Crim 2 Reviewer

REVIEWER IN CRIMINAL LAW (BOOK 2)
Culled from the book of boado
CRIMES AGAINST NATIONAL to the enemies, giving them aid or

SECURITY AND THE LAWS OF comfort.
NATION
WHAT ARE THE ACTS OF TREASON?
Crimes against National Security
• Treason (114) Acts of treason include levying war
• Conspiracy and proposal to against the government and adhering to
commit treason (115) the enemies of the Philippines by giving
• Misprision of treason (116) them aid and comfort.
• Espionage (117)
WHO CAN BE LIABLE FOR
Crimes against the Law of Nation TREASON?
• Inciting to war and giving motives
for reprisal (118) Both Filipino citizens and aliens can be
• Violation of neutrality (119) liable for treason; for Filipino citizens,
• Correspondence with hostile because they owe permanent allegiance
country (120) to the Philippines as such. For aliens,
• Flight to enemy country (121) because of their presence here, they
• Piracy in general and mutiny on owe temporary allegiance to this
the high seas or in Philippine country.
waters (122)
WHAT KIND OF ALLEGIANCE DO
Crimes against national security and FILIPINO CITIZENS OWE THEIR
laws of nation are those crimes which COUNTRY?
poses a great threat or imminent danger
to the security and laws of the nation. Absolute and permanent allegiance,
which consists in the obligation of fidelity
WHAT IS TREASON? and obedience to his government or
sovereign.
Treason is a breach of allegiance to a
government, committed by a person WHAT IS ALLEGIANCE?
who owes allegiance to it.
Allegiance has been defined as the
WHAT IS THE NATURE OF THE obligation for fidelity and obedience
CRIME OF TREASON? which the individual owes to his
government or to his sovereign in return
Treason is of such a nature that it may for the protection which he receives.
be committed by one single act, by a
series of acts, or by several series WHAT ARE THE WAYS TO PROVE
thereof, not only in a single time, but in TREASON IN ORDER TO CONVICT A
different times, it being a continuous PERSON OF SUCH CRIME?
crime.
A person may be convicted of treason
WHAT ARE THE ELEMENTS OF on any of the following evidence only:
TREASON?
1. Testimony of two witnesses to the
1. That the offender is a Filipino citizen same overt act; or
or an alien residing in the 2. Confession of the accused in open
Philippines; court.
2. That there is a war in which the
Philippines is involved; WHAT IS A TWO-WITNESS RULE?
3. That the offender either levies war
against the government or adheres It is that no person shall be convicted of
treason unless on the testimony of two
Carmelita B. Juanzon
Juris Doctor
PUP-College of Law
witnesses to the same overt act. If the adhere to the enemies and to give them
overt act is separable, two witnesses aid or comfort, and decide to commit it.
must also testify to each part of the
overt act for conviction. Proposal to commit treason is
committed when in time of war a person
CAN TREASON BE PROVED BY who has decided to levy war against the
CIRCUMSTANTIAL EVIDENCE OR BY Government or to adhere to the
THE EXTRAJUDICIAL CONFESSION enemies and to give them aid or
OF THE ACCUSED? comfort, proposes its execution to some
other person or persons.
No. The RPC as well as the Rules of
Court do not authorize the conviction of HOW IS CONSPIRACY AND
a person accused of treason if the PROPOSAL TO COMMIT TREASON
evidence against him is circumstancial, PENALIZED?
however strong or convincing it may be,
or is only an extrajudicial confession. Conspiracy is penalized by prision
mayor and a fine not exceeding
WHAT IS THE EXTENT OF AID OR P10,000, while proposal to commit
COMFORT REQUIRED TO CONSIDER treason is penalized by prision
THE OFFENSE AS TREASON? correccional and a fine not exceeding
P5,000.
As a general rule, to be treasonous, the
extent of the aid and comfort given to WHAT IS MISPRISION OF TREASON?
the enemies must be to render
assistance to them as enemies and not It is the failure of a citizen to report as
merely as individuals and, in addition, soon as possible a conspiracy, which
be directly in furtherance of the enemies' comes to his knowledge, against the
hostile design. government. But there must be a war in
which the Philippines is involved. The
WHAT ARE THE AGGRAVATING offender shall be punished as an
CIRCUMSTANCES IN TREASON? accessory to the crime of treason.
Cruelty and ignominy are the DISTINGUISH TREASON FROM

aggravating circumstances in treason. ESPIONAGE?
WHAT ARE THE PENALTIES IMPOSED Treason is committed only in time of

BY THE RPC IN CRIMES OF war, while espionage may be committed
TREASON? both in time of peace and in time of war.
Treason is limited in two ways of
1. To a Filipino citizen, reclusion committing the crime: levying war, and
perpetua and a fine not to exceed adhering to the enemy giving him aid or
P100,000. comfort; while espionage may be
2. To a resident alien, reclusion committed in many ways.
temporal and a fine not to exceed
P100,000. WHAT IS ESPIONAGE?
HOW ARE THE CRIMES OF It is an offense of gathering,

CONSPIRACY AND PROPOSAL TO transmitting, or losing information
COMMIT TREASON COMMITTED? respecting the national defense with
intent or reason to believe that the
Conspiracy to commit treason is information is to be used to the injury of
committed when in time of war, two or the Republic of the Philippines or to the
more persons come to an agreement to advantage of any foreign nation.
levy war against the Government or to
Juris Doctor
PUP-College of Law
WHAT IS PIRACY? CRIMES AGAINST THE

FUNDAMENTAL LAWS OF THE
It is robbery or forcible depredation on STATE
the high seas, without lawful authority
and done with animo furandi and in the • Arbitrary detention (124)
spirit and intention of universal hostility. • Delay in the delivery of detained
persons to the proper judicial
WHAT ARE THE ELEMENTS OF authorities (125)
PIRACY? • Delaying release (126)
• Expulsion (127)
1. That a vessel is on the high seas or • Violation of domicile (128)
in Philippine waters; • Search warrants maliciously
2. That the offenders are not members obtained and abuse in the service
of its complement or passengers of of those legally obtained (129)
the vessel; • Searching domicile without
3. That the offenders attach or seize witnesses (130)
that vessel, or seize the whole or • Prohibition, interruption and
part of the cargo of said vessel, its dissolution of peaceful meetings
equipments or personal belongings (131)
of its complement or passengers. • Interruption of religious worship
(132)
WHAT IS MUTINY?
Crimes against the fundamental laws of
Is the unlawful resistance to a superior the state are offenses which violates
officer, or the raising of commotions and certain provisions of the bill of rights.
disturbances on board a ship against
the authority of its commander. WHAT ARE THE ELEMENTS OF
ARBITRARY DETENTION?
DISTINGUISH PIRACY AND MUTINY?
1. That the offender is a public officer or
In piracy, the persons who attack the employee;
vessel or seize its cargo are strangers to 2. That he detains a person;
said vessels; while in mutiny, they are 3. That the detention is without legal
members of the crew or passengers. grounds.
While the intent to gain is essential in WHAT ARE THE LEGAL GROUNDS
the crime of piracy, in mutiny, the FOR THE DETENTION OF ANY
offenders may only intend to ignore the PERSON?
ship's officers or they may be prompted
by a desire to commit plunder. 1. The commission of a crime;
2. Violent insanity or any other ailment
WHAT ARE THE CIRCUMSTANCES requiring the compulsory
WHICH QUALIFY PIRACY? confinement of the patient in a
hospital.
1. Whenever the offenders have seized
the vessel by boarding or firing upon WHEN DOES DETENTION BECOME
the same; ARBITRARY?
2. Whenever the pirates have
abandoned their victims without The detention becomes arbitrary only
means of saving themselves; when the time required for the delivery
3. Whenever the crime is accompanied of prisoner to the judicial authority
by murder, homicide, physical lapses. The RPC contemplates that
injuries, or rape. there was a legal cause for arresting but
without a warrant of arrest.
Juris Doctor
PUP-College of Law
c. 36 hours for crimes or offenses

WHAT IS THE USUAL CAUSE OF punishable by afflictive or capital
ARBITRARY DETENTION? penalties, or their equivalent.
A peace officer must have a warrant of WHAT WOULD BE THE OFFENSE IF

arrest properly issued by the court in THE OFFENDER IS A PRIVATE
order to justify an arrest. If there is no PERSON?
such warrant of arrest, the arrest of a
person by a public officer may constitute A private individual who makes a lawful
arbitrary detention. arrest must also comply with the
requirements prescribed in Art. 125. If
WHAT ARE THE CIRCUMSTANCES he fails to do so, he shall be guilty of
WHEN ARREST WITHOUT WARRANT illegal detention (Art. 267 or 268), not
BECOMES LAWFUL? arbitrary detention.
A peace officer or a private person may, COMPARE ARBITRARY DETENTION

without a warrant, arrest a person: WITH UNLAWFUL ARREST?
1. When, in his presence, the person to Arbitrary detention is committed by a

be arrested has committed, is public officer authorized to arrest and
actually committing, or is attempting detain a person but he does so without
to commit an offense (inflagrante lawful cause. While unlawful arrest is by
delicto); either private individual or public officer
2. When he has probable cause to who feigned to arrest a person without
believe based on personal any legal cause, the purpose is to bring
knowledge of facts and him to authority and file a charge.
circumstances that the person to be
arrested has committed the offense WHAT ARE THE CRIMES KNOWN AS
(probable cause); and VIOLATION OF DOMICILE?
3. When the person to be arrested is a
prisoner who has escaped from a 1. Violation of domicile by entering a
penal establishment (escaped dwelling against the will of the owner
prisoner). thereof or making search without
previous consent of the owner (Art.
WHAT ARE THE ELEMENTS OF 128);
DELAY IN THE DELIVERY OF 2. Search warrants maliciously
DETAINED PERSONS TO THE obtained and abuse in the service of
PROPER JUDICIAL AUTHORITIES? those legally obtained (Art. 129);
3. Searching domicile without
1. That the offender is a public officer or witnesses (Art. 130).
employee;
2. That he has detained a person for HOW IS VIOLATION OF DOMICILE
some legal ground; COMMITTED AND BY WHOM?
3. That he fails to deliver such person
to the proper judicial authorities This crime may be committed by a
within: public officer authorized to implement a
search warrant or warrant of arrest but
a. 12 hours for crimes or offenses at the time of the incident he is not
punishable by light penalties, or authorized to do so by judicial order. In
their equivalent; other words, he is not armed with a
b. 18 hours for crimes or offenses warrant. When the entry is done
punishable by correctional surreptitiously, and the owner ordered
penalties, or their equivalent; the public officer to leave, refusal to
Juris Doctor
PUP-College of Law
leave would amount to violation of

domicile. The crime of rebellion is committed by
rising publicly and taking up arms
WHAT IS PROBABLE CAUSE? against the government for any of the
purposes specified in Art. 134 which are
Probable cause can be defined as such political in nature.
facts and circumstances which could
lead a reasonable discreet and prudent WHAT IS THE NATURE OF THE
man to believe that an offense has been CRIME OF REBELLION?
committed and that the object sought in
connection with the offense are in the Rebellion is a continuing crime hence
place sought to be searched. rebels can be arrested at anytime
without a warrant.
WHAT ARE THE CRIMES AGAINST
RELIGIOUS WORSHIP? DISTINGUISH REBELLION FROM
TREASON?
1. Interruption of religious worship (Art.
132); and 1. Treason is a crime against national
2. Offending the religious feelings (Art. security; while rebellion is a crime
133). against public order.
2. Treason and rebellion both
CRIMES AGAINST PUBLIC ORDER constitutes levying war against the
government, however, treason is
• Rebellion, insurrection, coup committed only in times of war; while
d’etat, sedition (134-142) rebellion during peace time.
• Crimes against legislative bodies 3. Rebellion always involve taking up
and similar bodies (143-145) arms against the government;
• Illegal assemblies and treason may be committed by mere
associations (146-147) adherence to the enemy by giving
• Direct/Indirect assault, resistance them aid or comfort.
and disobedience (148-152)
• Public disorders – tumults, alarms DISTINGUISH REBELLION FROM
and scandals, delivery of COUP D'ETAT?
prisoners (153-156)
• Quasi-recidivism (160) 1. In rebellion, the essence of the crime
is rising publicly and taking up arms
Crimes against public order are those against the government, while in
acts which causes public disorder and coup the essence of the crime is a
disturbance of the peace of the public in swift attack against the government,
general. its military camps, communication
networks and public facilities and
IS REBELLION A CRIME AGAINST utilities essential to the continued
NATIONAL SECURITY? exercise of the governmental
powers.
No. Rebellion is included in crimes 2. Rebellion involves a multitude of
against public order. As such, it is not people and does not require as a
among the exceptions to the territoriality principal offender a member of the
rule under Art. 2 of the RPC. Hence, AFP, PNP or a public officer, and the
rebellion planned and carried out objective is to overthrow the
outside of the Philippines is not within government and establish their own;
this jurisdiction. while, coup may be committed singly
or collectively and requires that the
HOW IS THE CRIME OF REBELLION principal offender a member of the
COMMITTED? AFP, PNP or a public officer and its
Juris Doctor
PUP-College of Law
objective is to destabilize or 1. Without public uprising, by

immobilize or paralyze the existing employing force or intimidation for
government. the attainment of any of the
purposes enumerated in defining the
DISTINGUISH REBELLION FOR crimes of rebellion and sedition;
SUBVERSION? 2. Without public uprising, by attacking,
by employing force, or by seriously
Subversion, like treason, is crime intimidating or seriously resisting any
against national security; while rebellion person in authority or any of his
is a crime against public order. agents, while engaged in the
performance of official duties, or on
DISTINGUISH REBELLION FROM the occasion of such performance.
SEDITION?
WHAT IS THE RATIONALE FOR
In rebellion, the purpose is political, to PENALIZING DIRECT ASSAULT?
overthrow the duly constituted
government. While in sedition, the Direct assault is a crime manifesting the
purpose may be political or social for spirit of lawlessness displayed in the
carrying out protest or disobedience commission of the act indicative of
from a governmental action. The act offender's utter lawlessness or spirit
may be against a social class. against the rule of law. This is shown by
accused in offending, injuring, or
DISTINGUISH SEDITION FROM assaulting a person in authority or an
TREASON? agent of a person in authority who are
the visible representations of the law.
Treason, in its more general sense, is
the violation by a subject of his WHO IS A PERSON IN AUTHORITY?
allegiance to his sovereign or to the
supreme authority of the State; while Any person directly vested with
sedition, in its more general sense, is jurisdiction, whether as an individual or
the raising of commotions or as a member of some court or
disturbances in the State. governmental corporation, board, or
commission, shall be deemed a person
CAN WEARING TSHIRTS PRINTED in authority. A barangay captain and a
WITH ANTI-GOVERNMENT barangay chairman shall also be
INVECTIVES AMOUNT TO INCITING deemed a person in authority. By
TO SEDITION? "directly vested with jurisdiction" is
meant "the power or authority to govern
No. Such act is insufficient to charge a and execute the laws."
person with inciting to sedition.
The following are persons in authority:
WHAT IS THE GRAVAMEN OF THE 1. The municipal mayor
OFFENSE OF ILLEGAL ASSEMBLY? 2. Division superintendent of schools
3. Public and private school teachers
The gravamen of the offense is the mere 4. Teacher-nurse
gathering for unlawful purpose which 5. President of sanitary division
must relate to a crime under the RPC. If 6. Provincial fiscal
the offense is punishable under special 7. Justice of the Peace
law, the offense of illegal assembly is 8. Municipal councilor
not committed. 9. Barrio captain and barangay
chairman
HOW IS DIRECT ASSAULT
COMMITTED? WHEN THE OFFENDED IS A CIVILIAN
WHO AIDS A PERSON IN AUTHORITY
Juris Doctor
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OR HIS AGENT, WHAT CRIME OR example, during midnight in the

