who killed
his wife shall indemnify his wife's heirs.
But in a case where the natural father
killed his child, no indemnity shall be
imposed considering that the accused, as
the father, is the presumptive heir of the
deceased.
5. A stranger who cooperates and takes part
in the commission of the crime of
parricide, is not guilty of parricide but only
homicide or murder as the case may be.
IN THE CRIME DEATH OR PHYSICAL
INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES (ART.
247), IF A PERIOD OF TIME SUCH AS ONE
HOUR PASSED FROM THE SURPRISING UP
TO THE KILLING, WILL THE BENEFIT STILL
BE AVAILABLE?
Though quite a length of time, about one hour,
had passed between the time the accused-
appellant discovered his wife having sexual
intercourse with the victim and the time the
latter was actually killed, the killing must be
understood to be the continuation of the pursuit
of the victim by the accused. The RPC, in
requiring that the accused shall kill any or both
of the spouse and the paramour, immediately
after surprising his spouse in the act of
intercourse, does not say that he should
commit the killing instantly thereafter. It only
requires that the death caused be the
proximate result of the outrage overwhelming
the accused after chancing upon his spouse in
the basest act of infidelity. But the killing should
have been actually motivated by the same
blind impulse, and must not have been
inluenced by external factors. The killing must
be the direct by-product of the accused's rage.
WILL THE FACT THAT THE SPOUSES
WERE LIVING SEPARATELY MILITATE
AGAINST THE ACCUSED?
The fact that the accused and the victim were
living separately does not militate against the
invocation of the absolutory cause under Art.
247 of the RPC provided that the death caused
is the proximate result of the outrage
overwhelming the accused after chancing upon
his spouse in the act of infidelity.
WHAT IS THE NATURE OF THE PENALTY
OF DESTIERRO ON THE INNOCENT
SPOUSE?
Destierro is not a penalty because there is no
criminal liability. It is imposed for the protection
of the accused against retaliation or vendetta.
Where physical injury is inflicted there is totally
no criminal liability. Destierro is not a penalty
because there is nothing to penalize.
DOES THIS ARTICLE APPLY EVEN IF THE
DAUGHTER IS MARRIED?
This article applies only when the daughter is
single because while under 18 years old and
single, she is under parental authority. If she is
married, her husband alone can claim the
benefits of Art. 247.
MUST THE PARENT BE LEGITIMATE?
This article does not seem to require it. It
requires only: 1) that the daughter be under 18
years old; and 2) that she is living with her
parents.
Notes on Art. 247
1. There shall be no criminal liability when
only less serious or slight physical injuries
are inflicted as it is an absolutory cause.
2. The article is not applicable to person who
consented to the infidelity of spouse, or
who facilitated the prostitution of his wife
or daughter.
HOW IS MURDER COMMITTED?
Homicide plus one qualifying circumstance
under Art. 248 will give rise to murder. The
killing should be homicide because if it is
against any of the persons in Art. 246, it is
parricide or if the victim is less than three days
old, then it is infanticide. Any one of the
qualifying circumstances in Art. 248 is an
element of murder.
HOW MANY CIRCUMSTANCES ARE
NECESSARY TO QUALIFY HOMICIDE TO
MURDER?
Only one circumstance suffices to qualify
homicide to murder. If there is present a
second circumstance, it will operate as a
generic aggravating which will, however, not
affect the penalty because the maximum
penalty of death has been abolished by R.A.
9346.
CAN HOMICIDE BE UPGRADED TO
MURDER BY A SUBSEQUENT ACT OF THE
OFFENDER?
Yes. When a person is killed without any
qualifying circumstance but thereafter the
offender does any act which insults or outrages
the corpse of the victim, the crime is thereby
qualified to murder. For instance, decapitating
the victim or chopping off the corpse into
several parts and scattering these in different
locations.
GIVE SOME INSTANCES WHEN
TREACHERY IS NOT APPRECIATED TO
QUALIFY KILLING TO MURDER?
While even a frontal attack can be treacherous,
as when it is sudden and unexpected and the
victim is unarmed, here, it appears that the
aggressors did not employ means tending
directly and especially to insure the execution
of the crime without risk to themselves arising
from the defense which the offended parties
might make.
WHAT DETERMINES WHETHER THE
OFFENSE COMMITTED IS FRUSTRATED
OR ATTEMPTED MURDER?
When the injuries sustained by the victim were
merely superficial and not capable of causing
death even without timely medical intervention,
and when no mortal wound having been
inflicted upon the victim, the offenders failed to
perform all the acts of execution which would
have produced the felony, the offenders are
liable for attempted murder instead of
frustrated murder.
Notes on Murder:
1. The killing of a child is murder even if the
manner of attack was not shown. The
qualifying circumtances of treachery or
alevosia exists in the commission of the
crime of murder when an adult person
illegally attacks a child of tender years and
causes his death.
2. The killing of the victims is qualified with
treachery, when the attack was sudden
and unexpected, and the victims were not
in a position to defend themselves.
3. Where the hands of the victim were raised
as ordered by the accused who fired at
him without any risk to the accused,
treachery is present.
4. A person who throws a cloak over the
head of his opponent, or one who
suddenly casts sand or dirt upon the eyes
of the victim and then kills him, evidently
employs means which weaken the
defense.
5. One who covered the face with a
handkerchief of the victim before killing
him is liable for murder because he
employed means to insure or afford
impunity.
6. The one who gave the price or reward or
who made the promise is a principal by
induction; while the person who received
the price or reward or who accepted the
promise is a principal by direct
participation.
7. When killing was accomplished "by means
of fire" alleged in the information, it does
not qualify the killing to murder unless the
use of fire was employed to kill the victim.
There should be an actual design to kill
and that the use of fire should be
purposely adopted as a means to that end.
8. Treachery and evident premeditation are
inherent in murder by means of poison
and, as such, they cannot be considered
as aggravating.
WHAT IS HOMICIDE?
Homicide is the killing of any person, which
does not constitute parricide, murder or
infanticide and is not attended by any
qualifying circumstances of murder.
WHAT IS THE RULE ON INTENT TO KILL
WHEN THE VICTIM DIES?
When consummated, intent to kill is a general
criminal intent which is presumed and hence
need not be established; when the victim does
not die, intent to kill becomes a specific
criminal intent which must be established
beyond reasonable doubt, otherwise, the crime
shall fall under physical injuries. When death
supervenes, intent to kill is presumed from the
voluntary commission of an unlawful act.
WHAT DETERMINES WHETHER THE
OFFENSE IS ATTEMPTED/ FRUSTRATED
HOMICIDE OR MURDER AND NOT MERELY
PHYSICAL INJURIES?
Intent to kill, as shown by the weapon used,
and the location and nature of the wound
determines the nature of the offense committed
whether it is attempted/frustrated homicide or
murder and not merely physical injuries.
CAN ATTEMPTED OR FRUSTRATED
HOMICIDE BE COMMITTED THROUGH
IMPRUDENCE OR NEGLIGENCE?
No. There is no such crime as frustrated or
attempted homicide through reckless
imprudence because intent is inherent in
frustrated or attempted homicide. In attempted
felonies, the offender commences the
commission of a felony directly by overt acts
and the felony is not produced only because he
was prevented by some cause or accident
other than his own spontaneous desistance.
On the other hand, in frustrated felonies, the
offender has performed all the acts of
execution which would produce the felony but
was prevented by reason of causes
independent of his will.
