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RPC - Criminal Law Book 2 Notes PDF
RPC - Criminal Law Book 2 Notes PDF
1. Testimony of two witnesses, at least, to the ARTICLE 115 – CONSPIRACY AND PROPOSAL
same overt act TO COMMIT TREASON
2. Confession of the accused in open court
*Conspiracy to commit treason – when in time
*two witness rule – required to prove the overt of war, two or more person come to an
act of giving aid or comfort – not necessary to agreement to levy war against the government
prove adherence or to adhere to the enemies and give aid or
Overt act – physical activity, that deed comfort, and decide to commit it.
that constitute the rendering of aid and
comfort *proposal to commit treason – committed
(requires that the accused be afforded a special when in time of war a person who has decided
protection not required in other cases so as to to levy war against the government or to
avoid a miscarriage of justice) adhere to the enemies and give them aid or
comfort, proposes its execution to some other
*adherence may be proved – (cause state of person or persons.
mind of the offender)
-by one witness *General rule – conspiracy and proposal is not
-from the nature of the act punishable. *Exception – treason – the very
-from the circumstances surrounding the act existence of the state is endangered.
*Art116 is an exception to the rule that mere *other acts of espionage are punished by Com.
silence does not make a person criminally liable. Act No. 616…
ARTICLE 117 – ESPIONAGE *to be liable to the first kind of espionage, the
offender must have the intention to obtain
*Espionage – offense of gathering, transmitting, information relative to the defense of the
or losing information respecting the national Philippines.
defense with intent or reason to believe that (Not necessary that the information, etc.. is
the information is to be used to the injury of the obtained. It is sufficient that he has the purpose
Republic of the Philippines or to the advantage to obtain any of them when he entered a
of any foreign nation. warship, fort or naval or military
establishment.)
*Two ways of committing espionage under
article 117: *Persons liable –
1st espionage – any person, whether a civilian or
1. By entering, without authority therefor, a foreigner, a private individual or a public
a warship, fort or naval or military officer.
establishment or reservation to obtain 2nd espionage – offender must be a public
any information, plans, photographs, or officer who has in his possession the article,
other data of a confidential nature data or information by reason of the public
relative to the defense of the office he holds.
Philippines.
*Espionage vs. Treason
Elements: - Espionage is a crime not conditioned by the
a. That the offender enters any places citizenship of the offender.
mentioned therein. - Treason is committed only in time of war,
b. That he has no authority therefor. while espionage may be committed both in
c. That his purpose is to obtain time of peace and in time of war.
information, plans, photo or other - Treason is limited in two ways of committing
data of a confidential nature the crime: levying war and adhering to the
relative to the defense of the enemy by giving aid or comfort to the enemy,
Philippines. while espionage may be committed in many
ways (com act 616)
2. By disclosing to the representatives of a
foreign nation the contents of the ARTICLE 118 – INCITING TO WAR OR GIVING
articles, data or information referred to MOTIVES FOR REPRISALS
in paragraph 1 of article 117, which he
had in his possession by reason of the *Elements:
public office he holds. 1. That the offender performs unlawful or
unauthorized act.
Elements: 2. Such acts provoke or give occasion for a war
a. That the offender is a public officer. involving or liable to involve the Philippines or
b. That he has in his possession the expose Filipino citizens to reprisals on their
articles, data or information, by persons or property.
reason of the public office he holds.
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*Intention of the offender is immaterial b. that the offender intended to aid the enemy
*committed in time of peace by giving such notice or information, the crime
amounts to treason; hence, the penalty is the
ARTICLE 119 – VIOLATION OF NEUTRALITY same as that for treason.
*violation of such regulation issued by *an alien resident maybe guilty of flight to
competent authority constitutes the crime. enemy country – the allegiance contemplated in
this article is either natural or temporary
ARTICLE 120 – CORRESPONDENCE WITH allegiance.
HOSTILE COUNTRY
*mere attempt to flee or go to enemy country
*Elements: consummates the crime.
1. That it is in time of war in which the
Philippines is involved. *must be prohibited by the government, for the
2. That the offender makes correspondence crime to be committed.
with an enemy country or territory occupied by
the enemy troops. ARTICLE 122 – PIRACY IN GENERAL AND
3. That the correspondence is either: MUTINY ON HIGH SEAS OR IN PHILIPPINE
a. prohibited by the government WATERS
b. carried on in ciphers or conventional
signs. *Two ways or modes of committing piracy:
c. containing notice or information 1. By attacking or seizing a vessel on the high
which might be useful to the enemy. seas or in Philippine waters;
2. By seizing in the vessel while on high seas or
*Correspondence – communication by means in the Philippine waters the whole or part of its
of letter; or it may refer to the letters which cargo, its equipment or personal belongings of
pass between those who have friendly or its competent or passengers.
business relations.
*Elements of Piracy (RPC)
*even if correspondence contains innocent 1. That a vessel is on the high seas or in the
matters, if the correspondence has been Philippine waters;
prohibited by the government, it is punishable. 2. That the offenders are not member of its
complement or passengers of the vessel;
*circumstances qualifying the offense – 3. That the offenders (a) attack or seize that
a. that the notice or information might be vessel, or (b) seize the whole or part of the
useful to the enemy.
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cargo of said vessel, its equipment or personal 1. Whenever the offender have seized the
belongings of its complement or passengers. vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their
*high seas – parts of the seas that are not victim without means of saving themselves; or
included in the exclusive economic zone, in the 3. Whenever the crime is accompanied by
territorial seas, or in the internal waters of a murder, homicide, physical injuries or rape.
state, or in the archipelagic waters of an
archipelagic state. *vessel – any vessel or watercraft used for
transport of passengers and cargo from one
*Piracy – it is robbery or forcible depredation place to another through Philippine waters. It
on the high seas, without lawful authority and shall include all types of vessels or boats used in
done with animo furandi, and in the spirit and fishing.
intention of universal hostility. ( People vs. Lol-
lo, et al) *any person who aids or protects pirates or
abets the commission of piracy shall be
*Mutiny – unlawful resistance to a superior considered as an accomplice.
officer, or the raising of commotions and
disturbances on board a ship against the ANTI-HIJACKING LAW
authority of its commander. RA6235
-if detention exceeded 6 months – RT *if the detention of a person is not for some
legal ground, it will be a case under article 124
RA 9745 ANTI-TORTURE ACT OF 2009 not 125.
*Torture – an act by which severe pain or *Art. 125 applies only when the arrest is made
suffering whether physical or mental is without warrant of arrest. But the arrest must
intentionally afflicted with purposes: be lawful.
1. Getting information or confession *if with warrant of arrest, the person arrested
2. Punishment for an act can be detained indefinitely until his case is
3. Intimidation or coercion for any reason based decided by the court or he posts a bail for
on discrimination temporary release.
*If the offender who enters the dwelling against *Personal property to be seized:
the will of the owner thereof is a private 1. Subject of the offense
individual, the crime committed is trespass to 2. Stolen or embezzled and other proceeds or
dwelling. fruits of the offense
3. Used or intended to be used as the means of
*Authorized only when there is a valid search committing an offense.
warrant.
*Search warrant shall not be issued except
*A peace officer without search warrant cannot upon probable cause in connection with one
lawfully enter the dwelling against the will of specific offense to be determined personally by
the owner, even if he knew that someone in the the judge after examination under oath of the
complainant…
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1. That the act complained of were *Rebellion – more frequently used where the
performed: object of the movement is completely to
a. In a place devoted to religious overthrow and supersede the existing
worship, or government.
b. During the celebration of any
religious ceremony. *Insurrection – more commonly employed in
2. That the acts must be notoriously reference to a movement which seeks merely to
offensive to the feelings of the faithful. effect some change of minor importance, or to
prevent the exercise of governmental authority
*Religious ceremonies – those religious acts with respect to particular matters or subjects.
performed outside of a church, such as
procession and special prayers for burying dead *There must be a public uprising and the taking
persons. up of arms.
*Acts notoriously offensive to the feelings of *Actual clash of arms with the forces of the
the faithful – acts must be directed against government, not necessary to convict the
religious practice or dogma or ritual for the accused who is in conspiracy by others, actually
purpose of ridicule, as mocking or scoffing at or taking arms against the government.
attempting to damage an object of religious
veneration (People vs. Baes) *The purpose of uprising must be shown to be
*There must be deliberate intent to hurt the convicted of rebellion.
feelings of the faithful.
*The crime of rebellion is complete the very
ARTICLE 134 – REBELLION OR INSURRECTION moment a group of rebels rise publicly and take
arms against the government.
*Elements:
*Rebellion vs. Treason
1. That there be (a) public uprising and (b) - The levying of war against the government
taking arms against the government. would constitute treason when performed to
2. That the purpose of the uprising or aid the enemy.
movement is either –
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- Levying of war against the government during a. Any person who (1)
peace time for any purposes mentioned in participates, or (2) executes the
article 134 is Rebellion. commands of others in
- Rebellion always involves taking up arms rebellion or insurrection.
against the government; treason may be b. Any person in the government
committed by mere adherence to the enemy by service who:
giving them aid or comfort. i. Participates
ii. Executes directions or
*Giving aid and comfort not criminal in command of others in
rebellion. undertaking a coup d’
etat;
*No complex crime to rebellion – provided it is c. Any person not in government
for the furtherance of rebellion. service who:
i. Participates
ARTICLE 134-A – COUP D’ ETAT ii. Supports
iii. Finances
*Elements: iv. Abets
v. Aids in undertaking a
1. That the offender is a person or persons coup d’ etat.
belonging to the military or police or
holding any public office or *Public officer must take active part, to be
employment. liable; mere silence or omission not punishable
2. That it is committed by means of a swift in rebellion.
attack accompanied by violence,
intimidation, threat, strategy or stealth. *The leader of rebellion, insurrection or coup d’
3. That the attack is directed against duly etat in case he is unknown – any person who in
constituted authorities of the Republic fact directed the others, spoke for them, signed
of the Philippines, or any military camp receipts and other documents issued in their
or installation, communication name, or performed similar acts, on behalf of
networks, public utilities or other the rebels shall be deemed a leader of such
facilities needed for the exercise and rebellion, insurrection or coup d’ etat.
continued possession of power.
4. That the purpose of the attack is to *It is not a defense in rebellion that the accused
seize or diminish state power. never took the oath of allegiance to, or that
they never recognized the government. (US vs.
ARTICLE 135 – PERSONS LIABLE FOR Del Rosario)
REBELLION, INSURRECTION AND/OR COUP D’
ETAT *No complex crime of rebellion with murder
and other common crimes.
1. The leaders - any or all of the acts described in article 135,
a. Any person who (1) promotes when committed as means to or in furtherance
(2) maintains or (3) heads a of the subversive ends described in art 134,
rebellion or insurrection; or becomes absorbed in the crime of rebellion and
b. Any person who (1) leads (2) cannot be regarded or penalized as distinct
direct or (3) commands others crimes in themselves.
to undertake a coup d’ etat.
2. The participants
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*The offender under article 137 must not be in *The ultimate object of sedition is violation of
conspiracy with the rebels. the public peace.
*In sedition, the offender need not be private 1. That the offender does not take direct
individuals. part in the crime of sedition.
2. That he incites others to the
*Public uprising and an object of sedition must accomplishment of any of the acts
together concur. which constitute sedition.
3. That the inciting is done by means of
*Common crimes are not absorbed in sedition – speeches, proclamations, writings,
two separate crimes. (Except – unlicensed emblem, cartoons, banners, or other
firearms, it is absorbed in the crime of sedition representations tending to the same
because of its element – tumultuous) end.
ARTICLE 140 – PENALTY FOR SEDITION *uttering seditious words or speeches and
writing, publishing or circulating scurrilous libels
*Persons liable for sedition: are punishable when:
1. The leader of the sedition – PMayor - min and 1. They tend to disturb or obstruct any lawful
fine not exceeding P10,000. officer in executing the functions of his office;
2. Other persons participating in the sedition – 2. They tend to instigate others to cabal and
PC – max and fine not exceeding P5,000. meet together for unlawful purposes;
3. They suggest or incite rebellious conspiracies
ARTICLE 141 – CONSPIRACY TO COMMIT or riots.
SEDITION 4. They lead or tend to stir up the people
against the lawful authorities or to disturb the
*There must be an agreement and decision to peace of the community, the safety and order
rise publicly and tumultuously to attain any of of the government.
the objects of sedition.