CRIMES ARE COMMITTED? neighborhood; and unjust vexation, if
the noise is directed to a particular
When the civilian comes to the aid of a person or family.
person in authority or his agent, he
himself becomes an agent of a person WHAT ARE THE THREE KINDS OF
in authority. Consequently, the assault EVASION OF SERVICE OF
on him constitutes the crime of indirect SENTENCE?
assault under Art. 149.
1. Escaping during the term of his
WHAT ARE THE CRIMES CLASSIFIED sentence (Art. 157);
UNDER PUBLIC DISORDERS? 2. On the occasion of disorders (Art.
158);
1. Tumults and other disturbances of 3. Violating the conditions of conditional
public order (153); pardon (Art. 159).
2. Unlawful use of means of publication
and unlawful utterances (154); WHAT ARE THE ELEMENTS OF
3. Alarms and scandals (155); EVASION OF SERVICE OF
4. Delivering prisoners from jails (156). SENTENCE UNDER ART. 157?
WHAT ACTS ARE PUNISHED AS 1. That the offender is a convict by final

ALARMS AND SCANDALS? judgment;
2. That he is serving his sentence
1. Discharging any firearm, rocket, which consists in deprivation of
firecracker, other explosive within liberty;
any town, or public place, calculated 3. That he evades the service of his
to cause alarm or danger; sentence by escaping during the
2. Instigating or taking an active part in term of his sentence.
any charivari or other disorderly
meeting offensive to another or WHAT ARE THE CIRCUMSTANCES
prejudicial to public tranquility; WHICH QUALIFY THE OFFENSE
3. Disturbing the public peace while UNDER ART. 157?
wandering about at night or while
engaged in any other nocturnal If such evasion or escape takes place --
amusements;
4. Causing any disturbance or scandal 1. By means of unlawful entry;
in public places while intoxicated or 2. By breaking doors, windows, gates,
otherwise, provided Art. 153 is not walls, roofs or floors;
applicable. 3. By using picklocks, false keys,
WHAT IS CHARIVARI? disguise, deceit, violence, or
intimidation; or
Charivari is a mock serenade where the 4. Through connivance with other
offender actually disturbs the peace by convicts or employees of the penal
using tins, cans, pans, horns, etc. This institution.
brings about the crime of alarms and
scandals. This is equivalent to breach of WHAT ARE THE ELEMENTS OF
the peace in municipal ordinances. EVASION OF SERVICE OF
SENTENCE UNDER ART. 158?
CREATING NOISE AND ANNOYANCE
MAY BRING ABOUT WHAT 1. That the offender is a convict by final
OFFENSES? judgment, who is confined in a penal
institution;
Alarms and scandals, by disturbing the 2. That there is disorder resulting from
public in general by playing noisily, for conflagration, earthquake, explosion,
Juris Doctor
PUP-College of Law
similar catastrophe, or mutiny in person, after having been convicted by

which he has not participated. final judgment, shall commit a new
3. That the offender evades the service felony before beginning to serve such
of his sentence by leaving the penal sentence, or while serving the same.
institution where he is confined, on This circumstance must be alleged in
the occasion of such disorder or the information to be considered.
during the mutiny; Moreover, it will apply only if the
4. That the offender fails to give himself offender has been convicted by final
up to the authorities within 48 hours judgment and he commits a crime
following the issuance of a thereafter.
proclamation by the Chief Executive
announcing the passing away of DISTINGUISH QUASI-RECIDIVISM
such calamity. FROM REITERACION?
WHY IS VIOLATION OF PARDON AN The aggravating circumstance of

EVASION OF SENTENCE? reiteracion requires that the offender
against whom it is considered shall have
It is evasion of sentence because when served out his sentences for the prior
the prisoner accepted the condition, no offenses. While the special aggravating
matter how onerous, he must respect circumstance of quasi-recidivism
the condition. Otherwise, he is deemed requires that the offender, after having
to have accepted the conditional pardon been convicted by final judgment, shall
only to get out of prison or be relieved of commit a new felony before beginning to
the penalty. Further, conditional pardon serve such sentence, or while serving
is extended on the basis of good the same.
conduct in prison, thus if he violates the
condition of his pardon, it shows that he CRIMES AGAINST PUBLIC INTEREST
is not after all a reformed convict.
• Counterfeiting
WHAT IS THE NATURE OF • Forgery
CONDITIONAL PARDON? • Mutilation of coins (164)
• Falsification of legislative
A conditional pardon is a contract documents (170)
between the Chief Executive, who • Falsification of public officers,
grants the pardon, and the convict, who employee or notary (171)
accepts it. Since it is a contract, the • Falsification of private individuals
pardoned convict is bound to fulfill its (172)
conditions and accept all its • Usurpation of authority or official
consequences, not as he chooses, but functions (177)
according to its strict terms. • Using fictitious name and
concealing true name (178)
IS VIOLATION OF CONDITIONAL • Illegal use of uniform or insignia
PARDON A SUBSTANTIVE OFFENSE? (179)
• False testimonies (180-184)
Violation of conditional pardon is not a • Machinations in public auction
substantive offense, because the (185)
penalty imposed for such violation is the • Monopolies and combinations in
unexpired portion of the punishment in restraint of trade, unfair
the original sentence. competition (186-189)
IS QUASI-RECIDIVISM A FELONY? Crimes against public interests are

those which involves acts that causes
It is not a crime but a special danger or injury to the interests of the
aggravating circumstance where a public such as legal tenders, documents
Juris Doctor
PUP-College of Law
whether public, official, private or DISTINGUISH COUNTERFEITING OF

commercial, as the case may be. COINS FROM MUTILATION OF
COINS?
WHAT ARE THE CRIMES CALLED
FORGERIES? Counterfeiting of coins is committed by
means of imitating the peculiar design of
1. Forging the seal of the government, a legal or genuine coin; while mutilation
signature and stamp of the Chief of of coins is committed by means of
Executive (161) taking off part of the metal either by filing
2. Counterfeiting coins (163) it or substituting it for another metal of
3. Mutilation of coins (164) inferior quality. There is counterfeiting
4. Forging treasury or bank notes or when a spurious coin is made; while
other documents payable to bearer there is mutilation if the intrinsic value of
(166) the coin diminishes.
5. Counterfeiting instruments not
payable to the bearer (167) IS MERE POSSESSION OF FALSE
6. Falsification of legislative documents TREASURY OR BANK NOTES ALONE
(170) A CRIMINAL OFFENSE?
7. Falsification of public officer,
employee or notary of ecclesiastical No. Possession of false treasury or bank
minister (171) notes alone is not a criminal offense. For
8. Falsification by private individuals it to constitute an offense under Art. 168
(172) of the Penal Code, the possession must
9. Falsification of wireless, cable, be with intent to use said false treasury
telegraph and telephone messages or bank notes. Hence, it follows that an
(173) information alleging possession of false
10. Falsification of medical certificates, treasury and bank notes without alleging
certificates of merit or service (174) intent to use the same but only intent to
possess them, charges no offense.
WHEN IS COUNTERFEITING NOT A
FORGERY? HOW IS FORGERY COMMITTED?
The subject of forgery should be Forgery includes acts of counterfeiting

treasury or bank notes. If the subject of or forging treasury or bank notes or
forgery were a document other than other documents payable to bearer or to
these, the crime would be falsification. order, and acts of falsification.
HOW IS COUNTERFEITING, DISTINGUISH FORGERY FROM

FORGING AND FALSIFICATION FALSIFICATION?
COMMITTED?
Forgery refers to the falsification and
Counterfeiting is committed by means of counterfeiting of treasury or bank notes
imitating the peculiar design of the legal or any instruments payable to bearer or
or genuine coin of the currency of the to order; while falsification is the
Philippines or of any foreign country. commission of any of the eight acts
Forgery is committed by giving a mentioned in Art. 171 on legislative,
treasury or bank note or any instrument public or official, commercial, or private
payable to bearer or to order the documents, or wireless, or telegraph
appearance of a true and genuine messages.
document; and falsification is committed
by erasing, substituting, counterfeiting, WHAT ARE THE DIFFERENT MODES
or altering by any means, the figures, OF FALSIFYING A DOCUMENT?
letters, words or signs contained therein.
Juris Doctor
PUP-College of Law
1. Counterfeiting or imitating any Misstatements or erroneous assertion in

handwriting, signature or rubric; a public document will not give rise to
2. Causing it to appear that persons falsification as long as he acted in good
have participated in an act or a faith and no one was prejudiced by the
proceeding; alteration or error.
3. Attributing to persons who have
participated in any act or proceeding DISTINGUISH ART. 171 FROM ART.
statements other than those in fact 172?
made by them;
4. Making untruthful statements in a In Art. 171, the offender is a public
narration of facts; officer, employee or notary public, while
5. Altering true dates; in Art. 172, the offender includes a
6. Making alteration or intercalation in a private individual. In Art. 171, the
genuine document which changes its document falsified is any document and
meaning. damage is not an element but the
7. Issuing in authenticated form a erosion of public faith in the documents.
document purporting to be a copy of While in Art. 172, the document falsified
an original document when no such is classified into public, official, and
original exists, or including in such a commercial on the one hand and private
copy a statement contrary to, or on the other; and damage is an element
different from, that of the genuine in the case of falsification of private
original. document and in the use of falsified
8. Intercalating any instrument or note document not in judicial proceedings.
relative to the issuance thereof in a
protocol, registry, or official book. WHAT ARE THE FORMS OF
USURPATION UNDER ART. 177?
WHAT IS PENALIZED IN
FALSIFICATION OF PUBLIC Usurpation of public authority where
DOCUMENT? mere false representation is sufficient to
bring about criminal liability; and
In the crime of falsification of public usurpation of function which is
document, what is punished is the committed when a person performs
violation of the faith or trust of the public functions pertaining to public officer
and the destruction of the truth as under false pretense of public authority.
therein solemnly proclaimed. The
revocation of a falsified document is WHEN CAN A RESIDENT FILIPINO
immaterial to the guilt of the one CITIZEN USE AN ALIAS LEGALLY?
charged with falsification. Consequently,
damage or intent to cause damage is 1. As pseudonym solely for literary,
immaterial. cinema, television, radio or other
entertainment purposes and in
CAN FALSIFICATION BE COMMITTED athletic events;
THROUGH CULPA? 2. Any name other than an original or
real name duly recorded in the
There is no falsification of private proper local civil registry; and
document by culpa because of the 3. Such substitute name as may have
element of intent to cause damage. been authorized by a competent court.
IS GOOD FAITH A DEFENSE IN WHERE IS PERJURY COMMITTED?