Notes on Homicide:
1. When death resulted, even if there is no
intent to kill, the crime is homicide, not
merely physical injuries, because with
respect to crimes of personal violence, the
penal law looks particularly to the material
results following the unlawful act and holds
the aggressor responsible for all the
consequences thereof.
2. Evidence of intent ot kill is important only
in attempted or frustrated homicide. If
there is no intent to kill on the part of the
offender, he is liable for physical injuries.
3. No offense of frustrated homicide through
imprudence.
4. Where the wounds that caused death
were inflicted by two different persons,
even if they were not in conspiracy, each
one of them is guilty of homicide.
5. Use of unlicensed firearm is an
aggravating circumstance in homicide.
HOW DOES THE FELONY OF DEATH
CAUSED IN A TUMULTUOUS AFFRAY
COMMITTED?
Death caused in a tumultuous affray is
committed when several persons, not
composing of groups organized for the
common purpose of assaulting and attacking
each other reciprocally, quarrel and assault
each other in a confused and tumultuous
manner, and in the course of the affray
someone is killed, and it cannot be ascertained
who actually killed the deceased but the
person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Notes on Tumultuous Affray:
1. There is no crime of death in a tumultuous
affray if the quarrel is between two well-
known groups.
2. The person killed in the course of the
affray need not be one of the participants
in the affray.
IS COMMITTING A SUICIDE A FELONY?
No, for there is no law penalizing the act of
committing suicide. Logically so, for if the
suicide is successful there will be nobody to
punish. It is the giving of assistance to suicide
that is penalized under the RPC.
IS THE PERSON WHO ATTEMPTS TO
COMMIT SUICIDE CRIMINALLY LIABLE?
A person who attempts to commit suicide is not
criminally liable because society has always
considered a person who attempts to kill
himself as an unfortunate being, a wretched
person more deserving of pity rather than of
penalty.
IS A PREGNANT WOMAN, WHO TRIED TO
COMMIT SUICIDE BY MEANS OF POISON,
BUT INSTEAD OF DYING, THE FETUS IN
HER WOMB WAS EXPELLED, LIABLE FOR
ABORTION?
No. In order to incur criminal liability for the
result not intended, one must be committing a
felony. An attempt to commit suicide is an act,
but it is not punishable by law. A woman who
tries to commit suicide is not committing a
felony. She is, therefore, not liable for abortion
for expelling the fetus instead.
MAY A DOCTOR WHO RESORTS TO
MERCY-KILLING (EUTHANASIA) BE HELD
LIABLE FOR MURDER?
Euthanasia is the practice of painlessly putting
to death a person suffering from some
incurable disease. It is not lending assistance
to suicide. In euthanasia, the person killed
does not want to die. A doctor who resorts to
mercy-killing of his patient may be liable for
murder.
HOW DOES DISCHARGE OF FIREARM
COMMITTED AND BY WHOM?
Discharge of firearm may be committed by any
person who shall discharge a firearm against
or at another person, without intent to kill him.
WHAT IS INFANTICIDE?
Infanticide is the killing of any child less than
three days of age, whether the killer is the
parent or grandparent, any other relative of the
child, or a stranger.
WHAT ARE THE ELEMENTS OF
INFANTICIDE?
1. That a child was killed;
2. That the deceased child was less than
three days (72) hours of age;
3. That the accused killed the said child.
IN THE CRIME OF INFANTICIDE, WHAT IS
REQUIRED IF THE VICTIM IS A FETUS?
The fetus must already be viable; otherwise,
the crime is not infanticide but abortion.
WHAT MITIGATES THE CRIME OF
INFANTICIDE AND WHO ARE ENTITLED
THERETO?
Concealing the dishonor mitigates the liability
of the mother or maternal grandparents who
committed the crime of infanticide. The only
persons in whose favor the mitigating
circumstances of having killed a child less than
three days of age to conceal the dishonor may
be considered are the mother and the maternal
grandparents, or either of them.
Notes on Infanticide:
1. Delinquent mother who claims concealing
dishonor must be of good reputation and
good morals to mitigate her liability.
Hence, a prostitute is not entitled to a
lesser penalty because she has no honor
to conceal.
2. Stranger cooperating with the mother in
killing a child less than three days old is
guilty of infanticide but the penalty is that
for murder.
3. No crime of infanticide is committed where
the child was born dead, or although born
alive, it could not sustain an independent
life when it was killed.
WHAT IS ABORTION?
Abortion is the willful killing of the fetus in the
uterus, or the violent expulsion of the fetus
form the maternal womb which results in the
death of the fetus.
DISTINGUISH BETWEEN INFANTICIDE AND
ABORTION?
In abortion, the fetus is still drawing life from its
mother; or the fetus is not yet breathing on its
own; or the baby had an intra-uterine life of
less than 7 months and is killed within 24
hours.
In infanticide, the victim is already a person; or
the umbilical chord is already cut and the infant
is breathing on its own; or the baby is less than
3 days old, which means less than 72 hours.
DISTINGUISH INTENTIONAL ABORTION
FROM UNINTENTIONAL ABORTION?
In intentional abortion, the crime is committed
with or without using violence upon the person
of the pregnant woman or by administering
drugs or beverages upon the pregnant woman
with or without her consent and the abortion is
intended. On the other hand, in unintentional
abortion, violence is used upon such pregnant
woman but without intending an abortion.
WHAT ARE THE CRIMES OF PHYSICAL
INJURIES?
1. Mutilation (262)
2. Serious physical injuries (263)
3. Administering injurious substance or
beverages (264)
4. Less serious physical injuries (265)
5. Slight physical injuries and maltreatment
(266)
AS TO STAGE OF EXECUTION, WHAT KIND
OF FELONY IS PHYSICAL INJURIES?
It is a formal crime because it is penalized on
the basis of the gravity of the injury. What is
punished is the result or consequence and not
the stage of execution. Hence, it cannot be
committed in the attempted or frustrated stage
because there will be no basis for the offense.
The gravity of the injury, whether serious, less
serious or slight will not be known unless and
until the felony is consummated.
WHAT IS MUTILATION?
Mutilation is the intentional chopping-off or
mutilation, either totally or partially of some
essential part of the body or organ of
reproduction. Specific intent is required in
mutilation, otherwise the crime would be
physical injuries and not mutilation.
HOW IS SERIOUS PHYSICAL INJURIES
COMMITTED?
Serious physical injuries is committed either by
wounding, beating, or assaulting another or by
knowingly administering on the victim any
injurious substances or beverages, or by taking
advantage of his weakness of mind or
credulity.
WHAT ARE SERIOUS PHYSICAL INJURIES?
1. Injured person becomes insane, imbecile,
impotent or blind;
2. Injured person loses use of speech or
power to hear or smell or loses an eye,
hand, foot, arm, or leg or loses use of any
such member or becomes incapacitated
for work in which he was habitually
engaged;
3. Injured person becomes deformed, or
loses any other member of the body, or
the use therefor, or becomes ill or
incapacitated for the performance of the
work in which he was habitually engaged
for more than 90 days;
4. Injured person becomes ill or
incapacitated for labor for more than 30
days;
HOW IS LESS SERIOUS PHYSICAL
INJURIES COMMITTED?
By inflicting upon another physical injuries not
described in the preceding article but which
shall incapacitate the offended party for labor
for ten days or more, or shall require medical
attendance for the same period.