*It is not necessary, in order to be seditious,
*There is no proposal to commit sedition – not that the words used should in fact result in a
punished. rising of the people against the constituted
authorities.
ARTICLE 142 – INCITING TO SEDITION (The law is not aimed merely at actual
disturbance as its purpose is also to punish
*Different acts of inciting to sedition: utterances which may endanger public order.)
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1. That there be a meeting of the National 1. That the offender uses force,
Assembly or any of its committees or intimidation, threats or fraud.
subcommittees, constitutional 2. That the purpose of the offender is to
commission or committees or division prevent any member of the National
thereof, or of any provincial board or Assembly from:
city or municipal council or board. a. Attending the meetings of the
2. That the offender does any of the National Assembly or of any of
following acts: its committees or
a. He disturbs any of such subcommittees, constitutional
meetings commission or committees or
b. He behaves while in the division thereof.
presence of any of such bodies b. Expressing his opinions.
in such a manner as to interrupt c. Casting his votes
its proceedings or to impair the
respect due to it. *Elements of 2nd:
*It must be a meeting of a legislative body or of
provincial board or city or municipal council or 1. That the offender is a public officer or
board which is disturbed. employee.
2. That he arrests or searches any member
*One who disturbs the proceedings of the of the National Assembly.
National Assembly may also be punished for 3. That the Assembly, at the time of the
contempt by the Assembly. arrest or search, is in regular or special
session.
ARTICLE 145 – VIOLATION OF PARLIAMENTARY 4. That the member arrested or searched
IMMUNITY has not committed a crime punishable
under the code by a penalty of prision
*Acts punishable: mayor or higher.
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*Two ways of committing direct assault: - The force need not be serious when the
offended party is a person in authority.
1. Without public uprising by employing
force or intimidation for the attainment *The intimidation or resistance must be serious
of any of the purposes enumerated in whether the offended party is an agent or
defining the crimes of rebellion and person in authority.
sedition.
2. Without public uprising, by attacking, *The intimidation must produce its effects
by employing force and intimidation or immediately.
seriously resisting any person in the
performance of official duties, or on the *Person in authority – any person directly
occasion of such performance. vested with jurisdiction, whether as an
individual or as a member of some court or
*Elements of 1st form of direct assault: governmental corporation, board, or
commission. (The power or authority to govern
1. That the offender employs force or and execute laws.)
intimidation.
2. That the aim of the offender is to attain *Agent of a person in authority – one who, by
any of the purposes of the crime of direct provision of law or by election or by
rebellion or any of the objects in the appointment by competent authority, is
crime of sedition. charged with the maintenance of public order
3. That there is no public uprising. and the protection and security of life and
property.
*Elements of 2nd form of direct assault:
*Two kinds of direct assault of the 2nd form:
1. That the offender (a) makes an attack, 1. Simple assault
(b) by employing force, (c) makes a 2. Qualified assault
serious intimidation or (d) makes a
serious resistance. *Direct assault is qualified:
2. That the person assaulted is a person in 1. When the assault is committed with a
authority or his agent. weapon.
3. That at the time of the assault the 2. When the offender is a public officer or
person in authority or his agent (a) is employee.
engaged in actual performance of 3. When the offender lays hand upon a person
official duties, or that he is assaulted (b) in authority.
by reason of past performance of
official duties. *Crime of slight physical injuries is absorbed in
4. That the offender knows that the one direct assault – inherent.
he is assaulting is a person in authority
or his agent in the exercise of his duties ARTICLE 149 – INDIRECT ASSAULT
5. That there is no public uprising.
*Elements:
*Shall attack – any offensive movement or
action of any kind. 1. That the person in authority or his
agent is the victim of any of the forms
*Employ force – of direct assault in article 148.
- If agent of a person in authority – force must 2. That a person comes to the aid of such
be of serious character. person in authority or his agent.
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3. That the offender makes use of force or ARTICLE 151 – RESISTANCE AND DISOBEDIENCE
intimidation upon such person coming TO A PERSON IN AUTHORITY OR THE AGENT
to the aid of the person in authority or OF SUCH PERSON
his agent.
*Elements of resistance and serious
*Indirect assault can be committed only when a disobedience:
direct assault is committed.
1. That a person in authority or his agent
ARTICLE 150 – DISOBEDIENCE TO SUMMONS is engaged in the performance of
ISSUED BY THE NATIONAL ASSEMBLY, ITS official duty or gives a lawful order to
COMMITTEES OR SUBCOMMITTEES, BY the offender.
CONSTITUTIONAL COMMISSION, 2. That the offender resists or seriously
COMMITTEES, SUBCOMMITTEES OR disobeys such person in authority or his
DIVISIONS. agent.
3. That the act of the offender is not
*Acts punished: included in the provisions of the articles
148, 149 and 150.
1. By refusing, without legal excuse, to
obey summons of the National *Elements of simple disobedience:
Assembly, its committees or
subcommittees, by constitutional 1. That an agent of a person in authority is
commission, committees, engaged in the performance of official
subcommittees or division. duty or gives lawful order to the
2. By refusing to be sworn or placed under offender.
affirmation while being before such 2. That the offender disobeys such agent
legislative or constitutional body or of a person in authority.
official. 3. That such disobedience is not a serious
3. By refusing to answer any legal inquiry nature.
or to produce any books, papers, *The offended party must be only an agent of a
documents, or records in his person in authority.
possession, when required by them to
do so in the exercise of their function. *Direct assault vs. Resistance or serious
4. By restraining another from attending disobedience –
as a witness in such legislative or
constitutional body. - Direct assault 1st form – Person in authority or
5. By inducing disobedience to a summons his agent must be engaged in the performance
or refusal to be sworn by any such body of official duties or that he is assaulted by
or official. reason thereof.
- Serious disobedience – The person in authority
*Only disobedience without legal excuse is or his agent must be in actual performance of
punishable. his duties.
*May not apply when papers or documents -Direct assault 2nd form – committed in four
may be used as evidence against the owner ways (a) by attacking (b) by employing force (b)
thereof. by seriously intimidating (d) by seriously
resisting a person in authority or his agent.
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*The offender must know that the news is false *Hospitals or asylums are considered extension
– It must endanger or may endanger the public of jail or prison.
order.
*If the crime committed by the prisoner for
ARTICLE 155 – ALARMS AND SCANDALS which he is confined is treason, murder or
parricide, the act of taking the place of the
*Acts punished: prisoner in the prison is that of an accessory –
because he assisted in the escape of the
1. Discharging any firearm, rocket, principal.
firecracker, or other explosive within
any town or public place calculated to *If the person/prisoner removed or escaped is
cause alarm or danger. made possible by the commission of article 156
2. Instigating or taking an active part in is a detention prisoner, such prisoner is not
any charivari or other disorderly criminally liable. Only those who evade the
meeting offensive to another or service of their sentence are criminally liable.
prejudicial to public tranquility.
3. Disturbing the public peace while ARTICLE 157 – EVASION OF SERVICE OF
wandering about at night or while SENTENCE
engaged in any other nocturnal
amusement. *Elements:
4. Causing any disturbance or scandal in
public places while intoxicated or 1. That the offender is a convict by final
otherwise provided article 153 is not judgment.
applicable. 2. That he is serving his sentence which
consists in deprivation of liberty.
*The discharge of firearm should not be aimed 3. That he evades the service of his
at a person; otherwise, the offense would fall sentence by escaping during the term
under article 254, punishing discharge of of his sentence.
firearms.
*The sentence must be by reason of final
*Charivari – a medley of discordant voices, a judgment. – Not applicable to sentence
mock serenade of discordant noises made on executed by deportation.
kettles, tins, horns. Designed to annoy and
insult. *It should be by escaping during the term of his
sentence which consists in deprivation of
ARTICLE 156 – DELIVERING PRISONERS FROM liberty.
JAIL
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*Article 157 is applicable to sentence of *What is punished is not the leaving of the
destierro. penal institution, but the failure of the convict
to give himself up to the authorities within 48
*Circumstances qualifying the offense – if such hours after the proclamation announcing the
evasion or escape takes place: passing away of the calamity.
1. By means of unlawful entry; *If the offender fails to give himself up, he gets
2. By breaking doors, windows, gates, an increased penalty – increase of 1/5 of the
walls, roofs, or floors; time still remaining to be served under the
3. By using picklocks, false keys, disguise, original sentence. (But not to exceed 6 months)
deceit, violence or intimidation;
4. Through connivance with other convicts *If the offender gives himself up, he is entitled
or employees of the penal institution. to a deduction of 1/5 of his sentence.
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*The period when convict was at liberty, not *A quasi-recidivist may be pardoned at the age
deducted in case he is recommitted. of 70 years – when he has already served out
his original sentence, or when he shall complete
ARTICLE 160 – COMMISSION OF ANOTHER it after reaching the said age, unless by reason
CRIME DURING SERVICE OF PENALTY IMPOSED of his conduct or other circumstances he shall
FOR ANOTHER PREVIOUS OFFENSE not be worthy of such clemency.
*But only a convict who is not a habitual
*Quasi-recidivism – is a special aggravating criminal shall be pardoned.
circumstance where a person, after having been
convicted by final judgment, shall commit a new ARTICLE 161 – COUNTERFEITING THE GREAT
felony before beginning to serve such sentence, SEAL OF THE GOVERNMENT OF THE PHILIPPINE
or while serving the same. ISLAND, FORGING THE SIGNATURE OR STAMP
OF THE CHIEF EXECUTIVE
*He shall be punished by the maximum period
of the penalty prescribed by law for the new *Acts punished:
penalty.
1. Forging the great seal of the
*Elements: government of the Philippines.
2. Forging the signature of the President.
1. That the offender was already 3. Forging the stamp of the President.
convicted by final judgment of one
offense. *Great seal – circular in form, with arms
2. That he committed a new felony before consisting of paleways of two pieces, azures and
beginning to serve such sentence or gules; chief argent studded with three golden
while serving the same. star equidistant from each other, in point of
honor, ovoid argent over the sun rayonnant
*The second crime must be a felony (RPC) – but with eight minor and lesser rays; in sinister base
the first crime for which the offender is serving gules, the lion rampant of spain; in dexter base
sentence need not be a felony. azure, the American eagle displayed proper;
and surrounding the whole is a double marginal
*The new offense need not be of different circle within which are the words “Republic of
character from that of the former offense. the Philippines.”
*Quasi-recidivism does not require that the two *The great seal shall be and remain in the
offenses are embraced in the same title of the custody of the President of the Philippines, and
code – only in recidivism that it is required – shall be affixed to or placed upon all
article 14 no. 9 commissions signed by him, and signed by him,
and upon such other official documents and
*Quasi-recidivism vs. reiteracion papers of the Republic of the Philippines as may
- Reiteracion requires that the offender against by law be provided, or as may be required by
whom it is considered shall have served out his custom and usage in the discretion of the
sentences for the prior offenses. President of the Philippines.
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*Counterfeiting – imitation of a legal or genuine *Mutilation – to take off part of the metal
coin. – There must be an imitation of the either by filling it or substituting it for another
peculiar design of a genuine coin. (US vs. Basco) metal of inferior quality.
*Import – means to bring them into port – the *The coin must be of legal tender in mutilation.
importation is complete before entry at the *Coins of foreign country are not included.
customs house. *The coin mutilated must be genuine and has
not been withdrawn from circulation.
*Utter – to pass counterfeited coins. – It
includes their delivery or the act of giving them ARTICLE 165 – SELLING OF FALSE OR
away. MUTILATED COINS, WITHOUT CONNIVANCE
intent to utter the same, knowing that 3. Uttering of such false or forged
it is false or mutilated. obligations or notes in connivance with
2. Actually uttering such false or mutilated the forgers or importers.
coin, knowing the same to be false or
mutilated. *Forging and falsification:
-Forging – committed by giving to a treasury or
*Elements of 1st act: bank note or any instrument payable to bearer
or to order the appearance of a true and
a. Possession genuine document.
b. With intent to utter, and -Falsification – committed by erasing,
c. Knowledge substituting, counterfeiting, or altering by any
*Elements of 2nd act: means, the figures, letters, words, or signs
contained therein.
a. Actually uttering, and
b. Knowledge *To forge an instrument is to make false
instrument intended to be passed for the
*Possession of or uttering false coins does not genuine one.
require that the counterfeited coin is legal
tender. *Importation of false or forged obligations or
notes – to bring them into the Philippines,
*But if the coin being uttered or possessed with which presuppose that, the obligation or notes
intent to utter is a mutilated coin, it must be are forged or falsified in a foreign country.
legal tender coin.
