Penal laws limitation.

1.cruel and excessive fine

2. non-imprisonment for debt
3.expost facto law
4.bill of attainder- inflicts punishment without judicial trial.

Characteristic
1.general- binding to all person
2.territoriality-limited in the Philippines except in article 2 of the RPC
3.prospective

Consul- is only exempt from prosecution in case there is treaty stipulation.

Exemption to territoriality
1. crimes in Philippine vessel and aircraft
2. counterfeiting of currency of the Philippines
3. introduction of counterfeit notes
4. exercise of officer of his function.

Falsification of public document- is also considered public act.

Crimes under law of nation

-treason, conspiracy to commit treason, misprision of treason, espionage, inciting to war, attempt to flee
to enemy country, violation of neutrality, correspondence to enemy country, terrorism, piracy, mutiny in
the high sea.

Prospectively- cannot be given retrospective character except if favorable to the accused. Exception to
the exception- habitual delinquent- one who released from prison within 10 years after convicted by-
estafa, swindling falsification, robbery, theft, less serious and serious physical injury.

Good conduct allowance- is not penal character because does not prescribe penalty- can be given
retrospective effect because it is favorable to the accused.
Ambiguous penal law- must construe in favor of the accused
If not ambiguous- verbal egis
Pro reo- doubt must be construed in favor of the accused.

Motive is not an element- except if there is doubt to who committed the crime and there are other
circumstantial evidence.
Intent is essential element of the crime under RPC.
Palpable offense-negligence -intent is not necessary

Mistake of fact-misapprehension of facts. Acted without criminal intent.

Mistake of law-ignorance of law is not a defense.

Mistake of fact-must relate

People versus guervero-must not acted of negligence.
Mala inse-inherent wrong, RPC, intent is element, good faith is a defense,

Mala prohibita- not inherently wrong only prohibited by law, special penal law except in other crime like
plunder, intent is not element, good faith is not defense,

Plunder and child abuse law ra 7610- mala inse

Technical malversation is malum prohibitum-people versus isidoro- even noble

Entrapment-trapping or capturing criminal offender, it is not a defense, intent is based on the offender
Instigation-induce other person to commit a crime, defense, intent comes from another person other
not criminal

Defense of alibi and frame up- weakest defense because self-serving.

Alibi- not in the same place of commission of crime unless physically impossible for him to crime is
committed.

Corpus delicti-body of the crime- homicide- not the body or weapon

Robbery-not the loot of the crime.
In drug cases- the drug itself

Conspiracy-two or more person to commit a crime. Direct proof is not essential because implied
conspiracy.

Conspiracy- treason, coup de ta, sedition, arson, terrorism, rebellion, dangerous drug- punishable
conspiracy
Proposal to commit a crime- treason, rebellion, coup de ta.
There is no proposal to commit sedition but inciting to commit sedition.

Article 4- criminal liability- even different intention

-ineffective means

People versus patulot-drug cases- throwing boiling oil-hit two children- liable for anti-abuse child law.
Praetor intentionem- cause of the cause is the cause of the evil caused.
Committing an intentional felony- even the intention does not result of the same.
Violation of special penal law-no praetor intentionem because not no intentional felony.

Gangrene and tetanus do not break the sufficient cause.

Impossible crime-inherent impossibility. -crimes against property or person only.

No impossible crime of adultery and concubinage-crime against chastity.

Unjust vexation- annoy or vex the mind of innocent person.

Man sex with other man- 9262- psychological effect.

Intentional abortion? can there be impossible crime? Impossible crime of intentional abortion.
Impossible crime- evil intent is necessary
Theft- take property of another- taking of own property- impossible crime of theft.
Robbery with intimidation- violated another probation of the code- guilty of grave threats- not an
impossible crime.
People versus intod- impossible crime? Impossible crime of murder which inherently impossible.
People versus jacinto- account of closed- stolen check- impossible because the check has no value
Poisoning person with non-poisonous substance-impossible crime of murder

Stages of execution-attempted, frustrated and consummated stage

Preparatory acts is not punishable-
Carrying of flammable substance-not criminal
Carrying picklock- punishable in the revised penal code.

Attempted- does not complete all acts of execution even without inflicted wound or damage.
Pointed gun with intent to kill- attempted homicide.
Jammed gun- attempted homicide
Frustrated- perform all acts of execution. Fatal and mortal wound.
Slight physical injury-no intent to kill
Less serious physical injury-no intent to kill
Serious physical injuries-no intent to kill
Physical injuries- no attempted and frustrated case always consummated.
Two stages only- theft and robbery- attempted and consummated stages
Crime of rape only has two stages- attempted and consummated stages.
Kidnapping and serious illegal detention- lasted 3 days, threat to kill, woman, public officer, minor or use
of public office-attempted and consummated stage.
Estafa or swindling- intent to cause damage? – attempted and consummated stage. – intention to
commit crime.
State of necessity-civil damages can be awarded.
Justifying-no criminal liability
Exempting- no criminal liability
Mitigating-incur criminal liability but mitigated
Alternative
1.intoxication
2.degree education
3.relationship
Tangan versus people-offensive word does not constitute unlawful aggression
Offensive word and action like drawing a gun? Constitute unlawful aggression

If lawful aggression- it must be unlawful

Unlawful aggression must be continuing and had not ceased.