WHAT ARE THE QUALIFYING
CIRCUMSTANCES FOR LESS SERIOUS
PHYSICAL INJURIES?
Ignominy or to insult or offend the victim; and if
the victim is the offender's parent, ascendant,
guardian, curator, teacher or persons of rank or
persons in authority.
DISTINGUISH AMONG SERIOUS, LESS
SERIOUS AND SLIGHT PHYSICAL
INJURIES?
It is in less serious and slight physical injuries
where duration of incapacity from labor and the
duration of medical treatment are considered.
The period of incapacity and the period of
medical treatment should not be more than 9
days. If either is more than 9 days, it is no
longer slight.
In serious physical injuries, it is only necessary
to consider whether he is incapacitated from
work. Less serious is not more than 30 days
but from the 31st day, it is serious.
WHAT IS THE NATURE OF THE
VIOLATIONS OF THE ANTI-HAZING LAW
(R.A. NO. 8049)?
They are mala in se. The persons criminally
liable are principals and accomplices.
Modifying circumstances are made by law to
be applicable, hence, mens rea (a guilty mind)
is an element.
WHAT ARE THE ELEMENTS OF RAPE
UNDER PAR. 1 AND PAR. 2?
Elements of rape under par. 1:
1. That the offender is a man;
2. That the offender had carnal knowledge of
a woman;
3. That such is accomplished under any of
the following circumstances:
a. By using force or intimidation;
b. When the woman is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machinations
or grave abuse of authority;
d. When the woman is under 12 years of
age or demented.
Elements of rape under par. 2:
1. That the offender commits an act of sexual
assault;
2. That the act of sexual assault is committed
by any of the following means:
a. By inserting his penis into another
person's mouth or anal orifice; or
b. By inserting any instrument or object
into the genital or anal orifice of
another person.
3. That the act of sexual assault is
accomplished under any of the following
circumstances:
a. By using force or intimidation;
b. When the woman is deprived of
reason or otherwise unconscious;
 c. By means of fraudulent machinations
or grave abuse of authority;
d. When the woman is under 12 years of
age or demented.
DISTINGUISH RAPE UNDER PAR. 1 FROM
RAPE UNDER PAR. 2?
Rape under par. 1 of Art. 266-A refers to the
contact of the male penis with the woman's
vagina and categorized as "rape by sexual
intercourse." On the other hand, rape under
par. 2 of the same article refers to sexual
abuse which is categorized as "rape through
sexual assault." Rape by sexual assault is
committed when a finger is inserted in the
victim's vagina.
WHO CAN COMMIT RAPE?
Under R.A. No. 8353, the crime of rape can
now be committed by a male or a female.
WHAT IS THE EFFECT OF THE
RECLASSIFICATION OF RAPE INTO A
CRIME AGAINST PERSONS?
1. The procedural requirement of consent of
the offended party to file the case is no
longer needed because this is now a
public crime unlike when it was still
classified as a crime against chastity.
Thus, the case can be filed by the State
motu propio.
2. There is now an impossible crime of rape
because impossible crimes can only be
committed against persons and property.
3. Rape can now be committed against
males because it has been removed from
crimes against chastity where the victims
are females except in acts of
lasciviousness.
4. The aggravating circumstances for crime
against persons under Art. 14 shall be
appreciated.
WHAT CONSUMMATES THE CRIME OF
RAPE?
The mere introduction of the penis into the
labia majora of the victim's genitalia engenders
the crime of rape. Hence, it is the "touching" or
"entry" of the penis into the labia majora or the
labia minora of the pudendum of the victim's
genitalia that consummates rape.
WHAT IS THE GRAVAMEN OF THE
OFFENSE OF RAPE?
Carnal knowledge through force and
intimidation is the gravamen of the offense of
rape.
WHEN RAPE IS PUNISHED BY RECLUSION
PERPETUA IN LIEU OF DEATH PURSUANT
TO R.A. NO. 9346?
1. When by reason or on occasion of the
rape, a homicide is committed;
2. When the victim is under 18 years of age
and the offender is a parent, ascendant,
stepparent, guardian, relative by
consanguinity or affinity within the 3rd civil
degree or the common-law spouse of the
parent of the victim;
3. When the victim is under the custody of
the police or military authorities;
4. When the rape is committed in full view of
the husband, parent, any of the children or
other relatives within the 3rd civil degree of
consanguinity;
5. When the victim is a religious engaged in
legitimate religious vocation;
6. When the victim is a child below 7 years
old;
7. When the offender knows that he is
afflicted with HIV/AIDS or any other
sexually transmitted disease;
8. When committed by any member of the
AFP or PNP;
9. When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability;
10. When the offender knew of the pregnancy
of the offended party at the time of the
commission of the crime.
11. When the offender knew of the mental
disability, emotional disorder and/or
physical handicap of the offender party at
the time of the commission of the crime.
WHAT ARE THE ELEMENTS OF
STATUTORY RAPE?
1. That the accused had carnal knowledge of a
woman; and
2. That the woman is below 12 years of age.
HOW IS STATUTORY RAPE COMMITTED?
Statutory rape is committed by sexual
intercourse with a woman below 12 years of
age regardless of her consent, or the lack of it,
to the sexual act. To convict an accused of the
crime of statutory rape, the prosecution carries
the burden of proving (1) the age of the
complainant; (2) the identity of the accused;
and (3) the sexual intercourse between the
accused and the complainant.
HOW RELEVANT IS FORCE AND
INTIMIDATION IN STATUTORY RAPE?
The gravamen of the offense of statutory rape
is the carnal knowledge of a woman below 12
years old. Sexual congress with a girl under 12
years is always rape. Thus, force and
intimidation or physical evidence of injury is
immaterial.
WHEN MULTIPLE RAPES ARE COMMITTED
AT ABOUT THE SAME TIME AND PLACE, IS
THE PRINCIPLE OF DELITO CONTINUADO
APPLICABLE?
No. Each and every charge of rape is a
separate and distinct crime; hence, each of the
rape charges should be proven beyond
reasonable doubt. The prosecution is required
to establish, by the necessary quantum of
proof, the elements of rape for each charge.
WHAT FACTS DOES NOT CONSTITUTE
ELEMENTS OF RAPE?
1. Resistance is not an element of rape when
the accused is the father or is closely
related to the victim.
2. Virginity is not an element of rape.
3. A freshly broken hymen is not an essential
element of rape and healed lacerations do
not negate rape.
4. Medical examination is not an
indispensable element in a prosecution for
rape.
5. The accused's being younger than the
victim is not relevant in rape.
6. The exact date of the sexual assault is not
an essential element of the crime of rape;
what should control is the fact of the
commission of the rape or that there is
proof of the penetration of the female
organ.
GIVE SOME DOCTRINAL PRINCIPLES IN
RAPE?
1. In the crime of rape, full or complete
penetration of the male organ is not
necessary as the only essential point to
prove is the entrance or at least the
introduction of the male organ into the
labia of the pudendum.
2. Penetration of the penis by entry into the
lips of the vagina, even without rupture or
laceration of the hymen, is enough to
justify a conviction of rape.
3. In rape cases, the material fact or
circumstance to be considered is the
occurrence of the rape, not the time of its
commission. The date or time the rape
was committed is not an essential
ingredient as it is the carnal knowledge
through force and intimidation that is the
gravamen of the offense.
