Criminal Law Reviewer

Transcription

PRINCIPLES OF CRIMINAL LAW

1. Prospectivity (non retroactive)

- they cannot be given retrospectively wherein make an act
punishable where no law punishes it during its commission
- exception: favorable to the accused

What is an ex post facto law?

- a law which makes an act done before the passage of the law and
which was innocent when done, and punishes the act
- aggravates the act or changes a higher penalty

2. Generality
- binding upon all persons who live or sojourn (temporary stay) the
Ph territory
- except those covered by treaties and public international law

Ex.
Two Indonesian nationals, one killed the other in a Malaysian
registered commercial passenger vessel who just left the port of
Manila. Such killing is triable in the Philippines courts.

Under the Generality Principle, penal laws shall be obligatory

upon all who live or sojourn in the Philippines.

Under the English Rule, crimes committed aboard a vessel within

the territorial waters of a country are triable in the courts of such a
country except crimes which merely affect internal management.

Felonies
- any act or omission punished under RPC
- intentional (dolo/deceit) or fault/negligence (culpa)

Proximate Cause and Efficient Intervening Cause

Example:

X stabbed Y to which the latter managed to run away but before

could reach home, was struck by lightning and died.

a. X liable for frustrated homicide only because the stabbing is

not the direct proximate cause of the death of Y
b. The lightning was an efficient intervening cause.
 c. The cause of the cause is the cause of the evil caused
Self-Defense

Example:

Z, the cousin of Y, is being stabbed in the market. X husband of Y

hit the man stabbing Z which caused the man’s death.

a. X cannot invoke defense of a relative because defense of relative

only includes relative by affinity within the same degree including
ascendants, descendants, brother, or sister of the spouse. Z is a
cousin of Y, the spouse of X.
b. X can however invoke the justifying circumstance of defense of a
stranger.

Elements:

a. Unlawful aggression on the part of the victim

(actual, sudden, unexpected imminent danger not mere threat)
b. Reasonable necessity of the means employed to prevent or
repel such aggression

c. Lack of sufficient provocation on the part of the person

resorting to self-defense
 Intentional (dolo) Fault/Culpable (culpa)

- there must be malice and - malice and intent is not

intent essential
- these are valid defenses - punished is lack of foresight or
skill

- there must be:

- Freedom
- Intelligence
- Intent

Mala in Se Mala Prohibita

- involved acts inherently wrong - wrong because a law which

prohibits its commission

- intent governs - intent is not essential

- violation of a law

- lack of intent and GF are valid - lack of intent to perpetrate the

defenses act is a defense
- freely and cautiously performed
the act

Motive Intent

- moving power which impels one - general or specific

in action for a definite result
- it must be proved in intentional
- lack of motive is not a defense felonies
and need not be proved

Mistake of Fact Mistake of Law

- misapprehension of facts in the

part of accused

- element of criminal intent is

absent which is an element of
voluntariness

a. act would have been lawful

should the fact be correct
b. intention of the actor is lawful
c. mistake was attended without
fault or carelessness
Criminal Liability
Art. 4

How incurred?

1. any person committing a felony though wrongful act is different from

what is intended

Aberratio Ictus Error in Personae Praeter Intentionem

Par. 1

- mistake in the blow - mistake in the - offender performing

identity intentional felony
- punished in RPC

- to be liable one must - to be liable one must - to be liable injury

have the intent to hit have the intent to caused be the direct
someone cause injury to a logical consequence
- there is imprecision in person
the blow - due to mistake if - the intentional felony
- another person was identity, hit another is the proximate
hit instead person not his cause of the injury
intended victim even if it is not
intended

- note: killing oneself

is not a felony, hence
if the bullet hit another
person, this par. is not
applicable

- Ben kissed Rose

against her will with
lude designs, prior to
that Ben underwent
covid test to which he
is positive. 5 days
later Rose died from
Covid
complications. Is
Ben liable for
homicide? YES.
committed intentional
felony and it is
proximate cause of
injury
 2. Impossible Crimes

- inherent impossibility of its accomplishment

- on account of the employment of inadequate or ineffectual means
- crime against persons or property
- with criminal intent but no crime is committed

Examples:

a. A company treasurer who deposited a check intended for the

company, and such instrument subsequently bounced due to
insufficient funds, is guilty for the impossible crime of qualified
theft.
b. An abused domestic servant who fired shots at his employer when
such employer is already dead from severe stroke hours ago is
guilty for the impossible crime of murder.