FALSIFICATION?
Perjury is committed in testifying in
Yes. There is no falsification of a public cases excluding testimony given in open
document if the acts of the accused are court for this is penalized as false
consistent with good faith. testimony under Arts. 180 to 182.
Juris Doctor
PUP-College of Law
Perjury is committed, for instance, in Any person who has identified in the
testimonies under oath given during mind of the public the goods he
administrative proceedings, manufactures or deals in, his business
Congressional hearings, and the like or services from those of others,
and in sworn statements required by law whether or not a registered mark is
such Statements of Assets and employed, has a property right in the
Liabilities submitted by public officials goodwill of the said goods, business or
and employees. service so identified, which will be
protected in the same manner as other
WILL THE MERE ASSERTION OF property rights.
FALSEHOOD CONSTITUTE
PERJURY? CRIMES RELATIVE TO OPIUM AND
OTHER PROHIBITED DRUGS
No. Mere assertion of falsehood is not
enough to amount to perjury. The ***Arts. 190-194 (Repealed by R.A.
assertion must be deliberate and willful. No. 6425 as amended by R.A. No.
7659 and further amended by R.A.
WHAT IS THE NATURE OF PERJURY 9165)
AS A FELONY AND HOW SHOULD IT
BE TREATED? R.A. NO. 9165 - "Comprehensive
Dangerous Drugs Act of 2002"
Perjury is the willful and corrupt
assertion of a falsehood under oath or WHAT IS THE NATURE OF
affirmation administered by authority of VIOLATIONS OF DANGEROUS
law on a material matter. The felony is DRUGS LAW?
consummated when the false statement
is made. The act of transporting a prohibited drug
is malum prohibitum because it is
WHAT ARE THE TWO ESSENTIAL punished as an offense under a special
ELEMENTS OF PROOF OF law. It is wrong because it is prohibited
PERJURY? by law. Without the law punishing the
act, it cannot be considered wrong. As
There are two essential elements of such, the mere commission of said act
proof of perjury, to wit: 1) The statement is what constitutes the offense punished
made by the defendants must be proven and suffices to validly charge and
false; and 2) It must be proven that the convict an individual caught committing
defendant did not believe those the act so punished regardless of
statements to be true. criminal intent.
WHAT ARE THE CRIMES WHAT ARE THE ACTIONS TO BE

PUNISHABLE UNDER R.A. NO. 8293 TAKEN AGAINST A DRUG USER?
(INTELLECTUAL PROPERTY CODE
OF THE PHILIPPINES)? For the first offense, he shall be
imposed a penalty of a minimum of 6
The crimes punishable under R.A. No. months rehabilitation in a government
8293 are Infringement, Unfair center; for the second apprehension, he
Competition, and False designation of shall suffer the penalty of imprisonment
origin and false description or ranging from 6 years and 1 day to 12
representation. years and a fine of from Php50,000.00
to Php200,000.00.
WHO HAS THE RIGHT TO BE
PROTECTED AGAINST UNFAIR WILL THE INDETERMINATE
COMPETITION? SENTENCE LAW APPLY TO DRUG
VIOLATIONS?
Juris Doctor
PUP-College of Law
incapacitated person who induces or

Yes, since drug offenses are not causes to commit any of the offenses
included in the exceptions to the under the law.
Indeterminate Sentence Law, as long as
the penalty to be imposed does not WHAT IS GRAVE SCANDAL?
involve reclusion perpetua, life
imprisonment or death and provided that Grave scandal is any highly scandalous
the maximum penalty as ultimately act offensive to morals and good
resolved will exceed one year customs committed publicly or within the
imprisonment. knowledge and view of the public. The
offense must be directed to the sense of
CRIMES AGAINST PUBLIC MORALS decency or good customs and not on
property such as scattering human
• Gambling (195) feces on buildings.
• Importation, sale and possession
of lottery tickets or WHO ARE VAGRANTS?
advertisements (196)
• Betting in sport contests (197) Vagrants are those who loiter around
• Illegal betting on horse races (198) public or private places without any
• Illegal cockfighting (199) visible means of support but who are
• Grave scandal (200) physically able to work and do not apply
• Immoral doctrines, obscene themselves to some lawful calling.
publications and exhibitions (201) Vagrants include able-bodied beggars,
• Vagrancy and prostitution (202) ruffians and pimps who habitually
associate themselves with prostitutes.
Crimes against public morals involves
those acts that are contrary to morals, WHAT IS PROSTITUTION?
which if done are punishable by the law.
It is any lascivious or lewd act habitually
R.A. NO. 9287 – Increasing the done for profit by a woman. Its elements
Penalties for Illegal Number Games, are: 1) The offender is a woman; 2) She
Amending Certain Provisions of P.D. habitually indulges in sexual intercourse
1602 or lascivious conduct; and 3) She does
so for money or profit.
WHAT FORMS OF GAMBLING ARE
PROHIBITED BY R.A. 9287? CRIMES COMMITTED BY PUBLIC
OFFICERS
Illegal numbers game, jueteng, masiao,
and last two are the forms of gambling • Malfeasance and misfeasance
which are prohibited by R.A. 9287. (204-209)
• Bribery and Corruption of Public
WHO ARE THE PERSONS LIABLE? Officers (210-212)
• Frauds and Illegal Exactions and
The persons who are liable under R.A. Transactions (216)
9287 are the bettor; personnel or staff of • Malversation of Public Funds and
operator; one who allows his vehicle, Property (217-222)
house, building, land to be used in the • Infidelity in the Custody of
gambling operation; collector or agent; Prisoners (223-225)
coordinator, controller or supervisor; • Infidelity in the Custody of
maintainer, manager or operator; Documents (226-228)
financier or capitalist; protector or • Revelation of Secrets (229-230)
coddler; parents, guardians or any • Disobedience, refusal of
person exercising moral ascendancy or assistance and maltreatment of
authority over a minor, ward or prisoners (231-23)
Juris Doctor
PUP-College of Law
• Other offenses or irregularities by 1. By agreeing to perform, or by

public officers (236-244) performing, in consideration of any
• Abuses against chastity (245) offer, promise, gift or present, an act
constituting a crime, in connection
Generally, crimes committed by public with the performance of his official
officers, involves those illegal or duties;
unlawful acts committed by public 2. By accepting a gift in consideration
officers in the performance of their of the execution of an act which does
duties and are punishable by law. not constitute a crime, in connection
with the performance of his official
DEFINE MALFEASANCE, duty;
MISFEASANCE, AND 3. By agreeing to refrain, or by
NONFEASANCE? refraining, from doing something
which it is his official duty to do, in
Malfeasance is the performance of consideration of gift or promise.
some act which ought not to be done.
Misfeasance is the improper WHAT ARE THE ELEMENTS OF
performance of some act which might BRIBERY?
lawfully be done. Nonfeasance is the
omission of some act which ought to be 1. The offender is a public officer;
performed. 2. That the offender accepts an offer or
a promise or receives a gift by
WHAT ARE THE CRIMES CLASSIFIED himself or through another;
UNDER MALFEASANCE AND 3. That such offer or promise be
MISFEASANCE IN OFFICE? accepted by the public officer;
4. That the act which the offender
1. Knowingly rendering unjust judgment agrees to perform be connected with
- misfeasance (204) the performance of his official duties.
2. Rendering judgment through
negligence - misfeasance (205) WHAT ARE THE KINDS OF BRIBERY?
3. Rendering unjust interlocutory order
- misfeasance (206) 1. Direct bribery, where the public officer
4. Malicious delay in the administration will do an act which may or may not
of justice - misfeasance (207) constitute a crime, or refrain from
5. Dereliction of duty in prosecution of doing what he should do in
offenses - nonfeasance (208) consideration of what he will receive.
6. Betrayal of trust by an attorney or 2. Indirect bribery, where the public
solicitor (209) officer does not have to do anything
7. Direct bribery - malfeasance (210) in consideration of what he receives.
8. Indirect bribery - malfeasance (211) The gift is given to him by reason of
his office without more.
WHAT IS BRIBERY? 3. Qualified bribery - where a law
enforcement officer refrains from
Bribery is a crime of the public officer arresting or prosecuting an offender
who receives gift, present, offer or who commits an offense penalized
promise by reason or in connection with with reclusion perpetua and/or death.
the performance of his official duties.
WHAT ARE THE DISTINCTIONS
WHAT ARE THE ACTS PUNISHABLE BETWEEN DIRECT AND INDIRECT
IN DIRECT BRIBERY? BRIBERY?
A public officer commits direct bribery: In direct bribery, the public officer must
do or omit the doing of something in
consideration of a gift. In indirect bribery,
Juris Doctor
PUP-College of Law
there is no such requirement. Mere conversion, or loss of public funds that

agreement consummates the crime of would amount to malversation.
direct bribery if the act agreed upon
amounts to a crime. In indirect bribery, IS GOOD FAITH A VALID DEFENSE IN
the public officer must accept the gift to MALVERSATION?
consummate the crime of indirect
bribery. The defense of good faith is a valid
defense in a prosecution for
WHEN THE OFFICER REFUSED TO malversation for it would negate criminal
BE CORRUPTED, WHAT IS intent on the part of the accused.
COMMITTED?
COMPARE MALVERSATION, ESTAFA
It is attempted corruption of a public AND QUALIFIED THEFT?
official. There is no frustrated corruption
and frustrated bribery because these 1. These crimes can be committed by
crimes involve concurrence of the will of public officers over public funds.
the corruptor and the public officer. However, malversation cannot be
Hence, once they agreed, the crime is committed against private property
immediately consummated. If the public except for private property in
officer refused to be corrupted, the custodia legis.
corruption is merely attempted but there 2. In estafa and qualified theft, the
is no bribery on the part of the officer offender can be a private person or a
who refused to be corrupted. public officer; in malversation it is
necessary that the offender is a
WHO IS AN OFFENDER IN ILLEGAL public officer.
EXACTION? 3. The taking of public funds or
property is malversation if the public
Illegal exaction can only be committed officer is accountable therefor; estafa
by a collecting officer or a public officer if the offender who is not
whose official duty is to collect payments accountable therefor has acquired
due to the government. juridical possession and taken it with
abuse of confidence or deceit; and
WHAT ARE THE THREE WAYS OF qualified theft if the offender who has
COMMITTING ILLEGAL EXACTION? mere physical or material possession
took the property with abuse of
1. Demanding an amount different from confidence.
what the law authorized;
2. Failing voluntarily to issue receipts; WHAT IS THE CRIME OF PLUNDER
and (R.A. 7080, AS AMENDED BY R.A.
3. Collecting or receiving as payment 7659)?
things of nature different from that
required by law. Plunder is the crime of public officers
amassing wealth involving at least
WHAT IS THE CONDITION Php50 Million by means of a
PRECEDENT FOR ANY TAKING, combination or series of overt acts each
APPROPRIATION, CONVERSION OR of which may constitute different
LOSS OF PUBLIC FUNDS TO offenses.
AMOUNT TO MALVERSATION?
IS THE PLUNDER LAW VOID FOR
There must first be evidence of shortage BEING VAGUE?
and such shortage must be clearly
established as a fact. Evidence No. As it is written, the Plunder Law
shortage is necessary before there contains ascertainable standards and
could be any taking, appropriation, well-defined parameters, which would
Juris Doctor
PUP-College of Law
enable the accused to determine the

nature of his violation. Intent to kill is deduced from the
weapons used by the offenders, the
WHAT IS THE RATIONALE FOR R.A. nature, location and number of wounds
3019 (ANTI-GRAFT AND CORRUPT sustained by the victim and the words
PRACTICES ACT)” uttered by the malefactors before, at the
time or immediately after the killing of
R.A. 3019 was enacted under the police the victim. If the victim dies because of a
power of the State to promote morality deliberate act of the malefactor, intent to
in public service, to deter public officials kill is conclusively presumed. Thus, if
and employees from committing acts of the offender repeteadly cried "I will kill
dishonesty and improve the tone of you" but he only keeps on boxing the
morality in public service. offended and injuries resulted, the crime
is not attempted or frustrated homicide
CRIMES AGAINST PERSONS because the overt act to kill must be
established. Intent to kill cannot be
 Parricide (246) manifested by oral threats. It must be
• Death or physical injuries inflicted manifested by overt acts. The crime is
under exceptional circumstances only physical injuries.
(247)
• Murder (248) WHAT IS THE CORPUS DELICTI IN
• Homicide (249) TAKING OF HUMAN LIFE?
• Death caused in a tumultuous
affray (251) In every criminal case, the evidence
• Physical injuries inflicted in presented must be sufficient to prove
tumultuous affray (252) the corpus delicti - that is, the actual
• Giving assistance to suicide (253) offense committed. The prosecution
• Discharge of firearms (254) must first establish that the life of a
• Infanticide (255) human being was taken, and second,
• Intentional abortion (256) that the death was occasioned by the
• Unintentional abortion (257) accused's criminal act or agency. If the
• Abortion practiced by the woman evidence clearly discloses that a certain
herself or by her parents (258) person is dead, and that his death
• Abortion practiced by a physician resulted from the use of violent and
or midwife and dispensing of criminal means by another, then the
abortive (259) corpus delicti is sufficiently proved.
• Duel (260)
• Challenging to duel (261) WHEN INDICTMENT IS ON THE BASIS
• Mutilation (262) OF PROXIMATE CAUSE, WHAT
• Serious physical injuries (263) EVIDENCE ON THE NATURE OF
• Administering injurious WOUND IS REQUIRED?
substances or beverages (264)
• Less serious physical injuries The significance of evidence on the
(265) precise nature of the injuries sustained
• Slight physical injuries (266) by the deceased is that it often leads the
• Rape (266 A to D) careful examiner to uncover the real
cause of death. Therefore, the
Crimes against persons are those acts examination of a wound, from the legal
which usually involves killing and point of view, should lead to the
inflicting physical injuries to another. determination as to when the wound
was inflicted, what the degree of danger
HOW IS INTENT TO KILL of the wound is, with its dangers to life
DETERMINED? or function, whether the wound was
given by the injured man himself, or by
Juris Doctor
PUP-College of Law
some one else, and with what manner of 3) By blood except for spouses. There
instrument the wound was produced. is no parricide in the killing of
adopter by adopted or vice versa,
WHEN THERE ARE OTHER POSSIBLE step-parent and step-child because
CAUSES OF DEATH ASIDE FROM the relationship is not by blood.
PROXIMATE CAUSE, WHAT SHOULD
BE DULY ESTABLISHED? WHAT ARE THE PENALTIES FOR
PARRICIDE?
To hold a person liable for the death of
another, the evidence must establish A person guilty of parricide shall be
beyond reasonable doubt that accused's punished by the penalty of reclusion
criminal act was the proximate cause of perpetua to death.
such death.
IF THE KILLING OF THE CHILD LESS
HOW IS PARRICIDE COMMITTED THAN 3 DAYS OLD WAS COMMITTED
(ELEMENTS)? BY THE PARENT, IS THE CRIME
PARRICIDE OR INFANTICIDE?
Parricide is committed when;
Both parricide and infanticide can be
1) A person is killed; committed by the parents. Infanticide is
2) The deceased is killed by the based on the age of the victim whereas
accused; parricide is based on the relationship.
3) The deceased is the father, mother Therefore, the demarcation line between
or child, whether legitimate or parricide and infanticide committed by
illegitimate, or a legitimate other the parent is the age of the child. Thus,
ascendant or descendant, or the if the child-victim is less than three days
legitimate spouse of the accused. old, the crime is infanticide. Parricide
should therefore yield to infanticide as
WHAT IS THE ESSENTIAL ELEMENT far as the designation of the crime is
OF PARRICIDE? involved. The penalty, though, is the
same for both crimes.
Relationship of the offender with the
victim is the essential element of this IN PARRICIDE INVOLVING SPOUSES,
crime. HOW WILL THE RELATIONSHIP BE
PROVED?
WHAT IS THE BASIS OF THE CRIME
OF PARRICIDE? The key element in parricide is the
relationship of the offender with the
Parricide is based on the relationship of victim. In the case of parricide of
the offender and the offended. The spouse, the best proof of the
relationship must be characterized by relationship between the accused and
the following: the victim is the marriage certificate. In
1) Legitimate except for parent/child the absence of a marriage certificate,
where relationship may either be however, oral evidence of the fact of
legitimate or illegitimate. For other marriage may be considered by the trial
ascendants or descendants, such as court if such proof is not objected to.
grandparent or grandchild, the
relationship must be legitimate. IF THE INFORMATION FAILED TO
2) In the direct line, either ascending or MENTION THAT OFFENDER AND
descending. There is no parricide in OFFENDED ARE MARRIED, CAN THE
the killing of brothers and sisters, FORMER BE CONVICTED WITH
uncles/aunts and nephews/nieces PARRICIDE?
because the relationship is collateral.
Juris Doctor
PUP-College of Law
No. If the information failed to mention having sexual intercourse with the victim
that the offender and the offended are and the time the latter was actually
married, the former cannot be convicted killed, the killing must be understood to
of parricide because that will violate his be the continuation of the pursuit of the
right to information of the nature of the victim by the accused. The RPC, in
charge against him. Moreover, since it is requiring that the accused shall kill any
a qualifying circumstance and an or both of the spouse and the paramour,
element of the crime, failure to allege immediately after surprising his spouse
the relationship is a fatal mistake. in the act of intercourse, does not say
that he should commit the killing
IN WHAT CASES IS A PERSON WHO instantly thereafter. It only requires that
COMMITTED PARRICIDE NOT TO BE the death caused be the proximate
PUNISHED WITH RECLUSION result of the outrage overwhelming the
PERPETUA TO DEATH? accused after chancing upon his spouse
in the basest act of infidelity. But the
1. When parricide is committed through killing should have been actually
negligence; motivated by the same blind impulse,
2. When it is committed by mistake; and must not have been inluenced by
3. When it is committed under external factors. The killing must be the
exceptional circumstances. direct by-product of the accused's rage.
Notes on Parricide: WILL THE FACT THAT THE SPOUSES