4. The absence of spermatozoa in the vagina
does not negate rape.
5. When a rape victim says she was defiled,
she says in effect all that is necessary to
show that rape has been inflicted on her;
and, so long as her testimony meets the
test of credibility, the accused may be
convicted on the basis thereof.
6. In incestuous rape of a minor, proof of
force and violence exerted by the
aggressor is not essential. Moral
ascendancy or parental authority of the
accused over the complainant takes the
place of violence.
7. Absence of signs of external physical
injuries does not signify a lack of
resistance on the part of the rape victim.
8. Moral ascendancy or influence exercised
by the accused over the victim substitutes
for the element of physical force or
intimidation in cases of rape and, it may be
added, acts of lasciviousness.
9. For the consummation of the crime of
rape, it is not essential that there be a
complete penetration of the female organ;
neither is it essential that there be a
rupture of the hymen.
WHAT IS THE EFFECT OF MARRIAGE IN
THE CRIME OF RAPE?
Marriage extinguishes not only the penal
action, but likewise the penalty that may be
imposed. However, since rape is now a crime
against persons, it now appears that marriage
extinguishes the penal action and the penalty
only as to the principal and not as to the
accomplices and accessories.
UNDER WHAT CIRCUMSTANCE WILL RAPE
ABSORB FORCIBLE ABDUCTION?
The crime of rape absorbs forcible abduction
where the accused intended at the very outset
to rape the victim when he abducted her.
DISTINGUISH RAPE FROM ACTS OF
LASCIVIOUSNESS?
The difference lies in the intent of the
perpetrator deducible from his external acts.
When the "touching" of the vagina by the
offender's penis is coupled with the intent to
penetrate, attempted rape is committed.
Otherwise, it is merely acts of lasciviousness.
MAY A WOMAN BE LIABLE FOR THE CRIME
OF RAPE AGAINST ANOTHER WOMAN?
Yes. Under the RPC, a woman accused of
rape may be considered a principal by direct
participation, by inducement, or by
indispensable cooperation.
WHAT CONSTITUTES R.A. NO. 9262 (ANTI-
VIOLENCE AGAINST WOMEN AND
CHILDREN ACT OF 2004)?
Violence against women and their children
covers any act or series of acts by any person
against his wife, former wife, or with whom the
person has/had sexual or dating relationship,
or with whom he has a common child, or
against her child whether legitimate or
illegitimate, within or without the family abode,
which result in or is likely to result in physical,
sexual, psychological harm or suffering, or
economic abuse including threats or such acts,
battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
WHAT ARE THE SPECIFIC ACTS OR
VIOLENCE PENALIZED INCLUDED IN R.A.
9262?
1. Physical violence - acts that include bodily
or physical harm;
2. Sexual violence - acts which is sexual in
nature, committed against a woman or her
child;
3. Psychological violence - acts or omissions
causing or likely to cause mental or
emotional suffering of the victim such as
but not limited to intimidation, harassment,
stalking, damage to property, public
ridicule or humiliation;
4. Economic abuse - acts that make or
attempt to make woman financially
dependent.
WHAT ARE THE 3 STAGES/PHASES OF A
BATTERED WOMAN SYNDROME?
1. The tension-building phase where minor
battering occurs
2. The acute battering incident which is said
to be characterized by brutality
3. The tranquil, loving phase which occurs
when the acute battering incident ends
and the couple experience profound relief.
IF THE INVOCATION OF SELF-DEFENSE
FAILS, WHAT SHALL THE BATTERED
WOMAN SYNDROME AMOUNT TO?
It gives rise to two mitigating circumstances of
(a) psychological paralysis or diminution of
freedom of action, intelligence or intent
analogous to illness that diminishes the
exercise of will power; and (2) passion and
obfuscation.
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
Crimes against personal liberty
• Kidnapping and Serious Illegal
Detention (267)
• Slight illegal detention (268)
• Unlawful arrest (269)
• Kidnapping and failure to return a
minor (270)
• Inducing a minor to abandon his home
(271)
• Slavery (272)
• Exploitation of child labor (273)
• Services rendered in compulsion of
payment of debt (274)
Crimes against security
• Abandonment of persons in danger and
abandonment of one's own victim (275)
• Abandoning a minor (276)
• Abandonment of minor by person
entrusted with his custody, indifference
of parents (277)
• Exploitation of minors (278)
• Trespass to dwelling (279)
• Other forms of trespass (280)
• Grave threats (281)
• Light threats (282)
• Other light threats (283)
• Grave coercion (284)
• Light coercion (287)
WHAT IS THE ESSENTIAL ELEMENT OF
KIDNAPPING and SERIOUS ILLEGAL
DETENTION?
The essential element or act which makes the
offense of kidnapping and serious illegal
detention is the deprivation of the offended
party's liberty, or that he was transported away
against his will with the primary or original
intent to effect restraint.
WHAT ARE THE ELEMENTS OF
KIDNAPPING AND SERIOUS ILLEGAL
DETENTION AND WHAT ARE THE
QUALIFYING CIRCUMSTANCES?
The elements are 1) the detention lasted more
than 3 days; 2) the offenders simulated public
authority; 3) physical injuries were inflicted on
the victim; 4) threats to kill the victim were
made; or 5) the victim is a female, public
officer, or minor except when accused is any of
the parents.
The qualifying circumstances are 1) ransom is
demanded; 2) the victim is killed or dies as a
consequence; 3) the victim is raped; or 4) the
victim is subjected to torture or dehumanizing
acts.
WHAT SPECIAL COMPLEX CRIMES MAY
ARISE IN KIDNAPPING?
Kidnapping with homicide, kidnapping with
rape, kidnapping with physical injuries are
special complex crimes or composite crimes or
single indivisible offenses.
WHEN DOES THE SPECIAL COMPLEX
CRIME OF KIDNAPPING WITH MURDER OR
HOMICIDE ARISE?
The rule now is "where the person kidnapped
is killed in the course of the detention,
regardless of whether the killing was purposely
sought or was merely an afterthought, the
kidnapping and murder or homicide can no
longer be complexed under Art. 48, nor be
treated as separate crimes, but shall be
punished as a special complex crime under the
last paragraph of Art. 267, as amended by R.A.
No. 7659."
WHEN DOES THE SPECIAL COMPLEX
CRIME OF KIDNAPPING WITH RAPE
ARISE?
When the person kidnapped or illegally
detained is raped, the offense committed is the
special complex crime of serious illegal
detention or kidnapping wth rape, punishable
with the maximum penalty of death.
WILL ANY AND ALL KINDS OF
DEPRIVATION RESULT TO KIDNAPPING?
For kidnapping to exist, there must be
indubitable proof that the actual intent of the
malefactors was to deprive the offended party
of her liberty, and not where such restraint of
freedom of action was merely an incident in the
commission of another offense primarily
intended by the offenders.
DISTINGUISH ILLEGAL DETENTION FROM
ARBITRARY DETENTION?
The crime of illegal detention is committed by a
private individual who unlawfully kidnaps,
detains, or otherwise deprives a person of
liberty; while arbitrary detention is committed
by a public officer or employee who detains a
person without legal ground.
DISTINGUISH KIDNAPPING FROM
FORCIBLE ABDUCTION?
