Crim 2 Reviewer PDF

CRIMINAL LAW II MIDTERM REVIEWER
TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
1. Human Security Act of 2007 (RA 9372)

a. The Predicate crimes for violation of the Human Security Act to attach
RICO PIMUKIDES
 Rebellion or Insurrection
 Coup d’état
 Piracy
 Murder
 Kidnapping and serious illegal detention
 Crimes involving destruction or under
ATE AADREE
o The Law on Arson (PD 1613)
o Toxic substances and hazardous and nuclear waste control Act (RA 6969)
o Atomic Energy Regulatory and Liability Act (RA 5207)
o Anti-Hijacking Law (RA 6235)
o Anti-Piracy and Anti-Highway Robbery Law (PD 532)
o Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Ammunitions or Explosives (PD 1866)
b. Elements of Terrorism
 sowing and creating a condition of widespread and extraordinary fear and panic among the
populace
 in order to coerce the government to give in to an unlawful demand
2. Meaning of “giving aid or comfort” in treason

 an act which strengthens or tends to strengthen the enemy in the conduct of war against the
traitor’s country
 an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack
the enemy
3. Misprision of Treason
 Committed by a Filipino citizen owing allegiance to the government
 Who has knowledge of any conspiracy to commit treason
 Conceals or does not disclose and make known the same as soon as possible to the governor
or fiscal of the province or the mayor or fiscal of the city in which he resides
4. Distinctions between espionage and treason

 Espionage is a crime not conditioned by the citizenship of the offender. This is also true as regards
treason, in view of the amendment to Article 114.
 Treason is committed only in time of war while espionage may be committed both in time of
peace and in time of war.
 Treason is limited in two ways of committing the crime: levying war and adhering to the enemy,
giving them aid or comfort. Espionage may be committed in many ways, enumerated in CA 616.
1
5. Who can be liable for Article 121 (Flight to enemy’s country)

 Both Filipino and alien residents in the country can be held liable under Article 121 because the
law does not say “not being a foreigner.” Hence, the allegiance contemplated in this article is
either natural or temporary allegiance.
6. Acts punished as Piracy

 Attacking or seizing a vessel on the high seas or in Philippine waters
 Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo,
its equipment or personal belongings of its complement or passengers
7. Distinctions between piracy and robbery on the high seas
The distinction between piracy and robbery on the high seas is that piracy is committed by
attacking or seizing a vessel on the high seas or in the Philippine waters or by seizing in the vessel
while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or
personal belongings of its complement or passengers. In robbery on the high seas, there is no
attack or seizure of the vessel.
8. Modes of Committing Treason and ways of Proving Treason
Punishable Acts: LEAD
 Levying war against the Government

 Adhering to the enemies of the Philippines, giving them aid or comfort.
Ways of Proving: 2CON
 Testimony of two witnesses, at least, to the same overt act;

 Confession of the accused in open court
9. Punishable acts and ways of commission of Espionage under Commonwealth Act No. 616
 Unlawfully obtaining or permitting to be obtained information affecting national defense

 Unlawful disclosure of information affecting national defense
 Disloyal acts or works in time of peace
 Disloyal acts or words in time of war
 Conspiracy to violate preceding sections
 Harboring or concealing violators of the law
 Using or permitting or procuring the use of an aircraft for the purpose of making photograph,
sketch, etc. of vital installations or equipment of the AFP
 Reproducing, publishing, selling, etc., uncensored copies of photograph, sketch, etc. of the vital
military, naval or air post, camp or station, without permission of the commanding officer
 Injuring or destroying or attempting to injure or destroy war materials, premises or war utilities in
time of war
 Making or causing war materials to be made in a defective manner in time of war
 Injuring or destroying national defense material, premises, or utilities
2
 Making or causing to be made in a defective manner, or attempting to make or cause to be

made in a defective manner, national defense material
10. Memorize acts punishable acts in PD 532 (Anti-Piracy and Anti-Highway Robbery law of 1974)
and memorize all the elements of qualified piracy under PD 532. Read all related cases. Include
the case of People vs. Tulin, GR No. 111709, Aug 30,2001
Punishable Acts under Piracy:
 Any attack upon or seizure of any vessel

 Taking of the whole or part thereof or its cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value
 By means of violence against or intimidation of persons or force upon things
Punishable Acts under Highway Robbery/Brigandage
 Any attack or seizure on any highway

 Taking of the whole or part thereof or its cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value
 By means of violence against or intimidation of persons or force upon things
Qualified Piracy:
 the vessel is on the high seas or in Philippine waters

 offenders may or may not have been part of its complement or passengers of the vessel
 attack or seize the vessel OR
 seize the whole or part thereof or its cargo, equipment, or the personal belongings of its
complement or passengers
Committed under any of the following circumstances:
 If physical injuries or other crimes are committed as a result or on the occasion thereof
 If rape, murder or homicide is committed as a result or on the occasion of piracy
 When the offenders abandoned the victims without means of saving themselves
 When the seizure is accomplished by firing upon or boarding a vessel
11. Distinguish highway robbery under P.D 532 from robbery committed on a high way. Read all
the cases.
Highway Robbery or Brigandage is the seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by means of violence against or
intimidation of person or force upon things or of other unlawful means, committed by any person
on any Philippine Highway.
Highway Robbery or Brigandage refers to acts of robbery perpetrated by outlaws

indiscriminately against any person or persons on Philippine highways as defined therein, and not
acts of robbery committed against only a predetermined or particular victim.
Robbery committed on a Highway is normal robbery done in a Philippine Highway.
3
12. Necessary requisites before the anti-hijacking law or R.A 6235 may apply
If the aircraft is of Philippine registry, it must first be in flight before RA 6235 may apply. If
the aircraft is of foreign registry, it is not required that it is in flight before R.A. 6235 applies because
aircrafts of foreign registry are considered in transit while they are in foreign countries.
13. When is an aircraft considered in flight?
An aircraft is in flight from the moment all its external doors are closed following
embarkation until any of such doors is opened for disembarkation.
14. If the aircraft is of foreign registry, is it required that it is in flight before R.A 6235 applies?
No, when it comes to aircrafts of foreign registry, R.A 6235 applies whether the aircraft is in
flight or landed. It is enough that it has not yet returned to its country of origin.
15. Is there hijacking in the attempted stage?