Sufficient provocation- saying bobo or saying ugly can be considered as provocation-

Defense of property rights-

Stolen cellphone- person gave warning shot and he fired- hit was leg- it is reasonable act.
Defense of honor-libel-malicious imputation- defense of libel- even one year after

Threat must not mere speculative and cannot be prevented-state necessity

-if negligence or evil start in him-ty versus people
Justifying circumstances- state of necessity can still be held civilly liable and those who benefited with
the act of the accused.
Shotting an inmate who escape is excessive to fulfill the duty.

Offender lawful order-lawful purpose or honest believe that the order is lawful- the implementation
must also lawful

Insanity or imbecility-completely deprive of intelligence-

Imbecile- 7 years old
Child in conflict with the law- 18 years old and below
15 years old below-is an exempting circumstance
Accident-performing a lawful act- and causes injury-
If without care- then he is liable culpable crime
If intentional felony-liable for prior intentionem-
Firing a gun in the air and killed person-liable for homicide.
Cleaning of unlicensed crime and gun was fired resulting to death of a person- liable for reckless
imprudence result to homicide because unlicensed firearm is not intentional felony only violation of a
special penal law. Praeter intentionem is not applicable.
Irresistible force- threat must be real and not speculative
Text message of unknown number-
Uncontrollable fear
Uncontrollable fear and irresistible force- opportunity to escape can be ground for this case not be
applicable.
Generic mitigating- can be offset-minimum period-
Privilege mitigating- cannot be offset.- 1lower penalty-child 2 degrees lower.
2 privilege mitigating circumstances without aggravating circumstances-it would be privilege.
Special mitigating circumstances- not susceptible of offset.
Concealment of dishonor- intentional abortion and parricide -maternal grandparent can be given
concealment of dishonor.
Abandonment- crime of adultery-
15-18 with discernment-privilege mitigating
Incomplete justifiable and exempting circumstance-
Majority requisite is complied- privilege
If no majority only one or 2 requisite- generic circumstances
If one requisite which defense-must show unlawful aggression
Provocation- must come from victim
Vindication of grave offense-passion and obfuscation
People versus genosa- mitigating circumstance with same manner can be appreciated as long separate
facts.
Passion or obfuscation must not be based on lawlessness and vindication.
Physical defect- deaf and dumb or any physical defect that lessen intention-
admission and confession before the court.
Confession must unconditional
Confession prior the prosecution present evidence-must be crime charge in the information.
Voluntary surrender-it must be spontaneous
Surrender must prior to filing of the information. Except when the case de vera versus de vera will apply.
Analogous circumstances- returning of money- voluntary surrender.
Aggravating circumstances
Generic aggravating-
Qualifying aggravating-
Specific aggravating-
Inherent circumstances-
Special aggravating- not be offset not found in article 14, penalty prescribed by law. quasi recidivist-
maximum period- cannot be offset. – one member of syndicate- firearms law-use of unlicensed firearm
only if use firearm is inherent like discharge of firearm if not inherent mere aggravating circumstance,
dangerous drug law-under influence will be special aggravating.

Aggravating circumstance must be proven beyond reasonable doubt.

Taking advantage of public office-falsification of public officer-public office is inherent of the commission
of the crime.
Presence of public officer
Disregard of age rank and sex.
Subordinate and sex-it must deliberate disrespect age, rank and sex of the offended party.
Disregard dwelling- even if started in house and or ended outside the house can constitute disregard of
dwelling.
Obvious ungratefulness and abuse of confidence.
Palace chief executive or in presence of the chief of executive or public places where officer is in
discharge of work public officer.
Crime nighttime or inhabited place or band-taken advantage of this circumstances.
Certain calamity
Aid of armed men- 2-armed person
Band- 3 armed men with more four person-

Recidivism-ordinary aggravating- final convicted also convicted with crime same title in the code. Crime
of property, same crime of chastity, same crime against person-only convicted, always aggravating.
Reiteration-ordinary aggravating- has been convicted and served sentence of crime and second
conviction of equal or greater penalty or 2 lighter penalties. Not in same title. There must be service of
sentence, not always aggravating circumstances.
Quasi recidivism- committed with two crimes, while serving sentence committed a crime under the
code. Maximum period of the second crime.
Habitual delinquent-within period of 10 after conviction or service sentence committed a crime and
convicted falsification, robbery, theft, estafa, serious physical injury and less serious physical injuries.
Separate penalty will be imposed or additional penalty.

Consideration of price reward or promise- qualify to murder.