WERE LIVING SEPARATELY MILITATE
1. The father, mother, or child may be AGAINST THE ACCUSED?
legitimate or illegitimate.
2. The spouse must be legitimate. The fact that the accused and the victim
3. There is parricide through reckless were living separately does not militate
imprudence or parricide by mistake. against the invocation of the absolutory
4. In parricide cases, a husband who cause under Art. 247 of the RPC
killed his wife shall indemnify his provided that the death caused is the
wife's heirs. But in a case where the proximate result of the outrage
natural father killed his child, no overwhelming the accused after
indemnity shall be imposed chancing upon his spouse in the act of
considering that the accused, as the infidelity.
father, is the presumptive heir of the
deceased. WHAT IS THE NATURE OF THE
5. A stranger who cooperates and PENALTY OF DESTIERRO ON THE
takes part in the commission of the INNOCENT SPOUSE?
crime of parricide, is not guilty of
parricide but only homicide or Destierro is not a penalty because there
murder as the case may be. is no criminal liability. It is imposed for
the protection of the accused against
IN THE CRIME DEATH OR PHYSICAL retaliation or vendetta. Where physical
INJURIES INFLICTED UNDER injury is inflicted there is totally no
EXCEPTIONAL CIRCUMSTANCES criminal liability. Destierro is not a
(ART. 247), IF A PERIOD OF TIME penalty because there is nothing to
SUCH AS ONE HOUR PASSED FROM penalize.
THE SURPRISING UP TO THE
KILLING, WILL THE BENEFIT STILL BE DOES THIS ARTICLE APPLY EVEN IF
AVAILABLE? THE DAUGHTER IS MARRIED?
Though quite a length of time, about one This article applies only when the
hour, had passed between the time the daughter is single because while under
accused-appellant discovered his wife 18 years old and single, she is under
Juris Doctor
PUP-College of Law
parental authority. If she is married, her or outrages the corpse of the victim, the
husband alone can claim the benefits of crime is thereby qualified to murder. For
Art. 247. instance, decapitating the victim or
chopping off the corpse into several
MUST THE PARENT BE LEGITIMATE? parts and scattering these in different
locations.
This article does not seem to require it.
It requires only: 1) that the daughter be GIVE SOME INSTANCES WHEN
under 18 years old; and 2) that she is TREACHERY IS NOT APPRECIATED
living with her parents. TO QUALIFY KILLING TO MURDER?
Notes on Art. 247 While even a frontal attack can be

treacherous, as when it is sudden and
1. There shall be no criminal liability unexpected and the victim is unarmed,
when only less serious or slight here, it appears that the aggressors did
physical injuries are inflicted as it is not employ means tending directly and
an absolutory cause. especially to insure the execution of the
2. The article is not applicable to crime without risk to themselves arising
person who consented to the from the defense which the offended
infidelity of spouse, or who facilitated parties might make.
the prostitution of his wife or
daughter. WHAT DETERMINES WHETHER THE
OFFENSE COMMITTED IS
HOW IS MURDER COMMITTED? FRUSTRATED OR ATTEMPTED
MURDER?
Homicide plus one qualifying
circumstance under Art. 248 will give When the injuries sustained by the
rise to murder. The killing should be victim were merely superficial and not
homicide because if it is against any of capable of causing death even without
the persons in Art. 246, it is parricide or timely medical intervention, and when
if the victim is less than three days old, no mortal wound having been inflicted
then it is infanticide. Any one of the upon the victim, the offenders failed to
qualifying circumstances in Art. 248 is perform all the acts of execution which
an element of murder. would have produced the felony, the
offenders are liable for attempted
HOW MANY CIRCUMSTANCES ARE murder instead of frustrated murder.
NECESSARY TO QUALIFY HOMICIDE
TO MURDER? Notes on Murder:
Only one circumstance suffices to 1. The killing of a child is murder even if

qualify homicide to murder. If there is the manner of attack was not shown.
present a second circumstance, it will The qualifying circumtances of
operate as a generic aggravating which treachery or alevosia exists in the
will, however, not affect the penalty commission of the crime of murder
because the maximum penalty of death when an adult person illegally
has been abolished by R.A. 9346. attacks a child of tender years and
causes his death.
CAN HOMICIDE BE UPGRADED TO 2. The killing of the victims is qualified
MURDER BY A SUBSEQUENT ACT OF with treachery, when the attack was
THE OFFENDER? sudden and unexpected, and the
victims were not in a position to
Yes. When a person is killed without any defend themselves.
qualifying circumstance but thereafter 3. Where the hands of the victim were
the offender does any act which insults raised as ordered by the accused
Juris Doctor
PUP-College of Law
who fired at him without any risk to from the voluntary commission of an
the accused, treachery is present. unlawful act.
4. A person who throws a cloak over
the head of his opponent, or one WHAT DETERMINES WHETHER THE
who suddenly casts sand or dirt OFFENSE IS ATTEMPTED/
upon the eyes of the victim and then FRUSTRATED HOMICIDE OR
kills him, evidently employs means MURDER AND NOT MERELY
which weaken the defense. PHYSICAL INJURIES?
5. One who covered the face with a
handkerchief of the victim before Intent to kill, as shown by the weapon
killing him is liable for murder used, and the location and nature of the
because he employed means to wound determines the nature of the
insure or afford impunity. offense committed whether it is
6. The one who gave the price or attempted/frustrated homicide or murder
reward or who made the promise is a and not merely physical injuries.
principal by induction; while the
person who received the price or CAN ATTEMPTED OR FRUSTRATED
reward or who accepted the promise HOMICIDE BE COMMITTED
is a principal by direct participation. THROUGH IMPRUDENCE OR
7. When killing was accomplished "by NEGLIGENCE?
means of fire" alleged in the
information, it does not qualify the No. There is no such crime as frustrated
killing to murder unless the use of or attempted homicide through reckless
fire was employed to kill the victim. imprudence because intent is inherent in
There should be an actual design to frustrated or attempted homicide. In
kill and that the use of fire should be attempted felonies, the offender
purposely adopted as a means to commences the commission of a felony
that end. directly by overt acts and the felony is
8. Treachery and evident premeditation not produced only because he was
are inherent in murder by means of prevented by some cause or accident
poison and, as such, they cannot be other than his own spontaneous
considered as aggravating. desistance. On the other hand, in
frustrated felonies, the offender has
WHAT IS HOMICIDE? performed all the acts of execution
which would produce the felony but was
Homicide is the killing of any person, prevented by reason of causes
which does not constitute parricide, independent of his will.
murder or infanticide and is not attended
by any qualifying circumstances of Notes on Homicide:
murder.
1. When death resulted, even if there is
WHAT IS THE RULE ON INTENT TO no intent to kill, the crime is
KILL WHEN THE VICTIM DIES? homicide, not merely physical
injuries, because with respect to
When consummated, intent to kill is a crimes of personal violence, the
general criminal intent which is penal law looks particularly to the
presumed and hence need not be material results following the
established; when the victim does not unlawful act and holds the aggressor
die, intent to kill becomes a specific responsible for all the consequences
criminal intent which must be thereof.
established beyond reasonable doubt, 2. Evidence of intent ot kill is important
otherwise, the crime shall fall under only in attempted or frustrated
physical injuries. When death homicide. If there is no intent to kill
supervenes, intent to kill is presumed
Juris Doctor
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on the part of the offender, he is A person who attempts to commit

liable for physical injuries. suicide is not criminally liable because
3. No offense of frustrated homicide society has always considered a person
through imprudence. who attempts to kill himself as an
4. Where the wounds that caused unfortunate being, a wretched person
death were inflicted by two different more deserving of pity rather than of
persons, even if they were not in penalty.
conspiracy, each one of them is
guilty of homicide. IS A PREGNANT WOMAN, WHO
5. Use of unlicensed firearm is an TRIED TO COMMIT SUICIDE BY
aggravating circumstance in MEANS OF POISON, BUT INSTEAD
homicide. OF DYING, THE FETUS IN HER
WOMB WAS EXPELLED, LIABLE FOR
HOW DOES THE FELONY OF DEATH ABORTION?
CAUSED IN A TUMULTUOUS AFFRAY
COMMITTED? No. In order to incur criminal liability for
the result not intended, one must be
Death caused in a tumultuous affray is committing a felony. An attempt to
committed when several persons, not commit suicide is an act, but it is not
composing of groups organized for the punishable by law. A woman who tries to
common purpose of assaulting and commit suicide is not committing a
attacking each other reciprocally, quarrel felony. She is, therefore, not liable for
and assault each other in a confused abortion for expelling the fetus instead.
and tumultuous manner, and in the
course of the affray someone is killed, MAY A DOCTOR WHO RESORTS TO
and it cannot be ascertained who MERCY-KILLING (EUTHANASIA) BE
actually killed the deceased but the HELD LIABLE FOR MURDER?
person or persons who inflicted serious
physical injuries or who used violence Euthanasia is the practice of painlessly
can be identified. putting to death a person suffering from
some incurable disease. It is not lending
Notes on Tumultuous Affray: assistance to suicide. In euthanasia, the
person killed does not want to die. A
1. There is no crime of death in a doctor who resorts to mercy-killing of his
tumultuous affray if the quarrel is patient may be liable for murder.
between two well-known groups.
2. The person killed in the course of the HOW DOES DISCHARGE OF
affray need not be one of the FIREARM COMMITTED AND BY
participants in the affray. WHOM?
IS COMMITTING A SUICIDE A Discharge of firearm may be committed

FELONY? by any person who shall discharge a
firearm against or at another person,
No, for there is no law penalizing the act without intent to kill him.
of committing suicide. Logically so, for if
the suicide is successful there will be WHAT IS INFANTICIDE?
nobody to punish. It is the giving of
assistance to suicide that is penalized Infanticide is the killing of any child less
under the RPC. than three days of age, whether the
killer is the parent or grandparent, any
IS THE PERSON WHO ATTEMPTS TO other relative of the child, or a stranger.
COMMIT SUICIDE CRIMINALLY
LIABLE? WHAT ARE THE ELEMENTS OF
INFANTICIDE?
Juris Doctor
PUP-College of Law
the fetus form the maternal womb which