Stages of Execution of a Felony

Attempted Frustrated Consummated

- offender - performed all acts - all elements are

commences of execution but present
commission of did not produce
felony directly by consequence
overt acts - due to causes
- did not perform all independent of
acts of execution will of the actor
to produce felony
- caused by
spontaneous
desistance

Continuing Crimes
“delicto continuado”

- a single crime consisting of series of acts but all arising from one
criminal resolution
- only one crime is committed from series of acts on the same place
at the same time
- venue shall be the place where the offense was committed OR where any
of the essential elements accrued

Complex Crimes
 - commission of at least two grave or less grave felonies from a single act
- either of the two must be a necessary means to commit the other

Compound Crimes
- a single act is performed by the offender
- the acts produced one or more grave and one or more less grave felonies
- or 2 or more less grave felonies

Special Complex Crimes

- 2 or more crimes that the law treats as a single and indivisible offense
- product of a single criminal intent
- there is only a single penalty for the 2 or more component offenses

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

Justifying Exempting Mitigating Aggravating

Art. 11
- negate the
unlawfulness of
the act

- does not incur - no criminal - there is - there is

criminal and liability criminal criminal
civil liability liability liability
however
mitigated

- accused has - accused has - accused has - prosecution has

burden of proof burden of proof burden of proof burden of proof

Justifying Circumstance

1. Defense
a. unlawful aggression - comes from offending-victim party; must be
continuing; there must be physical attack
b. reasonable necessity of the means employed to prevent it
c. self defense - lack of sufficient provocation on the part of person
defending himself; so zero provocation is not needed
relative - person making the defense has no part in the attack
stranger - person defending must not be induced by revenge or
resentment

Note: a husband who defends his honor is exercising a lawful

aggression hence the first requisite is not attendant. the paramour
cannot invoke self defense
 - In defense of property rights, the unlawful aggression is
directed towards the property rights and not the person of
above mentioned third requisites.

2. State of Necessity
a. evil sought to be avoided actually exists
b. injury feared is greater than that done to void it
c. no other practical and less harmful means to prevent it

-there is civil liability even acquitted in the form of damages

- those who benefited by the acts of the accused in
proportion to what they may have derived or suffered
Exempting Circumstances

1. Imbecility/Insanity
a. defendant’s insanity constitutes complete deprivation of reason,
intelligence, and discernment
b. such insanity existed at the time of, or immediately preceding, the
commission of the crime

2. Minor RA 9344
a. children 15 years and below are exempted absolutely
b. over 15 but below 18 acted without discernment, exempted
c. over 15 but below 18 acted with discernment, mitigating minority
- except: with discernment or not exempt, prostitution,
robbery, mendicancy
3. Accident
a. accused performing a lawful act
b. with due care
c. causes injury to another by accident
d. without fault or intention

4. Compulsion of Irresistible Force

- violence is used to induce a person to commit an act against his
will
- accused-victim has no opportunity to defend himself
- violence must be real, actual, and immediate

5. Uncontrollable Fear
- involves threats and intimidation to commit a crime
- it must be real and actual and immediate
- not be speculative and remote
- not applicable if victim has the opportunity to escape, equal
combat, or prevent the threat (self defense)
 6. Lawful Cause
- when an authority orders a person to perform an act which the
latter fails to do due to some lawful cause

Mitigating Circumstances

1. Ordinary/Generic

- may be offset of any generic aggravating circumstance

- penalty at its minimum period, if only one element of justifying is
proved
- no intention of causing so grave a wrong as that committed
2. Privileged

- not susceptible of being offset of any aggravating circumstance

- penalty which is one or two degrees lower
- if the accused may prove a majority of the requisites of a
circumstance

3. Special

- not susceptible of being offset of any aggravating

- abandonment without justification of a husband in an adulterous
marriage (woman is the offender)
- concealment of dishonor to a crime of parricide, intentional
abortion

a. Threat/Provocation

- threat must come from offended, sufficient, immediately preceded

the act

- A tells B “I will kill you”. Upon hearing, B shot A, died. Is B guilty of

Homicide? YES. Entitled to mitigating of sufficient threat

- A shouted at B “bobo!”, B shot A, killed. Is B guilty of homicide?

YES, entitled to mitigating sufficient provocation which immediately
preceded the act.

- A pulled out a gun and shouted at B “I will kill you”. B shot

A, killed. May B liable for homicide and use mitigating
circumstance of sufficient provocation? NO. But may be
acquitted for self defense because there is unlawful
 aggression. The threat is coupled with an act to make good
the threat.

b. Confession of Guilt

- it must be made in open court who has jurisdiction over the case
- confession must be voluntary
- made prior to the presentation of evidence of prosecution
- confession to the crime charged in the Information

- For confession of guilt, it must be on the crime charged in the

information.

Mr. A charged with Homicide. During arraignment plead guilty to the

lower offense of reckless imprudence resulting in homicide. In
sentencing Mr. A, may the judge appreciate mitigating
circumstances of confession of guilt? NO, the confession must be
made in open court, voluntary, prior to presentation of evidence of
prosecution, AND must confess guilt to the crime charged in
the Information, in this case Homicide.

- Return of embezzled money (restitution, refund, reimbursement) in a

corruption case, is similar or analogous to confession of guilt.

c. Voluntary Surrender

- no arrest have made

- accused acknowledged guilt or to save government efforts in his
capture
- made before a person in authority or his agent

- To be appreciated as a mitigating circumstance, the accused must

have surrendered before the corresponding Information is filed
in court or before an arrest warrant is issued.