There is no hijacking in the attempted stage. RA 6235 is a special law, where the attempted stage
is not punishable.
16. In the course of the hijacking, a passenger or complement was shot and killed. What crime or
crimes were committed?
The crime remains to be a violation of the Anti-Hijacking law, but the penalty thereof shall be
higher because a passenger or complement of the aircraft had been killed. The crime of homicide
or murder per se is absorbed.
17. If the air craft is of Philippine registry but it is not in flight and any of the four
circumstances mentioned under RA 6235 is committed, what law applies?
If the aircraft is not in flight, the Anti‐Hijacking Law will not apply and the acts
will be punished accordingly under the RPC or the applicable special penal laws.
The correlative crime may be one of grave coercion or grave threat. If somebody is
killed, the crime is homicide or murder, as the case may be.
18. A Philippine Air Lines aircraft is bound for Davao. While the pilot and co-pilot are
taking their snacks at the airport lounge, some of the armed men were also there.
The pilots were followed by these men on their way to the aircraft. As soon as the
pilots entered the cockpit, they pulled out their firearms and gave instructions where
to fly the aircraft. Does the anti-hijacking law apply?
No. The passengers have yet to board the aircraft. If at that time, the offenders are
apprehended, the law will not apply because the aircraft is not yet in flight.
4
19. Mrs. X was on board her Mercedes Benz, when her personal driver, Isabelo pulled over the
side of the highway. A man, who introduced himself as Mito, boarded the car. Isabelo explained
to Mrs. X that Mito was his nephew and they wanted to get money from her. At this juncture, Mito
poked a gun at Mrs. X’s neck. Frightened, Mrs. X immediately handed over to Mito all the money
in her bag. Are Isabelo and Mito liable for highway robbery under PD 532 for the reason that the
robbery was committed along a highway?
NO. Because Isabelo and Mito did not commit the robbery indiscriminately against any
person, instead they committed the same against a particular victim. Presidential Decree No. 532
punishes as highway robbery or brigandage only acts of robbery perpetrated by outlaws
indiscriminately against any person or persons on Philippine highways as defined therein, and not
acts of robbery committed against only a predetermined or particular victim. If the purpose is only
a particular robbery, the crime is only robbery, or robbery in band if there are at least four armed
participants. The mere fact that the robbery was committed on a highway does not invite the
application of Presidential Decree No. 532.
20. A war between Philippines and China was declared as the latter sought to invade the country.
Members of the Chinese army then bought bandages from a drugstore owned by Rufino. When
the Philippine army found out, Rufino was charged and later on convicted of treason. Was his
conviction proper? Explain.
No. The conviction of Rufino was not proper. As provided for in Article 114 of the Revised
Penal Code, there are two ways of committing treason: by levying war against the Government
and by adhering to the enemies of the Philippines giving them aid or comfort.
The sale of bandages itself does not necessarily carry an intention on the part of the vendor
to adhere to the enemy.
While the sale to the enemy of bandages may do aid or comfort to the enemy, if there is
no intent to betray, the person making the sale is not guilty of treason.
21. While the S.S. Nagoya Maru was navigating the sea route from Hongkong towards Manila, and
while still 300 miles from Aparri, Cagayan, its engines malfunctioned. The Captain ordered the ship
to stop for emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and crew
fell asleep. While the ship was anchored, a motorboat manned by renegade Ybanags from
Claveria, Cagayan, passed by and took advantage of the situation. They cut the ship's engines
and took away several heavy crates of electrical equipment and loaded them in their motorboat.
Then they left hurriedly towards Aparri. At daybreak, the crew found that a robbery took place.
They radioed the Aparri Port Authorities resulting in the apprehension of the culprits. Supposing that
while the robbery was taking place, the culprits stabbed a member of the crew while sleeping.
What crime was committed? Explain.
The crime committed was Qualified Piracy as provided for in Article 123 of the RPC
because the crime of piracy was accompanied by physical injuries or homicide or murder.
5
TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
1. Who are persons liable for violation of the Anti-Torture Act (RA 9745)
Principals:
 Any person who
 actually participated or induced another in the commission of torture or other cruel, inhuman
and degrading treatment or punishment
 cooperated in the execution of the act of torture or other cruel, inhuman and degrading
treatment or punishment by previous or simultaneous acts
 Any superior military, police or law enforcement officer or senior government official who issued
an order to any lower ranking personnel to commit torture for whatever purpose
 The immediate commanding officer of the unit concerned of the AFP or the immediate senior
public official of the PNP and other law enforcement agencies who led, assisted, abetted or
allowed, whether directly or indirectly, the commission thereof by his/her subordinates, provided
he/she has knowledge of or, owing to the circumstances at the time, should have known that
acts of torture or other cruel, inhuman and degrading treatment or punishment shall be
committed, is being committed, or has been committed by his/her subordinates or by others within
his/her area of responsibility and, despite such knowledge, did not take preventive or corrective
action either before, during or immediately after its commission, when he/she has the authority to
prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act, whether deliberately or
due to negligence
Accessories:
Any public officer or employee who has knowledge that torture or other cruel, inhuman and
degrading treatment or punishment is being committed and without having participated therein,
either as principal or accomplice, takes part subsequent to its commission by:
 profiting themselves from or assisting the offender to profit from the effects of the act of torture
or other cruel, inhuman and degrading treatment or punishment
 concealing the act of torture or other cruel, inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof in order to prevent its discovery
 harboring, concealing or assisting in the escape of the principal/s in the act of torture or other
cruel, inhuman and degrading treatment or punishment
Provided, that the accessory acts are done with the abuse of the official's public functions.
2. Classes of Arbitrary Detention:

(1) Arbitrary detention by detaining a person without legal ground
(2) Delay in the delivery of detained persons to the proper judicial authorities
(3) Delaying release
3. What are the legal grounds for detention?

The following are legal grounds for the detention of any person:
(a) The commission of a crime
(b) Violent insanity or any other ailment requiring the compulsory confinement of the patient
in a hospital
4. When is an arrest by a peace officer or by a private person considered lawful?

A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
6
(b) When an offense has just been committed and he has probable cause to believe based
on personal knowledge of facts or circumstances that the person to be arrested has committed
it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is service final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.
In cases falling under pars. (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with Sec. 7 of Rule 112.
5. What is the difference between violation of domicile and trespass to dwelling?

 The offender in violation of domicile is a public officer acting under color of authority
 in trespass to dwelling, the offender is a private person or public officer acting in a private
capacity.
 Violation of domicile is committed in 3 different ways:
o entering the dwelling of another against the will of the latter
o searching papers and other effects inside the dwelling without the previous consent of the
owner
o refusing to leave the premises which he entered surreptitiously, after being required to leave the
premises
 Trespass to dwelling is committed only in one way: by entering the dwelling of another against
the express or implied will of the latter.
6. Punishable Acts in the Anti-Torture Act of 2009 (RA 9745)

Punishable Acts:
Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of
a person in authority upon another in his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body, such as:
 Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach
 Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff
or substances not normally eaten
 Electric shock
 Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or
other chemical substances on mucous membranes, or acids or spices directly on the wound(s)
 The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood
until the brink of suffocation
 Being tied or forced to assume fixed and stressful bodily position
 Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum,
or electrical torture of the genitals
 Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue,
etc.
 Dental torture or the forced extraction of the teeth
 Pulling out of fingernails
 Harmful exposure to the elements such as sunlight and extreme cold
 The use of plastic bag and other materials placed over the head to the point of asphyxiation
 The use of psychoactive drugs to change the perception, memory, alertness or will of a person,
such as:
 The administration or drugs to induce confession and/or reduce mental competency
 The use of drugs to induce extreme pain or certain symptoms of a disease
 Other analogous acts of physical torture
7
Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a

person in authority which are calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:
 Blindfolding
 Threatening a person or his/her relatives with bodily harm, execution or other wrongful acts
 Confinement in solitary cells or secret detention places
 Prolonged interrogation
 Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or
prisoner
 Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed
 Maltreating a member of a person's family
 Causing the torture sessions to be witnessed by the person's family, relatives or any third party
 Denial of sleep or rest
 Shame infliction such as stripping the person naked, parading him/her in public places, shaving
the victim's head or putting marks on his/her body against his/her will
 Deliberately prohibiting the victim to communicate with any member of his/her family
 Other analogous acts of mental/psychological torture
Other Cruel, Inhuman and Degrading Treatment or Punishment
Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and
aggravated treatment or punishment inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a level of severity sufficient to cause
suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall
depend on all the circumstances of the case, including the duration of the treatment or
punishment, its physical and mental effects and, in some cases, the sex, religion, age and state of
health of the victim.
7. Rule in Unlawful Arrest and Incriminating an Innocent Person

a. May arbitrary detention be committed if the offended party is not kept within an enclosure to
restrict him of his freedom of locomotion? [ASTORGA vs. PEOPLE]
In the case of People v. Cortez, (which was cited in Astorga vs. People), it was held that,
in establishing the intent to deprive the victim of his liberty, it is not necessary that the offended
party be kept within an enclosure to restrict her freedom of locomotion. At the time of her rescue,
the offended party in said case was found outside talking to the owner of the house where she
had been taken. She explained that she did not attempt to leave the premises for fear that the
kidnappers would make good their threats to kill her should she do so. We ruled therein that her
fear was not baseless as the kidnappers knew where she resided and they had earlier announced
that their intention in looking for her cousin was to kill him on sight. Thus, we concluded that fear
has been known to render people immobile and that appeals to the fears of an individual, such
as by threats to kill or similar threats, are equivalent to the use of actual force or violence.
Hence, the crime of arbitrary detention is still committed even if the victim is not placed in
a confinement, as long as there is a restraint resulting from fear on the part of the victim that
causes him not to leave the place where the offender assigned him to stay.
b. A police officer surreptitiously placed a marijuana stick in a student’s pocket and then arrested
him for possession of marijuana cigarette. What crime can the police officer be charged with?
The police officer may be charged with planting of evidence.
RA 9165, The Comprehensive Dangerous Drugs Act of 2002, specifically punishes the act
of planting dangerous drugs. Section 29 provides that any person who is found guilty of “planting”
any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity
and purity, shall suffer the penalty of death.
8
Planting of evidence is the willful act of any person of maliciously and surreptitiously
inserting, placing, adding or attaching, directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in
the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of
implicating, incriminating or imputing the commission of any violation of RA 9165.
TITLE III: CRIMES AGAINST PUBLIC ORDER
1. Crime against Public Order

 Rebellion or insurrection
 Coup d’état
 Conspiracy and proposal to commit coup d’état, rebellion or insurrection
 Disloyalty of public officers or employees
 Inciting to rebellion or coup d’état
 Sedition
 Conspiracy to commit sedition
 Inciting to sedition
 Acts tending to prevent the meeting of the Congress and similar bodies
 Disturbance of proceedings of Congress or similar bodies
 Violation of parliamentary immunity
 Illegal assemblies
 Illegal associations
 Direct assaults
 Indirect assaults
 Disobedience to summons issued by the Congress, its committees, etc., by the Constitutional
Commissions, its committees, etc.
 Resistance and disobedience to a person in authority or the agents of such person
 Tumults and other disturbances of public order
 Unlawful use of means of publication and unlawful utterances
 Alarms and scandals
 Delivering prisoners from jail
 Evasion of service of sentence
 Evasion on occasion of disorders
 Violation of Conditional Pardon
 Commission of another crime during service of penalty imposed by another previous crime
2. Persons Liable in rebellion