*Uttering false or forged obligation or notes –
*Constructive possession of such coin is offering obligations or notes knowing them to
included. be false or forged, whether such offer is
accepted or not, with a representation, by
*Actually uttering false or mutilated coin, words or actions, that they are not genuine and
knowing it to be false or mutilated, is a crime with an intent to defraud.
under article 165, even if the offender was not
in connivance with the counterfeiter or *Uttering forged bill must be with connivance
mutilator. to constitute violation of article 166.
*The accused must have knowledge of the fact *Notes and other obligations and securities that
that the coin is false. may be forged or falsified:
1. Treasury or bank notes
ARTICLE 166 – FORGING TREASURY OR BANK 2. Certificates
NOTES OR OTHER DOCUMENTS PAYABLE TO 3. Other obligations and securities payable to
BEARER, IMPORTING, AND UTTERING SUCH bearer.
FALSE OR FORGED NOTES AND DOCUMENTS.
*A bank note, certificate or obligation and
*Acts punished: security is payable to bearer when it can be
negotiated by mere delivery.
1. Forging or falsification of treasury or
bank notes or other documents payable *The instrument is payable to bearer –
to bearer.
2. Importation of such false or forged a. When it is expressed to be so payable;
obligations or notes. or
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*The code punishes forging or falsification of *Article 167 covers instrument or other
bank notes and of documents of credit payable documents of credit issued by a foreign
to bearer and issued by the state more severely government or bank.
than counterfeiting of coins.
*Reason for punishing forgery – to maintain the
*Obligation or security of US and other foreign integrity of the currency and thus insure the
countries are included under this provision. credit standing of the government and prevent
the imposition on the public and the
*Obligation or security of the Philippines: government of worthless notes or obligations.
*Mere possession of false money bill, without *Municipal council should include the city
intent to use it to the damage of another, is not council or municipal board.
a crime.
*The bill, resolution or ordinance must be
ARTICLE 169 – HOW FORGERY IS COMMITTED genuine.
2. That the two signatures or handwriting, the 3. That the facts narrated by the offender
genuine and the forged, bear some are absolutely false.
resemblance to each other. 4. The perversion of truth in the narration
of facts was made with the wrongful
*There must be an intent or attempt to imitate intent of injuring a third person.
– if there is sufficient resemblance.
*There must be narration of facts, not of
*Feign – represent by a false appearance; to conclusion of law.
give a mental existence to; to imagine.
*The perversion of truth in the narration of
*Paragraph 2 – Causing it to appear that facts must be made with the wrongful intent of
persons have participated in an act or a injuring a third person.
proceeding
*Wrongful intent, not essential in falsification of
*Requisites: public document.
1. That the offender caused it to appear in *There is no falsification by one acted in good
a document that a person or persons faith.
participated in an act or a proceeding.
2. That such person or persons did not in *Paragraph 5 – Altering true dates
fact so participate in the act or
proceeding. *There is falsification when the date is
essential.
*Paragraph 3 – Attributing to persons who
have participated in any act or proceeding *Paragraph 6 – Making alteration or
statement other than those in fact made by intercalation in a genuine document which
them changes its meaning
*Requisites: *Requisites:
*Paragraph 4 – Making untruthful statements *Alteration which speaks the truth is not
in a narration of facts falsification.
*Elements: *Elements:
1. That the offender is a private individual 1. That the offender committed any of the
or a public officer or employee who did acts of falsification, except those in
not take advantage of his official paragraph 7, enumerated in article 171.
position. 2. Falsification was committed in any
2. The he committed any of the acts of private document.
falsification enumerated in article 171. 3. The falsification caused damage to a
3. That the falsification was committed in third party or at least the falsification
a public or official or commercial was committed with intent to cause
document. such damage.
*The offender should not be a public officer, *Falsification of public document may be
employee, or notary public, who takes complexed to estafa, theft or malversation.
advantage of his official position.
*No falsification of private document through
*Kinds of documents: reckless imprudence
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*Uttering fictitious message or falsifying the 1. That a physician or surgeon has issued a
same (Paragraph 1) false medical certificate, or a public
officer had issued false certificate of
*Elements:
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merit or a private individual falsified *There must be positive, express and explicit
any of the said certificates. representation.
2. That the offender knew that the
certificate was false. *False representation may be shown by acts.
3. That he used the same.
*Article 177 may be violated by a public officer.
ARTICLE 176 – MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR *Usurper – one who, introduces himself into an
IMPLEMENT FOR FALSIFICATION office that is vacant, or who, without color of
title, ousts the government and assume to act
*Acts punished: as an officer by exercising some of the functions
of the office.
1. Making or introducing into the
Philippines any stamps, dies, marks or *Article 177 punishes usurpation of authority or
other instruments or implements for official functions of any officer of any foreign
counterfeiting or falsification. government.
2. Possessing with intent to use the
instruments or implements for ARTICLE 178 – USING FICTITIOUS NAME AND
counterfeiting or falsification made in CONCEALING TRUE NAME
or introduced into the Philippines by
another person. *Elements: (Using fictitious name)
*The implements confiscated need not form a 1. That the offender uses a name other
complete set. than his real name.
2. That he uses that fictitious name
ARTICLE 177 – USURPATION OF AUTHORITY OR publicly.
OFFICIAL FUNCTIONS 3. That the purpose of the offender is:
a. To conceal a crime;
*Two offense in article 177 – b. To evade the execution of a
- Usurpation of authority judgment; or
- Usurpation of official functions c. To cause damage to public
interest.
*Two ways of committing the crime:
*Fictitious name – any other name which a
1. By knowingly and falsely representing person publicly applies to himself without
oneself to be an officer, agent or authority of law.
representative of any department or
agency of the Philippine government or *Causing damage must be to public interest, if
any foreign government. the damage is private interest, the crime will be
2. By performing any act pertaining to any estafa.
person in authority or public officer of
the Philippine government or of a *Signing fictitious name in an application for
foreign government or any agency passport is publicly using such fictitious name.
thereof, under pretense of official
position, and without being lawfully *Elements: (Concealing true name)
entitled to do so.
1. That the offender conceals –
a. His true name; and
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*Article 182 is not applicable when false *Material Matter – it is the main fact which is
testimony is given in special proceedings. the subject of the inquiry or any circumstances
which tend to prove that fact.
*Whether or not the testimonies of private
respondent in the civil case are false is a *The matter is material when it is directed to
prejudicial question. prove a fact in issue. – Relevant when it tends in
any reasonable degree to establish the
ARTICLE 183 – FALSE TESTIMONY IN OTHER probability of a fact in issue. – Pertinent
CASES AND PERJURY IN SOLEMN concern collateral matter which makes more or
AFFIRMATION less probable the proposition at issues.
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*No perjury if sworn statement is not material ARTICLES 188-189-RA 8293 – INTELLECTUAL
to the principal matter under investigation. PROPERTY CODE OF THE PHILIPPINES
*Article 183 catches everything else under 180, ARTICLES 190-193 REPEALED BY
181 and 182. COMPREHENSIVE DANGEROUS DRUGS ACT.
1. That the offender offered in evidence a *Does not require that there must be giving of
false witness or false testimony. the price/money, it suffice that the crime was
2. That he knew the witness or the established.
testimony was false.
3. That the offer was made in a judicial or *General rule – the testimony of the poseur-
official proceeding. buyer is not indispensable in a case of illegal
sale of dangerous drugs.
*Begins the moment a witness is called to the *Exception – when the accused denies the
witness stand and interrogated by counsel. existence of the said transaction. If the
prosecution failed to present the poseur-buyer
*The witness having desisted before he could to testify in court, it will amount to the
testify on any material matter is not liable. dismissal of the case.
*Section 7 – even the employees who are 2. After a confirmatory test, he was found
aware of the nature of the said den, dive or to be positive for the use of any
resort for the use of and sale of dangerous dangerous drugs.
drugs are criminally liable. – Even persons 3. No other amount of dangerous drugs
whore are not employees, which knowingly visit must be found in his possession.
the same place despite the knowledge of the
nature of the said places are criminally liable. *Mandatory drug testing:
- Driver’s license
*Section 8 – Manufacture of dangerous drugs: - Firearms license
- The presence if any controlled precursor and - High school and college students
essential chemical or laboratory equipment in - Law enforcement officers/employee
the clandestine laboratory is a prima facie - Candidates for public office
evidence of manufacture of any dangerous (Except – President, VP, members of the
drugs. (Production, preparation, combining, or congress – it is not required for it will be
processing of dangerous drugs) unconstitutional.)
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*Proper test as regard such pictures: a. When the trafficked person is a child.
1. Whether the motive of the picture, as b. Inter-country adoption.
indicated by it, is pure or impure. c. When committed by a syndicate, or in
2. Whether it is naturally calculated to excite large scale.
impure imaginations. d. Offender is an ascendant, parent,
sibling, guardian or a person who
*Mere possession of obscene materials is not exercise authority over the trafficked
punishable – without intention to sell, exhibit or person or by public officer or employee.
give them away. e. When the trafficked person is recruited
to engage in prostitution with any
*Pictures with slight degree of obscenity, not members of the military or law
used for arts sake but for commercial purposes, enforcement agencies.
fall under this article. f. When the offender is a member of the
military or law enforcement agencies.
ARTICLE 202 – VAGRANTS AND PROSTITUTES g. The offender party dies, becomes
insane, suffers mutilation or is afflicted
*Vagrancy has been decriminalized by RA10158. with HIV or AIDS.
We no longer have the crime of vagrancy. No
person can longer be prosecuted for being a *Syndicate – if carried out by a group of 3 or
vagrant. more persons conspiring or confederating with
another.
*Prostitute – are women who habitually indulge *Large scale – if committed against 3 or more
in (1) sexual intercourse or (2) lascivious persons individually or a group.
conduct, for money or profit.
*Any person who has personal knowledge of
RA 9208 – THE ANTI-TRAFFICKING IN PERSONS the commission of any offense under this act,
ACT OF 2003 the trafficked persons, the parent, spouse,
siblings, children, or legal guardian may file a
*Trafficking in persons – refers to the complaint for trafficking.
recruitment transportation, transfer or
harboring, or receipt of persons with or without *Trafficking cases under this act shall prescribe
the victim’s knowledge or consent, within or in 10 years – if committed by syndicate or in
across national borders by means of threat or large scale 20 years.
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ARTICLE 203 – WHO ARE PUBLIC OFFICERS ARTICLE 205 – JUDGMENT RENDERED
THROUGH NEGLIGENCE
*To be a public officer, one must be:
*Elements:
1. Taking part in the performance of
public functions in the government or 1. That the offender is a judge.
performing in said document or in any 2. That he renders a judgment in case
of its branches, public duties as an submitted to him for decision.
employee, agent or subordinate official, 3. That the judgment is manifestly unjust.
of any rank or class. 4. Due to his unreasonable negligence or
2. That his authority to take part in the ignorance.
performance of public functions or to
perform public duties must be – ARTICLE 206 – UNJUST INTERLOCUTORY
a. By direct provision of the law ORDER
b. By popular election
c. By appointment by competent *Elements:
authority
1. That the offender is a judge.
*Government laborer is not a public officer. – 2. That he performs any of the following
But temporary performance of public functions acts:
by a laborer makes him a public officer. a. Knowingly renders unjust
interlocutory orders or decree.
*Misfeasance – Improper performance of some b. Renders a manifestly unjust
act which might lawfully done. interlocutory orders or decree
*Malfeasance – Performance of some act which through inexcusable negligence
ought not to be done. or ignorance.
*Nonfeasance – omission of some act which
ought to be performed. ARTICLE 207 – MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
204 – 212 KULANG NOTES. EDIT.
*Elements:
ANTI-GRAFT AND CORRUPT PRACTICES ACT –
RA 3019 1. That the offender is a judge.
2. That there is a proceeding in the court.
ANTI-PUNDER ACT – RA 7080 3. He delays the administration of justice.