Examples:

X saw his son being attacked by Y, killing Y. Went home with his
son. Police went to the house of X which the latter voluntarily went
with them to the police station.

a. X is entitled to the mitigating circumstance of

voluntary surrender. There is a spontaneous showing the
intent of the accused to submit himself unconditionally to the
authorities.
 Spouses H&W separated. H contracted marriage with another
woman despite subsistence of marriage with W. W instituted
criminal action against H. Information was filed with the court at
10am and an order of arrest was issued. At 1pm, H went to the
court and surrendered. In arraignment, pleaded guilty to the crime
of Bigamy and convicted. In sentencing H, the court imposed a
maximum penalty which does not exceed 6 years. Why? Mitigating
circumstances of confession and voluntary surrender. Will the
appreciation of voluntary surrender proper?

a. YES. The requirement of prior filing of information and order

of arrest must be applied on a case to case basis, here only
after a few hours surrendered.

Aggravating Circumstances

1. Generic
- those that can generally apply to all crimes
- increase imposable penalty to maximum period except offset with
mitigating

2. Specific
- apply only to particular cases of crimes
- same effect to penalty

3. Qualifying
- those that change the nature of the crime and do not merely affect
penalty imposed
- gives the crime a special and own name
- when attendant the act is punishable under a different provision of
law
- no offsetting

4. Inherent
- those that must necessarily accompany the commission of the
crime
- treated as essential element of the offense to which they form part

5. Special
- arise from special conditions
- increase penalty and no offsetting
Treachery

- sudden, swift and unexpected attack

- no chance to defend himself including threat/provocation
- applicable only to crimes against persons
- regardless from behind or front the attack may come

Example:

Spouses X and Y lived in an apartment adjacent to Z. Y and Z seem to

have an illicit relationship. Later in the night, X resolved to kill Z, took a
knife, entered the unit of Z through an unlocked window, and while
sleeping stabbed Z, killing the latter.

a. Evident Premeditation cannot be considered because X resolved to

kill Z later that night, no sufficient lapse of time between
determination and execution to allow conscience to overcome the
will.

b. Treachery may be appreciated since X stabbed Z while he is asleep.

The means to insure execution of the acts without risk on X.

c. Nighttime cannot be appreciated because there is no showing that X

availed of nighttime to ensure the successful execution of his act.

d. Unlawful Entry may be appreciated since X entered the unit through

a window which is not the proper place for entry to the house.

Persons Criminally Liable

1. Principals

- participated in the commission of the crime

- a conspirator

a. Direct Participation (even those served as look-outs)

- one who takes direct part in the execution of acts of crime
b. Inducement (like prize or reward as reason to commit)
- one who directly forces others to commit a crime
c. Indispensable Cooperation
- one who performs an act to accomplish the crime
2. Accomplices
 - there be a community of design that is knowing the criminal
design of the principal by direct participation
- he cooperates in the execution by previous or simultaneous acts to
efficiently execute the crime
- knows the criminal intent after principals have decided to commit
- giving knife to the accused principal

3. Accessory

- knows the crime, no participation either as principal or

accomplice, take part subsequent to commission of the act
- share in the ransom in crime of kidnapping, profit by the effects
- assists in the escape of principal
- NOT APPLICABLE if escaping is an accomplice
- no accessories in light felonies since accessory are punished 2
degrees lower
- concealing the body of the crime
- not applicable in robbery and theft, only liable on anti fencing law
- no need for final judgment conviction of persons where he
got the stolen item

Example:

A, B, and C are drinking and having a good time when they saw D
with his ex-girlfriend X. A declared in a loud voice that if he cannot have X,
no one can. A before going to the CR told B and C to take care of D. B and
C asked what he meant but A only said “Alam niyo na yun”.
B and C proceeded to kill D and hurt X.
What are the liabilities of the parties?

a. B and C are liable as principal by direct participation since they

were the ones who carried out their plan to attack D.

b. A cannot be held criminally liable as a principal by inducement

because his words are not so powerful to amount to coercion .
Moreover, there is no evidence showing that A has influence on B
and C.

c. B and C are liable as principals by direct participation for the crime

of physical injuries to X.

d. A having no participation in the attack upon X, does not incur

criminal liability

Conspiracy
 - exists when 2 or more persons come to an agreement concerning the
commission of a felony and decide to commit it (execution).
- punishable only if there is a law punishing it
- active participation in the commission of the crime
Wheel Conspiracy - a single group (“hub”) dealing individually with 2 or
more persons or groups (“spokes”).

- Hub dealing with Spokes to commit a crime

- Multiple conspiracies occur when each spoke is not concerned with
success of the other spokes
- Single conspiracy is spokes share a common purpose to succeed

Chain Conspiracy - exists when there is successive communication and

cooperation is much the same way as legitimate business operation.