The leaders who:
 promote, maintain or head the rebellion or insurrection
 lead, direct or command others to undertake a coup d’état
The participants who:
 execute the commands of others in rebellion or insurrection
 in the government service execute directions or commands of others in undertaking a coup
d’état
 not in the government service support, finance, abet or aid in undertaking a coup d’état
9
3. Distinctions between rebellion and subversion

 Rebellion is an uncountable armed resistance to an established government or ruler. Subversion
is the act of subverting or the condition of being subverted.
 Rebellion is an organized, forceful subversion of the law of the land in an attempt to replace it
with another form of government. Subversion is a systematic attempt to overthrow a government
by working from within.
4. Rebellion VS Coup d’état

REBELLION is committed when a multitude of persons rise publicly in arms for the purpose
of overthrowing the duly constituted government, to be replaced by a government of the rebels.
It is carried out by force and violence, but need not be participated in by any member of the
military, national police or any public officer.
COUP D'ETAT is committed when members of the military, Philippine National Police, or
public officer, acting as principal offenders, launched a swift attack thru strategy, stealth, threat,
violence or intimidation against duly constituted authorities of the Republic of the Philippines,
military camp or installation, communication networks, public facilities or utilities needed for the
exercise and continued possession of governmental powers, for the purpose of seizing or
diminishing state powers.
Unlike REBELLION which requires a public uprising, COUP D'ETAT may be carried out singly
or simultaneously and the principal offenders must be members of the military, national police or
public officer, with or without civilian support. The criminal objective need not be to overthrow the
existing government but only to destabilize or paralyze the existing government.
5. COUP D’ETAT AND THE NEW FIREARMS LAW (RA 8294)

If the use of an illegal firearm is in furtherance of or incident to, or in connection with the
crime of rebellion or insurrection, sedition, or attempted coup d’état, such violation shall be
absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup
d’état.
6. DIFFERENCE BETWEEN INCITING TO REBELLION AND PROPOSAL TO COMMIT REBELLION

 In both crimes, the offender induces another to commit rebellion
 In inciting, it is not required that the offender has decided to commit the rebellion. In proposal,
the person who proposes has decided to commit rebellion
 In inciting, the act of inciting is done publicly. In proposal, the person who proposes uses secret
means.
7. DIFFERENCE BETWEEN SEDITION FROM CRIME OF TUMULTS AND OTHER DISTURBANCE OF PUBLIC
ORDER
Sedition is the raising of commotion or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such measures that evidently engenders it. Its purpose
may either be political or social. The offender may be a private or public person.
Tumults are caused by more than 3 persons who are armed or provided with means of
violence.
10
8. ENUMERATE THE COVERAGE OF AN UNLICENSED FIREARM UNDER THE NEW FIREARMS LAW (RA
8294)
The term unlicensed firearm shall include:
1) firearms with expired license
2) unauthorized use of licensed firearm in the commission of the crime
9. RULE ON THE IMPOSITION OF PENALTY IN CFARA IN CASE THE UNLICENSED FIREARM IS USED IN
CRIMES OF LOWER PENALTY UNDER THE RPC (e.g. discharge of firearms, alarms and scandals, slight
physical injury, etc.)
The use of a loose firearm, when inherent in the commission of a crime punishable under
the Revised Penal Code or other special laws, shall be considered as an aggravating
circumstance provided that if the crime committed with the use of a loose firearm is penalized by
the law with a maximum penalty which is lower than that prescribed in the preceding section for
illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of
the penalty for the crime charged.
10. DEFINITION OF IMITATION FIREARM AND LIABLITY ATTACHED

Imitation firearm refers to a replica of a firearm, or other device that is substantially similar
in coloration and overall appearance to an existing firearm as to lead a reasonable person to
believe that such imitation firearm is a real firearm.
An imitation firearm used in the commission of a crime shall be considered a real firearm
as defined in this Act and the person who committed the crime shall be punished in accordance
with this Act provided that injuries caused on the occasion of the conduct of competitions, sports,
games, or any recreation activities involving imitation firearms shall not be punishable under this
Act.
11. PERSONS LIABLE IN ILLEGAL ASSEMBLY

 Leaders or organizers; and
 Persons merely present at the meeting (except when presence is out of curiosity – not liable)
12. ACTS PUNISHABLE IN ALARMS & SCANDALS

 discharging any firearm, rocket, firecracker, or other explosives calculated to cause alarm or
danger
 instigating or taking an active part in any charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;
 disturbing the public peace while wandering about at night or while engaged in any other
nocturnal amusements
 causing any disturbance or scandal in public places while intoxicated or otherwise, provided
that the circumstances of the case do not fall under Article 153
13. REPUBLIC ACT NO. 6968 (COUP D’ETAT). HOW IS THE CRIME OF COUP D’ETAT COMMITTED?
The crime of COUP D′ÉTAT is a swift attack accompanied by violence, intimidation, threat,
strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines,
or any military camp or installation, communications networks, public utilities or other facilities
needed for the exercise and continued possession of power, singly or simultaneously carried out
anywhere in the Philippines by any person or persons, belonging to the military or police or holding
any public office or employment, with or without civilian support or participation, for the purpose
of seizing or diminishing state power.
11
14. Can there be a complex crime of coup d'etat with sedition?

Yes, coup d'etat can be complexed with sedition because the two crimes are essentially
different and distinctly punished under the Revised Penal Code. Sedition may not be directed
against the Government or non-political in objective, whereas coup d’état is always political in
objective as it is directed against the Government and led by persons or public officer holding
public office belonging to the military or national police.
15. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof?
The leader being unknown, any person who in fact directed the others, spoke for them,
signed receipts and other documents issued in their name, or performed similar acts, on behalf of
the group shall be deemed the leader of said coup d’état.
16. Supposing a public school teacher participated in a coup d’état using an unlicensed firearm.
What crime or crimes did he commit?
The public school teacher committed only coup d’état for his participation therein. His use
of an unlicensed firearm is absorbed in the coup d’état under the new firearms law.
17. Distinguish clearly but briefly: Between rebellion and coup d’état, based on their constitutive
elements as criminal offenses.
REBELLION is committed when a multitude of persons rise publicly in arms for the purpose
of overthrowing the duly constituted government, to be replaced by a government of the rebels.
It is carried out by force and violence, but need not be participated in by any member of the
military, national police or any public officer.
COUP D'ETAT is committed when members of the military, Philippine National Police, or
public officer, acting as principal offenders, launched a swift attack through strategy, stealth,
threat, violence or intimidation against duly constituted authorities of the Republic of the
Philippines, military camp or installation, communication networks, public facilities or utilities
needed for the exercise and continued possession of governmental powers, for the purpose of
seizing or diminishing state powers.
Unlike rebellion which requires a public uprising, coup d’état may be carried out singly or
simultaneously and the principal offenders must be members of the military, national police or
public officer, with or without civilian support. The criminal objective need not be to overthrow the
existing government but only to destabilize or paralyze the existing government.
18. INCITING TO REBELLION, INSURRECTION, SEDITION, INCITING TO SEDITION. Memorize elements

of rebellion and sedition. Read all cases including People vs. Dasig, 221 SCRA 549
REBELLION OR INSURRECTION
Public uprising and taking arms against the government (force/violence), the purpose of which is
either:
 to remove from the allegiance to said government or its laws –
o the territory of the Philippines or any part thereof
o any body of land, naval or other armed forces
 to deprive the chief executive or congress, wholly or partially, of any of their powers or
prerogatives
12
COUP D E’TAT
 Swift attack accompanied by violence, intimidation, threat, strategy or stealth
 Directed against duly constituted authorities of
o any military camp or installation
o communication networks or public utilities
o other facilities needed for the exercise and continued possession of power
 Singly or simultaneously carried out anywhere in the Philippines
 by any person or persons belonging to the military or police or holding any public office or
employment; with or without civilian support or participation
 With or without civilian support or participation
 For the purpose of seizing or diminishing state power
INCITING TO REBELLION OR INSURRECTION

 That the offender does not take arms or is not in open hostility against the government
 That he incites others to the execution of any of the acts of rebellion
 That the inciting is done by means of speeches, proclamations, writings, emblems, banners or
other representations tending to the same end
SEDITION
 Offenders rise publicly and tumultuously
 employing force, intimidation, or other means outside of legal methods
 to attain any of the following objectives:
o prevent the promulgation or execution of any law or the holding of any popular
election
o prevent the national government or any provincial or municipal government, or
any public officer from exercising its or his functions or prevent the execution of an
administrative order
o inflict any act of hate or revenge upon the person or property of any public officer
or employee
o commit, for any political or social end, any act of hate or revenge against private
persons or any social classes
o despoil, for any political or social end, any person, municipality or province, or the
national government of all its property or any part thereof
INCITING TO SEDITION
 the offender does not take a direct part in the crime of sedition
 he incites others to the accomplishment of any of the acts which constitute sedition
 inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or
other representations tending to the same end
19. STATEMENTS CONSTITUTING INCITING TO SEDITION

