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UP Law Criminal Law Reviewer 2013 Book 2 1
UP Law Criminal Law Reviewer 2013 Book 2 1
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Title I. Crimes against (2) Inciting to War or Giving Motives for Reprisals
(Art 118) – This can be committed even if the
National Security and the Law Philippines is not a participant.
(3) Violation of Neutrality (Art. 119) – The
of Nations Philippines is not a party to an on-going war.
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The levying of war must be directed against the The crime of treason is of such a nature that it may
government. It must be with intent to overthrow the be committed by one single act, by a series of acts, or
government as such, not merely to resist a particular by several series thereof, not only in a single time,
statute or to repel a particular officer. [Reyes, 2008; but in different times, it being a continuous crime.
th
citing 3 Wharton’s Criminal Law, 12 Ed.] [People vs. Victoria]
Treason cannot be proved by circumstantial evidence
The levying of war must be in collaboration with a or by the extrajudicial confession of the accused.
foreign enemy. If the levying of war is merely a civil
uprising, without any intention of helping an external Two Ways of Proving Treason
enemy, the crime is not treason. The offenders may (1)Testimony of at least two witnesses to the same
be held liable for rebellion under Article 135 in overt act; or
relation to Article 134 of the RPC. [Reyes, 2008] (2)Confession of accused in open court.[Article 114,
par.2, RPC]
Mode 2: Adherence to the Enemy
Adherence and giving aid or comfort to the enemy The Two-witness Rule
must concur. Adherence to the enemy means intent The testimony of two witnesses is required to prove
to betray. Aid or comfort means an act which the overt act of giving aid or comfort. It is not
strengthens or tends to strengthen the enemy in the necessary to prove adherence. Each of the witness
conduct of war against the traitor’s country and an must testify to the whole overt act; or if it is
act which weakens or tends to weaken the power of separable, there must be two witnesses to each part
the traitor’s country to resist or to attack the enemy. of the overt act. [People vs. Escleto]
[Cramer vs. US]
Adherence may be proved:
When there is no adherence to the enemy, the act (1) By one witness,
which may do aid or comfort to the enemy does not (2) From the nature of the act itself, or
amount to treason. [Reyes, 2008] (3) From the circumstances surrounding the act.
Acceptance of public office and discharge of official Adherence need not be proven by two witness
duties under the enemy do not constitute per se the testimonies – may be inferred from one witness, or
felony of treason. But when there is adherence to the from the nature of the act itself or other
enemy, then such constitute treason. [People vs. circumstances [People vs. Adriano]
Sison]
Reason why Two-witness Rule does not apply to
The term “enemies” applies only to the subjects of a adherence: Adherence to the enemy is a state of
foreign power in a state of hostility with the traitor’s mind. It is never susceptible of proof by direct
country. [Reyes, 2008] testimony. [Reyes, 2008]
The overt act of aid and comfort to the enemy must Confession must be made in open court.
be intentional, as distinguished from merely Extrajudicial confession or confession made before
negligent or undesigned ones. [Cramer vs. US] the investigators is not sufficient to convict a person
of treason. [Reyes, 2008]
When the killings and other common crimes are
charged as overt acts of treason, they cannot be Aggravating Circumstances
regarded: (1) as separate crimes, or (2) as complexed Cruelty and ignominy are aggravating circumstances
with treason. in treason.
Exception: But this rule would not preclude the But evident premeditation is not considered as one
punishment of murder or other common crimes as since adherence and the giving of aid and comfort to
such, if the prosecution should elect to prosecute the the enemy is usually a long continued process
culprit specifically for these crimes, instead of relying requiring requiring reflective and persistent
on them as an element of treason. [People vs. Prieto] determination and planning.[People vs. Racaza]
Treason by a Filipino citizen can be committed Superior strength and treachery are circumstances
outside of the Philippines. Treason by an alien must inherent in treason. Treachery is merged in superior
be committed in the Philippines. strength. Therefore, they are not aggravating in
treason.[People vs. Adlawan]
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The presence of the aggravating circumstances of (a) Levy war against the government; or
treachery, the aid of armed persons to insure or (b) Adhere to the enemies, giving them aid or
afford impunity, and deliberately augmenting the comfort
crimes by causing other wrongs not necessary in the
commission thereof are inherent in the crime of General rule: Conspiracy and proposal to commit a
treason and thus shall not be appreciated as felony is not punishable under Article 8.
aggravating circumstances. [People vs Victoria]
Exception: Under Article 115, mere conspiracy or
Defense of Suspended Allegiance and change of proposal to commit treason is punishable. This is
sovereignty are not accepted because: because, in treason, the very existence of the state is
(1)A citizen owes an absolute and permanent endangered. [Reyes, 2008]
allegiance to his Government;
(2)The sovereignty of the Government is not The two-witness rule does not apply to conspiracy or
transferred to the enemy by mere occupation; proposal to commit treason because this is a
(3)The subsistence of the sovereignty of the separate and distinct offense from that of treason.
legitimate Government in a territory occupied by the [US vs. Bautista]
military forces of the enemy during the war is one of
the rules of International Law; and
ARTICLE 116 - MISPRISION OF TREASON
(4)What is suspended is the exercise of the rights of
sovereignty. Elements:
(1) Offender owes allegiance to the government,
In addition to the defense of duress or uncontrollable and is not a foreigner
fear, lawful obedience to a de facto Government is a (2) He has knowledge of conspiracy to commit
good defense in treason. The Philippine Executive treason against the government
Commission, as well as the Republic established by (3) He conceals or does not disclose and make
the Japanese occupation army in the Philippines, had known the same as soon as possible to the
all the characteristics of a de facto Government. [Go governor or fiscal of the province in which he
Kim Cham vs. Valdez] resides, or the mayor or fiscal of the city in which
he resides
Defense of loss of citizenship by joining the army of
the enemy is not valid. The accused cannot divest Misprision of treason is a crime that may be
himself of his Philippine citizenship by the simple committed only by citizens of the Philippines. It
expedient of accepting a commission in the military, cannot be committed by a resident alien.
naval or air service of such country. If his contention
is sustained, his very crime would be the shield that The essence of the crime is that there are persons
would protect him from punishment. [People vs. who conspire to commit treason and the offender
Manayao] knew this and failed to make the necessary report to
the government within the earliest possible time.