4. That the delay is malicious, that is, the
ARTICLE 204 KNOWINGLY RENDERING UNJUST delay is caused by the judge with
JUDGMENT
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*Elements: *Elements:
1. That the offender is a public officer. 1. That the offender makes offer or
2. That the offender accepts an offer or promise or gives gift or present to a
promise or receives a gift or present by public officer.
himself or through another. 2. That the offer or promise are made or
3. That such offer: the gifts or presents given to a public
a. With a view to committing officer, under circumstances that will
some crime. make the public officer liable for direct
b. In consideration of the bribery or indirect bribery.
execution of an act which does
not constitute a crime but the ARTICLE 213 – FRAUDS AGAINST THE PUBLIC
act must be unlawful. TREASURY AND SIMILAR OFFENSES
c. In refraining from doing
something which is his official *Acts punished:
duty to do.
4. That the act which the offender agrees 1. By entering into an agreement with any
to perform or which he executes be interested party or speculator or
connected with the performance of his making use of any other scheme, to
official duty. defraud the Government in dealing with
any person with regard to furnishing
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supplies, the making of contracts, or the 1. That the offender is a public officer
adjustment or settlement of accounts entrusted with the collection of taxes,
relating to public property or funds. licenses, fees and other imposts.
2. By demanding, directly or indirectly, the 2. That he is guilty of any of the following
payment of sums different from or acts or omission –
larger than those authorized by law, in a. Demanding, directly or
the collection of taxes, licenses, fees indirectly, the payment of sums
and other imposts. different from or larger than
3. By failing voluntary to issue a receipt, those authorized by law.
as provided by law, for any sum of b. Failing voluntarily to issue a
money collected by him officially, in the receipt, as provided by law, for
collection of taxes, licenses, fees and any sum of money collected by
other imposts. him officially.
4. By collecting or receiving, directly or c. Collecting or receiving, directly
indirectly, of payment or otherwise, or indirectly, by way of
things or objects of a nature different payment or otherwise, things or
from that provided by law, in the object of a nature different
collection of taxes, licenses, fees and from that provided by law.
other imposts.
*Mere demand for larger or different amount is
*Elements of frauds against public treasury: sufficient to consummate the crime.
1. That the offender be a public officer. *Collecting officer must issue official receipts –
2. That he should have taken advantage of without it he is liable of illegal exaction.
his office, that is, he intervened in the
transaction in his official capacity. *When there is deceit in demanding greater
3. That he entered into an agreement with fees than those prescribed by law, the crime
any interested party or speculator or committed is estafa and not illegal exaction.
made use of any other scheme with
regard to (1) furnishing supplies, (2) the *Article 213 is not applicable if the offender is
making of contracts, or (3) the an officer or employee of BIR or BOC.
adjustment or settlement of accounts
relating to public property or funds. ARTICLE 214 – OTHER FRAUDS
4. That the accused had intent to defraud
the government. *Elements:
*The public officer must act in his official 1. That the offender is a public officer.
capacity. 2. That he takes advantage of his position.
3. That he commits any of the frauds or
*The crime of fraud against public treasury is deceits enumerated in articles 315-318.
consummated by merely entering into an
agreement with any interested party or *Articles 315 – 318 are estafa, other forms of
speculator or by merely making use of any swindling, swindling minor, and other deceit.
other scheme to defraud the government.
ARTICLE 215 – PROHIBITED TRANSACTIONS
*Elements of illegal exactions:
*Elements:
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3. Such public fund or property has been by public authority, even if such
appropriated by law or ordinance. property belongs to a private individual.
4. That he applies the same to a public use
other than that for which such fund or ARTICLE 223 – CONNIVING WITH OR
property has been appropriated by law CONSENTING TO EVASION
or ordinance.
*Elements:
*There is no technical malversation if there is
no a law or ordinance appropriating public fund 1. That the offender is a public officer.
or property for a particular purpose. 2. That he had in his custody or charge, a
prisoner either detention prisoner or
*Technical malversation is not included in nor prisoner by final judgment.
does it necessarily include the crime of 3. That such prisoner escaped from his
malversation of public funds. custody.
4. That he was in connivance with the
ARTICLE 221 – FAILURE TO MAKE DELIVERY OF prisoner in the latter escape.
FUNDS OR PROPERTY
*Connivance with the prisoner in his escape is
*Acts punished: an indispensable element of the offense.
*Elements of failure to make payment: *Release of detention prisoner who could not
be delivered to the judicial authority within the
1. The public officer has government time fixed by law, is not infidelity in the custody
funds in his possession. of prisoner.
2. He is under obligation to make payment
from such funds. *Leniency or laxity is not infidelity.
3. He fails to make the payment
maliciously. *Relaxation of imprisonment is considered
infidelity.
*Private individuals who may be liable under
217-221 – ARTCILE 224 – EVASION THROUGH
NEGLIGENCE
1. Private individuals who, in any capacity
whatever, have charge of any national, *Elements:
provincial or municipal funds, revenue
or property. 1. That the offender is a public officer.
2. Administrator or depository funds or 2. That he is charged with the conveyance
property, attached, seized or deposited or custody of a prisoner, either
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1. That the offender is a public officer. *This article does not apply if the order of the
2. That he knows of the secret of a private superior is illegal.
individual by reason of his office.
3. That he reveals such secrets without ARTICLE 233 – REFUSAL OF ASSISTANCE
authority or justifiable reason.
*Elements:
*Revelation to one person is sufficient.
*Article 230 is not applicable when the offender 1. That the offender is a public officer.
is an attorney at law or a solicitor but article 2. That a competent authority demands
209. from the offender that he lend his
cooperation towards the administration
*Damage to private individuals not necessary. of justice or other public service.
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*Damage to public interest or to a third party is *Offender may also be liable for physical
essential. injuries or damage caused, no complex –
separate.
ARTICLE 234 – REFUSAL TO DISCHARGE
ELECTIVE OFFICE ARTICLE 236 – ANTICIPATION OF DUTIES OF A
PUBLIC OFFICE
*Elements:
*Elements:
1. That the offender is elected by popular
election to a public office. 1. That the offender is entitled to hold a
2. That he refuses to be sworn in or to public office or employment, either by
discharge the duties of said office. election or appointment.
3. That there is no legal motive for such 2. That the law requires that he should
refusal to be sworn in or to discharge first be sworn in and/or should first give
the duties of said office. a bond.
3. That he assumes the performance of
*Shall refuse without legal motives. the duties and powers of such office.
4. That he has not taken his oath of office
*Article 234 is not applicable to appointive and/or given the bond required by law.
officer.
ARTICLE 237 – PROLONGING PERFORMANCE
ARTICLE 235 – MALTREATMENT OF PRISONERS OF DUTIES AND POWERS
*Elements: *Elements:
1. That the offender is a public officer or 1. That the offender is holding a public
employee. office.
2. That he has under his charge a prisoner 2. That the period provided by law,
or detention prisoner. regulation or special provision for
3. That he maltreats such prisoner in holding such, has already expired.
either of the following manners: 3. That he continues to exercise the duties
a. By overdoing himself in the and powers of such office.
correction or handling of a
prisoner or detention prisoner ARTICLE 238 – ABANDONMENT OF OFFICE OR
under his charge either – POSITION
i. By the imposition of
punishments not *Elements:
authorized by the
regulation, or 1. That the offender is a public officer.
ii. By inflicting such 2. That he formally resigns from his
punishment in a cruel position.
and humiliating 3. That his resignation has not yet been
manner; or accepted.
b. By maltreating such prisoner to 4. That he abandons his office to the
extort a confession or to obtain detriment of the public service.
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ARTICLE 242 – DISOBEYING REQUEST FOR 1. That the offender is a public officer.
DISQUALIFICATION 2. That he solicits or make immoral or
indecent advances to a woman.
*Elements: 3. That such woman must be –
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*Article 247 does not define and penalize a 1. That a person was killed.
felony. 2. That the accused killed him.
3. That the killing was attended by any of
*The accused must be legally married person. the qualifying circumstances mentioned
in article 248.
*Parent may not be legitimate, it requires only 4. That the killing is not parricide or
(1) that the daughter be less than 18 years old, infanticide.
and (2) that she is living with her parents.
*Qualifying circumstances –
*Surprise – to come upon suddenly and
unexpectedly. 1. Treachery, taking advantage of superior
strength, with the aid of armed men, or
*Surprising the spouse or young daughter in the employing means to weaken the
act of sexual intercourse, indispensable defense, or of means or persons to
requisite – not before, not after. insure or afford impunity.
2. In consideration of price, reward or
*Article 247 is not applicable when the accused promise.
did not see his spouse in the act of sexual 3. By means of inundation, fire, poison,
intercourse with another person. explosion, shipwreck, stranding of
vessel, derailment or assault upon a
*Sexual intercourse does not include railroad, fall of an airship, by means of
preparatory acts (According to J. Laurel mali motor vehicles, or with the use of any
daw mga justices nagtampo.) other means involving great waste and
ruin.
*The killing or inflicting of serious physical 4. On occasion of any calamities, or of an
injuries must be: earthquake, eruption of a volcano,
destructive cyclone, epidemic or any
1. In the act of sexual intercourse. other public calamities.
2. Immediately thereafter. – there must 5. With evident premeditation.
not be lapse of time between the 6. With cruelty, by deliberately and
surprising and killing (must be a inhumanly augmenting the suffering of
continuing process) the victim or outraging or scoffing at his
person or corpse.
*The killing must be the direct by-product of
the accused rage. *In murder, the victim must be killed to
consummate the crime.
*Justification of article 247 – considers the
spouse or parent as acting in a justified burst of *The offender must have intent to kill.
passion.
*Murder will exist with only one of the
*If he shall inflict upon them physical injuries of circumstances described in article 248.
any other kind, he shall be exempt from
punishment. *When more than one of said circumstances
are present, the other must be considered as
ARTICLE 248 – MURDER generic aggravating.
*Elements:
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*When the other circumstances are absorbed *With the aid of armed men. Paragraph 8,
or included in one qualifying circumstance, they Article 14
cannot be considered as generic aggravating. - The armed men aided the offender in the
commission of the crime. The aid given by the
*Any of the qualifying circumstances armed men maybe direct or indirect
enumerated in article 248 must be alleged in participation in the commission of the crime.
the information to qualify the crime.
*Employing means or persons to insure or
*The qualifying circumstances of murder except afford impunity. Paragraph 14, Article 14
“outraging or scoffing at his person or corpse”, - When means or persons are employed by the
are among those defined in article 14. accused who killed the deceased to prevent his
being recognized or to secure himself against
*Treachery (Alevosia) Paragraph 16 Article 14. detection and punishment.
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1. That at the time of the infliction of the *Without intent – he is only liable for physical
physical pain, the offended party is still injuries.
alive.
2. That the offender enjoys and delights in *No offense of frustrated and attempted
seeing his victim suffer gradually by the homicide, through imprudence – the element of
infliction of the physical pain. intent to kill is incompatible with negligence or
imprudence.
*Requisites:
*Use of unlicensed firearm is an aggravating
1. The injury caused be deliberately circumstance in homicide/murder.
increased by causing other wrong. - Crime is no longer qualified illegal possession,
2. The other wrong be unnecessary for the but murder or homicide, as the case may be.
execution of the purpose of the
offender. *Accidental homicide – the death of a person
brought about by a lawful act performed with
*Outraging or scoffing at the person or corpse proper care and skill, and with homicidal intent.
of the victim
*Corpus delicti – That a crime was actually
*Outraging – to commit an extremely vicious or perpetrated and does not refer to the body of
deeply insulting act. the murdered person.
*Scoffing – to jeer, and implies a showing of ARTICLE 250 – PENALTY FOR FRUSTRATED
irreverence. PARRICIDE, HOMICIDE OR MORDER
*Tumultuous – more than 3 persons who are *The injured in the crime of physical injuries
armed or are provided with means of violence. inflicted in a tumultuous affray must be one or
some of the participants in the affray.
*When there are two identified group of men
who assaulted each other, then there is no *Penalty is one degree lower than that for
tumultuous affray. physical injury inflicted – persons who used
violence.
*The person killed in the course of the affray
need not be one of the participants in the *Slight physical injuries are not included.
affray.
ARTICLE 253 – GIVING ASSISTANCE TO SUICIDE
*If the one who inflicted the fatal wound is
known, the crime is not homicide in tumultuous *Acts punished:
affray.
1. By assisting another to commit suicide,
*Persons liable for death in tumultuous affray: whether the suicide is consummated or
not.