Speeches extolling communism and urging the people to hold a national strike and
paralyze commerce and trade
People vs. Dasig

One afternoon, Pfc. Manatad, Pfc. Tizon and Pfc. Catamora were tasked by their
commanding officer to man the traffic at 2 streets of Mandaue City. While on duty, Catamora
saw 8 persons, including accused Nunez, acting suspiciously. He noticed one of them giving
13
instructions to two of the men to approach Manatad. Catamora followed the two men, but
sensing that they were being followed, the men went to the middle of the road and engage
Catamora to a gun battle. Catamora then heard a series of shots from the other group and
afterwards, he saw Manatad sprawled on the ground. Catamora sought refuge at a nearby
building from where he saw 2 persons take Manatad’s gun and fired at him to make sure he was
dead. The group then fled the scene.
Later on, 2 teams of police officers were tasked to conduct surveillance on a suspected
safehouse of members of the NPA sparrow unit in Cebu City. When they reached the place, the
group saw Rodrigo Dasig and Nunez trying to escape. The two men were apprehended, and
their firearms were confiscated. Dasig confessed in the hospital that he and the group of Nunez
killed Manatad and that he and Nunez were members of the Sparrow unit. He was found guilty
of murder with direct assault.
HELD: Dasig should be prosecuted for rebellion. Appellant not only confessed voluntarily his
membership with the Sparrow unit, but also his participation and that of his group in the killing of
Manatad. The Sparrow unit is the liquidation squad of the NPA with the objective of overthrowing
the duly constituted government. It is therefore not hard to comprehend that the killing of
Manatad was committed as a means to or in furtherance of the subversive ends of the NPA. As
such, appellant is liable for rebellion and not murder with direct assault upon a person in authority.
Acts committed in furtherance of rebellion though crimes in themselves are deemed absorbed in
one single crime of rebellion. The act of killing a police officer, knowing too well that the victim is
a person in authority, is a mere component of rebellion or an act done in furtherance of rebellion.
It cannot be made the basis of a separate charge.
20. During the May 2010 elections, five persons, armed with guns and knives, attacked a jeepney
wherein eight policemen, the chief of police, and other passengers were riding. Two policemen,
the jeepney driver and two children were killed while two policemen were wounded. The accused
were charged with sedition. Was the charge correct? What are the elements of seditions?
No, the charge is improper. It was not submitted in the case that such attack was for the
purpose of attaining any of the objectives of the crime of sedition. The crime having been
committed during the May 2010 elections was merely incidental to the attack.
21. WHO ARE PUBLIC OFFICERS

A public office is any person, who, by direct provision of law, popular election or
appointment by competent authority, shall take part in the performance of public functions in the
government, or shall perform in said government or in any of its branches public duties as an
employee, agent or subordinate official of any rank or class.
There is no distinction between a public officer and a public employee if the person:
 takes part in performance of public functions

 performs public duties
It is not the nature of the appointment which counts but the duties performed. They may
be permanent, temporary or casual officers. Hence one appointed as mere laborer but whose
function is to sort and file money orders, or emergency helper but whose functions include custody
of documents, is a public officer.
They include members of a special body created by law, to perform a function for the
government, as in the Centennial Commission.
14
22. The three ways of committing arbitrary detention:

 Detaining a person without legal grounds
 Having arrested the offended party for legal grounds but without warrant of arrest, and the public
officer does not deliver the arrested person to the proper judicial authority within the period of 12,
18, or 36 hours, as the case may be
 Delaying release by competent authority with the same period mentioned
23. What is the difference between violation of domicile and trespass to dwelling?
The differences between violation of domicile and trespass to dwelling are:
 The offender in violation of domicile is a public officer acting under color of authority; in trespass
to dwelling, the offender is a private person or public officer acting in a private capacity.
 Violation of domicile is committed in 3 different ways: (1) by entering the dwelling of another
against the will of the latter; (2) searching papers and other effects inside the dwelling without the
previous consent of the owner; or (3) refusing to leave the premises which he entered
surreptitiously, after being required to leave the premises.
 Trespass to dwelling is committed only by entering the dwelling of another against the express or
implied will of the latter.
24. Memorize RPC, Article 157 on evasion of service of sentence

The penalty of prision correccional in its medium and maximum periods shall be imposed
upon any convict who shall evade service of his sentence by escaping during the term of his
imprisonment by reason of final judgment. However, if such evasion or escape shall have taken
place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by
using picklocks, false keys, deceit, violence or intimidation, or through connivance with other
convicts or employees of the penal institution, the penalty shall be prision correccional in its
maximum period.
25. Illegal firearms as an element of the crimes of rebellion, insurrection, sedition, or attempted
coup d’etat. Include cases on when it becomes aggravating only without absorption.
Illegal firearms is absorbed as an element in the crimes of rebellion, insurrection, sedition,
or attempted coup d’état.
Rule 1: If the crime committed with the use of an illegal firearm is penalized with a maximum
penalty which is lower than that prescribed in RA 10591 for illegal possession of firearm, the penalty
for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged.
Rule 2: If the crime committed with the use of an illegal firearm is penalized with a maximum
penalty which is equal to that imposed under RA 10591, the penalty of prision mayor in its minimum
period shall be imposed in addition to the penalty for the crime.
However, if the unlicensed firearm was not used in the commission of the other crime, the
absorption principle is also not applicable. The two offenses will be treated as distinct and
separate from each other.
26. Can the trial court convict the accused of two crimes: murder and illegal possession of
firearms? How about direct assault and illegal possession of firearms?
If the unlicensed firearm was inherent in the commission of the other crime, the trial court
cannot convict the accused of two crimes. The violation with RA 10591 will be an aggravating
circumstance, subject to the Rules 1 and 2, as provided for in Section 29 of RA 10591.
However, if the unlicensed firearm was merely incidental and not inherent in the
commission of the other crime, the trial court can convict the accused of two crimes. As provided
15
for in said provision, if the other crime is committed without using the unlicensed firearm, the
violation of RA 10591 shall be considered as a distinct and separate offense.
27. If in the commission of direct assault with multiple attempted homicide the accused used an
unlicensed firearm, can he be convicted separately of the offenses of (a) Illegal possession of
firears under PD 1866, as amended by RA 8294, and (b) direct assault with attempted homicide?
Read all the cases including the case of People Vs. Ladjalaam.
No. Accused cannot be convicted separately of the crime of illegal possession of firearms
and direct assault with attempted homicide.
Under the provisions of RA 8264, if the accused committed a crime with the use of an
unlicenses firearm, such use shall only be appreciated as a special aggravating circumstance.
In the case at bar, the accused can only be held liable for direct assault with multiple
attempted homicide with the special aggravating circumstance of use of unlicensed firearm.
(People vs. Ladjalaam, G.R. No. 136149-51, Sept. 19, 2000)
28. Distinctions between public officers, person in authority and agent of a person In authority
A Public Officer is any person who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of public functions in the
Government of the Philippine Islands, or shall perform in said Government or in any of its branches
public duties as an employee, agent or subordinate official, of any rank or class
A person in authority is one “directly vested with jurisdiction” or have the power and
authority to govern and execute laws
An Agent of a person in authority is one who is charged with (a) maintenance of peace
and order (b) protection and security of life and property
29. Cases of Direct Assault

People vs. Dollantes – A brgy. Chairman is a person in authority.
People vs. Beltran – the agent/person in authority must be performing his official duty.
30. Distinctions between Direct Assault and Resistance

Resistance or serious disobedience Direct assault
Person in authority or his agent must be in actual performance of his duties Person in
authority or his agent must be engaged in the performance of official duties or that he is assaulted
by reason thereof
Committed only by resisting or seriously disobeying (2nd type) committed by attacking,
employing force, seriously intimidating or seriously resisting
Force employed is not so serious, as there is no manifest intention to defy the law and the officers
Attack or employment of force must be serious and deliberate. But if the one resisted is a
person in authority, any degree of force is direct assault.
31. Definition of “CHARIVARI”