ARTICLE 115 - CONSPIRACY AND PROPOSAL TO COMMIT
TREASON Article 116 does not apply when the crime of treason
CONSPIRACY TO COMMIT TREASON is already committed by someone and the accused
Elements: does not report its commission to the proper
(1) There is a war in which the Philippines is authority. The provision only speaks of “knowledge of
involved any conspiracy against” the Government of the
(2) At least two persons come to an agreement to – Philippines, not knowledge of treason actually
(a) Levy war against the government; or committed by another. The criminal liability arises if
(b) Adhere to the enemies, giving them aid or the accused learned of the treasonous activity while
comfort still at the conspiratorial stage because if he learned
(3) That person proposes its execution to other of the treason when it had already erupted into an
persons overt act, then the implication is that the government
(4) They decide to commit it is already aware of it.
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Any person in authority having the equivalent that the offender has the purpose to obtain any of
jurisdiction (of a mayor, fiscal or governor), like a them.
provincial commander, will already negate criminal
liability. Espionage Treason
Blood relationship is always subservient to national Not conditioned by the Not conditioned by the
security. Article 20 of the RPC regarding accessories citizenship of the offender citizenship of the offender
who are exempt from criminal liability does not apply
May be committed both in Committed only in time of
in this case because persons found liable for this crime
time of war and in time of war
are not considered accessories, but as principals.
peace
Article 116 is an exception to the rule that mere May be committed in Limited only to two ways
silence does not make a person criminally liable. [US many ways of committing the crime:
vs. Caballeros] levying of war and
adhering to the enemy
Under the Revised Penal Code, there is no crime of giving him aid or comfort
misprision of rebellion.
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(3) Offender violates the regulation foreigner.” Hence, the allegiance contemplated in
this article is either natural or temporary allegiance.
Definition of neutrality. A nation or power which [Reyes, 2008]
takes no part in a contest of arms going on between
other countries. Mere attempt to flee or go to enemy country
consummates the crime.
ARTICLE 120 - CORRESPONDENCE WITH
HOSTILE COUNTRY ARTICLE 122 - PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Elements:
(1) It is in time of war in which the Philippines is Elements:
involved (1) The vessel is on the high seas or Philippine
(2) Offender makes correspondence with an enemy waters
country or territory occupied by enemy troops (2) Offenders are neither members of its
(3) The correspondence is either – complement nor passengers of the vessel
(a) Prohibited by the government, or (3) Offenders either –
(b) Carried on in ciphers or conventional signs, (a) Attack or seize that vessel; or
or (b) Seize the whole or part of its cargo, its
(c) Containing notice or information which equipment or personal belongings of its
might be useful to the enemy. complement or passengers
(4) There is intent to gain
Definition of Correspondence. Communication by
means of letters which pass between those who have Acts Punished in Piracy:
friendly or business relations. (1) Attacking or seizing a vessel on the high seas or
in Philippine waters
Even if the correspondence contains innocent (2) Seizing the whole or part of its cargo,
matters, if the correspondence has been prohibited complement or passengers while the vessel is on
by the Government, it is punishable. the high seas or in Philippine waters
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place to another through Philippine Waters. It penalty of reclusion temporal in its medium and
shall include all kinds and types of vessels or maximum periods shall be imposed. If
boats used in fishing. kidnapping for ransom or extortion, or murder or
homicide, or rape is committed as a result or on
(c) Philippine Highway. It shall refer to any road, the occasion thereof, the penalty of death shall
street, passage, highway and bridges or other be imposed.
parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or Section 4. Aiding pirates or highway
locomotives or trains for the movement or robbers/brigands or abetting piracy or highway
circulation of persons or transportation of goods, robbery/brigandage. Any person who knowingly and
articles, or property or both. in any manner aids or protects pirates or highway
robbers/brigands, such as giving them information
(d) Piracy. Any attack upon or seizure of any vessel, about the movement of police or other peace officers
or the taking away of the whole or part thereof of the government, or acquires or receives property
or its cargo, equipment, or the personal taken by such pirates or brigands or in any manner
belongings of its complement or passengers, derives any benefit therefrom; or any person who
irrespective of the value thereof, by means of directly or indirectly abets the commission of piracy
violence against or intimidation of persons or or highway robbery or brigandage, shall be
force upon things, committed by any person, considered as an accomplice of the principal
including a passenger or member of the offenders and be punished in accordance with the
complement of said vessel, in Philippine waters, Rules prescribed by the Revised Penal Code.
shall be considered as piracy. The offenders
shall be considered as pirates and punished as It shall be presumed that any person who does any
hereinafter provided. of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
(e) Highway Robbery/Brigandage. The seizure of
any person for ransom, extortion or other
unlawful purposes, or the taking away of the RA 6235: ANTI-HIJACKING LAW
PUNISHABLE ACTS
property of another by means of violence against
or intimidation of person or force upon things of Section 1. It shall be unlawful for any person to
other unlawful means, committed by any person compel a change in the course or destination of an
on any Philippine Highway. aircraft of Philippine registry, or to seize or usurp the
control thereof, while it is in flight. An aircraft is in
PUNISHABLE ACTS
flight from the moment all its external doors are
Section 3. Penalties. Any person who commits piracy closed following embarkation until any of such doors
or highway robbery/brigandage as herein defined, is opened for disembarkation.
shall, upon conviction by competent court be
punished by: It shall likewise be unlawful for any person to compel
an aircraft of foreign registry to land in Philippine
(a) Piracy. The penalty of reclusion temporal in its territory or to seize or usurp the control thereof while
medium and maximum periods shall be it is within the said territory.