The main difference between kidnapping and
forcible abduction is the presence or absence
of lewd designs. If the taking is with lewd
designs at the outset, the crime is forcible
abduction. If the original intent is to detain her
or deprive her of liberty, it is kidnapping.
COMPARE SLIGHT ILLEGAL DETENTION,
AND KIDNAPPING AND SERIOUS ILLEGAL
DETENTION?
1. In slight illegal detention, none of the
circumstances in kidnapping and serious
illegal detention are present.
2. Voluntary release can mitigate the liability
in slight illegal detention but not in
kidnapping and serious illegal detention.
3. The same penalty shall be incurred by an
accomplice in slight illegal detention,
however, in kidnapping and serious illegal
detention, the general rule is that the
penalty for accomplice is observed which
is one degree lower.
WHAT ARE THE REQUISITES FOR THE
SPECIFIC MITIGATING CIRCUMSTANCS OF
VOLUNTARY RELEASE IN SLIGHT
ILLLEGAL DETENTION?
There are 3 requisites for the mitigating
circumstance of voluntary release:
1. The release should have been made within
3 days from the commencement of the
detention;
2. The release must be made before the
offender has accomplished his purpose;
and
3. It must be made before criminal
prosecution has been commenced.
4. The crime should be slight illegal
detention, not kidnapping and serious
illegal detention because in the latter,
voluntary release is not mitigating.
WHAT ARE THE CRIMES CALLED
KIDNAPPING OF MINORS?
Kidnapping of minors include kidnapping and
failure to return a minor (Art. 270); and
inducing a minor to abandon his home (Art.
271).
WHAT IS THE ESSENTIAL ELEMENT OF
THE CRIME OF KIDNAPPING OF MINOR
AND FAILURE TO RETURN A MINOR?
The essential element herein is that the
offender is entrusted with the custody of the
minor but what is actually punishable is not the
kidnapping of the minor, but rather the
deliberate failure or refusal of the custodian of
the minor to return the latter to his parents or
guardians.
DISTINGUISH KIDNAPPING UNDER ART.
267 FROM KIDNAPPING OF MINOR UNDER
ART. 270?
Under Art. 267, the offender is not entrusted
with the custody of the minor victim; while
under Art. 270 the offender is entrusted with
the custody of the minor victim.
WHAT ARE THE CRIMES CALLED SLAVERY
AND SERVITUDE?
Slavery and servitude includes the crimes of
slavery (Art. 272), exploitation of child labor
(Art. 273) and services rendered under
compulsion in payment of debt (Art. 274).
WHAT ARE THE ELEMENTS OF SLAVERY?
1. That the offender purchases, sells,
kidnaps, or detains a human being;
2. That the purpose of the offender is to
enslave such human being.
WHAT ARE THE CRIMES CALLED
ABANDONMENT OF HELPLESS PESONS
AND EXPLOITATION OF MINORS?
1. Abandonment of persons in danger and
abandonment of one's victim (Art. 275);
2. Abandoning minor (Art. 276);
3. Abandonment of minor be person
entrusted with his custody; indifference of
parents (Art. 277);
4. Exploitation of minors (Art. 278).
WHAT ARE THE CRIMES PENALIZED
UNDER R.A. NO. 7610 (CHILD ABUSE LAW)?
1. Child prostitution and other sexual abuse
2. Child trafficking or trading
3. Child abuse, cruelty or exploitation
WHAT IS TRESPASS TO DWELLING AND
HOW WAS IT COMMITTED?
Trespass to dwelling is a crime against security
where any private person enters the dwelling of
another against the latter's will.
WHAT QUALIFIES THE OFFENSE OF
TRESPASS TO DWELLING?
If the offense is committed by means of
violence or intimidation, the penalty is higher
WHAT ARE GRAVE THREATS?
Grave threats are crimes against personal
security committed by any person who shall
threaten another with the infliction upon the
person, honor, or property of the latter or of his
family of any wrong amounting to a crime.
WHAT ARE LIGHT THREATS?
Light threats are crimes against personal
security committed by any person who makes
a threat to commit a wrong not constituting a
crime. Blackmailing is an example of light
threats.
DISTINGUISH GRAVE THREATS AND LIGHT
THREATS?
In grave threats, the wrong threatened
amounts to a crime which may or may not be
accompanied by any condition; while in light
threats, the wrong threatened does not amount
to crime but is always accompanied with
condition.
WHAT ARE GRAVE COERCIONS?
Grave coercions are crimes against personal
security committed by any person who, without
authority of law, shall, by means of violence,
threats or intimidation, prevent another from
doing something not prohibited by law, or
compel him to do something against his will,
whether it be right or wrong.
WHAT ARE THE TWO WAYS OF
COMMITTING GRAVE COERCIONS?

1. By preventing another, by means of
violence, threats, or intimidation, from
doing something not prohibited by law.
2. By compelling another, by means of
violence, threats, or intimidation, to do
something against his will, whether it be
right or wrong.
WHAT ARE LIGHT COERCIONS?
Light coercions are crimes against personal
security committed by any person who, by
means of violence, shall seize anything
belonging to his debtor for the purpose of
applying the same to the payment of the debt.
WHAT IS UNJUST VEXATION?
Unjust vexation is a form of light coercion. It is
any form of unjustly annoying, irritating or
vexing an innocent person. It is a crime against
personal security and not against property.
Malicious mischief is a crime against property.
The paramount question to be considered in
determining whether the crime of unjust
vexation is committed, is whether the
offender's act caused annoyance, irritation,
vexation, torment, distress or disturbance to
the mind of the person to whom it is directed.
Light coercion will be unjust vexation if the
element of employing violence or intimidation is
absent.
WHAT ARE THE PRINCIPAL DISTINCTIONS
BETWEEN THREAT AND COERCION?
1. In threat, the threatened harm or wrong is
future and conditional, while in coercion, it
is immediate, personal and direct.
2. Threat may be done through an
intermediary or in writing, coercion cannot
be done by means of an intermediary or in
writing.
3. Generally, threat is committed by means of
intimidation, which is future and
conditional; while coercion is generally
committed by violence, although it may
also be brought about by intimidation if it is
serious enough, direct, immediate and
personal.
CRIMES AGAINST PROPERTY
• Robbery with violence against or
intimidation of persons (294)
• Robbery in band (295)
• Attempted and frustrated robbery with
homicide (296)
• Execution of deeds by means of
violence or intimidation (297)
• Robbery by the use of force upon
things (298)
• Possession of picklocks or similar
tools (299)
• Brigandage (306-307)
• Theft (308-311)
• Usurpation (312)
• Altering boundaries or landmarks (313)
• Culpable insolvency (314)
• Swindling and other deceits (315-318)
• Chattel mortgages (319)
• Arson and other crimes involving
destruction (320)
• Malicious mischief (327-328)
WHAT IS ROBBERY?
Robbery is the taking of personal property
belonging to another, with intent to gain, by
means of violence against, or intimidation of
any person, or using force upon anything.
WHAT ARE THE CLASSIFICATIONS OF
ROBBERY?
1. Robbery with violence against, or
intimidation of persons (Art. 294)
2. Robbery by the use of force upon things
(Arts. 299 and 302)
DISTINGUISH THE TWO CLASSES OF
ROBBERY AS TO THEIR BEING QUALIFIED?
Robbery with force upon things in order to be
qualified, must be committed in an uninhabited
place and by a band; while robbery with
violence against or intimidation of persons
must be committed in an uninhabited place or
by a band.