Charivari includes a medley of discordant voices, a mock serenade of discordant noises
made on kettles, tins, horns, etc., designed to annoy and insult.
32. VG, JG, GG and JG conspired to overthrow the Philippine government. VG was recognized as
the titular head of the conspiracy. Several meetings were held and the plan was finalized. JJ,
bothered by his conscience. Confessed to Father Abraham that he, VG, JG and GG have
16
conspired to overthrow the government. Father Abraham did not report this information to the
proper authorities. Did Father Abraham commit a crime? If so, what crime was committed?
No. Father Abraham did not commit a crime because the conspiracy involved is one to
commit rebellion, not a conspiracy to commit treason which makes a person criminally liable
under Article 116 of the Revised Penal Code. And even assuming that it will fall as misprision of
treason, Father Abraham is exempted from criminal liability under Art. 12, par. 7, as his failure to
report can be considered as due to "insuperable cause", as this involves the sanctity and
inviolability of a confession.
Conspiracy to commit rebellion results in criminal liability to the co-conspirators, but not to
a person who learned of such and did not report to the proper authorities (US vs. Vergara, 3 Phil.
432; People vs. Atienza. 56 Phil. 353).
There is no such crime as misprision of rebellion.
33. A, a lady professor, was giving an examination. She noticed B, one of the students, cheating.
She called the student's attention and confiscated his examination booklet, causing
embarrassment to him. The following day, while the class was going on, the student, B,
approached A and, without any warning, slapped her. B would have inflicted further injuries on A
had not C, another student, come to A's rescue and prevented B from continuing his attack. B
turned his ire on C and punched the latter. What crime or crimes, if any, did B commit? Why?
B committed two (2) counts of direct assault: one for slapping the professor, A, who was
then conducting classes and thus exercising authority; and another one for the violence on the
student C, who came to the aid of the said professor.
By express provision of Article 152, in relation to Article 148 of the Revised Penal Code,
teachers and professors of public or duly recognized private schools, colleges and universities in
the actual performance of their professional duties or on the occasion of such performance are
deemed persons in authority for purposes of the crimes of direct assault and of resistance and
disobedience in Articles 148 and 151 of said Code. And any person who comes to the aid of
persons in authority shall be deemed an agent of a person in authority. Accordingly, the attack
on C is, in the eyes of the law, an attack on an agent of a person in authority, not just an attack
on a student.
TITLE IV: CRIMES AGAINST PUBLIC INTEREST
17
1. Enumerate the Crimes against Public Interest

• Counterfeiting the great seal of the Government of the Philippines, forging the signature or
stamp of the Chief Executive
• Using forged signature or counterfeiting seal or stamp
• Making and importing and uttering false coins
• Mutilation of coins, importation and uttering of mutilated coins
• Selling of false or mutilated coins, without connivance
• Forging treasury or bank notes or other documents payable to bearer, importing and uttering of
such false or forged notes and documents
• Counterfeiting, importing and uttering instruments not payable to bearer
• Illegal possession and use of forged treasury or bank notes and other instruments of credit
• Falsification of legislative documents
• Falsification by public officer, employee or notary
• Falsification by private individuals and use of falsified documents
• Falsification of wireless, cable, telegraph and telephone messages and use of said falsified
messages
• False medical certificates, false certificates of merit or service
• Using false certificates
• Manufacture and possession of instruments or implements for falsification
• Usurpation of authority or official functions
• Using fictitious name and concealing true name
• Illegal use of uniforms or insignia
• False testimony against a defendant
• False testimony favorable to the defendant
• False testimony in civil cases
• False testimony in other cases and perjury
• Offering false testimony in evidence
• Machinations in public auction
• Monopolies and combinations in restraint of trade
• Importation and disposition of falsely marked articles or merchandise made of gold, silver, or
other precious metals or their alloys
2. Presumption of Falsification
It is established as a rule that when a person has in his possession a falsified document and
makes use of the same, the presumption or inference is justified that such person is the forger. The
circumstances therefore, that the accused made use and benefited of the falsified document
are strong evidences that he himself either falsified it or caused the same to be falsified. (People
v. Sendaydiego, 81 SCRA 120)
3. Distinctions between perjury and false testimony.

False testimony and Perjury are both perversions of the truth, false testimony is given in the
course of a judicial proceeding, whereas perjury is any willful and corrupt assertion of falsehood
on a material matter under oath and not given in judicial proceedings.
False testimony contemplates an actual trial where judgment of conviction or acquittal is
rendered and not merely a preliminary investigation, whereas perjury may be committed even
during a preliminary investigation as well as in the making of a false affidavit under oath on a
material matter when required by law.
18
4. A person falsified a private document and used the same to obtain fraudulent gain by means
of deceit. Is the charge of estafa through falsification proper?
There is no complex crime of estafa through falsification of a private document, because
the immediate effect of falsification of private document is the same as that of estafa. The
falsification of a private document cannot be said to be a means to commit estafa because the
fraudulent gain obtained through deceit in estafa, in the commission of which a private
document was falsified, is nothing more or less than the very damage caused by falsification of
such document.
5. When can malversation be committed by private individuals? In malversation of public funds,

the offender’s return of the amount malversed has what effect?
 Under art. 222, private individuals are liable for malversation when the:
o Private individuals are in any capacity or are in charge of national, provincial or municipal
funds, revenues or property and;
o Any administrators or depository of funds or property attached, seized or deposited by
public authority.
 The return of malversed funds is only a mitigating circumstance and not an exempting
circumstance. The payment or reimbursement is not a defense for exoneration because in
malversation the damage is not an element of the crime and payment is not in any way cause
the extinction of criminal liability.( Perez v, People GR No. 164763)
6. Paolo was charged with homicide before the Regional Trial Court of Manila. Andrew, a
prosecution witness, testified that he saw Paolo shoot Abby during their heated argument. While
the case is still pending, the City Hall of Manila burned down and the entire records of the case
were destroyed. Later, the records were reconstituted. Andrew was again called to the witness
stand. This time he testified that his first testimony was false and the truth was he was abroad when
the crime took place. The judge immediately ordered the prosecution of Andrew for giving a false
testimony favorable to the defendant in a criminal case. Will the case against Andrew prosper?
Yes. For one to be criminally liable for False testimony favorable to the defendant, it is not
necessary that the criminal case where Andrew testified is terminated first. It is not even required
of the prosecution to prove which of the two statements of the witness is false and to prove the
statement to be false by evidence other than the contradictory statements.
TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
1. What are the punishable acts for prohibited drugs under the Dangerous Drugs Act?
a. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
b. Sale, Trading, Administration, Dispensing, Delivery, Distribution and Transportation of Dangerous
Drugs and/or Controlled Precursors and Essential Chemicals
c. Maintenance of Dangerous Drug Den, Dive, or Resort
d. Employees and Visitors of Dangerous Drug Den, Dive, or Resort
e. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
f. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals
g. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drug and/or Controlled Precursors and Essential Chemicals
h. Possession of Dangerous Drugs
19
i. Possession of Dangerous Drugs during Parties, Social Gatherings or Meetings

j. Possession of Equipment, Apparatus and Other Paraphernalia for Dangerous Drugs during
Parties, Social Gatherings or Meetings
k. Use of Dangerous Drugs
l. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof
m. Failure to Maintain and Keep Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
n. Unnecessary Prescription of Dangerous Drugs
o. Unlawful Prescription of Dangerous Drugs
2. Republic Act 9165 known as the Comprehensive Dangerous Drugs Act of 2002. Read the Acts
Punishable and focus on the rule on plea to a lesser offense
1. Importation of Dangerous Drugs or Controlled Precursors and Essential Chemical
 Any person who is unauthorized by law, imports or bring into the Philippines:
o Any dangerous drugs including any species of opium poppy or any substances derived
from opium even if it is for floral, decorative and culinary purposes
o Any controlled precursor and essential chemical
 Regardless of the quantity and purity involved
 Maximum penalty is imposed:
 if the person uses diplomatic passport, facilities or any other means involving his/her official
status
 A person who organizes, manages or acts as a financier
2. Sale, Trading, Administration, Dispensing, Deliver, Distribution and Transportation of

Dangerous Drugs and Controlled Precursors and Essential Chemicals
 Any person who is unauthorized by law shall sell, trade, administer, dispense, distribute and
transport:
o Any dangerous drug including any species of opium
o Any controlled precursor and essential chemical
 Regardless of quantity and purity involved.
 Maximum penalty is imposed:
o If it is done 100 meters from the school
o If minors were used by drug pushers
3. Maintenance of Den, Dive or Resort
 Any person or group of persons who shall maintain a den, dive or resort where any
dangerous drug is used or sold in any form or where any controlled precursor and essential
chemical is used or sold in any form.
4. Employees and Visitors of Den, Dive, or Resort
 Any employee of a den, dive, or resort who is aware of the nature of the place.
 Any person who, not being included as an employee is aware of the nature of the place
as such and shall knowingly visit it.
20
5. Manufacture of Dangerous Drugs and/or Controlled Precursor and Essential Chemicals
 Any person who, unless authorized, shall engage in the manufacture of dangerous drugs
and/or controlled precursor and essential chemicals.
 It shall be considered an aggravating if 1) any phase of the manufacturing process was
conducted in the presence or help from minors; 2) any phase of manufacturing process was
established or undertaken within 100 meters of a residential, business, church or school premises;
3) any clandestine laboratory was secured or protected with booby traps; 4) any clandestine
laboratory was concealed with legitimate business operations; and 5) any employment of a
practitioner, chemical engineer, public official or foreigner.
**The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug**
6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals
 Any person unauthorized shall divert any controlled precursors and essential chemicals.
**Chemical Diversion is the sale, distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in
concentrated form, to any person or entity engaged in the manufacture of any dangerous drug.
7. Manufacture or Delivery of Equipment, Instrument, Apparatus and Other Paraphernalia for