Implied Conspiracy - two or more persons are shown to have aimed by

their acts towards the accomplishment of the same unlawful object, each
doing independent acts which are connected and cooperative

Recidivism Habituality Quasi Habitual

Recidivism Delinquent
offender is convicted previous and not necessary that offender is found
for crimes in the same subsequent offenses crimes are under same guilty 3rd time within
title of RPC must not be in the title of RPC 10 yrs from his last
same title of RPC conviction or release
(estafa, robbery, theft,
PI, falsification)

service of sentence not offender served his commits a felony after guilty of any of the
needed, only final sentence for the first conviction by final previous convicted
judgment is enough offense judgment for another crime 3rd time or more
crime before or while
serving the sentence
of first

can offset cannot be offset additional penalty

PENALTIES

3-fold Rule

- the maximum duration of the convict’s sentence shall NOT BE more than
threefold length of time corresponding the most severe of the penalties
imposed upon him

- Should not exceed 3x of the most severe penalty

(three fold rule)
 - Absolute?
- NO. Must not exceed 40 years

Subsidiary Imprisonment

- it is a principal penalty which must be expressly provided in the

judgment
- when a person is convicted for a fine and cannot pay, the amount of fine
divided by highest minimum wage, shall be number of days in jail
- not applicable if sentence is penalty of prision mayor or higher
plus fine, for non-payment of fine

- this may be applied suppletory to violation of special penal laws (BP 22)

- not applicable for non-payment of civil liability (amount of the

check) constitutional prohibition on non-payment of debt
- not applicable, Art. 78. the subsidiary imprisonment must be
expressly provided in the dispositive portion of judgment

In Ordinary Complex Crimes

- an offense is essential in committing another crime
- offender may only suffer one penalty which corresponds to the more
serious offense in its maximum period

In Special Complex Crimes

- specifically named and punished by law RPC
- still 2 acts
- offender may only suffer the penalty imposed by law to the specific
complex crime

In Continuing Offenses
- several crimes but penalty is singular
- robbery of various personal things of A, not charged per account on each
thing
- penalty based on aggregate value of stolen
- singular impulse of criminal act

In Compound Crimes
- only grave and less grave may be complexed
- if committed a complex as above and a light felony
- charge 2 penalties

SERVICE OF SENTENCE
Multiple Sentences

- simultaneously if their nature so permit

- OR successively (like deprivation of liberty) from most severe/longer, add
- Is this absolute?

- NO. Should not exceed 3x of the most severe penalty

(three fold rule)
- Absolute?
- NO. Must not exceed 40 years

Probation Law

- serve sentence outside detention facility (whether fine or imprisonment)

- in fine, it is on the application of subsidiary imprisonment
- not a sentence but a suspension of its imposition
- not a final judgment but an interlocutory one
- once availed, cannot file (waived) appeal upon motion to withdraw
probation.
- probation and appeal are mutually exclusive remedies

- In probation you accept your guilt as judged correctly, while in

appealing you are maintaining your innocence and the judgment is
wrong.
- threshold is 6 years

Limitations:

- penalty is more than 6 years

- convicted of a previous crime sentenced more than 6 months and 1
day OR a fine of 1,000 pesos
- when offender has availed of probation previously

Summary of rules:

G.R. - when an application for probation has been applied, it constitutes a

waiver to the right of appeal

Exception:

- if judgment of trial court is non-probationary sentence and on

appeal the decision of appellate court modified judgment to a
probationary penalty, then accused may file an application for
probation
 Another Exception:

- if reglementary period lapsed and judgment reached finality on

some of the co-accused and a co-accused maintained an appeal
and subsequently obtained a favorable judgment which modified a
non-probationable penalty to probationable penalty, the other co-
accused may also file for probation based on:
- When several defendants are convicted and some appealed and
some did not, those who did not appeal may avail probation
based on a modified judgment of a co-accused that is
beneficial to them.

Indeterminate Sentence Law (ISLaw)

RA 4103

- Applicable in cases where:

a. Penalty imposed is more than 1 year

Penalty to be applied:

b. Minimum penalty which is not lower than the penalty next lower
in degree
c. Maximum not higher than the maximum penalty in cases of felony

- Who is not entitled?

a. those convicted by life imprisonment or death

b. RP, D, and LI is synonymous under ISLaw
c. if maximum penalty for the crime does not exceed 1 year

- so the straight penalty is VALID (ex. 6 months only)

- Lui v. People
- a person who should be sentenced under ISLaw, conviction must
be specified as to its minimum and maximum period within the
range of the period of the penalty, mandatory.
- except if penalty does not exceed 1 year
 - for violation special penal laws

Example

Violation of the RPC

A convicted Homicide, 2 generic mitigating and 1 generic aggravating

Rule:

1. 1 mitigating lowers the penalty by one degree

2. 2 mitigating lowers the penalty is the one next lower to the
imposable penalty
3. An aggravating can be offset with 1 mitigating

a. The remaining 1 mitigating circumstance (lower period by one

degree) will have an effect of imposition of the minimum period of
the penalty of the crime at its maximum which shall be considered
its maximum period.

b. The minimum penalty is the maximum of the one next lower of the
penalty after applying mitigating.