1. The person or persons who inflicted the 2. By lending his assistance to another to
serious physical injuries. commit suicide to the extent of doing
2. If it is not known who inflicted the the killing himself.
serious physical injuries on the
deceased, all the persons who used *A person who attempts to commit suicide is
violence upon the person of the victim, not criminally liable.
but with lesser liability.
*In order to incur criminal liability for the result
*Those who used violence upon the person of not intended (Article 4 paragraph 1), one must
the victim are liable for death caused in be committing a felony. – (Intentional felony.?)
tumultuous affray only if it cannot be
determined who inflicted the serious physical *Assistance to suicide is different from mercy-
injuries on the deceased. killing.
ARTICLE 252 – PHYSICAL INJURIES INFLICTED IN *Mercy killing is the practice of painlessly
A TUMULTUOUS AFFRAY putting to death a person suffering from some
incurable decease – liable for murder or
*Elements: parricide – the person killed does not want to
die.
1. That there is tumultuous affray as
referred to in the preceding article. ARTICLE 254 – DISCHARGE OF FIREARMS
2. That a participant or some participants
thereof suffer serious physical injuries
or less serious physical injuries. *Elements:
3. That the person responsible thereof
cannot be identified. 1. That the offender discharges a firearm
against or at another person.
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*If in the illegal discharge of firearm, the 1. By using any violence upon the person
offended party is hit and wounded, there is a of the pregnant woman.
complex crime of discharge of firearm with 2. By acting, but without using violence,
physical injuries when the physical injuries are without consent of the woman.
serious or less serious. 3. By acting, with the consent of the
pregnant woman.
*The crime is discharge of firearm, even if the
gun was not pointed at the offended party *Elements:
when it fired, as long as it was initially aimed by
the accused at or against the offended party. 1. That there is a pregnant woman.
2. That violence is exerted, or drugs or
ARTICLE 255 – INFANTICIDE beverages administered, or that the
accused otherwise acts upon such
*Elements: pregnant woman.
3. That as a result of the use of violence or
1. That a child was killed. drugs or beverages upon her, or any
2. That the deceased child was less than other act of the accused, the foetus
three days of age (72hours) dies, either in the womb or after having
3. That the accused killed the said child. been expelled therefrom.
4. That the abortion is intended.
*Infanticide – the killing of any child less than
three days of age, whether the killer is the *Abortion – the willful killing of the foetus in
parent or grandparent, any other relative of the the uterus, or the violent expulsion of the
child, or a stranger. foetus from the maternal womb which results
in the death of the foetus.
*The penalty is that for parricide or murder, but
the name of the crime is always infanticide. *In abortion, the foetus may be over or less
than six months old.
*The mother and maternal grandparents of the
child are entitled to the mitigating circumstance
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*The person who intentionally caused the c. Any of her parents, with her
abortion and the woman if she consented, are consent for the purpose of
liable. concealing her dishonor.
*If the foetus could sustain an independent life, *The other person who caused the abortion
after its separation from maternal womb, and it with her consent is liable under article 256.
is killed, the crime is infanticide.
*Liability of the pregnant woman is mitigated if
ARTICLE 257 – UNINTENTIONAL ABORTION purpose is to conceal dishonor.
*Mutilation – the lopping or the clipping off of *May be committed by reckless imprudence, or
some part of the body. by simple imprudence or negligence.
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*There is no incapacity if the injured party could 4. When the victim is a person of rank or
still engage in his work although less effective person in authority, provided the crime
than before. is not direct assault.
ARTICLE 265 – LESS SERIOUS PHYSICAL *Some hours after nine days, not amounting to
INJURIES 10 days.
*That the offended party is incapacitated for *In the absence of proof as to the period of the
labor for 10 days or more (but not more than offended party’s incapacity for labor or of the
30 days) or needs medical attendance for the required medical attendance – slight physical
same period of time. injuries only
-That the physical injuries must not be those
described in the preceding articles. *Supervening event converting the crime into
serious physical injuries after the filing of the
*Circumstances that will qualify less serious information for slight physical injuries can still
physical injuries: be the subject of a new change.
child whether legitimate or illegitimate within *Hazing – An initiation rite or practice which is
or without the family abode, which result in or used as an admission into membership in any
is likely to result in physical, sexual, fraternity or any other organization wherein the
psychological harm or suffering, or economic said recruit/neophyte is placed under an
abuse including threats of such acts, battery, embarrassing or humiliating situations or
assault, coercion, harassment or arbitrary subjecting him into psychological or physical
deprivation of liberty. injury or crime.
a. Physical violence – acts that include *Hazing is allowed provided that the following
bodily or physical harm. requisites are present:
b. Sexual violence – act which is sexual in
nature, committed against a woman or 1. There must be prior written notice sent
her child. to the head of the school authority or
c. Psychological violence – acts or the head off the organization 7 days
omissions causing or likely to cause before the said initiation rites and their
mental or emotional suffering of the prior written notice shall contain the
victim. following:
d. Economic abuse – acts that make or a. It shall indicate the date of the
attempt to make a woman financially said initiation rites which shall
dependent. not be more than 3 days.
b. It shall indicate/state the name
*Dating relationship – a situation wherein the of the neophytes or applicants
parties live as husband and wife without the who will undergo the said
benefit of marriage or are romantically involved hazing or initiation rites.
over time and on a continuing basis during the c. It shall contain an undertaking
course of the relationship. which states that there shall be
no physical violence employed
*If it involves physical abuse, it shall prescribe in any form on these
after 20 years, if it involves psychological, sexual neophytes, recruits or
and economical abuse, it shall prescribe in 10 applicants.
years. 2. Upon the receipt of such prior written
notice, the head of the school or
*Battered woman syndrome – scientifically organization shall assign at least 2
defined pattern of psychological and behavioral representatives from their school or
symptoms found in the battering relationship as organization who must be present
a result of cumulative abuse. during the time of the said initiation
*Cycle: rites or hazing and these 2
representatives shall see to it that no
1. Tension building phase amount of physical violence shall be
2. Acute battering phase employed on any person or any
3. Tranquil loving phase neophytes or recruit or applicant during
the said hazing or initiation rites.
*Exempted from both criminal and civil liability.
*If in the course of hazing, someone died or
suffered any physical injuries; all of the officers
RA 8049 – ANTI-HAZING LAW and members of the said fraternity or
organization who are present and who
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participated in the said initiation rites shall be 1. That the offender commits an act of
liable as principal. sexual assault.
2. That the act of sexual assault is
*If the said initiation rites took place in the committed by any of the following
house of a member or an officer of the said means:
fraternity or sorority; the parents of the said a. By inserting his penis into
members or officers shall be held liable not as another person’s mouth or anal
an accomplice but as principals if they have orifice, or
such knowledge of the said conduct of the b. By inserting any instrument or
initiation rites and they did not perform any act object into the genital or anal
in order to prevent it. orifice of another person.
3. That the act of sexual assault is
*Any person who is present in the said hazing accomplished under any of the
shall constitute a prima facie evidence that following circumstances:
there is a participation and shall be held liable a. By using force or intimidation.
as principal. b. When the woman is deprived of
reason or otherwise
*Under RA8049; the defense that such person unconscious.
has no intention to commit so grave a wrong as c. By means of fraudulent
that committed cannot be used by an accused – machination or grave abuse of
it is a prohibited defense. authority.
d. When the woman is under 12
years of age or demented.
ARTICLE 266-A – RAPE
*The crime of rape can now be committed by
*Rape by carnal knowledge male or female.
*Moral ascendancy or influence, held to the said offended party cannot give a valid
substitute for the element of physical force or consent.
intimidation.
*Effect of pardon
*When the offender in rape has ascendancy on *In case of rape, pardon will not extinguish the
influence over the girl, it is not necessary that criminal liability of the offender.
she put up a determined resistance. - It may be extinguish through:
*Sweetheart defense theory will not lie in favor 1. The offended woman may pardon the
of the man – it does not mean that when you offender through a subsequent valid
are sweethearts, you can no longer rape the marriage, the effect of which would be,
other person. the extinction of the offender’s liability.
2. The legal husband may be pardoned by
*No frustrated rape – (People vs. Orita) forgiveness of the wife provided that
*Mere touch of an erected penis on the labia or the marriage is not void ab initio.
lips of a woman’s genitalia will already
consummate rape. *Only the principal by direct participation may
afford pardon to the offended party. The other
*It is not necessary that there be complete parties may benefit to the pardon given by the
penetration. offended party to the principal.
4. That in the commission of the offense, *Killing third person in kidnapping – separate
any of the following circumstances is crime of homicide and kidnapping.
present:
a. That the kidnapping or ARTICLE 268 – SLIGHT ILLEGAL DETENTION
detention lasts for more than 3
days. *Elements:
b. That it is committed through
simulating public authority. 1. That the offender is a private individual.
c. That any serious physical 2. That he kidnaps or detains another, or
injuries are inflicted upon the in any manner deprives him of his
person kidnapped or detained liberty.
or threats to kill him are made. 3. That the act of kidnapping or detention
d. That the person kidnapped or is illegal.
detained is a minor, female or a 4. That the crime is committed without
public officer. the attendance of any of the
e. (Extorting ransom on the part circumstances enumerated in article
of the accused.) 267.
*If the offender is a public officer, the crime is ARTICLE 269 – UNLAWFUL ARREST
arbitrary detention.
*Elements:
*Intention to deprive the victim of his liberty for
purpose of extorting ransom on the part of the 1. That the offender arrests or detains
accused is essential in the crime of kidnapping. another person.
2. That the purpose of the offender is to
*As long as the kidnapping or detention was deliver him to the proper authorities.
committed for the purpose of extorting ransom. 3. That the arrest or detention is not
Actual demand for ransom is not necessary. authorized by law or there is no
reasonable ground thereof.
*It is not necessary that the victim be placed in
an enclosure *The offender is any person, whether a public
officer or a private individual.
*Detention is illegal when not ordered by
competent authority or not permitted by law. *There is no unlawful arrest, when the arrest is
authorized by a warrant issued by the court.
*Where the victim is taken from one place to
another solely for the purpose of killing him, the ARTICLE 270 – KIDNAPPING AND FAILURE TO
crime committed is murder. RETURN A MINOR
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*The violence or intimidation may take place unlawful, and the offender attained his
immediately after the entrance. – Prohibition is purpose.
not necessary when violence or intimidation is 2. By making such threat without the
employed by the offender. offender attaining his purpose.
3. By threatening another with the
*Trespass may be committed by the owner of infliction upon his person, honor or
the dwelling – against the will of the actual property or that of his family of any
occupants. wrong amounting to a crime, the threat
not being subject to a condition.
*Cases to which the provision of this article are
not applicable: *The threat must be to inflict a wrong
amounting to a crime upon the person, honor
1. If the entrance to another’s dwelling is or property of the offended party or that of his
made for the purpose of preventing family.
some serious harm to himself, the
occupants of the dwelling or a third *If the offender attained his purpose, the
person. penalty is one degree lower of the penalty of
2. If the purpose is to render some service the crime threatened to be committed shall be
to humanity or justice. imposed.
3. If the place where entrance is made is a
café, tavern, inns, and other public *If the offender does not attain his purpose – 2
houses, while the same are open. degree lower.
ARTICLE 281 – OTHER FORMS OF TRESPASS *When the threat is not subject to a condition,
the penalty is fixed to arresto mayor and a fine
*Elements: not exceeding P500.
1. That the offender enters the closed *If the threat is made in writing or through a
premises or the fenced estate of middleman, the penalty is to be imposed in its
another. maximum period.
2. That the entrance is made while either
of them is uninhabited. *The threat should not be made in the heat of
3. That the prohibition to enter be anger, because such threat is punished under
manifest. Article. 285 paragraph 2.
4. That the trespasser has not secured the
permission of the owner or the *Essence of the crime of threat is intimidation.
caretaker thereof.
*It is not necessary that the offended party was
ARTICLE 282 – GRAVE THREATS present at the time the threats were made.
*Ways of committing grave coercions: *The crime is not grave coercion when the
violence is employed to seize anything
1. By preventing another by means of belonging to the debtor of the offender. (Light
violence, threats or intimidation, from coercion)
doing something not prohibited by law.
2. Compelling another by means of *Surrounding complainant in a notoriously
violence, threats or intimidation to do threatening attitude is sufficient. – Guilty of
something against his will, whether it coercion.
be right or wrong.