1. That a child was killed; results in the death of the fetus.
2. That the deceased child was less
than three days (72) hours of age; DISTINGUISH BETWEEN
3. That the accused killed the said INFANTICIDE AND ABORTION?
child.
In abortion, the fetus is still drawing life
IN THE CRIME OF INFANTICIDE, from its mother; or the fetus is not yet
WHAT IS REQUIRED IF THE VICTIM IS breathing on its own; or the baby had an
A FETUS? intra-uterine life of less than 7 months
and is killed within 24 hours.
The fetus must already be viable;
otherwise, the crime is not infanticide In infanticide, the victim is already a
but abortion. person; or the umbilical chord is already
cut and the infant is breathing on its
WHAT MITIGATES THE CRIME OF own; or the baby is less than 3 days old,
INFANTICIDE AND WHO ARE which means less than 72 hours.
ENTITLED THERETO?
DISTINGUISH INTENTIONAL
Concealing the dishonor mitigates the ABORTION FROM UNINTENTIONAL
liability of the mother or maternal ABORTION?
grandparents who committed the crime
of infanticide. The only persons in In intentional abortion, the crime is
whose favor the mitigating committed with or without using violence
circumstances of having killed a child upon the person of the pregnant woman
less than three days of age to conceal or by administering drugs or beverages
the dishonor may be considered are the upon the pregnant woman with or
mother and the maternal grandparents, without her consent and the abortion is
or either of them. intended. On the other hand, in
unintentional abortion, violence is used
Notes on Infanticide: upon such pregnant woman but without
intending an abortion.
1. Delinquent mother who claims
concealing dishonor must be of good WHAT ARE THE CRIMES OF
reputation and good morals to PHYSICAL INJURIES?
mitigate her liability. Hence, a
prostitute is not entitled to a lesser 1. Mutilation (262)
penalty because she has no honor to 2. Serious physical injuries (263)
conceal. 3. Administering injurious substance or
2. Stranger cooperating with the mother beverages (264)
in killing a child less than three days 4. Less serious physical injuries (265)
old is guilty of infanticide but the 5. Slight physical injuries and
penalty is that for murder. maltreatment (266)
3. No crime of infanticide is committed
where the child was born dead, or AS TO STAGE OF EXECUTION, WHAT
although born alive, it could not KIND OF FELONY IS PHYSICAL
sustain an independent life when it INJURIES?
was killed.
It is a formal crime because it is
WHAT IS ABORTION? penalized on the basis of the gravity of
the injury. What is punished is the result
Abortion is the willful killing of the fetus or consequence and not the stage of
in the uterus, or the violent expulsion of execution. Hence, it cannot be
committed in the attempted or frustrated
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stage because there will be no basis for article but which shall incapacitate the
the offense. The gravity of the injury, offended party for labor for ten days or
whether serious, less serious or slight more, or shall require medical
will not be known unless and until the attendance for the same period.
felony is consummated.
WHAT ARE THE QUALIFYING
WHAT IS MUTILATION? CIRCUMSTANCES FOR LESS
SERIOUS PHYSICAL INJURIES?
Mutilation is the intentional chopping-off
or mutilation, either totally or partially of Ignominy or to insult or offend the victim;
some essential part of the body or organ and if the victim is the offender's parent,
of reproduction. Specific intent is ascendant, guardian, curator, teacher or
required in mutilation, otherwise the persons of rank or persons in authority.
crime would be physical injuries and not
mutilation. DISTINGUISH AMONG SERIOUS,
LESS SERIOUS AND SLIGHT
HOW IS SERIOUS PHYSICAL PHYSICAL INJURIES?
INJURIES COMMITTED?
It is in less serious and slight physical
Serious physical injuries is committed injuries where duration of incapacity
either by wounding, beating, or from labor and the duration of medical
assaulting another or by knowingly treatment are considered. The period of
administering on the victim any injurious incapacity and the period of medical
substances or beverages, or by taking treatment should not be more than 9
advantage of his weakness of mind or days. If either is more than 9 days, it is
credulity. no longer slight.
WHAT ARE SERIOUS PHYSICAL In serious physical injuries, it is only

INJURIES? necessary to consider whether he is
incapacitated from work. Less serious is
1. Injured person becomes insane, not more than 30 days but from the 31st
imbecile, impotent or blind; day, it is serious.
2. Injured person loses use of speech
or power to hear or smell or loses an WHAT IS THE NATURE OF THE
eye, hand, foot, arm, or leg or loses VIOLATIONS OF THE ANTI-HAZING
use of any such member or becomes LAW (R.A. NO. 8049)?
incapacitated for work in which he
was habitually engaged; They are mala in se. The persons
3. Injured person becomes deformed, criminally liable are principals and
or loses any other member of the accomplices. Modifying circumstances
body, or the use therefor, or are made by law to be applicable,
becomes ill or incapacitated for the hence, mens rea (a guilty mind) is an
performance of the work in which he element.
was habitually engaged for more
than 90 days; WHAT ARE THE ELEMENTS OF RAPE
4. Injured person becomes ill or UNDER PAR. 1 AND PAR. 2?
incapacitated for labor for more than
30 days; Elements of rape under par. 1:
HOW IS LESS SERIOUS PHYSICAL 1. That the offender is a man;

INJURIES COMMITTED? 2. That the offender had carnal
knowledge of a woman;
By inflicting upon another physical 3. That such is accomplished under
injuries not described in the preceding any of the following circumstances:
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a. By using force or intimidation; WHAT IS THE EFFECT OF THE

b. When the woman is deprived of RECLASSIFICATION OF RAPE INTO A
reason or otherwise unconscious; CRIME AGAINST PERSONS?
c. By means of fraudulent
machinations or grave abuse of 1. The procedural requirement of
authority; consent of the offended party to file
d. When the woman is under 12 the case is no longer needed
years of age or demented. because this is now a public crime
unlike when it was still classified as a
Elements of rape under par. 2: crime against chastity. Thus, the
case can be filed by the State motu
1. That the offender commits an act of propio.
sexual assault; 2. There is now an impossible crime of
2. That the act of sexual assault is rape because impossible crimes can
committed by any of the following only be committed against persons
means: and property.
a. By inserting his penis into 3. Rape can now be committed against
another person's mouth or anal males because it has been removed
orifice; or from crimes against chastity where
b. By inserting any instrument or the victims are females except in
object into the genital or anal orifice acts of lasciviousness.
of another person. 4. The aggravating circumstances for
3. That the act of sexual assault is crime against persons under Art. 14
accomplished under any of the shall be appreciated.
following circumstances:
a. By using force or intimidation; WHAT CONSUMMATES THE CRIME
b. When the woman is deprived of OF RAPE?
reason or otherwise unconscious;
c. By means of fraudulent The mere introduction of the penis into
machinations or grave abuse of the labia majora of the victim's genitalia
authority; engenders the crime of rape. Hence, it
d. When the woman is under 12 is the "touching" or "entry" of the penis
years of age or demented. into the labia majora or the labia minora
of the pudendum of the victim's genitalia
DISTINGUISH RAPE UNDER PAR. 1 that consummates rape.
FROM RAPE UNDER PAR. 2?
WHAT IS THE GRAVAMEN OF THE
Rape under par. 1 of Art. 266-A refers to OFFENSE OF RAPE?
the contact of the male penis with the
woman's vagina and categorized as Carnal knowledge through force and
"rape by sexual intercourse." On the intimidation is the gravamen of the
other hand, rape under par. 2 of the offense of rape.
same article refers to sexual abuse
which is categorized as "rape through WHEN RAPE IS PUNISHED BY
sexual assault." Rape by sexual assault RECLUSION PERPETUA IN LIEU OF
is committed when a finger is inserted in DEATH PURSUANT TO R.A. NO.
the victim's vagina. 9346?
WHO CAN COMMIT RAPE? 1. When by reason or on occasion of

the rape, a homicide is committed;
Under R.A. No. 8353, the crime of rape 2. When the victim is under 18 years of
can now be committed by a male or a age and the offender is a parent,
female. ascendant, stepparent, guardian,
relative by consanguinity or affinity
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within the 3rd civil degree or the between the accused and the
common-law spouse of the parent of complainant.
the victim;
3. When the victim is under the custody HOW RELEVANT IS FORCE AND
of the police or military authorities; INTIMIDATION IN STATUTORY RAPE?
4. When the rape is committed in full
view of the husband, parent, any of The gravamen of the offense of statutory
the children or other relatives within rape is the carnal knowledge of a
the 3rd civil degree of consanguinity; woman below 12 years old. Sexual
5. When the victim is a religious congress with a girl under 12 years is
engaged in legitimate religious always rape. Thus, force and
vocation; intimidation or physical evidence of
6. When the victim is a child below 7 injury is immaterial.
years old;
7. When the offender knows that he is WHEN MULTIPLE RAPES ARE
afflicted with HIV/AIDS or any other COMMITTED AT ABOUT THE SAME
sexually transmitted disease; TIME AND PLACE, IS THE PRINCIPLE
8. When committed by any member of OF DELITO CONTINUADO
the AFP or PNP; APPLICABLE?
9. When by reason or on the occasion
of the rape, the victim has suffered No. Each and every charge of rape is a
permanent physical mutilation or separate and distinct crime; hence, each
disability; of the rape charges should be proven
10. When the offender knew of the beyond reasonable doubt. The
pregnancy of the offended party at prosecution is required to establish, by
the time of the commission of the the necessary quantum of proof, the
crime. elements of rape for each charge.
11. When the offender knew of the
mental disability, emotional disorder WHAT FACTS DOES NOT
and/or physical handicap of the CONSTITUTE ELEMENTS OF RAPE?
offender party at the time of the
commission of the crime. 1. Resistance is not an element of rape
when the accused is the father or is
WHAT ARE THE ELEMENTS OF closely related to the victim.
STATUTORY RAPE? 2. Virginity is not an element of rape.
3. A freshly broken hymen is not an
1. That the accused had carnal essential element of rape and healed
knowledge of a woman; and lacerations do not negate rape.
2. That the woman is below 12 years of 4. Medical examination is not an
age. indispensable element in a
prosecution for rape.
HOW IS STATUTORY RAPE 5. The accused's being younger than
COMMITTED? the victim is not relevant in rape.
6. The exact date of the sexual assault
Statutory rape is committed by sexual is not an essential element of the
intercourse with a woman below 12 crime of rape; what should control is
years of age regardless of her consent, the fact of the commission of the
or the lack of it, to the sexual act. To rape or that there is proof of the
convict an accused of the crime of penetration of the female organ.
statutory rape, the prosecution carries
the burden of proving (1) the age of the GIVE SOME DOCTRINAL PRINCIPLES
complainant; (2) the identity of the IN RAPE?
accused; and (3) the sexual intercourse
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1. In the crime of rape, full or complete Marriage extinguishes not only the penal
penetration of the male organ is not action, but likewise the penalty that may
necessary as the only essential point be imposed. However, since rape is now
to prove is the entrance or at least a crime against persons, it now appears
the introduction of the male organ that marriage extinguishes the penal
into the labia of the pudendum. action and the penalty only as to the
2. Penetration of the penis by entry into principal and not as to the accomplices
the lips of the vagina, even without and accessories.
rupture or laceration of the hymen, is
enough to justify a conviction of UNDER WHAT CIRCUMSTANCE WILL
rape. RAPE ABSORB FORCIBLE
3. In rape cases, the material fact or ABDUCTION?
circumstance to be considered is the
occurrence of the rape, not the time The crime of rape absorbs forcible
of its commission. The date or time abduction where the accused intended
the rape was committed is not an at the very outset to rape the victim
essential ingredient as it is the carnal when he abducted her.
knowledge through force and
intimidation that is the gravamen of DISTINGUISH RAPE FROM ACTS OF
the offense. LASCIVIOUSNESS?
4. The absence of spermatozoa in the
vagina does not negate rape. The difference lies in the intent of the
5. When a rape victim says she was perpetrator deducible from his external
defiled, she says in effect all that is acts. When the "touching" of the vagina
necessary to show that rape has by the offender's penis is coupled with
been inflicted on her; and, so long as the intent to penetrate, attempted rape
her testimony meets the test of is committed. Otherwise, it is merely
credibility, the accused may be acts of lasciviousness.
convicted on the basis thereof.
6. In incestuous rape of a minor, proof MAY A WOMAN BE LIABLE FOR THE
of force and violence exerted by the CRIME OF RAPE AGAINST ANOTHER
aggressor is not essential. Moral WOMAN?
ascendancy or parental authority of
the accused over the complainant Yes. Under the RPC, a woman accused
takes the place of violence. of rape may be considered a principal
7. Absence of signs of external physical by direct participation, by inducement, or
injuries does not signify a lack of by indispensable cooperation.
resistance on the part of the rape
victim. WHAT CONSTITUTES R.A. NO. 9262
8. Moral ascendancy or influence (ANTI-VIOLENCE AGAINST WOMEN
exercised by the accused over the AND CHILDREN ACT OF 2004)?
victim substitutes for the element of
physical force or intimidation in Violence against women and their
cases of rape and, it may be added, children covers any act or series of acts
acts of lasciviousness. by any person against his wife, former
9. For the consummation of the crime wife, or with whom the person has/had
of rape, it is not essential that there sexual or dating relationship, or with
be a complete penetration of the whom he has a common child, or
female organ; neither is it essential against her child whether legitimate or
that there be a rupture of the hymen. illegitimate, within or without the family
abode, which result in or is likely to
WHAT IS THE EFFECT OF MARRIAGE result in physical, sexual, psychological
IN THE CRIME OF RAPE? harm or suffering, or economic abuse
including threats or such acts, battery,
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PUP-College of Law
assault, coercion, harassment or • Kidnapping and Serious Illegal