imposed. If physical injuries or other crimes are
committed as a result or on the occasion Section 3. It shall be unlawful for any person, natural
thereof, the penalty of reclusion perpetua shall or juridical, to ship, load or carry in any passenger
be imposed. If rape, murder or homicide is aircraft operating as a public utility within the
committed as a result or on the occasion of Philippines, and explosive, flammable, corrosive or
piracy, or when the offenders abandoned the poisonous substance or material.
victims without means of saving themselves, or
when the seizure is accomplished by firing upon Section 4. The shipping, loading or carrying of any
or boarding a vessel, the mandatory penalty of substance or material mentioned in the preceding
death shall be imposed. section in any cargo aircraft operating as a public
utility within the Philippines shall be in accordance
(b) Highway Robbery/Brigandage. The penalty of with regulations issued by the Civil Aeronautics
reclusion temporal in its minimum period shall Administration
be imposed. If physical injuries or other crimes
are committed during or on the occasion of the
commission of robbery or brigandage, the
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RA 9372: HUMAN SECURITY ACT OF 2007 penalty of from seventeen (17) years, four (4) months
SEC. 3.Terrorism. Any person who commits an act one day to twenty (20) years of imprisonment.
punishable under any of the following provisions of
the Revised Penal Code: SEC. 6.Accessory. Any person who, having
(1) Article 122 (Piracy in General and Mutiny in the knowledge of the commission of the crime of
High Seas or in the Philippine Waters); terrorism or conspiracy to commit terrorism, and
(2) Article 134 (Rebellion or Insurrection); without having participated therein, either as
(3) Article 134-a (Coup d’etat), including acts principal or accomplice under Articles 17 and 18 of
committed by private persons; the Revised Penal Code, takes part subsequent to its
(4) Article 248 (Murder); commission in any of the following manner: (a) by
(5) Article 267 (Kidnapping and Serious Illegal profiting himself or assisting the offender to profit by
Detention); the effects of the crime; (b) by concealing or
(6) Article 324 (Crimes Involving Destruction), destroying the body of the crime, or the effects, or
(7) or under instruments thereof, in order to prevent its discovery;
(c) by harboring, concealing, or assisting in the
(1) Presidential Decree No. 1613 (The Law on Arson); escape of the principal or conspirator of the crime,
(2) Republic Act No. 6969 (Toxic Substances and shall suffer the penalty of ten (10) years and one day
Hazardous and Nuclear Waste Control Act of to twelve (12) years of imprisonment.
1990);
(3) Republic Act No. 5207, (Atomic Energy Notwithstanding the above paragraph, the penalties
Regulatory and Liability Act of 1968); prescribed for accessories shall not be imposed upon
(4) Republic Act No. 6235 (Anti-Hijacking Law); those who are such with respect to their spouses,
(5) Presidential Decree No. 532 (Anti-piracy and ascendants, descendants, legitimate, natural, and
Anti-highway Robbery Law of 1974); and, adopted brothers and sisters, or relatives by affinity
(6) Presidential Decree No. 1866, as amended within the same degrees, with the single exception of
(Decree Codifying the Laws on Illegal and accessories falling within the provisions of
Unlawful Possession, Manufacture, Dealing in, subparagraph (a).
Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
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The detention of a person is without legal ground: (1) Arbitrary Illegal Unlawful
when he has not committed any crime or, at least, Detention Detention Arrest
there is no reasonable ground for suspicion that he Offender Public officer (1) Private Any person
has committed a crime, or (2) when he is not who has person;
suffering from violent insanity or any other ailment authority to OR
requiring compulsory confinement in a hospital. make arrests (2) Public
and detain officer
A public officer is deemed such when he is acting persons who is
within the bounds of his official authority or function. acting in a
private
A police officer who employs force in excess of what capacity
is necessary is acting outside the bounds of his duties or beyond
and is considered acting in his private the scope
capacity.[Boado, Comprehensive Reviewer in Criminal of his
Law] official
duty
In the crime of arbitrary detention, although the
offender is a public officer, not any public officer can Criminal Violate the Deprive the Accuse the
commit this crime. Only those public officers whose Intent offended offended party offended
official duties carry with it the authority to make an party’s of his personal party of a
arrest and detain persons can be guilty of this crime. constitutional liberty crime he
freedom did not
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The elements of custodial investigation are: The city mayor of Manila committed the crime of
(1) The suspect is deprived of liberty in any expulsion when he ordered certain prostitutes to be
significant manner; transferred to Davao WITHOUT observing due
(2) The interrogation is initiated by law enforcement process since they have not been charged with any
authorities; crime. [Villavicencio v. Lukban (1919)]
(3) The interrogation is inculpatory in character.
[People v. Tan (1998)]
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The right to return to one’s country is not among the (2) Search of moving vehicles;
rights specifically guaranteed in the Bill of Rights, (3) Evidence in plain view;
which treats only of the Liberty of Abode and the (4) Stop and frisk;
right to travel. (5) Customs searches; AND
(6) Consented warrantless search.
However, it is a well-settled view that the right to
return may be considered as a generally accepted [M]ere suspicion or a hunch will not validate a "stop
principle of international law and, under the and frisk."
Constitution, forms part of the law of the land.
However, it is distinct and separate from the right to A genuine reason must exist, in light of the police
travel. officer's experience and surrounding conditions, to
warrant the belief that the person detained has
The constitutional guarantees invoked by the weapons concealed about him.
Marcoses are neither absolute nor inflexible for the
exercise of such freedoms has limits and must adjust Finally, a "stop-and-frisk" serves a two-fold interest:
to the concerns which involve the public (1) The general interest of effective crime
interest.[Marcos v. Manglapus (1989)] prevention and detection, which underlies the
recognition that a police officer may, under
ARTICLE 128 - VIOLATION OF DOMICILE appropriate circumstances and in an
Acts punished: appropriate manner, approach a person for
(1) Entering any dwelling against the will of the purposes of investigating possible criminal
owner thereof behavior even without probable cause; and
(2) Searching papers or other effects found therein (2) The more pressing interest of safety and self-
without the previous consent of such owner, OR preservation which permit the police officer to
(3) Refusing to leave the premises, after having take steps to assure himself that the person with
surreptitiously entered said dwelling and after whom he deals is not armed with a deadly
having been required to leave the same weapon that could unexpectedly and fatally be
used against the police officer. [Malacat v. CA
Elements COMMON to the three acts: (1997)]
(1) Offender is a public officer or employee
(2) He is not authorized by judicial order – “Against the will” means that the offender ignored
(a) To enter the dwelling; the prohibition of the owner which may be express or
(b) To make a search therein for papers or other implied as when the door is closed even though not
effects; or locked. [Boado, Comprehensive Reviewer in Criminal
(c) He refuses to leave, after having Law]
surreptitiously entered such dwelling and
been required to leave the same The offender must be a public officer or employee. If
the offender is a private individual then the crime is
Qualifying circumstances: trespass to dwelling under Article 280.