NOTE: If there are no attending circumstances, under RPC, if the penalty

imposable has 3 periods, to determine the maximum penalty, apply in
its MEDIUM only.

In answering the bar:

- An indeterminate sentence:

- the maximum term of which is to be taken from within the

range of <imposable penalty> in its medium period
(depending on circumstances) and;

- minimum term of which is to be taken from within the range

of <imposable penalty> in its full extent.
 Violation of Special Law

A is convicted for violation of Anti-Photo and Video Voyeurism Act

punishable by imprisonment of not less than 3 years but not more than 7
years

- An indeterminate sentence of:

- maximum <within range of maximum penalty for that

law here within 7 years>

- minimum <within range of minimum penalty for that

law here not below 3 years>

MODES OF EXTINGUISHING CRIMINAL LIABILITY (RA 10592)

1. Death of an Accused

a. before finality
- criminal extinguished
- civil liabilities are extinguished
- except from other sources of obligation other than
delict. (People v. Bayotas) file a separate civil action
(contract, law, contract, quasi-delict, quasi-contract)
b. after finality
- only his criminal liability, civil liability is not affected
c. pending appeal
- only criminal liability extinguished
- extinguished civil liability only those based on offense
committed

2. Absolute and Conditional Pardon

- rest solely with the President

- granted only after conviction by final judgment
- not applicable in impeachment
 - not applicable in election cases

Pardon Amnesty

any crime and exercised individually blanket pardon to classes of persons

by the President or communities who may be guilty of
political offenses ONLY

only after conviction by a final before or after trial or investigation is

judgment had

civil liability not extinguished civil liability not extinguished

private act of the President courts may take judicial notice

Art. 36 political and civil rights are

generally not restored EXCEPT
specifically provided in the terms of
the pardon

3. Prescription

Prescription of Crimes Prescription of Penalty

State loses its right to prosecute an State loses its right to execute a final
offense after lapse of time sentence after a lapse of time

In special penal laws

- lapse of time is that as provided in that special penal law

When will the prescription run on crimes punishable under RPC?

a. from date of the commission of the crime by the offended party or

authorities / law enforcers
b. interrupted upon the filing of a complaint with the prosecutor’s office for
inquest or preliminary investigation
- except: filing of Information in court for violations of City
Ordinances under Rules of Summary Procedure since preliminary
investigations are not required
 - voluntary surrendered
- flees to countries without extradition treaties

Special Time Allowance

In relation to Art. 158 of RPC

- if a person is convicted by a final judgment and evaded the sentence

while serving it, shall be liable for evasion of sentence Art. 157
- not applicable to detention prisoners (no final judgment), because
presumed innocent but must be interpreted as an interpretation of guilt.

For Loyalty
- if a convict serving his sentence and there was a public disorder
a. flees, but must return within 48 hours after proclamation of
the President that the disorder ceases
i. if returned - reduce by ⅕ of the original sentence
ii. if not returned - increase by ⅕ or not more than 6
months
iii. if did not leave - reduce by ⅖ from original sentence

Parole
- suspension of the sentence of a convict after serving minimum term of
indeterminate penalty
- granted by the SOJ
- revocable if conditions and terms are violated
Civil Liability in Criminal Cases

What is the effect of the death of the accused pending appeal on his
criminal and civil liability?

General Rule:
- Death pending appeal of his conviction EXTINGUISHES his
criminal liability as well as civil liability based solely on the
offense committed

Except:
- Claim for civil liability survives the death of the accused if:

a. civil liability may also be predicated on as source of

obligation other than delict such as contracts and
quasi contracts
CRIMES UNDER THE REVISED PENAL CODE
BOOK II

Crimes Against National Security

1. Treason

a. Offender must be a Filipino or alien residing in Philippines

b. There is a war in which the Philippines is involved
c. Offender:
i. Levies war against government
ii. Adheres to the enemies, giving them aid and comfort

- there must be at least 2 witnesses to testify to the overt acts

Note: If the war waged by the offender is not of the nature of an

international armed conflict, then there is no crime of Treason.

2. Rebellion

a. Public uprising
b. Taking arms against the government
c. For the purpose of:
i. removing from allegiance to the government
ii. depriving the Chief Executive or Congress of any of their
powers

Crimes Against Property

1. Robbery

a. intent to gain
b. unlawful taking
c. personal property belonging to another
d. violence against or intimidation of any person or force upon
anything
 - if no violence used but only forced to enter or break for entry
- if there is violence, the value of the personal property taken is
immaterial

Robbery with Homicide

- the intent to rob must precede the taking of human life

- the killing is merely incidental to the robbery
- establish intent to take and not killing
- immaterial if one of the robbers is killed, still with homicide

Robbery with Rape

- it is enough that the robbery is accompanied by rape

- “accompanied by” means the robbers must have
committed such crimes
- the injury must be inflicted by the offender which means
the physical injury must be committed by the SAME
PERSON guilty of robbery (people v. casabuena)
- if the taking is without intent to gain (mere for souvenir) then the
crime are rape and unjust vexation
- accounts of rape are absorbed by one composite crime of robbery
with rape

Robbery with Physical Injuries, committed in an uninhabited place and

by a band, or the use of a firearm on a street, road or alley.