*The force or intimidation must be immediate,
*Element: actual or imminent.
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*There is no grave coercion when the accused *Whether the offender’s act caused annoyance,
acts in good faith in the performance of his irritation, vexation, torment, distress or
duty. disturbance to the mind of the person to whom
it is directed.
*The purpose of the law in penalizing coercion –
no person may take the law into his hands, and *Kissing a girl, without performing acts of
that our government is one of law, not of men. lasciviousness, is unjust vexation.
*A person who takes the law into his hands *Light coercion under the first paragraph will be
with violence is guilty of grave coercion. unjust vexation if the element of employing
violence or intimidation is absent. – Same with
*Coercion is consummated even if the offended grave coercion – when no violence, threat or
party did not accede to the purpose of the intimidation – only unjust vexation.
coercion.
ARTICLE 288 – OTHER SIMILAR COERCIONS
ARTICLE 287 – LIGHT COERCIONS/(UNJUST
VEXATION) *Acts punished:
*Taking possession of the thing belonging to the ARTICLE 289 – FORMATION, MAINTENANCE,
debtor, through deceit and misrepresentation, AND PROHIBITION OF COMBINATION OFF
for the purpose of applying the same to the CAPITAL OR LABOR THROUGH VIOLENCE OR
payment of the debt, is unjust vexation under THREATS
the second paragraph of this article.
*Elements:
*It is sufficient that the attitude of the offender
in seizing the property of his debtor is 1. That the offender employs violence or
notoriously menacing as to amount to a grave threats, in such a degree as to compel
intimidation, or create such situation that or force the laborer or employers in the
necessarily would institute the victim.
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free and legal exercise of their industry industry which the offender has
or work. learned.
2. That the purpose is to organize, 3. That the offender reveals such secrets.
maintain or prevent coalitions of capital 4. That prejudice is caused to the owner.
or labor, strike of laborers or lockout of
employers. *Secrets must relate to manufacturing
processes.
ARTICLE 290 – DISCOVERING SECRETS
THROUGH SEIZURE OF CORRESPONDENCE *The revelation of secret might be made after
the employee or workman had ceased to be
*Elements: connected with the establishment.
2. Rape;
*In the commission of the crime of robbery, it is 3. Intentional mutilation; or
not necessary that the person, from whom the 4. Any of the serious physical injuries
property is taken by means of threat and paragraph 1 & 2.
violence, shall be the owner thereof. -The taking of personal property is robbery
- The possession of the property is sufficient – complexed with any of those crimes under 294.
ownership is not necessary. – Even if the taking was already complete when
- So long as the personal property taken does the violence was used by the offender.
not belong to the accused. – Impossible crime if
it is. *The use of force upon things will not make the
taking of personal property robbery, if the
*In robbery, the personal property of another is culprit never entered a house or building –
taken by the offender against the will of the whole body.
owner.
*If robbery with violence against or intimidation
*Taking must be unlawful. of persons and robbery by use of force upon
things, the latter shall be charged.
*Intent to gain is presumed from the unlawful
taking of personal property.
CARNAPPING
*One who takes property openly and avowedly
under claim of title proffered in good faith is
not guilty of robbery even though the claim of ARTICLE 294 – ROBBERY WITH VIOLENCE
ownership is untenable. AGAINST OR INTIMIDATION OF PERSONS
*Intent to take personal property belonging to *When the taking of personal property of a
another with intent to gain must precede the woman is an independent act following
killing. defendant’s failure to consummate the rape,
there are two distinct crimes.
*The offender must have the intent to take
personal property before killing. *Additional rapes committed on the same
occasion of robbery will not increase the
*As long as homicide results in the robbery – penalty.
special complex of robbery with homicide.
*When the taking of property after the rape is
*Killing a person to escape after the not with intent to gain – separate crimes.
commission of robbery is robbery with
homicide. *When rape and homicide co-exist in the
commission of robbery – crime is robbery with
*It is still robbery with homicide if the person homicide – rape is only an aggravating. (People
killed is a robber himself. vs. Bacsa…)
*There is robbery with homicide, even if the *Violence or intimidation need not be present
person killed was an innocent bystander and before or at the exact moment when the object
not the person robbed. is taken.
*It is still robbery with homicide even if death *When the act of snatching a thing from his
of a person supervened by mere accident. hands did not result in violence against the
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person of the offended party, there is no 4. That he did not attempt to prevent the
robbery – only theft. assault.
*In robbery with intimidation, there must be *When the robbery was not committed by a
acts done by the accused which either by their band, the robber who did not take part in the
own nature or by reason of the circumstances assault by another is not liable for that assault.
under which they are executed, inspire fear in
the person against whom they are directed. *No crime of robbery with homicide by a band.
ARTICLE 295 – ROBBERY WITH PHYSICAL ARTICLE 297 – ATTEMPTED AND FRUSTRATED
INJURIES, COMMITTED IN AN UNINHABITED ROBBERY COMMITTED UNDER CERTAIN
PLACE AND BY A BAND, OR WITH THE USE OF CIRCUMSTANCES
FIREARMS ON A STREET, ROAD OR ALLEY
*The penalty is the same, whether the robbery
*Robbery with violence against or intimidation is attempted or frustrated.
of persons qualified – if committed:
*There is only one crime of attempted robbery
1. In an uninhabited place; with homicide even if slight physical injuries
2. By a band; were inflicted on other persons on the occasion
3. By attacking a moving vehicle; or by reason of the robbery.
4. By entering the passengers’
compartment in a train; ARTICLE 298 – EXECUTION OF DEEDS BY
5. On a street, road, highway or alley or MEANS OF VIOLENCE OR INTIMIDATION
with the use of firearms.
*Elements:
*Applicable only in Paragraphs 3, 4, and 5 of
article 294. 1. That the offender has intent to defraud
another.
*Must be alleged in the information. 2. That the offender compels him to sign,
execute, or deliver any public
*Cannot be offset by a generic mitigating instrument or document.
circumstance. 3. That the compulsion is by means of
violence or intimidation.
ARTICLE 296 – ROBBERY COMMITTED BY A
BAND *Public or private document.
*When at least 4 armed men malefactors take *Article 298 is not applicable if the document is
part in the commission of a robbery – it is void.
committed by a band.
ARTICLE 299 – ROBBERY IN AN INHABITED
*Requisites for liability for the acts of the other HOUSE OR PUBLIC BUILDING OR EDIFICE
members of the band: DEVOTED TO RELIGIOUS WORSHIP
2. That the entrance was effected by any -The false key or picklock must be used to enter
of the following means: the building.
a. Through an opening not
intended for entrance or *It is only theft when the false key is used to
egress. open wardrobe or locked receptacle or drawer
b. By breaking any wall, roof or or inside door.
floor or breaking any door or
window. ROBBERY WITH FORCE UPON THINGS UNDER
c. By using false keys, picklocks or SUBDIVISION (B) OF ARTICLE 299
similar tools.
d. By using fictitious name or *Elements:
pretending the exercise of
public authority. 1. That the offender is inside a dwelling
3. That once inside the building, the house, public building, or edifice
offender took personal property devoted to religious worship, regardless
belonging to another with intent to of the circumstances under which he
gain. entered it.
2. That the offender takes personal
*The offender must “enter the house or property belonging to another, with
building in which the robbery is committed. intent to gain under any of the
following circumstances:
*In entering the building, the offender must a. By breaking doors, wardrobes,
have an intention to take personal property. chests, or any other kind of
locked or sealed furniture or
*The placed entered must be a house or a receptacle; or
building. b. By taking such furniture or
objects away to be broken or
*Inhabited house is any shelter, ship or vessel forced open outside the place
constituting the dwelling of one or more of robbery.
persons.
*Entrance into the building by any of the means
*Public building is every building owned by the mentioned in subdivision (A) of article 299 is
government or belonging to a private person not required in robbery under subdivision (B) of
but used or rented by the government. the same article.
*Any of the four means described in subdivision *The term “Door” in paragraph 1 subdivision (B)
A of article 299 must be resorted to by the of article 299, refers only to “door, lids, or
offender to enter a house or building, not to get opening sheets’ of furniture or other portable
out. receptacles – not to inside doors of house or
building.
*The whole body of culprit must be inside the
building to constitute entering. *Breaking the keyhole of the door of a
wardrobe, which is locked, is breaking locked
*The genuine key must be stolen, not taken by furniture.
force or with intimidation, from the owner.
(robbery with intimidation of person is *When sealed box or receptacle is taken out of
committed if there is intimidation) the house or building for the purpose of
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1. Must be contiguous to the building; *Taking of mail matter or large cattle in any
2. Must have an interior entrance kind of robbery makes the penalty higher by
connected therewith. one degree (Qualified robbery) – motor vehicle,
3. Must form part of the whole. coconuts and fish are not included.
*Orchards and lands used for cultivation are not ARTICLE 303 – ROBBERY OF CEREALS, FRUITS
dependencies (article 301 paragraph 3) OR FIREWOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING
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*Penalty is one degree lower when cereals, b. To kidnap persons for the
fruits or firewood are taken in robbery with purpose of extorting or to
force upon things. obtain ransom; or
c. To attain by means of force and
*Cereals are seedlings which are the immediate violence any other purpose.
product of the soil.
*Presumption of law as to brigands – all are
ARTICLE 304 – POSSESSION OF PICKLOCKS OR presumed highway robbers or brigands, if any
SIMILAR TOOLS of them carries unlicensed firearm.
*Actual use of picklocks or similar tools, not 1. That there is a band of brigands.
necessary in illegal possession thereof. 2. That the offender knows the band to be
brigands.
*Higher penalty if the offender is a locksmith. 3. That the offender does any of the
following acts:
ARTICLE 305 – FALSE KEYS a. He in any manner aids, abets or
protects such band of brigands.
The term false keys shall be deemed to include: b. He gives them information of
the movement of the police or
1. The tools mentioned in the next other peace officer of the
preceeding article. government.
2. Genuine keys stolen from the owner. c. He acquires or receives the
3. Any keys other than those intended by property taken by such
the owner for use in the lock forcibly brigands.
opened by the offender.
*It shall be presumed that the person
*Possession of false keys in paragraph 2 and 3 performing any of the acts provided in this
of article 305, not punishable. article has performed them knowingly, unless
the contrary is proven.
ARTICLE 306 – WHO ARE BRIGANDS
PD532 – HIGHWAY ROBBERY/BRIGANDAGE
*There is brigandage when:
*The seizure of any person for ransom,
1. There be at least four armed persons. extortion or other unlawful purposes, or the
2. They formed a band of robbers. taking away of the property of another by
3. The purpose is any of the following: means of violence against or intimidation of
a. To commit robbery in the persons or force upon things or other unlawful
highway.
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*The following are liable for theft: *Joyride or using car of another to learn how to
drive is sufficient gain.
1. Those who with intent to gain, but
without violence against or intimidation *Actual or real gain, not necessary in theft.
of persons nor force upon things, take,
personal property of another, without *There is no theft when the taking of personal
the latter’s consent. property is with the consent of its owner.
2. Those who, (a) having found lost
property, (b) fails to deliver the same to *It is not robbery when violence is for a reason
the local authorities or to its owner. entirely foreign to the fact of taking.
3. Those who, (a) after having maliciously
damaged the property of another, (b) *When a person has in possession, part of the
removed or make use of the fruits or recently stolen property, he is presumed to be
object of the damage caused by them. the thief.
4. Those who, (a) enter an enclosed estate
or a field where (b) trespass is *The term “lost property” embraces loss by
forbidden or which belongs to another stealing.
and, without the consent of its owner,
(c) hunts or fish upon the same or *The law does not require knowledge of the
gather fruits, cereals or other forest or owner of the lost property.
farm products.
*Finder of hidden treasure who
*Elements: misappropriated the share pertaining to the
owner of the property is guilty of theft as
1. That there be taking of personal regards that share.
property.
2. The said property belongs to another. *HUNTING, FISHING OR GATHERING FRUITS…
3. That the taking be done with intent to IN ENCLOSED ESTATE.
gain.
4. That the taking be done without the *Elements:
consent of the owner.
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1. Value of the stolen thing. *Taking at the same time several cows is only
2. The value and also the nature of the one crime.
property taken.