Means of fire, explosion damage to vessel or derailment of the train of great waste or ruin-
Poison-murder
Drown-murder inundation
Destruction 20 stories building-great waste or ruin.
Evident premeditation-qualifying circumstance. Time of was determination of crime, clung to his
determination, lapse of time to reflect.
Express conspiracy- presumed evident premeditation.
Evident premeditation is not applicable when the victim is not the actual victim.
Evident may be inherent-robbery, theft, act of lasciviousness, swindling, estafa, rape
Disguise- to afford impunity
Mere superiority in physical strength does not automatically goes with abuse of superior strength-
Treachery nighttime and poison.
Crime on property can be aggravated by treachery if it is complex.
Only robbery with homicide- no robbery with parricide or infanticide. The death is only occasioned with
robbery.
Treachery the attack must be deliberate not incidental. Spur in the moment of crimes cannot be
appreciated evident premeditation and treachery.
Ignominy-moral suffering-crime against chastity
cruelty
means of motor vehicle- going to or escaping to crime scene.
Unlawful entry
Breaking wall, door, window.
Alternative circumstances- generic mitigating or ordinary aggravating
1.intoxication
2.education
3.relationship
Estafa, malicious mischief, theft-ascendant, descendant. Widow spouse, brother and sister living
together.
Parricide-relationship is inherent.
Intoxication-mitigating, not habitual and not intentional.
Under the influence? Is aggravating circumstances.

Active subject- libel and defamation can victimized the corporation-

Principal, accomplice and accessory-
principal committed by conspiracy. - it must direct participation-there must conspirator.
Accessory can be held liable for light felonies.
Principal direct participation-participated in criminal resolution, participated in planning and acted in
such planning.
Principal indispensable participation
Principal by inducement.
In consideration of price of money- the actor- principal by direct participation and the offeror-principal
by inducement.
In consideration of price and money- must be the sole purpose for the commission of the crime to be
qualifying circumstances.
Ascendancy or influence- word of command
No personal reason of actor for the commission of the crime- to be qualifying circumstance.
Bahala na kayu – it is not clear and what have meant. Equipoise rule- if favor of petitioner
Accessories- after the commission of the crime
Profiting of himself or destroying body of the crime, harboring escape of the principal- by public officer
as accessories and private individual as accessories.
Public officers as accessories- any crime except light felonies-can be liable for dereliction of duty or
prevarication or obstruction of justice.
Private person as accessories- treason, murder, parricide, attempt to the life of chief executive or
habitual guilty of such crime of the principal. If not within above case can be liable for obstruction of
justice.
By profiting of himself of the crime- exceptions accessory light felonies, robbery and theft.
Principal of fencing- assist in robbery and theft, profiting thereof. Can be held liable for fencing.
Profiting of crime- accessory
Accessory relative exempt- Spouse, Ascendant, Descendant, Legitimate, natural or adopted
brother, sister or relative by affinity within the same degreedegree except if that person profited of
the crime.
Tan versus people-fencing is a crime malum prohibitum and the person liable is considered as principal.
Buying, selling- liable of fencing.
Presumed of fencing
Theft and robbery need not to proven as long it is reported to the authorities-tan versus people.
If a person arrested lawfully-section 5 rule 113-preventive imprisonment-detention prisoner
Warrant of arrest-preventive imprisonment-detention prisoner
Preventive imprisonment is not penalty
Preventive imprisonment can be credited as penalty- 4/5 of preventive imprisonment-entitled to full
credit if the start of detention executes or undertaking in writing with counsel that rule will govern a
case with a criminal serving sentence with final judgment.
If preventive imprisonment is beyond the maximum penalty- the person must be released.
Reclusion Perpetua-indivisible penalty-no medium, minimum and maximum period.
Prision mayor, reclusion temporal and perpetua- afflictive penalty
Prision correctional, arresto mayor-correctional penalty
Arresto menor- light penalty-
Fine not more not 40,000-light penalty
Destierro-banishment-25 km to 250km
Fine more than 40,000-1,200,000-is correctional penalty
Fine more 1,200,000- afflictive penalty.
Fine are not debt
Subsidiary imprisonment is a penalty. Highest minimum wage per day in the Philippines.
Limitation of subsidiary liability
1. 1/3 prison penalty or not exceeding 1 year- prison correctional, arresto mayor, arresto menor
and fine
2. Fine only- not exceed 6months. Light penalties fine- not exceed 15days.
3. Crime penalty prision mayor or higher penalty- will not be liable for subsidiary liability. It is
above six-year penalty.
4. Nonpayment of fine because of insolvency- become in the future solvent can now pay fine.
Financial condition improved.
People versus alapan- subsidiary liability must be stated in the judgment if not stated therein can not be
liable to subsidiary imprisonment.
Compound crime- an act which constitute 2 crimes grave or less grave felonies.
Special complex- crime committed through another crime.
complex crime of FH, H, serious PI with less serious PI - grave felonies with light felonies- one penalty in
the case in case homicide because it most serious offense in its maximum period.
You may not complex light felonies to grave felonies.
Reckless imprudence resulting to homicide and reckless imprudence resulting to slight physical injuries. -
pleaded guilty to imprudence resulting to slight physical injuries-double jeopardy? There is double
jeopardy even the light felonies cannot be complex to grave felonies which only applicable in intentional
felonies not in criminal negligence.
Complex crime of double murder and double frustrated murder-reclusion Perpetua is indivisible penalty.
Complex crime proper- necessary means to the commission of another crime. Forcible abduction with
rape- only necessary commission of one rape and succeeding rape is separate crime. If main purpose is
rape then there is rape only not complex crime of forcible abduction with rape.
Estafa through falsification a public document only not private document- there is no complex crime of
estafa through private document-same element of damage. Only liable to falsification of private
document only. Falsification of check entrusted to him? Qualified theft and falsification of commercial
document? complex crime qualified theft through falsification of commercial document.
Abduction with rape is only ordinary complex crime.
Special complex crime- robbery with homicide? Kidnapping with homicide? Rape with homicide?
Kidnapping with rape? Arson with homicide?
Special complex -prescribed by law. Light felonies are absorbed.
Ordinary crime-most serious offense in its maximum, light offense are separate crime.
Continuing offense-
RPC offenses can only be complexed.
Rebellion-absorbed other crimes. It must be for political purpose.
3 more penalties-simultaneously except if the penalty is imprisonment which can only be done
successively.
6 counts of estafa- maximum penalty to minimum penalty with 3-fold rules- 3 times of the maximum
penalty. Limit only to 40-year limit
A criminal of rpc can only liable maximum 40 years.