- does not apply in robbery with homicide, absorbed

- does not apply in roberry with rape, mutilation, arson, absorbed

Robbery by a Band

- 4 armed malefactors
- take commission on the crime of robbery
- any member present shall be liable as principals except if shown a
member attempted to prevent the same
- if the firearm used is unlicensed, he shall also be liable to RA
10591

2. Theft
a. taking of personal property
b. property belongs to another
c. intent to gain
- immaterial if there is actual gain
 d. taking without consent of the owner
e. accomplished without use of violence

Theft of a loss property

- finder in law is not the actual finder but if he fails to deliver the
lost thing to the authority, he shall be liable for theft

3. Qualified Theft
- value must be determined during trial
a. same from above plus, abuse of confidence or the property was
taken under certain circumstances that attended the crime
i. domestic servant
ii. theft while there is fire, earthquake, typhoon, volcano, or any
other calamity or civil disturbance

4. Estafa
a. defraud of another by abuse of confidence or deceit/fraud
b. damage capable of pecuniary estimation is cause to the offended
party or 3rd person

By abuse of confidence
1. by misappropriating the thing received
2. by converting the things received
3. by denying that the thing was received

By means of deceit
1. fraudulent representation as to the offender’s power
2. such fraudulent representation was made prior to or simultaneous
to commission of fraud
3. offended relied on such representation and induced to part with
money or property
4. offended party injures damage

By postdating a check
1. offender postdated a check or issued a check for payment
2. done when offender has no funds in the bank or insufficient to
cover the amount of the check
3. obligation must be contracted at the time of issuance and delivery
of the check and not pre-existing.

BP 22 Bouncing Checks

- notice of demand and dishonor in indispensable

- if the maker/drawer coordinates with drawee bank to make good the
value of the check within 5 days from NOD, no liability
 - corporate officers who issue a worthless check may be personally liable
for violating a penal statute; personal act and not a corporate act

5. Arson
a. destruction of property
b. by means of fire

Crimes Against Persons

1. Parricide
a. a person is killed by the accused
b. the person killed is the father, mother or child whether legitimate
or illegitimate, direct blood relationship except wife, of the accused

2. Murder
a. unlawful killing of a person
b. accused killed the person
c. killing is attended by any qualifying circumstances mentioned in
Art. 14
d. the killing is not parricide or infanticide

- Treachery is the sudden and unexpected (different from sudden

decision which will only constitute Homicide. Helplessness is only
incidental) attack on an unsuspecting victim without the slightest
provocation on his part. When an adult attacks a child, treachery
exists.

Qualifying Aggravating Circumstances

a. treachery, superior strength, aid of armed men
- killing of a minor/child (more than 3 days old) = treachery
b. price reward or promise
c. inundation, poising, fire, explosion, means of motor vehicles
d. on occasion of calamities, taken advantage of the epidemic
e. with evident premeditation
- time
- acts
- sufficient lapse of time from plan and execution
f. with cruelty and inhumane suffering of the victim

3. Homicide

a. person is killed
 b. accused killed
c. killing is not attended by any of the qualifying circumstances of
murder, parricide, or infanticide

Tumultuous Affray

a. several persons
b. did not group for purpose of attacking each other
c. they quarreled and assaulted one another in a tumultuous manner
d. someone is killed in the affray
e. cannot determine who killed
f. or cannot determine who inflicted physical injuries

Who is liable?
- those who inflicted
- if not determined, all persons who used violence upon the
victim but with lesser liability

4. Discharge of Firearms
a. offender discharges a firearm against another person
b. offender has no intention to kill

5. Rape

by Sexual Intercourse
a. that the offender is a man
b. that the offender had carnal knowledge of a woman
c. that such act is accomplished by using force or intimidation

by Sexual Assault
a. the offender commits an act of sexual assault
b. the act is committed by inserting his penis into another person’s
mouth or anal orrifice
c. inserting any instrument into the genital or anal orrifice of another
d. assault is accomplished by using force or intimidation

with Homicide
a. same first two requisites
b. by reason of such carnal knowledge by force or intimidation, the
accused killed the woman

Qualified Rape
a. sexual congress with a woman
b. done force threat intimidation
c. victim us under 18
 d. offender is parent, ascendant, guardian, relative within 3rd
civil degree

Crimes Against Public Interest

1. Falsification by public officer, employee or notary

a. offender is a public officer, employee, or notary public

b. he takes advantage of official position
- he had duty to make/prepare such document
- he had official custody of the document
c. he falsifies a document by committing any acts of falsification
- affidavit is not a document, the crime is perjury
- deed, instrument, or duly authorized paper

Crimes Committed by Public Officers

1. Malversation of Public Funds

- if the officer is in charge of the money or property by reason of his

office, then he is guilty for malversation whether he personally
misappropriated it or not

- money/property need not be owned by the government.

sufficient that it is impressed with public interest such as
coco levy fund

- if the officer is not in charge, then he is liable for estafa

- Regardless if the misappropriation is for another good cause,
the act is punishable, intent is immaterial.