3. The circumstances or causes that ANTI – CATTLE RUSTLING LAW PD 533
impelled the culprit to commit the
crime. *Cattle rustling – taking away by any means,
method or scheme, without the consent of the
*Offender is liable for theft of whole car taken owner/raiser, of any of the animals ( large
to another place, even if tires only are taken cattle) whether or not for profit or gain, or
away. whether committed with or without violence
against or intimidation of any person or force
ARTICLE 310 – QUALIFIED THEFT upon things, it includes the killing of large
cattle, or taking its meat or hide.
*Theft is qualified:
*Large Cattle – cow, carabao, horse, mule, ass,
1. If the theft is committed by a domestic or other domestic member of the bovine family.
servant.
2. If the theft is committed with grave *Timber smuggling from, and illegal cutting of
abuse of confidence. logs in, public forest and forest reserves –
3. If the property stolen is (a) (motor qualified theft/PD330
vehicle) (b) mail matter or (c) (large
cattle) ANTI – FENCING LAW PD 1612
4. If the property stolen is a fish taken
from a fishpond or fishery. *Fencing – the act of any person who, with
5. If property taken on the occasion of intent to gain for himself or for another, shall
fire, earthquake, typhoon, volcanic buy, receive, possess, keep, acquire, conceal,
eruption or any other calamity, sell or dispose of, or shall buy and sell or in any
vehicular accident or civil disturbance. other manner deal in any article, item, or object
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1. The crime of robbery or theft has been 1. By taking possession of any real
committed. property belonging to another by
2. The accused, who is not a principal or means of violence against or
accomplice in the commission of the intimidation of persons.
crime of robbery or theft, buys, 2. By usurping any real rights in property
receives, possess, keeps, acquires, belonging to another by means of
conceal, sells or disposes, or buy and violence against or intimidation of
sells, or in any manner deals in any persons.
article, item, object or anything of
value, which has been derived from the *Elements:
proceeds of the said crime.
3. The accused knows or should have 1. That the offender takes possession of
known that the said article, item, object any real property or usurps any real
or anything of value has been derived rights in property.
from the proceeds of the crime of 2. That the real property or real rights
robbery or theft. belongs to another.
4. There is, on the part of the accused, 3. That violence against or intimidation of
intent to gain for himself or another. persons is used by the offender in
occupying real property or usurping real
*Mere possession of any good, article, item, rights in property.
object or anything of value which has been the 4. That there is intent to gain.
subject of robbery or thievery shall be prima
facie evidence of fencing. *Civil liability only when there is no violence
against or intimidation of persons.
*The crime of robbery and theft, on one hand,
and fencing, on the other, are separate and ARTICLE 313 – ALTERING BOUNDARIES OR
distinct offenses. LANDMARKS
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*When ownership of the thing is transferred to *But when the money or property had been
the person who has received it, his failure will received by a partner for a specific purpose and
give rise to civil liability only. he later misappropriated it, such partner is
guilty of estafa.
*When the transaction of purchase and sale
fails, there is no estafa if the accused refused to *Demand is not required by law; but is
return the advance payment. necessary, because failure to account, upon
demand, is circumstantial evidence of
*There is no estafa if the thing is received under misappropriation.
a contract of sale on credit.
*There is no estafa through negligence.
*Acceptance of promissory note or extension of
time for payment does not constitute novation. *The gravity of the crime of estafa is
determined on the basis of the amount not
*Novation does not extinguish criminal liability returned before the institution of the criminal
in general. Except, when the novation was done action.
before the criminal liability arise.
*In estafa, the offender receives the thing – he
nd
*2 Element of estafa with abuse of does not take the thing without the consent of
confidence the owner.
*The crime of estafa under 315 par 1 (b) is not *Elements of estafa by taking undue
committed when there is neither advantage of the signature in blank
misappropriation nor conversion.
1. That the paper with the signature of the
*Partners are not liable for estafa of money or offended party be in blank.
property received for the partnership when the 2. That the offended party should have
business commenced and profits accrued. delivered it to the offender.
3. That above the signature of the
*Failure of partners to account for partnership offended party a document is written
funds may give rise to a civil obligation only, not by the offender without authority to do
estafa. so.
4. That the document so written creates a
*A co-owner is not liable for estafa, but he is liability of or causes damage to, the
liable if, after the termination of the co- offended party or any third person.
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*There is no deceit if the complainant was *The check issued must be genuine, and not
aware of the fictitious nature of the pretense. falsified.
*False pretenses and fraudulent representation *The check must be postdated or issued in
– there are three ways of committing estafa payment of an obligation constructed at the
under 315 2(a): time of the issuance and delivery of the check.
1. By using fictitious name
2. By falsely pretending to possess: *There must be notice of dishonor to the
a. Power offender, within 3 days the offender may pay
b. Influence for him not to be charged.
c. Qualification
d. Property *Estafa may be complexed to falsification of
e. Credit public documents and commercial documents –
f. Agency but not with private documents. -- The first
g. Business or imaginary crime committed will be the proper crime to be
transactions charged against the offender.
3. By means of other similar deceits
*When check is issued in substitution of a
*Such false statement or fraudulent promissory note it is in payment of pre-existing
representation constitutes the very cause or the obligation – there is no estafa.
only motive which induces the complainant to
part with the thing. *The accused must be able to obtain something
from the offended party be means of the check
*The offended party must be deprived of his he issues and delivers.
property by any of the false pretenses
mentioned in paragraph 2a. *When postdated checks are issued and
intended by the parties only as promissory
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note, there is no estafa, even if there are no *Elements of the offense defined in the second
sufficient funds in the bank to cover the same. paragraph of section 1
*When check is issued by a guarantor, there is 1. That a person has sufficient funds in or
no estafa. credit with the drawee bank when he
makes or draws and issues a check.
*RA 4885 eliminated the phrase “ the offender 2. That he fails to keep sufficient funds or
knowing that at the time he had no funds in the to maintain a credit to cover the full
bank”. amount of the check if presented within
a period of 90 days from the date
*The drawer is given three days to make good appearing thereon.
the said check by depositing the necessary 3. That the check is dishonored by the
funds to cover the amount thereof. Otherwise, drawee bank.
a prima facie presumption will arise as to
existence of fraud, which is an element of the *The gravamen of BP22 is the issuance of a
crime of estafa. worthless check, not the nonpayment of an
obligation.
*Good faith is a defense in a charge of estafa by
postdating or issuing a check. *The law has made the mere act of issuing a
bum check a malum prohibitum.
*The person who received the check must be
damaged or prejudiced. *Check may only be draw for 6 months, beyond
that there is no crime.
BOUNCING CHECKS LAW - BP22
*BP22 requires that the person who made or
*Elements of the offense defined in the first drew and issued the check knew at the time of
paragraph of section 1 issuance that he did not have sufficient funds in
or credit with the drawee bank for the payment
1. That a person makes or draws and of such check in full upon presentment.
issues any check.
2. That the check is made or drawn and *Lack of notice of dishonor is fatal – a mere oral
issued to apply on account or for value. notice or demand to pay would appear to be
3. That the person who makes or draws insufficient for conviction.
and issues the check knows at the time
of issue that he does not have sufficient *Notice of dishonor to corporation is not notice
funds in or credit with the drawee bank to officer who issued the check.
for the payment of such check in full
upon its presentment. *Prima facie evidence of knowledge of
4. That the check is subsequently insufficiency of funds or credit, when the check
dishonored by the drawee bank for is presented within 90 days from the date of the
insufficiency of funds or credit, or check. – Exceptions:
would have been dishonored for the
same reason had not the drawer, 1. When the check is presented after 90
without any valid reason, ordered the days from the date of the check.
bank to stop payment. 2. When the maker or drawer pays the
holder thereof the amount due
thereon, or makes arrangements for
payment in full by the drawee of such
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*The word credit as used herein shall be *If there is no deceit, no abuse of confidence,
construed to mean an arrangement or there is no estafa even if there is damage.
undertaking with the bank for the payment of There is only civil liability.
such check (sec4)
*Damage or prejudice capable of pecuniary
*Prosecution under this act shall be without estimation – second element of any form of
prejudice to any liability for violation of any estafa.
provision of the Revised Penal Code. (Sec5) –
There is no double jeopardy if each statutes *Elements of damage or prejudice
requires proof of an additional fact which the 1. The offended party being deprived of
other does not. his money or property, as result of the
fraud.
*A drawer who was acquitted or convicted 2. Disturbance in property rights.
under the Revised Penal Code for estafa may be 3. Temporary prejudice.
prosecuted under BP22.
*Payment made subsequent to the commission
*Estafa by inducing another to sign a of estafa does not extinguish criminal liability or
document reduce the penalty.
*Elements:
*There must be damage or prejudice to a third *The taking is wrongful when it is without the
person or intent to cause damage or prejudice. consent of the possessor, or when deceit is
employed by the owner of the personal
*Paragraph 2 – By disposing of real property as property in inducing the possessor to give it to
free from encumbrance, although such him.
encumbrance be not recorded.
*Paragraph 4 – By executing any fictitious
*Elements: contract to the prejudice of another
1. The offender causes destruction. ARTICLE 327 – WHO ARE LIABLE FOR
2. Destruction is caused by any of the MALICIOUS MISCHIEF
following means:
a. Explosion *Elements:
b. Discharge of electric current
c. Inundation, sinking or stranding 1. That the offender deliberately caused
of vessel, or intentional damage to the property of another.
damaging of the engine of said 2. That such act does not constitute arson
vessel. or other crimes involving destruction.
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3. That the act of damaging another’s *These are called qualified malicious mischief
property be committed merely for the
sake of damaging it. ARTICLE 329 – OTHER MISCHIEFS
*Malicious Mischief – the willful damaging of *Other mischiefs should not be included in
another’s property for the sake of causing article 328.
damage due to hate, revenge or other evil
motives. ARTICLE 330 – DAMAGE AND OBSTRUCTION
TO MEANS OF COMMUNICATION
*This third element presupposes that the
offender acted due to hate revenge or other *Committed by damaging any railway,
evil motive. telegraph or telephone lines.
*It is malicious mischief if the act of damaging *Not applicable where the telegraph or
another’s property was inspired, not by hatred telephone lines do not pertain to railways.
or by a desire for revenge, but by the mere
pleasure of destroying. *When a person or persons are killed – if
without intent to kill – damage to means of
*If there is no malice in causing the damage, communication with homicide – if there is
the obligation to repair or pay for damages is intent – it is murder by means of derailment.
only civil.
ARTICLE 331 – DESTROYING OR DAMAGING
*Damage means not only loss but also STATUES, PUBLIC MONUMENTS, OR PAINTING
diminution of what is a man’s own.
ARTICLE 332 – PERSONS EXEMPT FROM
*It is theft when there is intent to gain. CRIMINAL LIABILITY
*A person charged with malicious mischief can *Crimes involved in the exemption:
be found guilty of damage to property through 1. Theft
reckless imprudence. 2. Swindling
3. Malicious mischief
ARTICLE 328 – SPECIAL CASES OF MALICIOUS
MISCHIEF *Persons exempted from criminal liability:
1. Spouses, ascendants and descendants,
*The special cases of malicious mischief are: or relative by affinity in the same line.
2. The widowed spouse with respect to
1. Causing damage to obstruct the the property which belonged to the
performance of public functions. deceased spouse before the same
2. Using any poisonous or corrosive passed into the possession of another.
substance. 3. Brother and sisters and brother-in-law
3. Spreading any infection or contagion and sister-in-law, if living together.
among cattle.
4. Causing damage to the property of the *No criminal, only civil liability.
Nation Museum or National Library, or
to any archives or registry, waterworks, *Must be committed or caused mutually by the
road, promenade, or any other thing persons mentioned in article 332.
used in common by public.
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*This article does not apply to stranger who *If the married woman is guilty of adultery. If
participates in the commission of the crime. she knew the man was married, she would be
liable for concubinage also.
*Stepfather, adopted father, natural children,
concubine and paramour are included. *Effect of pardon:
1. The pardon must come before the
*Common law spouse exempted. institution of the criminal prosecution.
2. Both the offender must be pardoned by
ARTICLE 333 – WHO ARE GUILTY OF ADULTERY the offended party.
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*Conjugal dwelling – home of the husband and *Motive of lascivious acts is not important
wife even if the wife is temporarily absent on because the essence of lewdness is in the very
any account. act itself.