WHAT ARE THE ELEMENTS OF ROBBERY
IN GENERAL?
1. That there be a personal property
belonging to another;
2. That there is unlawful taking of that
property;
3. That the taking must be with intent to gain;
and
4. That there is violence against or
intimidation of any person, or force upon
things.
WHAT IS THE SPECIAL COMPLEX CRIME
OF ROBBERY WITH HOMICIDE AND HOW
WAS IT COMMITTED?
Where the original design comprehends
robbery, and homicide is perpetrated by reason
or on occasion of the consummation of the
former, the crime committed is the special
complex crime of robbery with homicide, even
though homicide precedes robbery by an
appreciable time.
However, if the original design is not to commit
robbery, but robbery is committed after the
homicide as an afterthought and a minor
incident in the homicide, the criminal acts
should be viewed as two distinct offenses.
Robbery with homicide arises only when there
is a direct relation, an intimate connection,
between the robbery and the killing, even if the
killing is prior to, concurrect with, or
subsequent to the robbery.
WHAT IS THE NATURE OF THE CRIME OF
ROBBERY WITH HOMICIDE?
This special complex crime is primarily a crime
against property and not against persons,
homicide being a mere incident of the robbery
with the latter being the main purpose and
object of the criminal. In robbery with homicide,
what is essential is that there be a direct
relation between robbery and the killing,
whether the latter is prior or subsequent to the
former or whether both crimes are committed
at the same time.
IS THERE A SPECIAL COMPLEX CRIME OF
ROBBERY WITH MURDER?
There is no such crime as robbery with murder
since treachery cannot be considered as a
qualifying circumstance of murder because the
crime charged is the special crime of robbery
with homicide.
Notes on Robbery with Homicide:
1. If the idea of taking the personal property
of another with intent to gain came to the
mind of the offender after he had killed the
victim, he is guilty of two separate crimes
of homicide or murder, as the case may
be, and theft.
2. Killing first the victim and then afterwards
taking the money from the body of the
deceased is robbery with homicide. But the
offender must have the intent to take
personal property before the killing.
3. It is still robbery with homicide if in the
course of the robbery, another robber is
killed by his companion.
4. There is robbery with homicide, even if the
person killed was an innocent bystander
and not the person robbed.
5. When homicide is not proved, the crime is
only robbery. Whereas, when robbery is
not proved, the crime is only homicide.
6. All who participated in the robbery as
principals are principals in robbery with
homicide.
WHAT IS THE SPECIAL COMPLEX CRIME
OF ROBBERY WITH RAPE AND HOW WAS
IT COMMITTED?
Where the offender must have the intent to
take the personal property belonging to
another with intent to gain, and such intent
shall have been accompanied by rape, the
special complex crime of robbery with rape is
committed.

IN ROBBERY WITH RAPE, WHEN SHOULD
THE RAPE BE COMMITTED?
To be liable for the special complex crime of
robbery with rape, the intent to take personal
property of another must precede the rape, and
if the original plan was to rape but the accused
after committing the rape also committed
robbery when the opportunity presented itself,
the offenses should be viewed as separate and
distinct.
Notes on Robbery with Rape:
1. Even if the rape was committed in another
place, it is still robbery with rape. It is not
necessary that the rape be committed prior
to or simultaneously with the robbery. The
law says in the definition of the crime,
"when the robbery is accompanied by rape
or mutilation."
2. But if the rape is committed against a
woman in a house other than that where
the robbery is committed, the rape should
be considered a separate offense.
3. Even if the rape was committed before the
taking of the property, it is still robbery with
rape if the intent of the culprits from the
beginning was to take personal property
and rape was not the primary objective.
4. There is no complex crime of robbery with
attempted rape because a robbery cannot
be a necessary means to commit
attempted rape, nor attempted rape to
commit robbery. Both crimes cannot be the
result of a single act.
5. When the taking of property after the rape
is not with intent to gain, there is neither
theft nor robbery committed.
6. When rape and homicide co-exist in the
commission of robbery, the crime is
robbery with homicide and rape. The rape
to be considered as an aggravating
circumstance.
IF THE SEQUENCE OF THE ACTS IS: RAPE,
HOMICIDE, THEN ROBBERY, WHAT
CRIMES ARE COMMITTED?
A. If they raped, then killed the girl, then
robbed the place with force upon things,
the crimes are i) Rape with Homicide; and
ii) Robbery.
B. If they raped, then killed the girl and took
jewelry or other valuables from her person
or without force upon things, the crimes
are i) Rape with homicide; and ii) Theft,
because the dead can no longer be
intimidated.
C. If they robbed, then raped, then killed her,
Robbery with Homicide; Rape is absorbed.
The same if they raped, then robbed then
killed her because she was still alive when
they committed the robbery and homicide
takes precedence over rape in the order or
priority under Art. 294.
WHAT IS THE PECULIAR NATURE OF
ROBBERY WITH ARSON?
In order to have robbery with arson, there must
be violence and intimidation upon persons first
and thereafter, the premises are burned and
there is no killing, rape, or mutilation. If robbery
is with force upon things and thereafter the
house was burned to cover up the crime, two
crimes are committed, robbery and arson,
because robbery with arson is under Art. 294
on violence and intimidation where in Art. 299
is robbery with force upon things and it does
not include arson.
WHAT ARE THE TWO KINDS OF ROBBERY
WITH FORCE UPON THINGS?
1. Robbery in an inhabited house or public
building or edifice devoted to religious
worship (Art. 299)
2. Robbery in an uninhabited place or in a
private building (Art. 302).
IN ROBBERY WITH FORCE UPON THINGS
UNDER SUBDIVISION (A), HOW WAS THE
ENTRANCE EFFECTED?
1. Through an opening not intended for
entrance or egress;
2. By breaking any wall, roof, or floor or
breaking any door or window;
3. By using false keys, picklocks or similar
tools;
4. By using any fictitious name or pretending
the exercise of public authority.
IN ROBBERY WITH FORCE UPON THINGS
UNDER SUBDIVISION (B), WHAT ARE THE
ACTS INCLUDED THEREIN WHICH
CONSTITUTES THE CRIME OF ROBBERY?
1. Breaking of doors, wardrobes, chests, or
any other kind of locked or sealed furniture
or receptacle; or
2. Taking such furniture or objects away to be
broken or forced open outside the place of
the robbery.
WHAT IS BRIGANDAGE?
Brigandage is a crime against property
committed by more than three armed persons
who form a band of robbers for the purpose of
committing robbery in the highway or
kidnapping persons for the purpose of extortion
or to obtain ransom, or for any other purpose to
be attained by means of force and violence.
DISTINGUISH BRIGANDAGE FROM
ROBBERY IN BAND?
In brigandage, the purpose of the offenders is
either to commit robbery in the highway, or to
kidnap persons for purposes of extortion and
ransom, or for any other purpose to be attained
by force and violence; while in robbery in band,
the purpose of the offenders is only to commit
robbery, not necessarily in the highway.
WHAT IS THEFT?
Theft is a crime against property committed by
any person who, with intent to gain but without
violence against or intimidation of persons nor
force upon things, shall take personal property
of another without the latter's consent.
WHAT ARE THE ELEMENTS OF THEFT?
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the
consent of the owner;
5. That the taking be accomplished without
the use of violence against or intimidation
of persons or force upon things.