arbitrary deprivation of liberty. Detention (267)
• Slight illegal detention (268)
WHAT ARE THE SPECIFIC ACTS OR • Unlawful arrest (269)
VIOLENCE PENALIZED INCLUDED IN • Kidnapping and failure to return a
R.A. 9262? minor (270)
• Inducing a minor to abandon his
1. Physical violence - acts that include home (271)
bodily or physical harm; • Slavery (272)
2. Sexual violence - acts which is • Exploitation of child labor (273)
sexual in nature, committed against • Services rendered in compulsion
a woman or her child; of payment of debt (274)
3. Psychological violence - acts or
omissions causing or likely to cause Crimes against security
mental or emotional suffering of the • Abandonment of persons in
victim such as but not limited to danger and abandonment of one's
intimidation, harassment, stalking, own victim (275)
damage to property, public ridicule or • Abandoning a minor (276)
humiliation; • Abandonment of minor by person
4. Economic abuse - acts that make or entrusted with his custody,
attempt to make woman financially indifference of parents (277)
dependent. • Exploitation of minors (278)
• Trespass to dwelling (279)
WHAT ARE THE 3 STAGES/PHASES • Other forms of trespass (280)
OF A BATTERED WOMAN • Grave threats (281)
SYNDROME? • Light threats (282)
• Other light threats (283)
1. The tension-building phase where • Grave coercion (284)
minor battering occurs • Light coercion (287)
2. The acute battering incident which is
said to be characterized by brutality WHAT IS THE ESSENTIAL ELEMENT
3. The tranquil, loving phase which OF KIDNAPPING and SERIOUS
occurs when the acute battering ILLEGAL DETENTION?
incident ends and the couple
experience profound relief. The essential element or act which
makes the offense of kidnapping and
IF THE INVOCATION OF SELF- serious illegal detention is the
DEFENSE FAILS, WHAT SHALL THE deprivation of the offended party's
BATTERED WOMAN SYNDROME liberty, or that he was transported away
AMOUNT TO? against his will with the primary or
original intent to effect restraint.
It gives rise to two mitigating
circumstances of (a) psychological WHAT ARE THE ELEMENTS OF
paralysis or diminution of freedom of KIDNAPPING AND SERIOUS ILLEGAL
action, intelligence or intent analogous DETENTION AND WHAT ARE THE
to illness that diminishes the exercise of QUALIFYING CIRCUMSTANCES?
will power; and (2) passion and
obfuscation. The elements are 1) the detention lasted
more than 3 days; 2) the offenders
CRIMES AGAINST PERSONAL simulated public authority; 3) physical
LIBERTY AND SECURITY injuries were inflicted on the victim; 4)
threats to kill the victim were made; or 5)
Crimes against personal liberty the victim is a female, public officer, or
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minor except when accused is any of offended party of her liberty, and not
the parents. where such restraint of freedom of
action was merely an incident in the
The qualifying circumstances are 1) commission of another offense primarily
ransom is demanded; 2) the victim is intended by the offenders.
killed or dies as a consequence; 3) the
victim is raped; or 4) the victim is DISTINGUISH ILLEGAL DETENTION
subjected to torture or dehumanizing FROM ARBITRARY DETENTION?
acts.
The crime of illegal detention is
WHAT SPECIAL COMPLEX CRIMES committed by a private individual who
MAY ARISE IN KIDNAPPING? unlawfully kidnaps, detains, or otherwise
deprives a person of liberty; while
Kidnapping with homicide, kidnapping arbitrary detention is committed by a
with rape, kidnapping with physical public officer or employee who detains a
injuries are special complex crimes or person without legal ground.
composite crimes or single indivisible
offenses. DISTINGUISH KIDNAPPING FROM
FORCIBLE ABDUCTION?
WHEN DOES THE SPECIAL
COMPLEX CRIME OF KIDNAPPING The main difference between kidnapping
WITH MURDER OR HOMICIDE and forcible abduction is the presence
ARISE? or absence of lewd designs. If the taking
is with lewd designs at the outset, the
The rule now is "where the person crime is forcible abduction. If the original
kidnapped is killed in the course of the intent is to detain her or deprive her of
detention, regardless of whether the liberty, it is kidnapping.
killing was purposely sought or was
merely an afterthought, the kidnapping COMPARE SLIGHT ILLEGAL
and murder or homicide can no longer DETENTION, AND KIDNAPPING AND
be complexed under Art. 48, nor be SERIOUS ILLEGAL DETENTION?
treated as separate crimes, but shall be
punished as a special complex crime 1. In slight illegal detention, none of the
under the last paragraph of Art. 267, as circumstances in kidnapping and
amended by R.A. No. 7659." serious illegal detention are present.
2. Voluntary release can mitigate the
WHEN DOES THE SPECIAL liability in slight illegal detention but
COMPLEX CRIME OF KIDNAPPING not in kidnapping and serious illegal
WITH RAPE ARISE? detention.
3. The same penalty shall be incurred
When the person kidnapped or illegally by an accomplice in slight illegal
detained is raped, the offense detention, however, in kidnapping
committed is the special complex crime and serious illegal detention, the
of serious illegal detention or kidnapping general rule is that the penalty for
wth rape, punishable with the maximum accomplice is observed which is one
penalty of death. degree lower.
WHAT ARE THE REQUISITES FOR
WILL ANY AND ALL KINDS OF THE SPECIFIC MITIGATING
DEPRIVATION RESULT TO CIRCUMSTANCS OF VOLUNTARY
KIDNAPPING? RELEASE IN SLIGHT ILLLEGAL
DETENTION?
For kidnapping to exist, there must be
indubitable proof that the actual intent of There are 3 requisites for the mitigating
the malefactors was to deprive the circumstance of voluntary release:
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PUP-College of Law
rendered under compulsion in payment

1. The release should have been made of debt (Art. 274).
within 3 days from the
commencement of the detention; WHAT ARE THE ELEMENTS OF
2. The release must be made before SLAVERY?
the offender has accomplished his 1. That the offender purchases, sells,
purpose; and kidnaps, or detains a human being;
3. It must be made before criminal 2. That the purpose of the offender is to
prosecution has been commenced. enslave such human being.
4. The crime should be slight illegal
detention, not kidnapping and WHAT ARE THE CRIMES CALLED
serious illegal detention because in ABANDONMENT OF HELPLESS
the latter, voluntary release is not PESONS AND EXPLOITATION OF
mitigating. MINORS?
WHAT ARE THE CRIMES CALLED 1. Abandonment of persons in danger

KIDNAPPING OF MINORS? and abandonment of one's victim
(Art. 275);
Kidnapping of minors include kidnapping 2. Abandoning minor (Art. 276);
and failure to return a minor (Art. 270); 3. Abandonment of minor be person
and inducing a minor to abandon his entrusted with his custody;
home (Art. 271). indifference of parents (Art. 277);
4. Exploitation of minors (Art. 278).
WHAT IS THE ESSENTIAL ELEMENT
OF THE CRIME OF KIDNAPPING OF WHAT ARE THE CRIMES PENALIZED
MINOR AND FAILURE TO RETURN A UNDER R.A. NO. 7610 (CHILD ABUSE
MINOR? LAW)?
The essential element herein is that the 1. Child prostitution and other sexual
offender is entrusted with the custody of abuse
the minor but what is actually 2. Child trafficking or trading
punishable is not the kidnapping of the 3. Child abuse, cruelty or exploitation
minor, but rather the deliberate failure or
refusal of the custodian of the minor to WHAT IS TRESPASS TO DWELLING
return the latter to his parents or AND HOW WAS IT COMMITTED?
guardians.
Trespass to dwelling is a crime against
DISTINGUISH KIDNAPPING UNDER security where any private person
ART. 267 FROM KIDNAPPING OF enters the dwelling of another against
MINOR UNDER ART. 270? the latter's will.
Under Art. 267, the offender is not WHAT QUALIFIES THE OFFENSE OF
entrusted with the custody of the minor TRESPASS TO DWELLING?
victim; while under Art. 270 the offender
is entrusted with the custody of the If the offense is committed by means of
minor victim. violence or intimidation, the penalty is
higher
WHAT ARE THE CRIMES CALLED
SLAVERY AND SERVITUDE? WHAT ARE GRAVE THREATS?
Slavery and servitude includes the Grave threats are crimes against
crimes of slavery (Art. 272), exploitation personal security committed by any
of child labor (Art. 273) and services person who shall threaten another with
the infliction upon the person, honor, or
Juris Doctor
PUP-College of Law
property of the latter or of his family of

any wrong amounting to a crime. WHAT IS UNJUST VEXATION?
WHAT ARE LIGHT THREATS? Unjust vexation is a form of light

coercion. It is any form of unjustly
Light threats are crimes against annoying, irritating or vexing an innocent
personal security committed by any person. It is a crime against personal
person who makes a threat to commit a security and not against property.
wrong not constituting a crime. Malicious mischief is a crime against
Blackmailing is an example of light property.
threats.
The paramount question to be
DISTINGUISH GRAVE THREATS AND considered in determining whether the
LIGHT THREATS? crime of unjust vexation is committed, is
whether the offender's act caused
In grave threats, the wrong threatened annoyance, irritation, vexation, torment,
amounts to a crime which may or may distress or disturbance to the mind of
not be accompanied by any condition; the person to whom it is directed. Light
while in light threats, the wrong coercion will be unjust vexation if the
threatened does not amount to crime element of employing violence or
but is always accompanied with intimidation is absent.
condition.
WHAT ARE THE PRINCIPAL
WHAT ARE GRAVE COERCIONS? DISTINCTIONS BETWEEN THREAT
AND COERCION?
Grave coercions are crimes against
personal security committed by any 1. In threat, the threatened harm or
person who, without authority of law, wrong is future and conditional, while
shall, by means of violence, threats or in coercion, it is immediate, personal
intimidation, prevent another from doing and direct.
something not prohibited by law, or 2. Threat may be done through an
compel him to do something against his intermediary or in writing, coercion
will, whether it be right or wrong. cannot be done by means of an
intermediary or in writing.
WHAT ARE THE TWO WAYS OF 3. Generally, threat is committed by
COMMITTING GRAVE COERCIONS? means of intimidation, which is future
and conditional; while coercion is
1. By preventing another, by means of generally committed by violence,
violence, threats, or intimidation, although it may also be brought
from doing something not prohibited about by intimidation if it is serious
by law. enough, direct, immediate and
2. By compelling another, by means of personal.
violence, threats, or intimidation, to CRIMES AGAINST PROPERTY
do something against his will,
whether it be right or wrong. • Robbery with violence against or
intimidation of persons (294)
WHAT ARE LIGHT COERCIONS? • Robbery in band (295)
• Attempted and frustrated robbery
Light coercions are crimes against with homicide (296)
personal security committed by any • Execution of deeds by means of
person who, by means of violence, shall violence or intimidation (297)
seize anything belonging to his debtor • Robbery by the use of force upon
for the purpose of applying the same to things (298)
the payment of the debt.
Juris Doctor
PUP-College of Law
• Possession of picklocks or similar

tools (299) WHAT IS THE SPECIAL COMPLEX
• Brigandage (306-307) CRIME OF ROBBERY WITH
• Theft (308-311) HOMICIDE AND HOW WAS IT
• Usurpation (312) COMMITTED?
• Altering boundaries or landmarks
(313) Where the original design comprehends
• Culpable insolvency (314) robbery, and homicide is perpetrated by
• Swindling and other deceits (315- reason or on occasion of the
318) consummation of the former, the crime
• Chattel mortgages (319) committed is the special complex crime
• Arson and other crimes involving of robbery with homicide, even though
destruction (320) homicide precedes robbery by an
• Malicious mischief (327-328) appreciable time.
WHAT IS ROBBERY? However, if the original design is not to

commit robbery, but robbery is
Robbery is the taking of personal committed after the homicide as an
property belonging to another, with afterthought and a minor incident in the
intent to gain, by means of violence homicide, the criminal acts should be
against, or intimidation of any person, or viewed as two distinct offenses.
using force upon anything.
Robbery with homicide arises only when
WHAT ARE THE CLASSIFICATIONS there is a direct relation, an intimate
OF ROBBERY? connection, between the robbery and
the killing, even if the killing is prior to,
1. Robbery with violence against, or concurrect with, or subsequent to the
intimidation of persons (Art. 294) robbery.
2. Robbery by the use of force upon
things (Arts. 299 and 302) WHAT IS THE NATURE OF THE
CRIME OF ROBBERY WITH
DISTINGUISH THE TWO CLASSES OF HOMICIDE?
ROBBERY AS TO THEIR BEING
QUALIFIED? This special complex crime is primarily a
crime against property and not against
Robbery with force upon things in order persons, homicide being a mere incident
to be qualified, must be committed in an of the robbery with the latter being the
uninhabited place and by a band; while main purpose and object of the criminal.
robbery with violence against or In robbery with homicide, what is
intimidation of persons must be essential is that there be a direct relation
committed in an uninhabited place or by between robbery and the killing, whether
a band. the latter is prior or subsequent to the
WHAT ARE THE ELEMENTS OF former or whether both crimes are
ROBBERY IN GENERAL? committed at the same time.
1. That there be a personal property IS THERE A SPECIAL COMPLEX