(1) Night time
(2) Papers or effects not constituting evidence of a ARTICLE 129 - SEARCH WARRANTS
crime are not returned immediately after the MALICIOUSLY OBTAINED, AND ABUSE IN THE
search made by the offender. SERVICE OF THOSE LEGALLY OBTAINED
Elements of procuring a search warrant without just
RULE 113 OF THE REVISED RULES OF COURT: a cause:
public officer, who breaks into the premises, incurs (1) Offender is a public officer or employee
no liability WHEN a person to be arrested enters said (2) He procures a search warrant
premises and closes it thereafter, provided that the (3) There is no just cause
officer first gives a notice of arrest.
Elements of exceeding authority or using unnecessary
The public officer should have first given notice of an severity in executing a search warrant legally
arrest. procured:
(1) Offender is a public officer or employee
According to People vs. Doria (1999) and People vs. (2) He has legally procured a search warrant
Elamparo (2000), the following are the accepted (3) He exceeds his authority or uses unnecessary
exceptions to the warrant requirement: severity in executing the same.
(1) Search incidental to an arrest;
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ARTICLE 130 - SEARCHING DOMICILE WITHOUT (1) leave a receipt in the place in which he found the
WITNESSES seized property;
Elements: (2) In the presence of at least two witnesses of
(1) Offender is a public officer or employee sufficient age and discretion residing in the
(2) He is armed with search warrant legally same locality.
procured
(3) He searches the domicile, papers or other ARTICLE 131 - PROHIBITION, INTERRUPTION
belongings of any person AND DISSOLUTION OF PEACEFUL MEETINGS
(4) The owner, or any members of his family, or two Elements:
witnesses residing in the same locality are not (1) Offender is a public officer or employee
present. (2) He performs any of the following acts:
(a) Prohibiting or interrupting, without legal
RULE 116: SEARCH AND SEIZURE ground, the holding of a peaceful meeting,
A search warrant is an order in writing - or by dissolving the same
(1) Signed by a judge (b) Hindering any person from joining any
(2) Directed to a peace officer, commanding him to lawful association, or from attending any of
search for personal property described therein its meetings
and bring it before the court (c) Prohibiting or hindering any person from
addressing, either alone or together with
Requisites for issuing a search warrant: others, any petition to the authorities for the
(1) Probable cause, in connection with one specific correction of abuses or redress of grievances
offense, to be determined personally by the
judge AFTER examination under oath or The government has a right to require a permit
affirmation of the complainant and the witness before any gathering can be made. HOWEVER, the
he may produce government only has regulatory, NOT
(2) Particular description of: PROHIBITORY, powers with regard to such
(a) Place to be searched; AND requirement.
(b) Things to be seized which may be anywhere
in the Philippines The permit should state the day, time, and place of
the gathering.
An officer may break open any outer or inner door or If the permit is denied arbitrarily, OR the officer
window of a house or any part of a house or anything dictates the place where the meeting is to be held,
therein WHEN these circumstances concur: this article is VIOLATED.
(1) He is refused admittance to the place of directed
search; If in the course of the assembly, which started out
(2) His purpose is to execute the warrant to liberate peacefully, the participants committed illegal acts
himself or any person lawfully aiding him when like oral defamation or inciting to sedition, a public
unlawfully detained therein; and officer or law enforcer can stop or dissolve the
(3) He has given notice of his purpose and authority. meeting.
The warrant must direct that it be served in the Two criteria to determine whether this article would
daytime. HOWEVER, it can be served at any time of be violated:
the day or night WHEN the affidavit asserts that the (1) Dangerous tendency rule – applied during times
property is on the person or in the place ordered to of national unrest such as to prevent coup
be searched. d’etat.
(2) Clear and present danger rule – applied during
A search warrant shall be valid for ten (10) days from times of peace. Stricter rule.
its date. Thereafter, it shall be void.
ARTICLE 132 - INTERRUPTION OF RELIGIOUS
The officer seizing the property under the warrant WORSHIP
must give a detailed receipt for the same to the Elements:
lawful occupant of the premises in whose presence (1) Offender is a public officer or employee
the search and seizure were made. (2) Religious ceremonies or manifestations of any
religion are about to take place or are going on
In the absence of such occupant, the officer must: (3) Offender prevents or disturbs the same
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The penalty of ten (10) years and one day to twelve (5) The submersion of the head in water or water
(12) years of imprisonment shall be imposed upon polluted with excrement, urine, vomit and/or blood
the police or law enforcement personnel who fails to until the brink of suffocation;
notify any judge as provided in the preceding
paragraph. (6) Being tied or forced to assume fixed and stressful
bodily position;
SEC. 19.Period of Detention in the Event of an Actual
or Imminent Terrorist Attack. In the event of an (7) Rape and sexual abuse, including the insertion of
actual or imminent terrorist attack, suspects may not foreign objects into the sex organ or rectum, or
be detained for more than three (3) days without the electrical torture of the genitals;
written approval of a municipal, city, provincial or
regional official of a Human Rights Commission or (8) Mutilation or amputation of the essential parts of
judge of the municipal, regional trial court, the the body such as the genitalia, ear, tongue, etc.;
Sandiganbayan or a justice of the Court of Appeals
nearest the place of the arrest. If the arrest is made (9) Dental torture or the forced extraction of the
during Saturdays, Sundays, holidays or after office teeth;
hours, the arresting police or law enforcement
personnel shall bring the person thus arrested to the (10) Pulling out of fingernails;
residence of any of the officials mentioned above
that is nearest the place where the accused was (11) Harmful exposure to the elements such as
arrested. The approval in writing of any of the said sunlight and extreme cold;
officials shall be secured by the police or law
enforcement personnel concerned within five (5) (12) The use of plastic bag and other materials
days after the date of the detention of the persons placed over the head to the point of asphyxiation;
concerned: Provided, however, That within three (3)
days after the detention the suspects, whose (i) The administration or drugs to induce confession
connection with the terror attack or threat is not and/or reduce mental competency; or
established, shall be released immediately.