DISTINGUISH THEFT FROM ROBBERY?
Robbery and theft are analogous crimes
involving taking of another's personal property
with intent to gain. It is robbery if committed
with violence against or intimidation upon
person, or with force upon things. Otherwise, it
is theft.
WHAT IS ASPORTATION?
Asportation is the taking of personal property
out of the possession of the owner, without his
privity and consent and without animus
revertendi.
CAN THERE BE FRUSTRATED THEFT?
None. Under Art. 308 theft can only be
attempted or consummated. It does not have a
frustrated stage as its element of unlawful
taking, or apoderamiento, is deemed complete
from the moment the offender gains
possession of the thing, even he has no
opportunity to dispose the same.
WHAT IS ANIMUS LUCRANDI AND WHAT
WILL GIVE RISE TO ITS PRESUMPTION?
Animus lucrandi or intent to gain is an internal
act which can be established through the overt
acts of the offender. It is presumed when one
is found in possession of stolen goods
precisely because the taking of another's
property is an unlawful act.
SNATCHING MAY CONSTITUTE WHAT
CRIME?
Robbery if the snatcher employed force more
than necessary upon the person whose
valuables were snatched; theft if no added
force in taking is employed except that
necessary to effect the snatching.
WHAT CIRCUMSTANCES QUALIFY THEFT?
Theft is qualified when any of the following
circumstances are present:
1. Theft committed by a domestic servant;
2. Theft committed with grave abuse of
confidence;
3. If the property stolen is a motor vehicle,
mail matter, or large cattle;
4. If the proprety stolen consists of coconuts
taken from the premises of a plantation;
5. If the property stolen is fish taken from a
fishpond or fishery;
6. If property is taken on the occasion of
calamity and misfortune.
WHAT ARE THE ELEMENTS OF
CARNAPPING?
1. Taking of a motor vehicle which belongs to
another;
2. The taking is without the consent of the
owner by means of violence or intimidation
of persons or by using force upon things;
and
3. It is done with intent to gain.
WHAT CHANGES WERE INTRODUCED BY
R.A. 7659 (ANTI-CARNAPPING LAW)?
Three amendments to the anti-carnapping law,
viz:
1. The change of penalty of life imprisonment
to reclusion perpetua;
2. The inclusion of rape;
3. The change of phrase "in the commission
of the carnapping" to "in the course of the
commission of the carnapping or on the
occasion thereof."
WHAT IS THE NATURE OF THE CRIME OF
CARNAPPING?
Carnapping is malum prohibitum. If homicide is
committed, the denomination of carnapping
with homicide is a term to show that somebody
was killed during the carnapping. It is not a
complex crime but a special complex crime or
composite crime made so by the amendment
to the law by R.A. 7659.
WHAT IS FENCING?
Fencing is the act of any person who, with
intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal,
sell or dispose of, or shall buy and sell or in
any other manner deal in any article, item,
object or anything of value which he knows, or
should be known to him, to have been derived
from the proceeds of the crime of robbery or
theft.
WHAT IS PRESUMED WHEN STOLEN
ARTICLES ARE IN THE POSSESSION OF A
PERSON?
When stolen articles are found in the
possession of a person, it is presumed that the
possessor has committed the crime of fencing.
Mere possession of any good, article, item,
object, or anything of value which has been the
subject of robbery or thievery shall be prima
facie evidence of fencing. The law does not
require proof of purchase of the stolen articles
by petitioner, as mere possession thereof is
enough to give rise to a presumption of
fencing.
WHAT IS CATTLE RUSTLING (PD 533-ANTI
CATTLE RUSTLING LAW)?
Cattle rustling is taking away by any means,
methods or schemes, without the consent of
the owner/raiser, of any of the large cattle
whether or not for profit or gain, or whether
committed with or without violence or
intimidation of person or force upon things. It
includes the killing of large cattle, or taking its
meat or hide without the consent of the
owner/raiser.
WHO ARE LIABLE FOR CULPABLE
INSOLVENCY?
Culpable insolvency is committed by debtors
who conceal properties to avoid payment of
legal debt.
WHAT IS ESTAFA AND HOW WAS IT
COMMITTED?
Swindling or Estafa is a crime against property
committed by any person who shall defraud
another by any of the following means:
1. With unfaithfulness or abuse of
confidence;
2. By means of false pretenses or fraudulent
acts;
2. Through fraudulent means.
WHAT ARE THE ELEMENTS OF ESTAFA IN
GENERAL?
1. That the accused defrauded another by
abuse of confidence or by means of deceit;
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person.
IS THE CRIME OF ESTAFA CONSIDERED
AS INVOLVING MORAL TURPITUDE?
Yes. In essence and in all respects, estafa, no
doubt, is a crime involving moral turpitude
because the act is unquestionably against
justice, honesty and good morals.
WHAT IS THE GRAVAMEN OF THE
OFFENSE OF B.P. BLG. 22?
The gravamen of B.P. Blg. 22 is the act of
making and issuing a worthless check or one
that is dishonored upon its presentment for
payment and the issuer failed to satisfy the
amount of the check or make arrangement for
its payment within five banking days from
notice of dishonor. The act is malum
prohibitum, pernicious and inimical to the
public welfare.
WHAT IS ARSON AND HOW IS IT
COMMITTED?
Arson is the malicious destruction of property
by fire. As long as fire or pyrotechnic material
is used to destroy any property, it is arson. In
arson, the corpus delicti rule is generally
satisfied by proof of the bare occurrence of the
fire and of its having been intentionally caused.
WHAT ARE THE DIFFERENT KINDS OF
ARSON?
1. Simple arson
2. Destructive arson
3. Other cases of arson
DISTINGUISH SIMPLE ARSON FROM
DESTRUCTIVE ARSON?
The nature of destructive arson is distinguished
from simple arson by the degree of perversity
or viciousness of the criminal offender.
Destructive arson is characterized as heinous
crime for being grievous, odious, and hateful
offense; while simple arson contemplates
crimes with less significant social, economic,
political and national security implications than
destructive arson.
HOW WAS ATTEMPTED, FRUSTRATED AND
CONSUMMATED ARSON COMMITTED?
A person, intending to burn a wooden
structure, collects some rags, soaks them in a
gasoline and places them beside the wooden
wall of the building. When he is about to light a
match to set fire to the rags, he is discovered
by another who chases him away, the crime
committed is attempted arson.
If that person is able to light or set firt to the
rags but the fire was put out before any part of
the building was burned, it is frustrated.
But if before the fire was put out, it had burned
a part of the building, it is consummated.
IS THERE FRUSTRATED ARSON?
None, because arson is defined as burning of
property. If no burning resulted by offender
commenced the commission of the felony
direct by overt acts but was not able to produce
the felony because of causes other than his
own spontaneous desistance, attempted arson
is committed. Even if the whole house has not
been completely gutted by fire, the crime is still
consummated arson.
WHAT ARE THE SPECIAL AGGRAVATING
CIRCUMSTANCES IN ARSON?
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned;
4. If committed by a syndicate.
IS THERE A COMPLEX CRIME OF ARSON
WITH HOMICIDE?
There is none. Presidential Decree No. 1613
provides that if by reason of or on the occasion
of arson, death results, the penalty of reclusion
perpetua shall be imposed. The crime of
homicide is absorbed.