Probation law and indeterminate sentence law are not special penal law because it does not have
penalty prescribed.
Indeterminate sentence law-
Parole can be given if after serving minimum penalty.
Disqualified of indeterminate
1. Life and death imprisonment
2. Reclusion perpetua-indivisible and can be considered as life in some cases
3. Maximum penalty term of less than 1 year-can be given straight penalty.
4. Evaded judgment, escape confinement
5. Recidivist and habitual delinquent
6. Treason, espionage, inciting to war, rebellion, piracy
7. Violated the pardon of the chief executive
Section 3e 3019-6 years to 15years.-imposed penalty shall not be lower than minimum of 6 years and
not exceeding of 15 years like 8years-14years penalty, 9 years- 10years, 9years 1 day- 9 years 2 days
1month 1 day- 1-year 1day-straight penalty
6months, 2 months, 10 months 11months straight penalty is allowed because less than a year islaw is
not applicable.
Convicted of homicide- reclusion temporal-12 years 1 day to 20years-
Voluntary surrender-minimum reclusion temporal- next lower degree prison mayor in minimum period
based on discretion of the court.
No mitigating no aggravation- reclusion temporal medium period
2 aggravating circumstance- reclusion temporal in maximum period- next lower to it based in discretion
of the court
Privilege mitigating circumstances- incomplete self defense and no intent so grave wrong- prison mayor
in its minimum up to next degree which prison correctional based on the discretion of the court.
3 generic mitigating without aggravating circumstances- 2 generic will become privilege mitigating.
Probation law-
Excluded
1.more than 6 years penalty- only maximum penalty is considered
2.availed only once
3. previous conviction of 6month imprisonment and 1 day or fine more than 1,000
4. crimes against national security-treason, inciting to war, piracy and mutiny
Must file an application within perfection of the appeal.
Judgment April 1-4years imprisonment
April 2-apply to probation
April 3-withdraw application for probation
April 4-notice appeal and file appeal fee-it should be denied
Once accused file a probation, he deemed waived the filing notice of appeal because mutual exclusive
once application of probation cannot anymore appeal.

April 1- maximum 4years imprisonment- appealed the decision

April 1 2021- ca made decision lowering penalty 4month imprisonment
April 1-file probation- it should be denied
Once a person appealed a decision deemed to waived his right to his probation.

A, b and c-charged of frustrated homicide- 4 years prison correctional- 8 years maximum

Only A appealed the case- CA- attempted homicide- 4months -4 years maximum- filed for probation- the
probation should be granted-if trial court found him guilty non probationable penalty and the appellate
court found him guilty of probationable penalty. If probationable penalty is appealed to the supreme
court and found him liable only to less serious physical injuries- probation in this case should be denied.
Probation is mere privilege and availed in earliest possible time.
A,B,C- only a appealed- probationable offense- can B, C file probation-the b,c application be granted
because it is exemption to exemption of the finality of judgment-
Probation can only be liable for case imprisonment-
Payment of fine? Only in subsidiary liability-
Probation- has conditions