(ii) The use of drugs to induce extreme pain or certain
symptoms of a disease; and
RA 9745: ANTI-TORTURE ACT
PUNISHABLE ACTS
(14) Other analogous acts of physical torture; and
Section 4. Acts of Torture. - For purposes of this Act,
torture shall include, but not be limited to, the (b) "Mental/Psychological Torture" refers to acts
following: committed by a person in authority or agent of a
person in authority which are calculated to affect or
(a) Physical torture is a form of treatment or confuse the mind and/or undermine a person's
punishment inflicted by a person in authority or dignity and morale, such as:
agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, (1) Blindfolding;
disability or dysfunction of one or more parts of the
body, such as: (2) Threatening a person(s) or his/her relative(s) with
bodily harm, execution or other wrongful acts;
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other (3) Confinement in solitary cells or secret detention
similar objects, and jumping on the stomach; places;
(2) Food deprivation or forcible feeding with spoiled (4) Prolonged interrogation;
food, animal or human excreta and other stuff or
substances not normally eaten; (5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
(3) Electric shock; prisoner;
(4) Cigarette burning; burning by electrically heated (6) Causing unscheduled transfer of a person
rods, hot oil, acid; by the rubbing of pepper or other deprived of liberty from one place to another,
chemical substances on mucous membranes, or creating the belief that he/she shall be summarily
acids or spices directly on the wound(s); executed;
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cruel, inhuman and degrading treatment or (18) Article 150 - Disobedience to Summons Issued
punishment but failed to prevent or investigate by Congress, Its Committees or Subcommittees,
allegations of such act, whether deliberately or due by the Constitutional Commissions, Its
to negligence shall also be liable as principals. Committees, Subcommittees or Divisions
(19) Article 153 - Tumults and Other Disturbances of
Any public officer or employee shall be liable as an Public Order
accessory if he/she has knowledge that torture or (20) Article 151 - Resistance and Disobedience to a
other cruel, inhuman and degrading treatment or Person in Authority or the Agents of Such
punishment is being committed and without having Persons
participated therein, either as principal or (21) Article 154 - Unlawful Use of Means of
accomplice, takes part subsequent to its commission Publication and Unlawful Utterances
in any of the following manner: (22) Article 156 - Delivering Persons from Jail
(23) Article 155 - Alarms and Scandals
(a) By themselves profiting from or assisting the (24) Article 157 - Evasion of Service of Sentence
offender to profit from the effects of the act of (25) Article 159 - Other Cases of Evasion of Service of
torture or other cruel, inhuman and degrading Sentence
treatment or punishment; (26) Article 158 - Evasion of Service of Sentence on
the Occasion of Disorders, Conflagrations,
(b) By concealing the act of torture or other cruel, Earthquakes, or Other Calamities
inhuman and degrading treatment or punishment (27) Article 160 - Quasi Recidivism
and/or destroying the effects or instruments thereof
in order to prevent its discovery; or(c) By harboring, CHAPTER I - REBELLION, COUP D’ETAT,
concealing or assisting m the escape of the SEDITION AND DISLOYALTY
principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment: ARTICLE 134 - REBELLION /INSURRECTION
Provided, That the accessory acts are done with the
abuse of the official's public functions. Elements:
(1) There is a public uprising and taking arms
against the government;
(2) The purpose of the uprising or movement is:
(a) To remove from the allegiance to the
Title III. Crimes against Public government or its laws the Philippine
Order territory or any part thereof, or any body of
land, naval, or other armed forces; or
(b) To deprive the Chief Executive or Congress,
(1) Article 134 - Rebellion/Insurrection wholly or partially, of any of their powers or
(2) Article 134-A - Coup d’ État prerogatives
(3) Article 135 - Penalty for Rebellion, Insurrection or
Coup d’ État Rule on Complexing of Rebellion: Rebellion cannot
(4) Article 136 - Conspiracy and Proposal to Commit be complexed with, but absorbs other crimes
Coup d’ État, Rebellion or Insurrection committed in furtherance of rebellion. There is no
(5) Article 137 - Disloyalty of Public Officers or complex crime of rebellion with murder and other
Employees common crimes.
(6) Article 138 - Inciting to Rebellion or Insurrection
(7) Article139 – Sedition Jurisprudence:
(8) Article141 - Conspiracy to Commit Sedition The doctrine laid down in People v. Hernandez
(9) Article142 – Inciting to Sedition remains good law. This prohibits the complexing of
(10) Article140 - Persons Liable for Sedition rebellion with any other offense committed in the
(11) Article 143 - Acts Tending to Prevent the Meeting occasion thereof, either as a means to its commission
of the Congress of the Philippines and Similar or as an unintended effect of an activity that
Bodies constitutes rebellion. [Enrile v Salazar (1990)]
(12) Article 144 - Disturbance of Proceedings
(13) Article 145 - Violation of Parliamentary Immunity All crimes, whether punishable under special or
(14) Article 146 - Illegal Assemblies general law, which are mere components or
(15) Article 147 - Illegal Associations ingredients, or committed in furtherance thereof,
(16) Article 148 - Direct Assault become absorbed in the crime of rebellion and
(17) Article 149 - Indirect Assault
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Tumultuous: If caused by more than three persons ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION
who are armed or provided with the means of Elements:
violence. (Art. 163) (1) Two or more persons come to an agreement and
a decision to rise publicly and tumultuously to
The purpose of this crime is not the overthrowing of attain any of the objects of sedition;
the government but the violation of public peace. (2) They decide to commit it.