WHEN IS THE CRIME OF MURDER, ARSON,
OR COMPOSITE CRIME OF ARSON WITH
HOMICIDE?
1. It is murder when the use of fire was
specifically chosen primarily to kill the
victim.
2. It is arson and murder/homicide when the
murder/homicide has already been
consummated and the house was burned
to conceal the crime.
3. It is arson when the owner burned his
property but the fire spread to other
properties and a person was killed.
WHAT IS MALICIOUS MISCHIEF?
Malicious mischief is the willful damaging of
another's property for the sake of causing
damage due to hate, revenge or other evil
motive.
DISTINGUISH MALICIOUS MISCHIEF FROM
UNJUST VEXATION?
If the intent is to irritate a person, the crime is
unjust vexation; if the intent is to cause
damage to another's property, it malicious
mischief. Malicious mischief is against
property, while unjust vexation is against
persons.
WHO ARE THE PERSONS EXEMPTED
FROM CRIMINAL LIABILITY IN THEFT,
SWINDLING/ESTAFA, OR MALICIOUS
MISCHIEF?
1. Spouses, ascendants and descendants or
relative by affinity in the same line;
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have
passed into the possession of another;
and
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together.
CRIMES AGAINST CHASTITY
• Adultery (333)
• Concubinage (334)
• Rape (335)
• Acts of Lasciviousness (336)
• Qualified Seduction (337)
• Simple Seduction (338)
• Acts of Lasciviousness with the
Consent of the Offended Party (339)
• Corruption of Minors (340)
• White Slave Trade (341)
• Forcible Abduction (342)
• Consented Abduction (343)
WHAT IS ADULTERY AND WHO MAY BE
LIABLE FOR ADULTERY?
Adultery is committed by any married woman
who shall have sexual intercourse with a man
not her husband and by the man who has
carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently
declared void.
WHAT IS THE ESSENTIAL ELEMENT OF
ADULTERY?
The essential element of adultery is the
violation of the marital vow.
WHAT IS CONCUBINAGE AND WHO MAY
BE LIABLE FOR CONCUBINAGE?
Concubinage is committed by any husband
who shall keep a mistress in the conjugal
dwelling, or, shall have sexual intercourse,
under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with
her in any other place.
WHAT ARE THE ELEMENTS OF QUALIFIED
SEDUCTION?
Qualified seduction requires:
1. The offended party is a virgin, which is
presumed if she is unmarried and of good
reputation;
2. She must be over 12 and under 18 years
of age;
3. The offender had sexual intercourse with
her;
4. There is abuse of authority, confidence, or
relationship on the part of the offender.
WHAT ARE THE DISTINCTIONS BETWEEN
SIMPLE SEDUCTION AND QUALIFIED
SEDUCTION?
In Simple Seduction, the woman is single or a
widow of good reputation. The offender may be
any person; and the victim cannot be over 18
years old.
On the other hand, in Qualified Seduction, the
woman is a virgin. The offender is public
authority, priest, house servant, domestic,
guardian, teacher or any person entrusted with
the education or custody of the woman
seduced; and when the offender is the brother
or an ascendant, the age and moral reputation
of the female is no material.
WHO COULD BE THE OFFENDERS IN
QUALIFIED SEDUCTION?
1. Those who abused their authority
a. Person in public authority
b. Guardian
c. Teacher
d. Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced.
2. Those who abused confidence reposed in
them
a. Priest
b. House servant
c. Domestic
3. Those who abused their relationship
a. Brother who seduced his sister
b. Ascendant who seduced his
descendant
HOW IS CORRUPTION OF MINORS
COMMITTED?
Corruption of minor is committed only if a minor
is used to satisfy the lust of another and not the
corruptor's own lust.
WHAT ARE THE ELEMENTS OF FORCIBLE
ABDUCTION?
1. The victim is any woman, regardless of
age, civil status, or reputation;
2. The abduction is against her will; and
3. The abduction is with lewd designs.
WHAT IS THE GRAVAMEN OF THE
OFFENSEOF CONSENTED ABDUCTION?
The gravamen of the offense of consented
abduction is the alarm and disturbance to the
parents and the family of the victim and the
infringement of their rights.

CRIMES AGAINST CIVIL STATUS OF
PERSONS
• Simulation of births, substitution of one
child for another, and concealment or
abandonment of a legitimate child (347)
• Usurpation of civil status (348)
• Bigamy (349)
• Marriage contracted against provisions
of laws (350)
• Premature marriages (351)
• Performance of illegal marriage
ceremony (352)
WHAT ARE THE ELEMENTS OF BIGAMY?
1. Offender has been legally married;
2. The marriage has not been legally
dissolved;
3. Offender contracts a second or subsequent
marriage.
4. Such second marriage or subsequent
marriage has all the essential requisites for
validity.
CRIMES AGAINST HONOR
• Libel (353)
• Slander (358)
• Slander by deed (359)
• Incriminating innocent person (363)
• Intriguing against honor (364)
WHAT ARE THE DIFFERENT CRIMES OF
DEFAMATION?
They are oral defamation or slander; written
defamation or libel; and defamation by overt
acts or slander by deed.
TO FIND A PERSON GUILTY OF LIBEL,
WHAT ELEMENTS MUST BE PROVED?
To be liable for libel under Art. 353, the
following elements must be shown to exist:
1) the allegation of a discreditable act or
condition concerning another;
2) publication of the charge; GIVE EXAMPLES OF RECKLESS ACTS
3) identity of the person defamed; and WHICH RESULTS TO HOMICIDE?
4) existence of malice.
Past jurisprudential cases of reckless
QUASI-OFFENSES imprudence resulting in homicide were as
follows:
Generally, imprudence and negligence
constitutes quasi-offenses. 1. Exhibiting a loaded revolver to a friend,
who got killed by the accidential discharge
WHAT IS RECKLESS IMPRUDENCE? arising from negligent handling;
2. Discharging a firearm from the window of
Reckless imprudence is the inexcusable lack of one's house and killing a neighbor who at
precaution of a person taking into the moment leaned over a balcony front;
consideration his 3. Firing a gun in the air to stop a fist fight
and hit a bystander who died thereafter;
(a)employment or occupation;
(b)degree of intelligence; WHAT ARE THE REQUISITES FOR THE
(c)physical condition, and APPLICATION OF RES IPSA LOQUITUR?
(d)other circumstances regarding time, 1. The accident was of kind which does not
person, and place. Such inexcusable ordinarily occur unless someone is
negligence results in material damage to negligent;
another. 2. The instrumentality or agency which
COMPARE SIMPLE IMPRUDENCE TO caused the injury was under the exclusive
RECKLESS IMPRUDENCE? control of the person in charge; and
3. The injury suffered must not have been
Simple imprudence consists in the lack of due to any voluntary action or contribution
precaution displayed in those cases in which of the person injured.
the damage impending to be caused is not
immediate or the danger clearly manifest. In
reckless imprudence, the impending damage is
immediate and the danger manifest.
WHAT ARE THE ELEMENTS OF RECKLESS
IMPRUDENCE?
1. The offender does or fails to do an act;
2. The doing or the failure to do that act is
voluntary;
3. Such is without malice;
4. Material damage results from the reckless
imprudence; and
5. There is inexcusable lack of precaution on
the part of the offender, taking into
consideration his employment or
occupation, degree of intelligence,
physical condition and other
circumstances regarding the person, time
and place.