Extinguish criminal liability- total or partial

Public crime-victim pardon will not extinguish crime
Private-concubinage, adultery, acts lusciousness, seduction, abduction -forgiveness will extinguish the
crime.
Libel is public crime except libel as with involve accusation of the private crime.
Total extinguishment- service sentence, prescription, absolute pardon, amnesty, marriage
Death extinguishes criminal liability -before and after the criminal trial-
Civil liability extinguishes before judgment become final
If after judgment- civil liability survive
Death before judgment-civil liability is extinguished except civil liability not based on delict.
Prescription suspends in filing of complaint to the prosecutor office-
Prescription starts from commission or discovery of relatives or prosecuting officer-
A dig and buried his wife b saw by their maid c in 1985- report to the crime 25 years later to the police-
is the crime prescribed?
Discovery of crime by offended party or the prosecution officer- C, here is mere maid not offended party
nor the prosecution officer
1990-comitted crime 2000 convicted rape with homicide 2005- affirmed by ca 2010-revrse by CA 2015-
there is evidence that abc are real culprit of the crime presented that prove there is evidence-more than
25 years from the discovery of the crime-crime has already prescribed
Filing prosecutor office which suspend the case
Jadewell versus judge-violation of ordinance- filing of information in court suspend the violation of
ordinance-from discovery of crime -violation of city ordinance within 2 months-
Special penal laws-7877-anti sexual harassment law-3 years 3019-graft and corrupt-20years 7080-
plunder law-20years---ill gotten wealth does not prescribe unless there is estoppel- if SPL does not have
prescription will based on penalty bp 22- 4 years-
Prescription of penalty-convicted by final judgment and serving sentence by escaping.
Flees to country to the Philippines does not have extradition treaty, committed another crime except
evasion of sentence,
Falsification of public document-4years- going to facility- he does not yes start his service of sentence-
then running of prescription does not run. Furthermore, conviction is not yet final.
Pardon-final not convicted impeachment cases or election laws unless favorable recommendation of the
Comelec, civil contempt
Absolute Pardon- acceptance is not required
Conditional pardon- needs acceptance
Amnesty-political offenders.
Absolute pardon- he can still be recidivist
Absolute pardon- can bring back civil and political right of person? Does not automatic unless express
stated in pardon- how about civil liability? He is still liable? He is still liable even stated in pardon of the
president
Marriage of the offended party to the offender? Rape, acts of lasciviousness, seduction, abduction-
Abcdef- marriage of one of the offenders of crime of acts of lasciviousness extinguish all the criminal
liability of all offender
Rape is a public crime- marriage of the offender will extinguish criminal liability of the offender-
Partially extinguishment- conditional pardon, commutation of sentence,
Good conduct service-
Special time allowance for loyalty
President 48 hours from passing of calamity- 1/5 and who stay put 2/5
Failure to return- increase 1/5 but not more than 6months.
Parole- board of pardon and parole- served minimum of sentence.

Special penal laws.