Under R.A. 8294, sedition absorbs the use of NOTE: There is no proposal to commit sedition.
unlicensed firearm as an element thereof; hence, it is
not an aggravating circumstance, and the offender ARTICLE 142 – INCITING TO SEDITION
can no longer be prosecuted for illegal possession of
firearm. (Boado, Comprehensive Reviewer in Criminal Mode 1. Inciting others to the accomplishment of any
Law). of the acts which constitute sedition by means
of speeches, proclamations, writings,
Sedition vs. Rebellion emblems, etc.
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Mode 2. Uttering seditious words or speeches which CHAPTER II - CRIMES AGAINST POPULAR
tend to disturb the public peace; REPRESENTATION
Constitutional Tests relative to seditious words: Mode 1: Using force, intimidation, threats, or frauds to
Clear and Present Danger Rule: The words must be prevent any member of Congress from
of such nature that by uttering them there is a attending the meetings of Congress or of any
danger of a public uprising and that such danger of its committees or subcommittees,
should be both clear and imminent. The danger constitutional commissions or committees or
must not only be probable but very likely inevitable. divisions thereof, or from expressing his
opinion or casting his vote;
Dangerous Tendency Rule: If the words used tend to Elements:
create a danger of public uprising, then those words (1) Offender uses force, intimidation, threats or
could properly be the subject of a penal clause fraud;
(2) The purpose of the offender is to prevent any
The manifest, unmistakable tendency of the member of Congress from:
dramatic play, in view of the time, place, and manner (a) Attending the meetings of the Congress or
of its presentation, was to inculcate a spirit of hatred of any of its committees or constitutional
and enmity against the American people and the commissions;
Government of the US in the Philippines.[US v (b) Expressing his opinion; OR
Tolentino (1906)] (c) Casting his vote.
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except in case such member has committed a (2) Persons merely present at the meeting, who
crime punishable under the Code by a penalty must have a common intent to commit the
higher than prision mayor. felony of illegal assembly.
Mode 1: Any meeting attended by armed persons for the Persons liable for illegal associations:
purpose of committing any of the crimes (1) Founders, directors and president of the
punishable under the Code; association;
(2) Mere members of the association.
Elements:
(1) There is a meeting, a gathering or group of Public Morals: matters which affect the interest of
persons, whether in a fixed place or moving; society and public convenience, not limited to good
(2) The meeting is attended by armed persons; customs
(3) The purpose of the meeting is to commit any of
the crimes punishable under the Code. Illegal Assemblies vs. Illegal Associations
Mode 2: Any meeting in which the audience, whether Illegal Assembly Illegal Association
armed or not, is incited to the commission There must be an actual Actual meeting not
of the crime of treason, rebellion or meeting or assembly necessary
insurrection, sedition, or assault upon
person in authority or his agents. What is punished are the What is punished is the
meeting and the act of forming or
Elements: attendance therein organizing the association
(1) There is a meeting, a gathering or group of Persons liable: Persons liable:
persons, whether in a fixed place or moving; (1) Organizers or leaders (1) Founders, directors,
(2) The audience, whether armed or not, is incited to of the meeting president
the commission of the crime of treason, (2) Persons present (2) The members
rebellion or insurrection, sedition or direct See also: BP 880 - Public Assembly Act of 1985
assault.
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CHAPTER IV - ASSAULT UPON AND RESISTANCE corporation, board, or commission, shall be deemed
AND DISOBEDIENCE TO, PERSONS IN a person in authority.
AUTHORITY AND THEIR AGENTS
“Directly vested with jurisdiction” means the power
ARTICLE 148 - DIRECT ASSAULT or authority to govern and execute the laws.
Mode 1. Without public uprising, by employing
force or intimidation for the attainment of Teachers, professors and persons in charged with the
any of the purposes enumerated in supervision of public or duly recognized private
defining the crimes of rebellion and schools, colleges and universities shall be deemed
sedition; persons in authority, in applying the provisions of
Articles 148 and 151. For other purposes, such as to
Elements: increase the penalty by reason of the aggravating
(1) Offender employs force or intimidation; circumstances where a person in authority is
(2) The aim of the offender is to attain any of the involved, the teachers and professors are not persons
purposes of the crime of rebellion or any of the in authority.
objects of the crime of sedition;
(3) There is no public uprising. When the assault results in the killing of that agent
or of a person in authority, the offense committed is
Mode 2. Without public uprising, by attacking, by complex crime of direct assault with murder or
employing force or by seriously homicide. The only time when it is not complexed is
intimidating or by seriously resisting any when material consequence is a light felony, that is,
person in authority or any of his agents, slight physical injury. Direct assault absorbs the
while engaged in the performance of lighter felony.
official duties, or on occasion of such
performance. The force employed need not be serious when the
offended party is a person in authority;
Elements:
(1) Offender makes an attack, employs force, makes Intimidation or resistance must be serious whether
a serious intimidation, or makes a serious the offended party is a person in authority OR an
resistance; agent of a person in authority
(2) The person assaulted is a person in authority or
his agent; If the public officer is not a person in authority, the
(3) At the time of the assault, the person in assault on him is an aggravating circumstance in Art.
authority or his agent is engaged in the actual 14, no. 3 (rank). (Boado, Comprehensive Reviewer in
performance of official duties, OR that he is Criminal Law).
assaulted by reason of the past performance of
official duties; There must be however an intent to disregard the
(4) Offender knows that the one he is assaulting is a victim’s rank.
person in authority or his agent in the exercise of
his duties. Gabutero was acting in the performance of his duties
(5) There is no public uprising. [as he was trying to pacify Dollantes who was
causing trouble] as barangay captain when he was
The first form of direct assault is tantamount to stabbed to death. Thus, the crime committed was
rebellion or sedition, except that there is no public murder with assault upon a person in
uprising. authority.[People v. Dollantes (1987)]
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The status as a person in authority being a matter of The testimony of a person summoned must be upon
law, ignorance thereof is no excuse. matters into which the legislature has jurisdiction to
inquire.