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
 Any person who shall deliver possess with intent to deliver or manufacture with intent to
deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing
or under circumstances where one reasonably should know, that it will be used for dangerous
drugs.
8. Possession of Dangerous Drugs
 10 g or more of Opium
 10 g or more of Morphine
 10 g or more of heroin
 10 g or more of cocaine or cocaine hydrochloride
 50 g or more of Methanphetamine HCl or shabu
 10 g or more of marijuana resin or resin oil
 500 g or more of marijuana
 10 g or more of other dangerous drugs but not limited to
Methylenedioxymethamphetamine or ecstacy, paremethoxyamphetamine, lysergic acid
diethylamine, and other derivatives
Life Imprisonment to Death and Fine of P500,000.00

Marijuana 500 g or more
Methamphetamine HCl 50 grams or more
Morphine, Marijuana resin, Marijuana oil, Opium, Cocaine HCl 10 g or more
21
Life Imprisonment and Fine of P400,000.00 to P500,000.00

Methamphetamine HCl 10 to less than 50 grams
20 years and 1 day to life and Fine of P400,000.00 to P500,000.00
Marijuana 300 to less than 500 grams
All others 5 to less than 10 grams
12 years and 1 day to 20 years and Fine of P300,000.00 to P400,000.00
Marijuana Less than 300 grams
All others Less than 5 grams
9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous

Drugs
 Any person unauthorized by law possesses or have under his/her control any equipment,
instrument apparatus or other paraphernalia fit or intended for smoking, consuming,
administering, injecting ingesting, or introducing any dangerous drug into the body.
**Possession of such equipment and instruments is considered prima facie evidence that the
possessor has smoked, consumed, administered to himself/herself injected, ingested or used a
dangerous drug and shall be presumed to have violated RA 9165**
10. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings
 Any person who is found to be in possession of drugs during a party or a social gathering
or meeting or in the proximate company of at least two persons.
11. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings
 Any person who is found to be in possession of the items mentioned during parties, social
gatherings or meetings, or in the proximate company of at least two persons.
12. Use of Dangerous Drugs
 Any person who is apprehended or arrested or found to be positive for use of any
dangerous drugs after confirmatory test.
 Use of Dangerous Drugs cannot be used if the person tested is also found to be in
possession such quantity of any dangerous drug.
13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources of Dangerous
Drugs
 Any person who shall plant, cultivate or culture marijuana, opium poppy or any other plant
regardless of quantity is considered a source of a dangerous drug.
14. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
22
 Any practitioner, manufacturer, wholesaler, importer distributor, dealer or retailer who

violates or fails to comply with the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled precursor and essential chemical.
15. Unnecessary Prescription of Dangerous Drugs.
 Any practitioner who shall prescribe any dangerous drugs to any person whose physical
or physiological condition does not require the use of the drug.
 It is determined after examination of competent experts if practitioners.
16. Unlawful Prescription of Dangerous Drugs
 Any person unauthorized by law shall make or issue a prescription or any other writing that
purports to be a prescription for any dangerous drugs
**Plea-Bargaining
 Any person charged under any provision of this Act regardless of the imposable penalty
shall not be allowed to avail of the provision on plea-bargaining
 Salvador Estipona Jr. v. Hon. Frank E. Lobrigo

o August 15, 2017 Supreme Court declared the provision on Plea-Bargaining in RA 9165 as
UNCONSTITUTIONAL for it violates the rule making power of the Supreme Court.
 Department Circular 61 issued by the Department of Justice Specified the Acts that can
avail of plea bargaining:
o Sale, trading etc. of controlled precursor and essential chemicals
o Acting as a Protector/Coddler
o Maintenance of Den, Dive or Resort where controlled precursors and essential chemicals
are used or sold
o Employees or visitors of den, dive, or resort
o Manufacture of controlled precursors and essential chemicals
o Illegal chemical diversion of controlled precursors and essential chemicals
o Possession of equipment, apparatus, and other paraphernalia for dangerous drugs during
parties, social gatherings, or meetings.
o Failure in the maintenance and keeping or original records of transactions on Dangerous
Drugs and/or controlled precursors and essential chemicals.
o Unnecessary prescription of dangerous drugs
o Unlawful prescription of dangerous drugs
o Issuance of false, fraudulent drug test results
The Supreme Court released on October 23, 2017 an order to judges to refrain from acting on
motions and requests for plea bargaining in drug cases and on November 07, 2017 the decision
of Estipona v. Lobrigo became final and executory and on January 17, 2018 the Office of the
Court Administrator in its OCA Circular No. 09-2018 allowed now the plea bargaining in all pending
cases of dangerous drugs.
23
3. Rule for Child Offenders under RA 9165

A first-time minor offender over 15 years of age at the time of the commission of an offense
but below 18 years of age at the time of judgment may be given suspended sentence if:
 he has not been previously convicted
 he has not been previously committed to a center
 The Board recommended that sentence be suspended
If the accused first time minor offender under suspended sentence complies with all
applicable rules and regulations of the board even in confinement in a center, the court shall
discharge the accused and dismiss all proceedings.
Privilege of suspended sentence may only be availed of once.
If the minor violates any of the conditions of his/her suspended sentence the court shall
pronounce judgment of conviction and he/she shall serve the sentence as a convicted person.
Probation or community service may be given upon the discretion of the court or impose
community service in lieu of imprisonment.
4. Financier and Protector/Coddler under RA 9165

A Financier is any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities prescribed under this Act.
A Protector/Coddler is any person who knowingly and willfully consents to the unlawful acts
provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution
and conviction of the violator.
5. Persons Liable in the Crime of Counterfeit Drugs RA 8203

 The manufacturer, exporter, importer of the counterfeit drugs and their agents
 The seller, distributor, trafficker, broker or donor and their agents, upon proof of actual or
constructive knowledge that the drugs sold distributed, offered or donated are counterfeit drugs.
 The possessor of counterfeit drugs
 The manager, operator or lessee of the laboratory or laboratory facilities used in the
manufacture of counterfeit drugs.
 The owner, proprietor, administrator, manager of the drugstore, hospital pharmacy or
dispensary, laboratory or other outlets
 The registered pharmacists of the outlet where the counterfeit drug is sold, found or who sells or
dispenses such drug to a third part and has knowledge that said drug is counterfeit
 If the offense is committed by a juridical person the president, general manager, managing
partner, chief operating officer or the person who directly induces, causes or knowingly allows the
commission of the offense.
6. M was 17 years old when he was charged for violation of Sec 5 RA 9165 by the time he was
convicted and sentenced he was already 21 years old. The court sentenced him to suffer and
indeterminate penalty of 6 years and 1 day of prision mayor as minimum to 17 years and four
months of reclusion temporal as maximum and a fine of 500,000 pesos. M applied for probation
but his application was denied because the probation does not apply to drug offenders. Michael
sought the suspension of his sentence under RA 9344 or the Juvenile Justice and Youth Welfare
Code. Can M avail the suspension of his sentence?
24
No, he cannot avail the suspension of his sentence. Under RA 9165, a suspension of
sentence can only be availed by a first time minor offender who, at the commission of the offense
is over 15 years of age and not over 18 years of age at the time when judgment should have been
promulgated.
M was sentenced to imprisonment at the age of 21 which is over the age of 18 thus he
cannot avail the suspension of sentence for minor offenders.
7. A falsified official or public document was found in the possession of the accused. No evidence
was introduced to show that the accused was the author of the falsification. As a matter of fact,
the trial court convicted the accused of falsification of official or public document mainly on the
proposition that the only person who could have made the erasures and superimpositions
mentioned is the one who will be benefited by the alterations thus made and that he alone could
have the motive for making such alterations. Was the conviction proper although the conviction
was premised merely on the aforesaid ratiocination?
Yes, the conviction is proper because there is a presumption in law that the possessor and
user of a falsified document is the one who falsified the same.
TITLE VI: CRIMES AGAINST PUBLIC MORALS
1. What are acts punishable under the Anti-Trafficking in Persons Act of 2003 (RA 9208). You should
be able to answer the 3 punishable acts and the particular acts resulting.
Acts of Trafficking in Persons:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or apprenticeship,
for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national,
for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor
or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said
person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Acts that Promote Trafficking in Persons:
25
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment
for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for
the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition
of clearances and necessary exit documents from government agencies that are mandated to
provide pre-departure registration and services for departing persons for the purpose of promoting
trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international
and local airports, territorial boundaries and seaports who are in possession of unissued, tampered
or fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.
Qualified Trafficking in Persons:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS).
2. What acts are considered as "qualified trafficking in persons" and what is the penalty?
The following are considered as qualified trafficking:
1. When the trafficked person is a child
2. When the adoption is effected through Republic Act No. 8043, otherwise known as the
“Inter-Country Adoption Act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage
26
3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed

committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group
4. When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee
5. When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies
6. When the offender is a member of the military or law enforcement agencies
7. When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with HIV or AIDS
In these cases, the penalty is life imprisonment and a fine ranges from 2M to 5M pesos.
3. Rule on mail to order brides.