Plunder? Estrada versus Sandiganbayan-mala inse
People versus patulot? Child Anti abuse law RA7610-mala inse
Buy and sell motor vehicle of a product of theft and robbery-which carnapping-yes carnapping is
essentially a crime of theft and robbery- if person bought, sell and possess the carnap car it violate a
fencing law.
Carnapping-motorcycle, car, bus, truck-limited object of theft- must have gain possession with intent to
gain,
Qualified theft- taking motor vehicle-any motor vehicle even not used in highway-
Carnapping with homicide and rape- can be considered as special complex crime-
BP 22-draw against insufficient funds. Mere issuance of worthless check,
Estafa-mala inse, must be payment for preexisting obligation.
Estfa- demand is necessary.
Bp 22- demand is jurisdictional, show that there notice of dishonor, must may good from 5 days of the
receipt of dishonor,
6 months from due date-is considered stale check
Notice of dishonor and demand must be in writing.
Bp full payment is defense? Valid defense
Payment in full in estafa- is not defense but extinguish civil liability.
Plunder-mala inse in Estrada versus Sandiganbayan-more than 50,000,000- series of overt acts-most
guilty must be public officer-
Arson law-
Burning own property is not arson except it affect life and property of another person.
Malicious mischief- destroying property of another person.
Conspiracy to commit arson-
Intention of using of fire must be proven- whether it is for murder and simple arson
Arson with homicide- homicide will be absorbed with arson.
Destroyed intentionally destroyed by fired, it will be escheated in favor of the state.
Using bomb- destroy building to kill a person murder-
Ordinary complex crime when bombing a building with four person inside- destruction with multiple
homicide.
Rape through sexual assault-misnomer- sexual assault only-
Anti-abuse law-statutory act of lasciviousness person under 12 years old under RA 7610
Anyone below 18 years old-
Above 18 years but demented can be considered as victim-
Sexual assault the victim is child can be liable under RA 7610
Complex crime cannot be appreciated under special penal law
RA 7610- any act which is prejudicial to the development of the child. If it is spur of the moment, then it
mere physical injury.
RA9262- vawc- child below 18years of age-
Women- his wife, former wife, gf, former gf or any women dating or sexual relationship-
Lesbian relationship is also considered.
Battered women syndrome- before 2004 is not defense- but passage of RA 9262, it became a self
defense- extinguish criminal and civil liability
Stalking is also criminal liability under RA 9262
Refusal to give support-economic abuse
Marital infidelity perse does not constitute psychological violence-illicit relationship to another place.
Psychological ill not need to be proven for crime of psychological violence is affected. Only testimony of
the wife is substantial based on his personal experience.
Venue- jurisdictional in criminal law
Bp22 is continuing offense- check was drawn, delivered, where check deposited, where the check is
issued.
RA 9262-psychological offense is continuing offense-even if the offender is abroad.
Anti-torture law-act of torture and possible offender-separate and independent crime- it not be
absorbed of any other crime-
However, torture can be special aggravating circumstance.
Hazing-acts that constitute hazing and person liable. Mere presence is prima facie evidence as a
principal. Unless that person tried to stop the crime from committing it.
Mere possession in fencing law is constitutional-
Mere possession of drug paraphernalia considers liable under anti-drug law.
Hazing is malum prohibitum-
Firearm and ammunition act-sale and manufacture of firearms, possess of loose firearm,
Use of explosive and possession of explosive-
Possession outside residence must have license to carry plus license to own to possess- but can liable
election code in case of gun ban.
Use of imitation firearm-
Unlicensed Firearm used murder and homicide-special aggravating
Unlicensed firearm-aggravating-discharge of firearm or alarm and scandal.
Violation of RPC can be used of unlicensed of firearm- if penalty is lower than possession of unlicensed
firearm, he will be liable for penalty of possession of unlicensed firearm and two crimes. If penalty is
equal to or greater of the unlicensed firearm- one crime but two penalties.
Insurrection, rebellion and coup deta- absorbed crime unlicensed firearm.
Not use but possess firearm- he will be liable to crime
Animus possedendi is a requisite crime of possession of unlicensed firearm- intent to possess is
presumed.
Corpuse delicti- lack of license or permit to possess the firearm. Even absence of the firearm he can still
liable that the firearm is proven by statement of witness.
RA 9995- anti photo and voyeurism act- peeping toms and janes- use of gadget is liable for aggravating.-
4years penalty
Unjust vexation- only light felonies
Acts-
1.taking picture of videoed-
2.reasonable protection of privacy- photographing without consent.
3.broadcast of photograph showing to people-
4. photo taken will not be used evidence fruit of poisonous tree unless there is a court order.
Adultery- sexual intercourse of a married woman to a man not his husband.
Concubinage- living with wife in conjugal house, living other place, sex under scandalous circumstances,
Taking video of person having sex of his wife and paramour? Does it violate anti photo and voyeurism
act? Yes, it violates and cannot be used in criminal proceeding.
RA 9165-planting of evidence not under rpc of incriminating an innocence of a person.
To prove identity of seller and buyer. The delivery of drug to the person.
Animus possedendi- presumption of intent to possess.
Use of dangerous drug.
Shabu more 5 grams-
Marijuana 300 grams-
Selling of dangerous of drug- immaterial to how many grams
People versus estipona- plea bargaining in drug cases is now allowed.
Instigation-is a defense of the dangerous drug law.
Chain of custody rule- duly recording of the dangerous drug.
Drug itself is the corpus delicti
Photograph of seized item, marked, making inventory.
Done as far practicable where the item seized unless there is justifiable circumstances.
Presence of two witness rule- local elective official-mandatory, media or representative of DOJ, accused
or his representative. Minor lapses cannot invalidate the seizure of the drug cases.
If there is no gadget to take photograph can be excused in court.
Child in conflict of law-special mitigating lower two degrees- life imprisonment to reclusion perpetua
and 2 degrees lower to prison mayor.
Use of dangerous drug or under the influence-special aggravating.
Criminal law 2
Robbery-293
-intimidation or violence – use force upon anything
-it is not necessary belong to the person as long the person has possession of the thing.
Robbery as special complex crime must be convicted if robbery is qualified by violence and intimidation.

Robbery with homicide-homicide in its generic sense

If person only the one who rape in one room without consent of other co-accused and knowledge-he is
the one liable to robbery with rape

Robbery by band killed a person-it will be robbery with homicide and band will be aggravating
circumstance.
Robbery-inhabited house or public building or edifice to worship
Highway robbery- indiscriminately robbing without determination of victim.
If there is determination of victim-it is highway robbery under rpc

Theft-
Taking vehicle for joy ride-is still intent to gain-
Intent to gain is presumed in unlawful taking-
Qualified theft- abuse of confidence or under circumstances.
1.grave abuse confidence
2. mail matter, motor vehicle, large cattle, coconut and fish
3.calamity and civil disturbance.

Motor vehicle- carnapping except motor vehicle not included under anti carnapping law.
Penalty based on the value of the property proven in court- unlike in robbery which value has no
consideration in the penalty.

Estafa
1.abuse of confidence or means of deceit-misappropriation
Money must have received the property
Juridical possession and physical possession.
Misappropriation and conversion must have obligation to return

Selling credit rather than cash- constitute misappropriation on estafa grave abuse of confidence
-disposing property as his.