ARTICLE 149 - INDIRECT ASSAULT
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A
Elements: PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSONS
(1) A person in authority or his agent is the victim of
any of the forms of direct assault defined in Mode 1: Resistance and serious disobedience
Article 148;
(2) A person comes to the aid of such authority or Elements:
his agent; (1) A person in authority or his agent is engaged in
(3) Offender makes use of force or intimidation the performance of official duty or gives a lawful
upon such person coming to the aid of the order to the offender;
authority or his agent. (2) Offender resists or seriously disobeys such
person in authority or his agent;
Indirect assault can only be committed when a direct (3) The act of the offender is not included in the
assault is also committed. provision of Articles 148, 149 and 150.
Article 152 clothes any person who comes to the aid Mode 2: Simple disobedience
of a person in authority with the fiction of an agent of
a person in authority. Elements:
(1) An agent of a person in authority is engaged in
Any assault on him on the occasion of his aiding a the performance of official duty or gives a lawful
person in authority or his agent is indirect assault. order to the offender;
(2) Offender disobeys such agent of a person in
authority;
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY
(3) Such disobedience is not of a serious nature
CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,
Resistance and Serious Disobedience
SUBCOMMITTEES OR DIVISIONS
The accused must have knowledge that the person
Mode 1. By refusing, without legal excuse, to obey giving the order is a peace officer. [US vs. Bautista]
summons of Congress, its special or
standing committees and subcommittees, The disobedience contemplated consists in the
the Constitutional Commissions and its failure or refusal to obey a direct order from the
committees, subcommittees or divisions, or authority or his agent.
by any commission or committee chairman
or member authorized to summon
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Simple Disobedience
In simple disobedience, the offended party must be If done unconsciously or without intent to incite the
only an agent of a person in authority. The order listeners to rise to sedition or rebellion, this article
must be lawful. The disobedience should not be of a applies.
serious nature.
If done with intent to commit rebellion or sedition:
Serious Disobedience vs. Direct Assault The crime is inciting to rebellion or sedition.
Serious Disobedience Direct Assault
Definition of “tumultuous”: If caused by more than 3
Person in authority or his The person in authority or persons who are armed or provided with the means
agent must be in actual his agent must be of violence
performance of his duties engaged in the
performance of official Definition of “burying with pomp the body of a
duties or that he is person”: ostentatious display of a burial
assaulted
ARTICLE 154 - UNLAWFUL USE OF MEANS OF
Committed only by Committed in four ways
PUBLICATION AND UNLAWFUL UTTERANCES
resisting or seriously (see Art. 148, Mode 2
disobeying a person in above) Mode 1. Publishing or causing to be published, by
authority or his agent means of printing, lithography or any
Use of force in resistance There is force employed other means of publication, as news any
is not so serious, as there false news which may endanger the
is no serious public order, or cause damage to the
interest or credit of the State.
Mode 4: Displaying placards or emblems which To be liable, the offender must know that the news is
provoke a disturbance of public order in false.
such place;
Actual public disorder or actual damage to the credit
Mode 5: Burying with pomp the body of a person of the State is not necessary. The mere possibility of
who has been legally executed. causing such danger or damage is sufficient.
Serious disturbance must be planned or intended. ARTICLE 155 - ALARMS AND SCANDALS
This article applies if the disturbance is not caused
Mode 1: Discharging any firearm, rocket,
by a public officer; or, if it is committed by a public
firecracker, or other explosive within any
officer, he is a participant therein.
town or public place, calculated to cause
(which produces) alarm or danger;
Definition of “outcry”: to shout subversive or
provocative words tending to stir up the people to
Mode 2: Instigating or taking an active part in any
obtain by means of force or violence any of the
charivari or other disorderly meeting
objects of rebellion or sedition.
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offensive to another or prejudicial to criminally liable for leaving the penal institution only
public tranquility; when there is evasion of the service of his sentence,
which can only be committed only by a convict by
Mode 3: Disturbing the public peace while final judgment.
wandering about at night or while
engaged in any other nocturnal
amusements; Offender is usually an outsider. The violation of
Article 156 is committed by a public officer when he
Mode 4: Causing any disturbances or scandal in is not the custodian of the prisoner at the time the
public places while intoxicated or prisoner was made to escape. If the offender is a
otherwise, provided Art. 153 is not public officer who had the prisoner in his custody or
applicable. charge, he is liable for infidelity in the custody of a
prisoner under Article 223.
The crime “alarms and scandal” is only one crime.
If three persons are involved – a stranger, the
Scandal here does not refer to moral scandal; that custodian and the prisoner – three crimes are
one is grave scandal in Article 200. committed:
(1) Infidelity in the custody of prisoners [public
The essence of the crime is disturbance of public officer-custodian];
tranquility and public peace. (2) Delivery of the prisoner from jail [stranger];
Disturbance of serious nature falls under Article 153, and
not under paragraph 4 of this article. (3) Evasion of service of sentence [prisoner].
Any kind of disturbance of public order where the Cledera, as the governor, is the jailer of the Province.
circumstance at the time renders the act offensive to Esmeralda is the Assistant Provincial Warden. As
the tranquility prevailing, the crime is committed. public officials who have the custody or charge of the
prisoner, they cannot be prosecuted under Art. 156.
Definition of charivari: includes a medley of
discordant voices, a mock serenade of discordant Art 223 would have applied; however, there is no
noises made on kettles, tin, horns, etc. designed to sufficient evidence to warrant their prosecution for
annoy or insult infidelity in the custody of prisoner. It is necessary
that the public officer had consented to, or connived
NOTE: “Calculated to cause” should be “which in, the escape of the prisoner under his custody or
produces” alarm and danger according to the correct charge. [Alberto v. Dela Cruz (1980)]
translation of the RPC. Hence, the result, and not the
intent, that counts. (Reyes) CHAPTER VI - EVASION OF SERVICE OF
SENTENCE
ARTICLE 156 - DELIVERING PRISONERS FROM JAIL
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE
Elements:
(1) There is a person confined in a jail or penal Elements:
establishment; (1) Offender is a convict by final judgment;
(2) Offender removes therefrom such person, or (2) He is serving sentence which consists in the
helps the escape of such person. deprivation of liberty;
(3) He evades service of his sentence by escaping
during the term of his imprisonment.