Crimes Committed Against Personal Liberty and Security

1. Kidnapping and serious illegal detention

a. offender is a private individual

- if public officer with duty to detain, arbitrary detention
b. he kidnaps or detains another
c. act of detention is illegal
d. circumstances:
i. more than 3 days
ii. committed by simulating a public authority
iii. inflicted serious physical injuries
iv. minor, female, or public officer
 v. kidnapping for ransom

Note: if attended with killing, then Kidnapping with Murder and if taking
of person for purpose of killing, then Murder.

QUASI-OFFENSES

1. Reckless Imprudence

a. offender does or fails to do an act

b. by so is voluntary
c. without malice
d. material damage as a result
e. inexcusable precaution on the part of the offender taking into
consideration:
i. his occupation
ii. degree of intelligence
iii. physical condition
iv. other circumstances as to time and place

SPECIAL PENAL LAWS

1. Anti-Child Pornography Act

- The crime committed is classified as mala in se, or an act which is

inherently immoral.
- Criminal intent should be proven beyond reasonable doubt

1. Comprehensive Dangerous Drugs Act

a. Illegal Possession of Dangerous Drugs

i. accused in possession of a prohibited drug
ii. such possession was not authorized by law
iii. the accused knowing, freely, intentionally and
consciously possessed the said drugs in his person

Chain of Custody
1. Seizure and marking by the apprehending officer of the evidence
2. Turnover of the drug by the apprehending officer to the
investigating officer
3. Investigating officer turnover the thing to forensics for examination
4. Turnover of drug by forensics to the Court
(Luna v. People)
JABC
 - mala in se intent is necessary while mala prohibita intent is not
important the former good faith is a defense while the latter it is
not
- in mala prohibita the intent to perpetuate the act is essential

b. Illegal Sale of Dangerous Drugs

i. identity of the buyer, seller, object, and consideration
ii. delivery of the thing sold

Chain of Custody Rule

- there must be 2 witnesses during arrest of immediately
thereafter
- elected public official AND
- representative of National Prosecution Service OR
- media who shall sign the inventory
- also requires inventory of seized drugs must immediately
conducted after arrest in the presence of witnesses
- strict adherence is required in order to preserve the integrity
and evidentiary value of the seized drugs

(People v. Tomawis)
JABC
- immediately after seizure means photographic inventory of the
seized drugs to be made immediately after or at the place of
apprehension
- except: sooner as it reaches nearest police station

c. Illegal Use of Dangerous Drugs

i. offender is apprehended or arrested
- refers to arrest for drug related offense
ii. offender is subjected to drug test
iii. offender tests positive for use of drugs after a confirmatory
test
(Dela Cruz v. People, 2014)
Sereno

- involuntary collection of urine sample for drug testing in an

apprehension for an offense which is not drug related is a violation
of constitutional right to self-incrimination and right to privacy

2. Anti-Graft and Corrupt Practices Act

- Committed in 3 ways:
-
1. Through manifest partiality (signs of notorious planning)
 2. Evident bad faith (deliberate intent to do wrong)
3. Gross inexcusable negligence

a. accused must be a public officer

b. acted with manifest partiality, evident bad faith, or gross
inexcusable negligence
c. his action gave any private person unwarranted benefits,
advantage, or preference in the discharge of his functions

- failure to conduct public bidding in the purchase of goods does not

automatically equate to evident bad faith or manifest partiality
- public bidding is under procurement law and not under AGCPA

(Macairan v. People)
JABC
- there must be positive and clear evidence showing accused
conscious and intentional participation in the planning,
preparation, and execution of crime charged
- there must be canvass of comparison of other products, if there is
no canvass, the Court cannot decide

(Martel v. People)
JABC
- manifest partiality is when there is cleare, notorious, or plain
inclination or predilection to favor one side or person than the
other
- evident bad faith is palpably and patently fraudulent and
dishonest purpose
- relationship between persons is not determinative of liability
or bad faith
- gross inexcusable negligence refers to negligence characterized by
want of slightest care in the performance of act not minding
consequences to others

(Chung v. Ombudsman)
JABC
- mere opening of letter of credit does not involve a specific
appropriation of a sum of money, it does not convey the notion has
been reserved ot held in trust/withdrawn
- there must be an overt act such as withdrawal

(Cruz v. People)
JABC
 - criminal liability is extinguished upon the death of the accused
pending case
- conspiracy exists when two or more people come to an agreement
to commit the crime and decide to commit it
- co-conspirator must be proved beyond reasonable doubt,
they performed specific acts in close coordination to the
designed commission of crime
- mere presence in the scene of the crime does not give rise to
criminal liability arising from conspiracy, there must be actual
participation or moral assistance

(Buencamino v. People)
JABC
- gross inexcusable negligence is different from evident bad faith
- hence if the accused is charged in the Information for gross
negligence, he cannot be convicted based on evident bad faith
- such is a violation of his right to be informed of the crime charged
against him and of his right to due process