Estafa by false pretenses-

Proposal to invest does not constitute fraud-

Intentional fraud to prove estafa not mere accidental fraud.
Estafa based on postdated check-in payment of obligation.

Bp 22-insufficiency of funds
Must show dishonor within 90days-
Must sustain balance to the bank account for 90 days.
Only liable is who issued the check except in case of conspiracy is proven.
Make good of payment within 5 days from notice of dishonor
Return card is not applicable in BP 22 there must showing of actual receipt.

Bp 22 is continuing crime
Full payment prior to filing of bp 22
Novation is not valid defense in bp 22

Arson- intention of the criminal must be proven

Malicious mischief-intentional damage of property- such act does not constitute arson.
Exemption
1.spouses,ascendant and descendant
2.widow in regards of property of deceased prior to distribution
3. brother and sister living together.

Crimes against person

Mother, father, child whether legitimate or illegitimate or legitimate as ascendant, descendant or
spouse. – parricide

Death or physical injury under exceptional circumstances

-legally married spouse- during sexual intercourse or immediately thereafter.
Direct rage even not direct immediately.
There must be interruption.
Murder-
Attack must continuous- to negate qualifying circumstances- us versus baloyut.

Homicide- killing without qualifying circumstances.

Death caused in tumultuous affray-

Infanticide- victim less than 3 days of aged

Intentional abortion

Mutilation-clipping penis or ovarium or any sexual organ for reproduction.

Physical injury is always consummated.

Become ill and cannot work-more than 90 days
Labor- 30- not more than 90 days.

Less serious- 20 days-30days

Slight physical injury- 1day- 9 days.

Rape crime against person

Sexual assault-non gender specific rape.

Lack resistance is not defense if there is moral ascendency between perpetrator and the victim.
Rape with homicide- it is not essential that the victim is the one who died as long it is in occasion of
rape.
No need for medicolegal to prove that rape had happen.

Crimes committed public officers-

Rendering unjust judgment
Judgment through negligence
Malicious delay-
Dereliction of duty- it cannot be committed through negligence.

Refusal of assistance

Qualified bribery- refrain from arresting and prosecuting a crime or criminal.

Bribery
1.constituting a crime in performance of duty- mere agreement constitute the crime.
2.does not constitute a crime in performance of his duty- acceptance of gift is necessary
3. nonperformance of duty- mere agreement consummate the crime.

Sexual favor-is considered service

Robbery versus direct bribery-
Direct bribery versus dereliction of officer
Indirect bribery- by reason of his office without any condition

Qualified bribery- officer must have power to arrest and prosecuting a criminal

Corruption of public officer- offer bribe to the public officer

Fraud against the public treasury and similar offense

Malversation of public funds. – reckless imprudence through falsification

Accountable officer- officer who in charge of accounting property or money of the government.

Money or property- which are owned by the government or any property in the control of the
government.
Demand is not necessary- it only create prima facie evidence.

Technical malversation.

Crimes against public interest

1. Commercial document is necessary
Falsification of public officer, employee or notary or ecclesiastical minister. - have extra-territorial
application on official acts in relation office.
Police officer are public document, cedula.
Affidavits are not document but mere declaration of the deponent.
Public document must be official record.
Those who present forged document to the notary public will be liable to falsification of notary
document, but he did not present he is only liable private document
Document-must prejudice a third person
No complex crime of estafa through falsification of private document- because similar element.
Usurpation of authority or official function-
Misrepresent as lawyer- estafa, usurpation official function.
Use fictitious name and concealing name- conceal of a crime or its execution.

Perjury-willful and deliberate.

Crime of perjury committed at the time of taking oath of the document-
Under oath neither civil or criminal- the venue where oath was taken or where submission mas given.
Subornation of perjury.

Incriminating innocent persons-it does not consider perjury or imputing crime through perjury. There
must physical act.

Kidnapping and serious illegal detention-restriction and deprivation is primary motive. Any crime thereof
shall be special complex crime.
Kidnapping with rape- no matter how many rape- it will be only one kidnapping with rape.
Unlawful arrest-no reasonable ground
Abandonment of person in danger-
Lack prohibition or prohibition-
Absolutory causes.1. prevent serious to himself, service humanity to humanity service, public house.
Grave threats- to attain purpose- any wrong amounting a crime with condition.

Light threat-may attain or not attain purpose-threats does not amount to a crime.
Other threats-threatening another with a weapon or drawing a weapon quarrel, oral threat.

Grave coercion- compelling a person through threats to do thing not prohibited by law or doing
something again his will even if it is right or wrong.

Light coercion-creditor seize belonging to debtor for payment indebtedness.

Light coercion-unjust vexation- putting the law on his own hand even there contractual
Right accorded to contract there is no grave coercion.