belonging to another; CRIME OF ROBBERY WITH
2. That there is unlawful taking of that MURDER?
property;
3. That the taking must be with intent to There is no such crime as robbery with
gain; and murder since treachery cannot be
4. That there is violence against or considered as a qualifying circumstance
intimidation of any person, or force of murder because the crime charged is
upon things.
Juris Doctor
PUP-College of Law
the special crime of robbery with itself, the offenses should be viewed as
homicide. separate and distinct.
Notes on Robbery with Homicide: Notes on Robbery with Rape:
1. If the idea of taking the personal 1. Even if the rape was committed in
property of another with intent to gain another place, it is still robbery with
came to the mind of the offender rape. It is not necessary that the rape
after he had killed the victim, he is be committed prior to or
guilty of two separate crimes of simultaneously with the robbery. The
homicide or murder, as the case may law says in the definition of the
be, and theft. crime, "when the robbery is
2. Killing first the victim and then accompanied by rape or mutilation."
afterwards taking the money from the 2. But if the rape is committed against a
body of the deceased is robbery with woman in a house other than that
homicide. But the offender must have where the robbery is committed, the
the intent to take personal property rape should be considered a
before the killing. separate offense.
3. It is still robbery with homicide if in 3. Even if the rape was committed
the course of the robbery, another before the taking of the property, it is
robber is killed by his companion. still robbery with rape if the intent of
4. There is robbery with homicide, even the culprits from the beginning was to
if the person killed was an innocent take personal property and rape was
bystander and not the person not the primary objective.
robbed. 4. There is no complex crime of robbery
5. When homicide is not proved, the with attempted rape because a
crime is only robbery. Whereas, robbery cannot be a necessary
when robbery is not proved, the means to commit attempted rape,
crime is only homicide. nor attempted rape to commit
6. All who participated in the robbery as robbery. Both crimes cannot be the
principals are principals in robbery result of a single act.
with homicide. 5. When the taking of property after the
rape is not with intent to gain, there is
WHAT IS THE SPECIAL COMPLEX neither theft nor robbery committed.
CRIME OF ROBBERY WITH RAPE 6. When rape and homicide co-exist in
AND HOW WAS IT COMMITTED? the commission of robbery, the crime
is robbery with homicide and rape.
Where the offender must have the intent The rape to be considered as an
to take the personal property belonging aggravating circumstance.
to another with intent to gain, and such
intent shall have been accompanied by IF THE SEQUENCE OF THE ACTS IS:
rape, the special complex crime of RAPE, HOMICIDE, THEN ROBBERY,
robbery with rape is committed. WHAT CRIMES ARE COMMITTED?
IN ROBBERY WITH RAPE, WHEN A. If they raped, then killed the girl, then
SHOULD THE RAPE BE COMMITTED? robbed the place with force upon
things, the crimes are i) Rape with
To be liable for the special complex Homicide; and ii) Robbery.
crime of robbery with rape, the intent to B. If they raped, then killed the girl and
take personal property of another must took jewelry or other valuables from
precede the rape, and if the original plan her person or without force upon
was to rape but the accused after things, the crimes are i) Rape with
committing the rape also committed homicide; and ii) Theft, because the
robbery when the opportunity presented dead can no longer be intimidated.
Juris Doctor
PUP-College of Law
C. If they robbed, then raped, then killed THEREIN WHICH CONSTITUTES THE
her, Robbery with Homicide; Rape is CRIME OF ROBBERY?
absorbed. The same if they raped,
then robbed then killed her because 1. Breaking of doors, wardrobes,
she was still alive when they chests, or any other kind of locked or
committed the robbery and homicide sealed furniture or receptacle; or
takes precedence over rape in the 2. Taking such furniture or objects away
order or priority under Art. 294. to be broken or forced open outside
the place of the robbery.
WHAT IS THE PECULIAR NATURE OF
ROBBERY WITH ARSON? WHAT IS BRIGANDAGE?
In order to have robbery with arson, Brigandage is a crime against property

there must be violence and intimidation committed by more than three armed
upon persons first and thereafter, the persons who form a band of robbers for
premises are burned and there is no the purpose of committing robbery in the
killing, rape, or mutilation. If robbery is highway or kidnapping persons for the
with force upon things and thereafter the purpose of extortion or to obtain
house was burned to cover up the ransom, or for any other purpose to be
crime, two crimes are committed, attained by means of force and violence.
robbery and arson, because robbery
with arson is under Art. 294 on violence DISTINGUISH BRIGANDAGE FROM
and intimidation where in Art. 299 is ROBBERY IN BAND?
robbery with force upon things and it
does not include arson. In brigandage, the purpose of the
offenders is either to commit robbery in
WHAT ARE THE TWO KINDS OF the highway, or to kidnap persons for
ROBBERY WITH FORCE UPON purposes of extortion and ransom, or for
THINGS? any other purpose to be attained by
force and violence; while in robbery in
1. Robbery in an inhabited house or band, the purpose of the offenders is
public building or edifice devoted to only to commit robbery, not necessarily
religious worship (Art. 299) in the highway.
2. Robbery in an uninhabited place or in
a private building (Art. 302). WHAT IS THEFT?
IN ROBBERY WITH FORCE UPON Theft is a crime against property

THINGS UNDER SUBDIVISION (A), committed by any person who, with
HOW WAS THE ENTRANCE intent to gain but without violence
EFFECTED? against or intimidation of persons nor
force upon things, shall take personal
1. Through an opening not intended for property of another without the latter's
entrance or egress; consent.
2. By breaking any wall, roof, or floor or
breaking any door or window; WHAT ARE THE ELEMENTS OF
3. By using false keys, picklocks or THEFT?
similar tools;
4. By using any fictitious name or 1. That there be taking of personal
pretending the exercise of public property;
authority. 2. That said property belongs to
another;
IN ROBBERY WITH FORCE UPON 3. That the taking be done with intent to
THINGS UNDER SUBDIVISION (B), gain;
WHAT ARE THE ACTS INCLUDED
Juris Doctor
PUP-College of Law
4. That the taking be done without the no added force in taking is employed
consent of the owner; except that necessary to effect the
5. That the taking be accomplished snatching.
without the use of violence against or
intimidation of persons or force upon WHAT CIRCUMSTANCES QUALIFY
things. THEFT?
DISTINGUISH THEFT FROM Theft is qualified when any of the

ROBBERY? following circumstances are present:
Robbery and theft are analogous crimes 1. Theft committed by a domestic

involving taking of another's personal servant;
property with intent to gain. It is robbery 2. Theft committed with grave abuse of
if committed with violence against or confidence;
intimidation upon person, or with force 3. If the property stolen is a motor
upon things. Otherwise, it is theft. vehicle, mail matter, or large cattle;
4. If the proprety stolen consists of
WHAT IS ASPORTATION? coconuts taken from the premises of
a plantation;
Asportation is the taking of personal 5. If the property stolen is fish taken
property out of the possession of the from a fishpond or fishery;
owner, without his privity and consent 6. If property is taken on the occasion
and without animus revertendi. of calamity and misfortune.
CAN THERE BE FRUSTRATED WHAT ARE THE ELEMENTS OF

THEFT? CARNAPPING?
None. Under Art. 308 theft can only be 1. Taking of a motor vehicle which
attempted or consummated. It does not belongs to another;
have a frustrated stage as its element of 2. The taking is without the consent of
unlawful taking, or apoderamiento, is the owner by means of violence or
deemed complete from the moment the intimidation of persons or by using
offender gains possession of the thing, force upon things; and
even he has no opportunity to dispose 3. It is done with intent to gain.
the same.
WHAT CHANGES WERE
WHAT IS ANIMUS LUCRANDI AND INTRODUCED BY R.A. 7659 (ANTI-
WHAT WILL GIVE RISE TO ITS CARNAPPING LAW)?
PRESUMPTION?
Three amendments to the anti-
Animus lucrandi or intent to gain is an carnapping law, viz:
internal act which can be established
through the overt acts of the offender. It 1. The change of penalty of life
is presumed when one is found in imprisonment to reclusion perpetua;
possession of stolen goods precisely 2. The inclusion of rape;
because the taking of another's property 3. The change of phrase "in the
is an unlawful act. commission of the carnapping" to "in
the course of the commission of the
SNATCHING MAY CONSTITUTE WHAT carnapping or on the occasion
CRIME? thereof."
Robbery if the snatcher employed force WHAT IS THE NATURE OF THE

more than necessary upon the person CRIME OF CARNAPPING?
whose valuables were snatched; theft if
Juris Doctor
PUP-College of Law
Carnapping is malum prohibitum. If WHO ARE LIABLE FOR CULPABLE

homicide is committed, the INSOLVENCY?
denomination of carnapping with
homicide is a term to show that Culpable insolvency is committed by
somebody was killed during the debtors who conceal properties to avoid
carnapping. It is not a complex crime but payment of legal debt.
a special complex crime or composite
crime made so by the amendment to the WHAT IS ESTAFA AND HOW WAS IT
law by R.A. 7659. COMMITTED?
WHAT IS FENCING? Swindling or Estafa is a crime against

property committed by any person who
Fencing is the act of any person who, shall defraud another by any of the
with intent to gain for himself or for following means:
another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose 1. With unfaithfulness or abuse of
of, or shall buy and sell or in any other confidence;
manner deal in any article, item, object 2. By means of false pretenses or
or anything of value which he knows, or fraudulent acts;
should be known to him, to have been 2. Through fraudulent means.
derived from the proceeds of the crime
of robbery or theft. WHAT ARE THE ELEMENTS OF
ESTAFA IN GENERAL?
WHAT IS PRESUMED WHEN STOLEN
ARTICLES ARE IN THE POSSESSION 1. That the accused defrauded another
OF A PERSON? by abuse of confidence or by means
of deceit;
When stolen articles are found in the 2. That damage or prejudice capable of
possession of a person, it is presumed pecuniary estimation is caused to the
that the possessor has committed the offended party or third person.
crime of fencing. Mere possession of
any good, article, item, object, or IS THE CRIME OF ESTAFA
anything of value which has been the CONSIDERED AS INVOLVING MORAL
subject of robbery or thievery shall be TURPITUDE?
prima facie evidence of fencing. The law
does not require proof of purchase of Yes. In essence and in all respects,
the stolen articles by petitioner, as mere estafa, no doubt, is a crime involving
possession thereof is enough to give moral turpitude because the act is
rise to a presumption of fencing. unquestionably against justice, honesty
and good morals.
WHAT IS CATTLE RUSTLING (PD 533-
ANTI CATTLE RUSTLING LAW)? WHAT IS THE GRAVAMEN OF THE
OFFENSE OF B.P. BLG. 22?
Cattle rustling is taking away by any
means, methods or schemes, without The gravamen of B.P. Blg. 22 is the act
the consent of the owner/raiser, of any of making and issuing a worthless check
of the large cattle whether or not for or one that is dishonored upon its
profit or gain, or whether committed with presentment for payment and the issuer
or without violence or intimidation of failed to satisfy the amount of the check
person or force upon things. It includes or make arrangement for its payment
the killing of large cattle, or taking its within five banking days from notice of
meat or hide without the consent of the dishonor. The act is malum prohibitum,
owner/raiser. pernicious and inimical to the public
welfare.
Juris Doctor
PUP-College of Law
But if before the fire was put out, it had

WHAT IS ARSON AND HOW IS IT burned a part of the building, it is
COMMITTED? consummated.
Arson is the malicious destruction of IS THERE FRUSTRATED ARSON?

property by fire. As long as fire or
pyrotechnic material is used to destroy None, because arson is defined as
any property, it is arson. In arson, the burning of property. If no burning
corpus delicti rule is generally satisfied resulted by offender commenced the
by proof of the bare occurrence of the commission of the felony direct by overt
fire and of its having been intentionally acts but was not able to produce the
caused. felony because of causes other than his
own spontaneous desistance, attempted
WHAT ARE THE DIFFERENT KINDS arson is committed. Even if the whole
OF ARSON? house has not been completely gutted
by fire, the crime is still consummated
1. Simple arson arson.
2. Destructive arson
3. Other cases of arson WHAT ARE THE SPECIAL
AGGRAVATING CIRCUMSTANCES IN
DISTINGUISH SIMPLE ARSON FROM ARSON?
DESTRUCTIVE ARSON?
1. If committed with intent to gain;
The nature of destructive arson is 2. If committed for the benefit of
distinguished from simple arson by the another;
degree of perversity or viciousness of 3. If the offender is motivated by spite
the criminal offender. Destructive arson or hatred towards the owner or
is characterized as heinous crime for occupant of the property burned;
being grievous, odious, and hateful 4. If committed by a syndicate.
offense; while simple arson
contemplates crimes with less IS THERE A COMPLEX CRIME OF
significant social, economic, political and ARSON WITH HOMICIDE?
national security implications than
destructive arson. There is none. Presidential Decree No.
1613 provides that if by reason of or on
HOW WAS ATTEMPTED, the occasion of arson, death results, the
FRUSTRATED AND CONSUMMATED penalty of reclusion perpetua shall be
ARSON COMMITTED? imposed. The crime of homicide is
absorbed.
A person, intending to burn a wooden
structure, collects some rags, soaks WHEN IS THE CRIME OF MURDER,
them in a gasoline and places them ARSON, OR COMPOSITE CRIME OF
beside the wooden wall of the building. ARSON WITH HOMICIDE?
When he is about to light a match to set
fire to the rags, he is discovered by 1. It is murder when the use of fire was
another who chases him away, the specifically chosen primarily to kill
crime committed is attempted arson. the victim.
2. It is arson and murder/homicide
If that person is able to light or set firt to when the murder/homicide has
the rags but the fire was put out before already been consummated and the
any part of the building was burned, it is house was burned to conceal the
frustrated. crime.
3. It is arson when the owner burned
his property but the fire spread to
Juris Doctor
PUP-College of Law
other properties and a person was WHAT IS ADULTERY AND WHO MAY
killed. BE LIABLE FOR ADULTERY?
WHAT IS MALICIOUS MISCHIEF? Adultery is committed by any married