(Perez v. Sandiganbayan)
JABC
- longer period of prescription may not be retroactively applied
- apply prospective principle of criminal laws
- prejudicial to accused since originally granted by law

“Blameless Ignorance Principle”

- refers to the running of the prescriptive period. counted from
the officials’ discovery of the offense and NOT from the
commission of the offense

3. Anti-Plunder Law

a. public officer who acts by herself or in connivance with members of

her family, relatives by affinity or consanguinity, or other persons
b. offender amasses ill-gotten wealth through a combination or series
of predicate acts under the law (receiving gifts or commish)
i. a number of acts, a single act is not enough
(2 or more government projects etc)
c. aggregate amount of the ill-gotten wealth is at least 50 million
pesos

- the right of the State to recover properties unlawfully

acquired by public officers shall not be barred by
prescription, laches, or estoppel
 4. Child Abuse Law

- punishes acts of child abuse not punished by RPC (oral defamation)

a. Prostitution
i. accused engages and promotes child prostitution
ii. act done through means enumerated under the law
iii. child is exploited or intended to be exploited in prostitution
iv. child, male or female, is below 18 years of age

b. Acts of Lasciviousness

i. accused commits the act of sexual intercourse or lascivious

conduct
ii. act is performed with a child exploited in prostitution or subjected
to other sexual abuse
iii. child, male or female, is below 18 yo

(People v. XXX)
JABC
- age of victim is taken into consideration in charging the offense
- if victim is under 12 crime is acts of lasciviousness, reclusion
temporal in its medium period
- if 12 or above 12 but below 18 or beyond 18 but unable to take
care of himself/herself, crime is Lascivious Conduct
- requires criminal intent to degrade, debase, and demean the
intrinsic worth of the child
- hence if acts happened at spur of the moment, it does not
constitute the crime

Trafficking in Persons

a. act of transporting, with or without the victim’s consent, within or across

national borders
b. means used include threat, force, coercion, or giving of payments to get
consent
c. purpose is exploitation which includes prostitution or other forms of
sexual exploitation

(People v. Amurao)
JABC
- instigation v. entrapment
- instigation means by which accused is lured into the commission
of offense charged in order to prosecute him
 - entrapment is the employment of ways and means for the purpose
of capturing a law breaker

Anti-VAWC

a. Psychological Violence (denial of financial support)

i. offended is woman or her child/children
ii. woman is either wife or former wife of offender, or is a woman
whom the offender has or had a sexual or dating relationship, or
offender has a common child (legitimate/illegitimate)
iii. offender willfully refuses to give or consciously denies financial
support that is legally due
iv. offender denied the woman or her child/children the financial
support for the purpose of causing the woman and her child
mental or emotional anguish
- does not

(Del Socorro v. Van Wilsem)

Peralta
- failure to give support to a child or denying thereto is a continuing
offense.
- commencement, date or place, of the acts of the crime is
immaterial
- based on Territoriality Principle of Criminal Laws, if one of the
elements of crime took place within the Ph, then it can be
prosecuted in the Ph

(Acharon v. People)
JABC
- it is the willful denial of support and the intent to cause emotional
anguish, BOTH MUST EXIST
- criminal intent is necessary, mala in se
- willful denial must be absolute, if there is partial support, this
does not apply. if beyond control of offender (like loss of job)
- the act is not criminal unless the mind is criminal

Battered Woman Syndrome

Phases
- offenders does not incur criminal liability
- justifying circumstance

1. Tension Building Phase - minor battering occurs, verbal or

slight physical abuse
2. Acute Battering Incident - brutality, destructiveness and
death
 3. Tranquil, Loving Phase - the women may think it is her
fault and thinks that her husband will change in time and
that may not happen again

Anti-Torture Law

1. Physical Torture
- committed when punishment is inflicted by a person in authority
upon another in his custody that causes severe pain and
dysfunction of one or more parts of the body

2. Mental Torture

Anti-Fencing Law

- Presumption is there is knowledge that the thing is the fruit of

robbery. Absent any counter evidence, presumption stands.
- as principals:
a. act of any person with intent to gain
b. shall sell or buy any object
c. accused knows or should be known to him to have been derived from the
crime of theft

(Del Rosario v. People)

JABC
- in robbery there is violence against or intimidation of persons as
means to take the property of another
- in theft means is without use os violence or physical force, mere
snatching is not violence or physical force

Bouncing Checks Law

BP 22
- always with estafa
- post-dated check issued simultaneous with the delivery of goods
- criminal intent is necessary and bad faith

a. a person makes or draws a check

b. he knows at the time of issuance that he does not have sufficient funds
to cover the amount of the check (worthless check)
c. OR he has sufficient funds at the time of issuance of the check but fails
to maintain or keep sufficient funds to cover the full amount upon
presentment

(Mandagan v. Valero)
JABC
- second element is a state of mind and may be establish through a
written notice of dishonor to the drawer or maker or issuer of the
dishonored check