*Cohabit – dwell together, in the manner of *Embracing, kissing and holding girl’s breast is
husband and wife, for some period of time. act of lasciviousness. – some cases – only unjust
vexation.
*A person who keeps a mistress in an
apartment furnished by him is not guilty of *Kissing and embracing a woman against her
concubinage if he does not live or sleep with will are acts of lasciviousness when prompted
her in said apartment. by lust or lewd design.
*Adultery is more severely punished than *Lover’s embraces and kisses are not acts of
concubinage – because adultery makes possible lasciviousness – no evidence that his conduct
the introduction of another man’s blood into was lewd or lascivious.
the family.
*Attempted rape vs. acts of lasciviousness
ARTICLE 336 – ACTS OF LASCIVIOUSNESS 1. If the act performed by the offender
clearly indicate that his purpose was to
*Elements: lie with the offended woman, it is
attempted rape.
1. That the offender commits any act of 2. In case of attempted rape, the
lasciviousness or lewdness. lascivious acts are preparatory acts to
2. That the act of lasciviousness is the commission of rape, whereas, in the
committed against a person of either other, the lascivious acts are
sex. themselves the final objective sought by
3. That it is done under any of the the offender.
following circumstances:
a. By using force or intimidation. *Desistance in the commission of attempted
b. When the offended party is rape may constitute acts of lasciviousness.
deprived of reason or otherwise
unconscious. *No attempted and frustrated crime of acts of
c. By means of fraudulent lasciviousness.
machination or grave abuse of
authority. ARTICLE 337 – QUALIFIED SEDUCTION
d. When the offended party is
under 12 years of age or is *Seduction – enticing a woman to unlawful
demented. sexual intercourse by promise of marriage or
other means of persuasion without use of force.
*Lewd – obscene, lustful, indecent. It signifies
the form of immorality which has relation to *Two classes of qualified seduction:
moral impurity.
1. Seduction of a virgin over 12 years and
*Compelling a girl to dance naked before men under 18 years of age by certain
in an act of lasciviousness, even if the dominant persons, such as, a person in authority,
motive is revenge, for her failure to pay a debt. priest, teacher, etc.
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*Elements of qualified seduction of a virgin: 1. That the offended party is over 12 and
under 18 years of age.
1. That the offended party is a virgin, 2. That she must be of good reputation,
which is presumed if she is unmarried single or widow.
and of good reputation. 3. That the offender has sexual
2. She must be over 12 and under 18 years intercourse with her.
of age. 4. That it is committed by means of deceit.
3. That the offender has sexual
intercourse with her. ARTICLE 339 – ACTS OF LASCIVIOUSNESS WITH
4. That there is abuse of authority, THE CONSENT OF THE OFFENDED PARTY
confidence or relationship on the part
of the offender. *Elements:
*There must be sexual intercourse in qualified 1. That the offender commits acts of
seduction, if none, only acts of lasciviousness. lasciviousness.
2. That the acts are committed upon a
*Offender in qualified seduction: woman who is virgin or single or widow
1. Those who abused their authority: of good reputation, under 18 years of
a. Person in public authority age but over 12 years, or a sister or
b. Guardian descendant regardless of her reputation
c. Teachers or age.
d. Person who, in any capacity, is 3. That the offender accomplishes the acts
entrusted with the education or by abuse of authority, confidence,
custody of the woman seduced. relationship, or deceit.
2. Those who abused confidence reposed
in them: *Male cannot be the offended party in this
a. Priest crime.
b. House servant
c. Domestic *Committed by the same persons under the
3. Those who abused their relationship same circumstances as those provided in article
a. Brother who seduced his sister 337 and 338.
b. Ascendants who seduced his
descendants ARTICLE 340 – CURROPTION OF MINORS
*Deceit is not an element of qualified *Any person who shall promote or facilitate the
seduction. prostitution or corruption of persons under age
to satisfy the lust of another.
*The fact that the girl consented to the sexual *mere proposal will consummate the offense.
intercourse is not a defense.
*Child prostitution RA 7610
*The accused charged with rape cannot be
convicted of qualified seduction under the same
information.
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*When there are several defendants, it is Person guilty of rape, seduction, or abduction,
enough that one of them had lewd designs. shall also be sentenced:
1. To indemnify the offended woman.
*Husband not liable for abduction of his wife as 2. To acknowledge the offspring, unless the law
lewd design is wanting. should prevent him from so doing.
3. In every case to support the offspring.
*Sexual intercourse is not necessary in forcible
abduction. The adulterer and the concubine in the case
provided for in Articles 333 and 334 may also be
*When there is deprivation of liberty and no sentenced, in the same proceeding or in a
lewd designs, it is kidnapping and serious illegal separate civil proceeding, to indemnify for
detention. damages caused to the offended spouse.
*There can only be one complex crime of ARTICLE 346 – LIABILITY OF ASCENDANTS,
forcible abduction with rape when forcible GUARDIANS, TEACHERS, OR OTHER PERSONS
abduction is followed by several acts of rape. ENTRUSTED WITH THE CUSTODY OF THE
OFFENDED PARTY
*Rape may absorb forcible abduction if the
main objective was to rape the victim. The ascendants, guardians, curators, teachers,
and any person who, by abuse of authority or
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The simulation of births and the substitution of 1. That the offender has been legally
one child for another shall be punished by married.
prison mayor and a fine of not exceeding 1,000 2. That the marriage has not been legally
pesos. dissolved or, in case his or her spouse is
absent, the absent spouse could not yet
The same penalties shall be imposed upon any be presumed dead according to the Civil
person who shall conceal or abandon any Code.
legitimate child with intent to cause such child 3. That he contracts a second or
to lose its civil status. subsequent marriage.
4. That the second or subsequent
Any physician or surgeon or public officer who, marriage has all the essential requisites
in violation of the duties of his profession or for validity.
office, shall cooperate in the execution of any of
the crimes mentioned in the two next preceding ARTICLE 350 – MARRIAGE CONTRACTED
paragraphs, shall suffer the penalties therein AGAINST PROVISIONS OF LAW
prescribed and also the penalty of temporary
special disqualification. *Elements:
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ARTICLE 351 – PREMATURE MARRIAGES 5. That the imputation must tend to cause
the dishonor, discredit or contempt of
Any widow who shall marry within three the person defamed.
hundred and one day from the date of the
death of her husband, or before having ARTICLE 354 – REQUIREMENT FOR PUBLICITY
delivered if she shall have been pregnant at the
time of his death, shall be punished by arrest Every defamatory imputation is presumed to be
mayor and a fine not exceeding 500 pesos. malicious, even if it be true, if no good intention
and justifiable motive for making it is shown,
The same penalties shall be imposed upon any except in the following cases:
woman whose marriage shall have been
annulled or dissolved, if she shall marry before 1. A private communication made by any
her delivery or before the expiration of the person to another in the performance of any
period of three hundred and one day after the legal, moral, or social duty; and
legal separation.
2. A fair and true report, made in good faith,
ARTICLE 352 – PERFORMANCE OF ILLEGAL without any comments or remarks, of any
MARRIAGE CEREMONY judicial, legislative, or other official proceedings
which are not of confidential nature, or of any
Priests or ministers of any religious statement, report or speech delivered in said
denomination or sect, or civil authorities who proceedings, or of any other act performed by
shall perform authorize any illegal marriage public officers in the exercise of their functions.
ceremony shall be punished in accordance with
the provisions of the Marriage Law. ARTICLE 355 – LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS
ARTICLE 353 – DEFINITION OF LIBEL
*Libel may be committed by means of:
*A libel is public and malicious imputation of a
crime, or of a vice or defect, real or imaginary, 1. Writing
or any act, omission, condition, status, or 2. Printing
circumstance tending to cause the dishonor, 3. Lithography
discredit, or contempt of a natural or juridical 4. Engraving
person, or to blacken the memory of one who is 5. Radio
dead. 6. Phonograph
7. Painting
*Elements of defamation: 8. Theatrical exhibition
9. Cinematographic exhibition
1. That there must be an imputation of a 10. Or any similar means
crime, or of a vice or defect, real or
imaginary, or any act, omission, status ARTICLE 356 – THREATENING TO PUBLISH AND
or circumstance. OFFER TO PREVENT SUCH PUBLICATION FOR
2. That the imputation must be made COMPENSATION
publicly.
3. That it must be malicious. *Acts punished:
4. That the imputation must be directed
to a natural or juridical person, or one 1. By threatening another to publish a
who is dead. libel concerning him, or his parents,
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spouse, child, or other members of his 2. That such act is performed in the
family. presence of other person or persons.
2. By offering to prevent the publication of 3. That such act casts dishonor, discredit
such libel for compensation, or money or contempt upon the offended party.
consideration.
*Kinds of slander by deed:
ARTICLE 357 – PROHIBITED PUBLICATION OF 1. Simple slander by deed
ACTS REFERRED TO IN THE COURSE OF 2. Grave slander by deed
OFFICIAL PROCEEDINGS
ARTICLE 360 – PERSONS RESPONSIBLE
*Elements:
*Persons responsible for libel are:
1. That the offender is a reporter, editor
or manager of a newspaper daily or 1. The person who publishes, exhibits or
magazine. causes the publication or exhibition of
2. That he publishes facts connected with any defamation in writing or similar
the private life of another. means.
3. That such facts are offensive to the 2. The author or editor of a book or
honor, virtue and reputation of said pamphlet.
person. 3. The editor or business manager of a
daily newspaper magazine or serial
ARTICLE 358 – SLANDER (Oral defamation) publication.
4. The owner of the printing plant which
*Slander is libel committed by oral means, publishes a libelous article with his
instead of in writing. consent and all other persons who in
any way participate in or have
*Kinds of oral defamation: connection with its publication. (US vs.
1. Simple slander Ortiz)
2. Grave slander, when it is of serious and
insulting nature. ARTICLE 361 – PROOF OF THE TRUTH
*There is oral defamation, even if other persons In every criminal prosecution for libel, the truth
and not the offended party heard the may be given in evidence to the court and if it
slanderous words. appears that the matter charged as libelous is
true, and, moreover, that it was published with
ARTICLE 359 – SLANDER BY DEED good motives and for justifiable ends, the
defendants shall be acquitted.
*Slander by deed is a crime against honor which Proof of the truth of an imputation of an act or
is committed by performing any act which casts omission not constituting a crime shall not be
dishonor, discredit, or contempt upon another admitted, unless the imputation shall have been
person. made against Government employees with
respect to facts related to the discharge of their
*Elements: official duties.
In such cases, if the defendant proves the truth
1. That the offender performs any act not of the imputation made by him, he shall be
included in any other crime against acquitted.
honor.
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Any person who, by any act not constituting *Imprudence or negligence simply a way of
perjury, shall directly incriminate or impute to committing a crime – ABANDONED DOCTRINE.
an innocent person the commission of a crime,
shall be punished by arresto menor. *Reckless imprudence – consists in voluntarily,
but without malice, doing or failing to do an act
*Elements: from which material damage results by reason
of inexcusable lack of precaution on the part of
1. That the offender performs an act. the person performing or failing to perform
2. That by such act he directly incriminates such act, taking into consideration his
or imputes to an innocent person the employment or occupation, degree of
commission of a crime. intelligence, physical condition and other
3. That such act does not constitute circumstances regarding persons, time and
perjury. place.
ARTICLE 364 – INTRIGUING AGAINST HONOR *Simple imprudence – consists in the lack of
precaution displayed in those cases in which the
The penalty of arresto menor or fine not damage impending to be caused is not
exceeding 200 pesos shall be imposed for any immediate nor the danger clearly manifest.
intrigue which has for its principal purpose to
blemish the honor or reputation of a person. *Elements of reckless imprudence:
ARTICLE 365 – IMPRUDENCE AND NEGLIGENCE 1. That the offender does or fails to do an
act.
*Quasi-offenses under Article 365 are 2. That the doing of or the failure to do
committed in four ways: that act is voluntary.
3. That it be without malice.
1. By committing through reckless 4. That material damage results.
imprudence any act which, had it been 5. That there is inexcusable lack of
intentional, would constitute a grave or precaution on the party of the offender,
less grave felony or light felony. taking into consideration –
2. By committing through simple a. His employment or occupation;
imprudence or negligence an act which b. Degree of intelligence, physical
would otherwise constitute a grave or a condition; and
less serious felony. c. Other circumstances regarding
persons, time and place.
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