woman who shall have sexual
Malicious mischief is the willful intercourse with a man not her husband
damaging of another's property for the and by the man who has carnal
sake of causing damage due to hate, knowledge of her, knowing her to be
revenge or other evil motive. married, even if the marriage be
subsequently declared void.
DISTINGUISH MALICIOUS MISCHIEF
FROM UNJUST VEXATION? WHAT IS THE ESSENTIAL ELEMENT
OF ADULTERY?
If the intent is to irritate a person, the
crime is unjust vexation; if the intent is to The essential element of adultery is the
cause damage to another's property, it violation of the marital vow.
malicious mischief. Malicious mischief is
against property, while unjust vexation is WHAT IS CONCUBINAGE AND WHO
against persons. MAY BE LIABLE FOR
CONCUBINAGE?
WHO ARE THE PERSONS EXEMPTED
FROM CRIMINAL LIABILITY IN THEFT, Concubinage is committed by any
SWINDLING/ESTAFA, OR MALICIOUS husband who shall keep a mistress in
MISCHIEF? the conjugal dwelling, or, shall have
sexual intercourse, under scandalous
1. Spouses, ascendants and circumstances, with a woman who is not
descendants or relative by affinity in his wife, or shall cohabit with her in any
the same line; other place.
2. The widowed spouse with respect to WHAT ARE THE ELEMENTS OF
the property which belonged to the QUALIFIED SEDUCTION?
deceased spouse before the same
shall have passed into the Qualified seduction requires:
possession of another; and
3. Brothers and sisters and brothers-in- 1. The offended party is a virgin, which
law and sisters-in-law, if living is presumed if she is unmarried and
together. of good reputation;
2. She must be over 12 and under 18
CRIMES AGAINST CHASTITY years of age;
3. The offender had sexual intercourse
• Adultery (333) with her;
• Concubinage (334) 4. There is abuse of authority,
• Rape (335) confidence, or relationship on the
• Acts of Lasciviousness (336) part of the offender.
• Qualified Seduction (337)
• Simple Seduction (338) WHAT ARE THE DISTINCTIONS
• Acts of Lasciviousness with the BETWEEN SIMPLE SEDUCTION AND
Consent of the Offended Party QUALIFIED SEDUCTION?
(339)
• Corruption of Minors (340) In Simple Seduction, the woman is
• White Slave Trade (341) single or a widow of good reputation.
• Forcible Abduction (342) The offender may be any person; and
• Consented Abduction (343) the victim cannot be over 18 years old.
Juris Doctor
PUP-College of Law
On the other hand, in Qualified family of the victim and the infringement
Seduction, the woman is a virgin. The of their rights.
offender is public authority, priest, house
servant, domestic, guardian, teacher or CRIMES AGAINST CIVIL STATUS OF
any person entrusted with the education PERSONS
or custody of the woman seduced; and
when the offender is the brother or an • Simulation of births, substitution
ascendant, the age and moral reputation of one child for another, and
of the female is no material. concealment or abandonment of a
legitimate child (347)
WHO COULD BE THE OFFENDERS IN • Usurpation of civil status (348)
QUALIFIED SEDUCTION? • Bigamy (349)
• Marriage contracted against
1. Those who abused their authority provisions of laws (350)
a. Person in public authority • Premature marriages (351)
b. Guardian • Performance of illegal marriage
c. Teacher ceremony (352)
d. Person who, in any capacity, is
entrusted with the education or WHAT ARE THE ELEMENTS OF
custody of the woman BIGAMY?
seduced.
2. Those who abused confidence 1. Offender has been legally married;
reposed in them 2. The marriage has not been legally
a. Priest dissolved;
b. House servant 3. Offender contracts a second or
c. Domestic subsequent marriage.
3. Those who abused their relationship 4. Such second marriage or subsequent
a. Brother who seduced his sister marriage has all the essential
b. Ascendant who seduced his requisites for validity.
descendant
CRIMES AGAINST HONOR
HOW IS CORRUPTION OF MINORS
COMMITTED? • Libel (353)
• Slander (358)
Corruption of minor is committed only if • Slander by deed (359)
a minor is used to satisfy the lust of • Incriminating innocent person
another and not the corruptor's own lust. (363)
• Intriguing against honor (364)
WHAT ARE THE ELEMENTS OF
FORCIBLE ABDUCTION? WHAT ARE THE DIFFERENT CRIMES
OF DEFAMATION?
1. The victim is any woman, regardless
of age, civil status, or reputation; They are oral defamation or slander;
2. The abduction is against her will; and written defamation or libel; and
3. The abduction is with lewd designs. defamation by overt acts or slander by
deed.
WHAT IS THE GRAVAMEN OF THE
OFFENSEOF CONSENTED TO FIND A PERSON GUILTY OF
ABDUCTION? LIBEL, WHAT ELEMENTS MUST BE
PROVED?
The gravamen of the offense of
consented abduction is the alarm and To be liable for libel under Art. 353, the
disturbance to the parents and the following elements must be shown to
exist:
Juris Doctor
PUP-College of Law
1) the allegation of a discreditable act GIVE EXAMPLES OF RECKLESS

or condition concerning another; ACTS WHICH RESULTS TO
2) publication of the charge; HOMICIDE?
3) identity of the person defamed; and
4) existence of malice. Past jurisprudential cases of reckless
imprudence resulting in homicide were
QUASI-OFFENSES as follows:
Generally, imprudence and negligence 1. Exhibiting a loaded revolver to a

constitutes quasi-offenses. friend, who got killed by the
accidential discharge arising from
WHAT IS RECKLESS IMPRUDENCE? negligent handling;
2. Discharging a firearm from the
Reckless imprudence is the inexcusable window of one's house and killing a
lack of precaution of a person taking into neighbor who at the moment leaned
consideration his over a balcony front;
3. Firing a gun in the air to stop a fist
(a)
employment or occupation; fight and hit a bystander who died
(b)
degree of intelligence; thereafter;
(c)
physical condition, and
(d)
other circumstances regarding time, WHAT ARE THE REQUISITES FOR
person, and place. Such inexcusable THE APPLICATION OF RES IPSA
negligence results in material LOQUITUR?
damage to another. 1. The accident was of kind which does
COMPARE SIMPLE IMPRUDENCE TO not ordinarily occur unless someone
RECKLESS IMPRUDENCE? is negligent;
2. The instrumentality or agency which
Simple imprudence consists in the lack caused the injury was under the
of precaution displayed in those cases exclusive control of the person in
in which the damage impending to be charge; and
caused is not immediate or the danger 3. The injury suffered must not have
clearly manifest. In reckless been due to any voluntary action or
imprudence, the impending damage is contribution of the person injured.
immediate and the danger manifest.
IMPORTANT THINGS TO REMEMBER
WHAT ARE THE ELEMENTS OF FROM BOOK 1
RECKLESS IMPRUDENCE?
HOW ARE FELONIES COMMITTED?
1. The offender does or fails to do an
act; Felonies are committed either by means
2. The doing or the failure to do that act of deceit (dolo) or by means of fault
is voluntary; (culpa). There is deceit when the act is
3. Such is without malice; performed with deliberate intent. There
4. Material damage results from the is fault when the wrongful act results
reckless imprudence; and from imprudence, negligence, lack of
5. There is inexcusable lack of foresight or lack of skills.
precaution on the part of the
offender, taking into consideration WHAT ARE THE ELEMENTS OF
his employment or occupation, INTENTIONAL FELONIES AND
degree of intelligence, physical CULPABLE FELONIES?
condition and other circumstances
regarding the person, time and In intentional felonies, the elements are
place. freedom, intelligence and intent; while,
Juris Doctor
PUP-College of Law
in culpable felonies, freedome, Motive, on the other hand, is the moving

intelligence and negligence, power or force which impels one to
imprudence, lack of foresight and lack of commit acts toward a desired result.
skill are the elements. Generally, motive is immaterial in
incurring criminal liability; it is intent
WHAT ARE CRIMES MALA IN SE AND which is material.
WHAT ARE CRIMES MALA
PROHIBITA? DISCUSS EACH. WHAT FACTORS AFFECT INTENT
AND CONSEQUENTLY THE CRIMINAL
Crimes mala in se are acts or omissions LIABILITY OF THE OFFENDER?
which are inherently evil. Generally, they
are punished under the Revised Penal 1. Ignorantia facti excusat (Mistake of
Code. fact) - that mistake which had the facts
been true to the belief of the offender,
Crimes mala prohibita are acts which can justify his act.
are made evil because there is a law
prohibiting the same. These would not 2. Aberratio ictus (Mistake in the
be wrong but for the fact that positive victim of the blow) - where the offender
law forbids them. In this case, the only intends the injury on one person but the
question asked is, has the law been harm fells on another. This increases
violated? criminal liabilility and may result to a
greater penalty to the offender.
WHAT ARE THE THREE STAGES OF
EXECUTION OF FELONIES? 3. Error in personae (Mistake in the
DISCUSS EACH. identity) - involves only one offended
party but the offender committed a
The three stages of execution are the mistake in ascertaining the identity of
consummated, frustrated and the victim. This may or may not lower
attempted. criminal liability depending upon
whether the actual crime committed and
A felony is consummated when all the the intended time are of equal or
acts necessary for its accomplishment different gravity.
and execution are present.
4. Praeter intentionem (So grave a
A felony is frustrated when the offender wrong caused than that intended) -
performs all the acts which would where the injury is on the intended
produce the felony as a consequence victim but the resulting consequence is
but which was not produced by reason so grave a wrong than what was
of causes independent of the will of the intended. This is a mitigating
perpetrator. circumstance whic lowers criminal
liability.
A felony is attempted when the offender
commences the commission of an 5. Proximate cause - is that cause
offense directly by overt acts, and does which, in natural and continuous
not produce all the acts of execution sequence, unbroken by an efficient
which should produce the felony by intervening cause, produces the injury,
reason of some cause or accident other and without which the result would not
than his own spontaneous desistance. have occurred. This gives rise to
criminal liability.
WHAT IS INTENT AND WHAT IS
MOTIVE? DISTINGUISH THEM. WHAT CIRCUMSTANCES DO AFFECT
CRIMINAL LIABILITY?
Intent refers to the use of a particular
means to bring about the desired result.
Juris Doctor
PUP-College of Law
1. Justifying circumstances - they are 2. Reclusion Temporal - 12 years and

those wherein the acts of the actor are 1 day to 20 years
in accordance with law and hence, he 3. Prision Mayor and Temporary
incurs no criminal liability. Since there is Disqualification - 6 years and 1 day
no crime, there is no criminal, and to 12 years
therefore, no civil liability either. 4. Prision Correccional, Suspension
and Destierro - 6 months and 1 day
2. Mitigating circumstances - they are to 6 years
those which show the lesser perversity 5. Arresto Mayor - 1 month and 1 day
of the offender and thus considered to to 6 months
lower the penalty prescribed for the 6. Arresto Menor - 1 day to 30 days
offense.
3. Aggravating circumstances - they

are those which recognizes that the
offender is of greater perversity hence,
the penalty is increased.
4. Alternative circumstances - they

are those which must be taken into
consideration as either aggravating or
mitigating according to the nature and
effects of the crime and other conditions
attending its commission. They are
considered only when they influenced
the commission of the crime.
WHAT ARE THE DIFFERENT KINDS

OF PENALTIES AND ITS DURATION?
1. Reclusion Perpetua - 20 years and

1 day to 40 years
Juris Doctor
PUP-College of Law

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REVIEWER IN CRIMINAL LAW (BOOK 2)

Culled from the book of boado

CRIMES AGAINST NATIONAL to the enemies, giving them aid or

Cruelty and ignominy are the DISTINGUISH TREASON FROM

WHAT ARE THE PENALTIES IMPOSED Treason is committed only in time of

HOW ARE THE CRIMES OF It is an offense of gathering,

WHAT IS PIRACY? CRIMES AGAINST THE

c. 36 hours for crimes or offenses

A peace officer must have a warrant of WHAT WOULD BE THE OFFENSE IF

A peace officer or a private person may, COMPARE ARBITRARY DETENTION

1. When, in his presence, the person to Arbitrary detention is committed by a

leave would amount to violation of

objective is to destabilize or 1. Without public uprising, by

OR HIS AGENT, WHAT CRIME OR example, during midnight in the

WHAT ACTS ARE PUNISHED AS 1. That the offender is a convict by final

similar catastrophe, or mutiny in person, after having been convicted by

WHY IS VIOLATION OF PARDON AN The aggravating circumstance of

IS QUASI-RECIDIVISM A FELONY? Crimes against public interests are

whether public, official, private or DISTINGUISH COUNTERFEITING OF

The subject of forgery should be Forgery includes acts of counterfeiting

HOW IS COUNTERFEITING, DISTINGUISH FORGERY FROM

1. Counterfeiting or imitating any Misstatements or erroneous assertion in

IS GOOD FAITH A DEFENSE IN WHERE IS PERJURY COMMITTED?

WHAT ARE THE CRIMES WHAT ARE THE ACTIONS TO BE

incapacitated person who induces or

• Other offenses or irregularities by 1. By agreeing to perform, or by

there is no such requirement. Mere conversion, or loss of public funds that

enable the accused to determine the

Notes on Parricide: WILL THE FACT THAT THE SPOUSES

Notes on Art. 247 While even a frontal attack can be

Only one circumstance suffices to 1. The killing of a child is murder even if

on the part of the offender, he is A person who attempts to commit

IS COMMITTING A SUICIDE A Discharge of firearm may be committed

the fetus form the maternal womb which

WHAT ARE SERIOUS PHYSICAL In serious physical injuries, it is only

HOW IS LESS SERIOUS PHYSICAL 1. That the offender is a man;

a. By using force or intimidation; WHAT IS THE EFFECT OF THE

WHO CAN COMMIT RAPE? 1. When by reason or on occasion of

assault, coercion, harassment or • Kidnapping and Serious Illegal

rendered under compulsion in payment

WHAT ARE THE CRIMES CALLED 1. Abandonment of persons in danger

property of the latter or of his family of

WHAT ARE LIGHT THREATS? Unjust vexation is a form of light

• Possession of picklocks or similar

WHAT IS ROBBERY? However, if the original design is not to

1. That there be a personal property IS THERE A SPECIAL COMPLEX

Notes on Robbery with Homicide: Notes on Robbery with Rape:

In order to have robbery with arson, Brigandage is a crime against property

IN ROBBERY WITH FORCE UPON Theft is a crime against property

DISTINGUISH THEFT FROM Theft is qualified when any of the

Robbery and theft are analogous crimes 1. Theft committed by a domestic

CAN THERE BE FRUSTRATED WHAT ARE THE ELEMENTS OF

Robbery if the snatcher employed force WHAT IS THE NATURE OF THE

Carnapping is malum prohibitum. If WHO ARE LIABLE FOR CULPABLE

WHAT IS FENCING? Swindling or Estafa is a crime against

But if before the fire was put out, it had

Arson is the malicious destruction of IS THERE FRUSTRATED ARSON?

WHAT IS MALICIOUS MISCHIEF? Adultery is committed by any married

1) the allegation of a discreditable act GIVE EXAMPLES OF RECKLESS

Generally, imprudence and negligence 1. Exhibiting a loaded revolver to a

in culpable felonies, freedome, Motive, on the other hand, is the moving

1. Justifying circumstances - they are 2. Reclusion Temporal - 12 years and

3. Aggravating circumstances - they