It shall be unlawful for any person, whether natural or juridical, to directly or indirectly
engage in any business or scheme for money, profit, material, economic or other consideration
which has for its purpose the matching or offering of a Filipino to a foreign national for marriage
or common law partnership on a mail-order basis or through personal introduction, email, or
websites in the internet.
4. Rule on simulation of birth certificates.

Simulation of birth is the tampering of the civil registry making it appear in the birth records
that a certain child was born to a person who is not his/her biological mother, causing such child
to lose his/her true identity and status. Sec. 22. Rectification of Simulated Births. – A person who
has, prior to the effectivity of this Act, simulated the birth of a child shall not be punished for such
act: Provided, That the simulation of birth was made for the best interest of the child and that
he/she has been consistently considered and treated by that person as his/her own son/daughter:
Provided, further, That the application for correction of the birth registration and petition for
adoption shall be filed within five (5) years from the effectivity of this Act and completed
thereafter: Provided, finally, That such person complies with the procedure as specified in Article
IV of this Act and other requirements as determined by the Department.
5. Definition of Illegal Numbers Game

It is any form of illegal gambling activity which uses numbers or combinations thereof as
factors in giving out jackpots.
6. Difference between grave scandal and alarms and scandal

• Grave scandal consists of acts which are offensive to decency and good customs. They are
committed publicly and thus, give rise to public scandal to persons who have accidentally
witnessed the acts
• If the acts complained of are punishable under another provision of the RPC, Art 200 is not
applicable
• The essence of grave scandal is publicity and that the acts committed are not only contrary to
morals and good customs but must likewise be of such character as to cause public scandal to
those witnessing it
27
 Alarms and scandals are crimes of disturbance, disturbance of the public peace, by means of
causing a scandal or an alarming situation, as described by the law above.
7. Definition of prostitutes and mendicants

The term “prostitutes” refers to women who habitually indulge in sexual intercourse or
lascivious conduct, for money or profit.
The term "Mendicant" refers to any person who has no visible and legal means of support,
or lawful employment and who is physically able to work but neglects to apply himself to some
lawful calling and instead uses begging as a means of living.
8. RULE ON GIVING ALMS TO MENDICANTS

Section 5 of PD 1563 states that any person who abets mendicancy by giving alms directly
to mendicants, exploited infants and minors on public roads, sidewalks, parks and bridges shall be
punished by a fine not exceeding P400.
VII. ON TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS
1. Enumerate the Crimes Committed by Public Officers

 Knowingly rendering unjust judgment  Escape of prisoner under the custody of a
 Judgment rendered through negligence person not a public officer
 Unjust interlocutory order  Removal, concealment or destruction of
 Malicious delay in the administration of documents
justice  Officer breaking seal
 Prosecution of offenses; negligence and  Opening of closed documents
tolerance  Revelation of secrets by an officer
 Betrayal of trust by an attorney or solicitor. -  Public officer revealing secrets of private
Revelation of secrets individual
 Direct bribery  Open disobedience
 Indirect bribery  Disobedience to order of superior officer,
 Qualified bribery when said order was suspended by inferior
 Corruption of public officials officer
 Frauds against the public treasury and  Refusal of assistance
similar offenses  Refusal to discharge elective office
 Other Frauds  Maltreatment of prisoners
 Prohibited transactions  Anticipation of duties of a public office
 Possession of prohibited interest by a public  Prolonging performance of duties and
officer powers
 Malversation of public funds or property  Abandonment of office or position
 Failure of accountable officer to render  Usurpation of legislative powers
accounts  Usurpation of executive functions
 Failure of a responsible public officer to  Usurpation of judicial functions
render accounts before leaving the country  Disobeying request for disqualification
 Illegal use of public funds or property  Orders or requests by executive officers to
 Failure to make delivery of public funds or any judicial authority
property  Unlawful appointments
 Conniving with or consenting to evasion  Abuses against chastity
 Evasion through negligence
28
2. Enumerate the acts punishable as corrupt practices of public officers in the context of Section
3 of RA 3019
(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene
under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year after
its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative
or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within
a reasonable time on any matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of
or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Directly or indirectly having financial or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in which
he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member,
and which exercises discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel
or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance
of its authorized release date.
29
3. Acts considered as Betrayal of Trust by an Attorney or Solicitor

 Causing damage to his client, either –
o by any malicious breach of professional duty;
o by inexcusable negligence or ignorance.
 Revealing any of the secrets of his client learned by him in his professional capacity;
 Undertaking the defense of the opposing party in the same case, without the consent of his first
client, after having undertaken the defense of said first client or after having received confidential
information from said client.
4. Bribery & Corruption of Public Official

 The accused in the direct bribery case is the public officer only. The bribe-giver will be punished
for Corruption of a Public Officer.
 Private persons are liable if they are performing public functions such as assessors, arbitrators,
appraisers and claim commissioners. These private persons are usually designated and/or
directed by the court to perform these functions as part of pending proceedings, and to submit
their findings to the court.
 Corruption of a Public Officer is in addition to his liability if the act done by the officer is a crime
in which case he is a principal by inducement.
5. Distinctions between Direct Bribery and Indirect Bribery

 In both crimes, the public office receives a gift.
 In Direct Bribery, there is an agreement between the officer and the gift-giver. In indirect bribery,
there is no such agreement.
 In direct bribery, the offender agrees to perform an act or refrains from doing something
because of the gift or promise. In indirect bribery it is unnecessary that the offender should do or
promise any act as it is enough that he accepted the gift by reason of his office.
6. Memorize the Elements of Bribery

 a public officer
 received directly or through another, some gift or present, offer or promise
 such gift, present offer or promise has been given in consideration of his commission of some
crime, or any act not consisting a crime, or to refrain from doing something which it is his official
duty to do
 the crime or act relates to the exercise of his functions as a public officer
7. Offenses under the Anti-Money Laundering Act (RA 9160)

(a) Knowingly transacting or attempting to transact any monetary instrument or property that
represents, involves, or relates to, the proceeds of any unlawful activity
(b) Performing or failing to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraph (a) above
(c) Failure to file and disclose that any monetary instrument or property with the Anti-Money
Laundering Council (AMLC) as required
Cycle of Laundering
a. Placement – moving the funds from direct association with the crime;
b. Layering – disguising the trail to foil pursuit; and,
c. Integration – making the money available to the criminal, once again, with its occupational
and geographic origins hidden from view.
30
8. Direct Bribery, Indirect Bribery and Corruption of Public Officials. Effect if a public office returns
the bribe money handed over to him.
A public officer who immediately returns the bribe money handed over to him commits no
crime.
9. Anti-Graft & Corrupt Practices Act (RA 3019). Definition of Gross Negligence and Ill-Gotten
Wealth
Gross negligence – negligence characterized by the want of even slight care, acting or omitting
to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally
with a conscious indifference to consequences in so far as other persons may be affected. It is the
omission of that care which even inattentive and thoughtless men never fail to take on their own
property. (Fonacier v. Sandiganbayan, G.R. No. 50691, December 5,1994, 238 SCRA 655, 687.)
Ill-gotten wealth – any asset, property, business, and enterprise or material possession of any
person acquired by him directly or indirectly through dummies, nominees, agents, subordinates
and/or business associates by any combination or series of the following means or similar schemes:
(1) misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury
(2) receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity in connection with any government
contract or project or by reason of the office or position of the public office concerned
(3) illegal or fraudulent conveyance or disposition of assets belonging to the National Government
or any of its subdivisions, agencies or instrumentalities, or government owned or controlled
corporations and their subsidiaries
(4) obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other
form of interest or participation including the promise of future employment in any business
enterprise or undertaking
(5) establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests
(6) taking advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense of and to the damage and prejudice of the Filipino
people and the Republic of the Philippines
10. Granting Immunity from Prosecution to Givers of Bribes and Other Gifts and to Their
Accomplices in Bribery and other graft cases against officers. Who may be granted immunity
under this act?
Immunity may be granted to any person who voluntarily gives information about any
violation of:
 Articles 210, 211 and 212 of the Revised Penal Code
 RA 3019, as amended
 Section 345 of the Internal Revenue Code
 Section 3604 of the Tariff and Customs Code
 other provisions of the said Codes penalizing abuse or dishonesty on the part of the public
officials concerned
 other laws, rules and regulations punishing acts of graft, corruption and other forms of official
abuse
who willingly testifies against any public official or employee for such violation
31
11. Memorize punishable acts to the crime of Plunder under the Plunder Law
Anti-Plunder Act - Any public officer who, by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt
criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at
least Fifty million pesos (P50, 000,000.00) shall be guilty of the crime of plunder.
 misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury
 receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity in connection with any government
contract or project or by reason of the office or position of the public officer concerned
 illegal or fraudulent conveyance or disposition of assets belonging to the National Government
or any of its subdivisions, agencies or instrumentalities or government-owned/controlled
corporations and their subsidiaries
 obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other
form of interest or participation including promise of future employment in any business enterprise
or undertaking
 establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests
 taking undue advantage of official position, authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines.
12. What is meant by “combination” and “series” of overt and criminal acts under the Plunder
Law?
• Combination refers to at least two (2) acts falling under different categories of enumeration
provided in Sec. 1, par. (d).
• Series consists of two (2) or more overt or criminal acts falling under the same category of
enumeration found in Sec. 1, par. (d)
13. Is the crime of plunder malum in se or malum prohibitum?