Rebellion and coup d’eta

Rebellion absorbs every crime.
Sedition is not a continuing crime does not absorb a crime.
Disciplinary of AFP are sui generis under article of war is sui generis not absorbed by the crime of
rebellion.
Rebellion always consummated.
Direct assault- there is no public uprising
Indirect- must be in aid for the person in authority or his agent
Resistance and serious disobedience-
Tumults and other disturbance of public-
Unlawful use of public publication and unlawful utterance-fake new-interest of state.
Alarm and scandal
Arbitrary detention
Article 125 is not applicable in private person
Rebellion is continuing offense and can be arrested without a warrant.
Article 125-delay delivery
Article 126-delay of release
Expulsion-lukban versus villavecincio
Violation of domicle
Torture-independent crime
Two witness rule same over act- based only levying war to the Philippines
Ignominy and cruelty is inherent in treason.
Espionage-in time in peace or war
Inciting to war giving motives for reprisal- mala prohibita.
Violation of neutrality- mala prohibita
Correspondence to hostile country- mala prohibita
Flight to enemy country-
Piracy under rpc- robbery in high seas
Piracy in territorial seas and mutiny is governed in special penal law.
Crimes against honor-
Libel-malice is presumed
Except
1.Fair and true report
2.Private communication

Concubinage
1.kept mistress in conjugal dwelling
2.scandalous circumstances
3. cohabiting with her in any other place
Not in case above can be liable to 9262.

Jurisprudence
Asian development bank- diplomatic immunities
Crime in regime of islands-
24 nautical miles- contiguous zone- custom, fiscal, sanitary and immigration law.
Psychological violence and emotional abuse- is a continuing crime-AAA v BBB

Physical violence is not continuing crime except if resulted to psychological and emotional violence
under 5i of RA 9262.

BP22 is transitory crime- where the check is issued, drawn, deposited and dishonored.

Cabral versus bracamonte- estafa through postdating check is transitory crime.

Quasi-offense not mere modality in the commission of a crime- ivler versus modesto

Sevilla versus people- reckless imprudence resulting to falsification of public document.

Aggravating circumstance even not in the information can be proven to show civil liability.
Death pending cases or appeal will extinguish criminal and civil liabilities except in case of bp 22.

Lascivious conduct punished under RA 7610 is malum prohibitum.

Physical abuse of child which Debase, degrade or demean intrinsic worth children- is mala inse

Act lasciviousness in ra 7610 is mala prohibita

People versus tulagan-child 12-18-consent is defense in sexual act.

Mistake of fact -no opportunity to inquire and circumstances state to act immediately.

Immediate sense of danger- not mere shock.

Proximate cause- the injury must the proximate cause of the tetanus infection.

14 days after can be efficient supervening cause that the tetanus infection to make the injury is not the
proximate cause.

Patulot versus people- aberration ictus-mistake blow.

Attempted homicide-
Failure present medical certificate that it is mortal- can be proven as attempted homicide.

Attempted rape-commence the act of inserting his sexual organ

Touching vagina without intent to penetrate is considered as an act lasciviousness-

Consummated theft- from mere possession with intent to gain.

Delima versus Guerrero- conspiracy does necessary means to act to all criminal acts as long they similar
criminal purpose.

Rubbery by band-presumption by mere presence.

Imminent attack not mere hypothetical danger.

Retaliation is not self-defense.

Continuing unlawful aggression.

Kicking to friends is not unlawful aggression.

People versus Narvaez- as rule violence cannot be used to defend property rights.

Baxinela versus people fulfillment of duty.

Diversion program
a. Imposable penalty not more than 6 year by dswd
 b. Victimless crime not more than 6 years dswd
c. More than 6 year must be supervised by court.

People versus lababo- suspension of sentence will be applicable even if the proprietor already of aged
given that he committed it in his minority.

Feeling remorse is not deprived of intelligence.

Test of cognition- complete deprivation of intelligence in committing the criminal act

Test of volition- whether there was total deprivation of freedom of the will.

Voluntary surrender
Must be voluntary and spontaneous.

Restitution constitutes voluntary surrender.

Evident premeditation will not apply in error of personae or aberattio ictus.

Abuse of superior strength-manuel corpus versus people

Treachery-
1.methods means affording the person attacked no opportunity for self defense
2.deliberately or consciously adopted.

Sudden attack or heat of moment cannot constitute treachery.

2nd spouse to bigamy-knowingly married a married man is considered as an accomplice to such crime.

Accessory- to conceal to prevent discoveries- here case already information hence they are not liable for
accessory but violate obstruction of justice.

Complex crime-must be singular act

Composite crime-special complex crime for combination of the offense is not specified but generalized
grave or less grave- one act constitute two offenses. The penalty of most serious crime will be imposed.
Light felonies will another information.

Robbery with homicide- in occasion of robbery.

Anti-fencing- crime of moral turpitude

RA 9262- dating or sexual relationship

Include past and present relationship-not time bound.

Dating relationship- is a legal term.

Denial for support is a continuing offense.

Conspiracy can be applied in RA 9262.

Novation is not a defense in bp 22, however, it can be used as defense in estafa.