Malum in se, being inherently immoral or inherently wrong, which requires proof of criminal
intent. It is noteworthy that the amended information alleges that the crime of plunder was
committed "willfully, unlawfully and criminally." It thus alleges guilty knowledge on the part of
petitioner.
14. When can malversation be committed by private individuals?

A private person conspiring with an accountable public officer in committing malversation
is also guilty of malversation.
15. Definition of Technical Malversation.

Using public funds to any public use other than for which such fund or property were
appropriated by law or ordinance
Distinction of Malversation from Technical Malversation.
1. Offenders in both crimes are public officers
2. In Illegal use, the public officer does not derive personal gain of profit In malversation, the
offender in certain cases profits.
32
3. In Illegal use, the public fund or property is applied to another public use; In malversation,
the public fund or property is applied to personal use.
16. In Malversation of Public Funds, the offender’s return of the amount malversed has what effect?
Return of the funds malversed is only a mitigating circumstance.
17. May the crime of Malversation be committed by a private individual?

Yes, malversation may be committed by:
 Private individuals who, in any capacity whatever, have charge of any national, provincial or
municipal funds, revenues, or property
 Any administrator or depository of funds or property attached, seized or deposited by public
authority, even if such property belongs to a private individual.
18. May private property be the subject matter of the crime of Malversation?
Private property may be involved in malversation if such property is attached, seized, or
deposited by public authority, even if such property belongs to a private individual.
19. A, a detention prisoner, was taken to a hospital for emergency medical treatment. His
followers, all of whom were armed, went to the hospital to take him away or help him escape. The
prison guards, seeing that they were outnumbered and that resistance would endanger the lives
of other patients, decided to allow the prisoner to be taken by his followers. What crime, if any,
was committed by A’s followers? Why?
A’s followers shall be liable as principals in the crime of delivery of prisoner from jail.
The felony is committed not only by removing from any jail or penal establishment any
person confined therein but also by helping in the escape of such person outside of said
establishments by means of violence, intimidation, bribery, or any other means.
20. Randy, an NBI agent, was issued by the NBI an armalite rifle (Ml6) and a Smith and Wesson
Revolver. Cal. 38. After a year, the NBI Director made an inspection of all the firearms issued.
Randy, who reported for work that morning, did not show up during the inspection. He went on
absence without leave (AWOL). After two years, he surrendered to the NBI the two firearms issued
to him. He was charged with malversation of government property before the Sandiganbayan.
Randy put up the defense that he did not appropriate the armalite rifle and the revolver for his own
use, that the delay in accounting for them does not constitute conversion and that actually the
firearms were stolen by his friend, Santiago. Decide the case.
Randy is guilty as charged for Malversation of Public Funds or Property. He is accountable
for the firearms they issued to him in his official capacity. Randy’s failure to submit the firearms
upon demand created the presumption that he converted them for his own use. Even if there is
no direct evidence of misappropriation, his failure to account for the government property is
enough factual basis for a finding of malversation. Indeed, even his explanation that the guns
were stolen is incredible. For if the firearms were actually stolen, he should have reported the
matter immediately to the authorities.
21. Petitioner, a BIR official tasked to examine the Books of Accounts for Income and Business Tax
and other accounting records of professionals, one day appeared in the complainant’s office and
told the latter that his tax deficiencies would amount to P500,000. Because his books were not
examined, complainant entertained that it was the start of an extortion, and he tried to negotiate
33
for a smaller amount. He requested the assistance of the NBI for an entrapment operation. On the
set payoff date, petitioner appeared in the complainant’s office. The meeting ensued and the
complainant handed an envelope with the planted money. Petitioner accepted the envelope,
opened it, looked inside and saw the money. He then closed the envelope and placed it in front
of him. After that, the NBI apprehended him. Is demand, coming from the accused public officer,
necessary to convict him under Section 3 (b) of RA 3019?
No, demand is immaterial. Even if the gift was not demanded by the public officer and
the offer was not made voluntarily prior to said demand, public officer is liable if he accepts the
gift or consents to the promise.
34

Crim 2 Reviewer PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Crim 2 Reviewer PDF

Uploaded by

Copyright:

Available Formats

CRIMINAL LAW II MIDTERM REVIEWER

TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

1. Human Security Act of 2007 (RA 9372)

2. Meaning of “giving aid or comfort” in treason

4. Distinctions between espionage and treason

5. Who can be liable for Article 121 (Flight to enemy’s country)

6. Acts punished as Piracy

7. Distinctions between piracy and robbery on the high seas

8. Modes of Committing Treason and ways of Proving Treason

Punishable Acts: LEAD

 Levying war against the Government

Ways of Proving: 2CON

 Testimony of two witnesses, at least, to the same overt act;

 Unlawfully obtaining or permitting to be obtained information affecting national defense

 Making or causing to be made in a defective manner, or attempting to make or cause to be

Punishable Acts under Piracy:

 Any attack upon or seizure of any vessel

Punishable Acts under Highway Robbery/Brigandage

 Any attack or seizure on any highway

 the vessel is on the high seas or in Philippine waters

Highway Robbery or Brigandage refers to acts of robbery perpetrated by outlaws

Robbery committed on a Highway is normal robbery done in a Philippine Highway.

13. When is an aircraft considered in flight?

15. Is there hijacking in the attempted stage?

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

2. Classes of Arbitrary Detention:

3. What are the legal grounds for detention?

4. When is an arrest by a peace officer or by a private person considered lawful?

5. What is the difference between violation of domicile and trespass to dwelling?

6. Punishable Acts in the Anti-Torture Act of 2009 (RA 9745)

Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a

7. Rule in Unlawful Arrest and Incriminating an Innocent Person

TITLE III: CRIMES AGAINST PUBLIC ORDER

1. Crime against Public Order

2. Persons Liable in rebellion

3. Distinctions between rebellion and subversion

4. Rebellion VS Coup d’état

5. COUP D’ETAT AND THE NEW FIREARMS LAW (RA 8294)

6. DIFFERENCE BETWEEN INCITING TO REBELLION AND PROPOSAL TO COMMIT REBELLION

10. DEFINITION OF IMITATION FIREARM AND LIABLITY ATTACHED

11. PERSONS LIABLE IN ILLEGAL ASSEMBLY

12. ACTS PUNISHABLE IN ALARMS & SCANDALS

14. Can there be a complex crime of coup d'etat with sedition?

18. INCITING TO REBELLION, INSURRECTION, SEDITION, INCITING TO SEDITION. Memorize elements

INCITING TO REBELLION OR INSURRECTION

19. STATEMENTS CONSTITUTING INCITING TO SEDITION

People vs. Dasig

21. WHO ARE PUBLIC OFFICERS

 takes part in performance of public functions

22. The three ways of committing arbitrary detention:

24. Memorize RPC, Article 157 on evasion of service of sentence

29. Cases of Direct Assault

30. Distinctions between Direct Assault and Resistance

31. Definition of “CHARIVARI”

TITLE IV: CRIMES AGAINST PUBLIC INTEREST

1. Enumerate the Crimes against Public Interest

3. Distinctions between perjury and false testimony.

5. When can malversation be committed by private individuals? In malversation of public funds,

TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

i. Possession of Dangerous Drugs during Parties, Social Gatherings or Meetings

1. Importation of Dangerous Drugs or Controlled Precursors and Essential Chemical

2. Sale, Trading, Administration, Dispensing, Deliver, Distribution and Transportation of

3. Maintenance of Den, Dive or Resort