If the prisoner who escapes is only a detention
prisoner, he does not incur liability from escaping if
he does not know of the plan to remove him from Qualifying circumstances as to penalty imposed if
jail. But if such prisoner knows of the plot to remove such evasion or escape takes place:
him from jail and cooperates therein by escaping, he (1) By means of unlawful entry (this should be “by
himself becomes liable for delivering prisoners from scaling” - Reyes);
jail as a principal by indispensable cooperation. (2) By breaking doors, windows, gates, walls, roofs
or floors;
If the prisoner removed or whose escape is made (3) By using picklock, false keys, disguise, deceit,
possible by the commission of the crime of delivering violence or intimidation; or
prisoner from jail is a detention prisoner, such (4) Through connivance with other convicts or
prisoner is not criminally liable. A prisoner is employees of the penal institution.
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Evasion of service of sentence has three forms: If the prisoner fails to return within said 48 hours,
(1) By simply leaving or escaping from the penal there will be an additional penalty of 1/5 of the time
establishment under Article 157; still remaining to be served under the original
(2) Failure to return within 48 hours after having sentence. In no case shall that penalty exceed six
left the penal establishment because of a months.
calamity, conflagration or mutiny and such
calamity, conflagration or mutiny has been Mutiny is one of the causes which may authorize a
announced as already passed under Article 158; convict serving sentence in the penitentiary to leave
(3) Violating the condition of conditional pardon the jail provided he has not taken part in the mutiny.
under Article 159.
ARTICLE 159 - OTHER CASES OF EVASION OF SERVICE OF
In leaving or escaping from jail or prison, that the SENTENCE
prisoner immediately returned is immaterial. It may Elements:
be mitigating, but it will not absolve his criminal (1) Offender was a convict;
liability. (2) He was granted a conditional pardon by the
Chief Executive;
Not applicable to sentence executed by deportation (3) He violated any of the conditions of such pardon.
because the convict was not sentenced to
imprisonment and thereafter broke jail. Violation of conditional pardon is a distinct crime. In
violation of conditional pardon, as a rule, the
Not applicable to sentence of destierro since Article violation will amount to this crime only if the
157 refers only to persons who are imprisoned in a condition is violated during the remaining period of
penal institution and completely deprived of their the sentence.
liberty.
Offender must be found guilty of subsequent offense
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE
before he can be prosecuted under Article 159.
OCCASION OF DISORDERS, CONFLAGRATIONS,
[Torres vs. Gonzales]
EARTHQUAKES, OR OTHER CALAMITIES
Elements: If the condition of the pardon is violated when the
(1) Offender is a convict by final judgment, who is remaining unserved portion of the sentence has
confined in a penal institution; already lapsed, there will be no more criminal
(2) There is disorder, resulting from – liability for the violation. However, the convict maybe
(a) conflagration; required to serve the unserved portion of the
(b) earthquake; sentence, that is, continue serving original penalty.
(c) explosion;
(d) similar catastrophe; or Violation of Conditional Pardon vs. Evasion of
(e) mutiny in which he has not participated; Service of Sentence by Escaping
(3) He evades the service of his sentence by leaving Violation of Conditional Evasion of Service of
the penal institution where he is confined, on the Pardon Sentence
occasion of such disorder or during the mutiny;
(4) He fails to give himself up to the authorities Does not cause harm or An attempt at least to
within 48 hours following the issuance of a injury to the right of evade the penalty inflicted
proclamation by the Chief Executive announcing another person nor does it by the courts upon
the passing away of such calamity. disturb the public order; criminals and thus defeat
merely an infringement of the purpose of the law of
Leaving the penal establishment is not the basis of the stipulated terms in either reforming or
criminal liability. What is punished is the failure to conditional pardon punishing them for having
return within 48 hours after the passing of the disturbed the public
calamity, conflagration or mutiny had been order.
announced.
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If the violation of this Sec. is in furtherance of, or incendiary device, shall not be a violation of this
incident to, or in connection with the crime of Section.
rebellion, insurrection, sedition or attempted coup
d'etat, such violation shall be absorbed as an Provided, further, That the temporary, incidental,
element of the crimes of rebellion, insurrection, casual, harmless, or transient possession or control
sedition or attempted coup d'etat. of any part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction,
The same penalty shall be imposed upon the owner, assembly, delivery or detonation of any explosive or
president, manager, director or other responsible incendiary device for the sole purpose of
officer of any public or private firm, company, surrendering it to the proper authorities shall not be
corporation or entity, who shall willfully or knowingly a violation of this Section.
allow any of the explosives owned by such firm,
company, corporation or entity, to be used by any Provided, finally, That in addition to the instances
person or persons found guilty of violating the provided in the two (2) immediately preceding
provisions of the preceding paragraphs paragraphs, the court may determine the absence of
the intent to possess, otherwise referred to as
Sec. 3-A. Unlawful Manufacture, Sales, Acquisition, “animus possidendi”, in accordance with the facts
Disposition, Importation or Possession of a Part, and circumstances of each case and the application
Ingredient, Machinery, Tool or Instrument Used or of other pertinent laws, among other things, Articles
Intended to be Used for the Manufacture, 11 and 12 of the Revised Penal Code, as amended.
Construction, Assembly, Delivery or Detonation.—
The penalty of reclusion perpetua shall be imposed Sec. 3-B. Penalty for the Owner, President, Manager,
upon any person who shall willfully and unlawfully Director or Other Responsible Officer of Any Public
manufacture, assemble, deal in, acquire, dispose, or Private Firm, Company, Corporation or Entity.—
import or possess any part, ingredient, machinery, The penalty of reclusion perpetua shall be imposed
tool or instrument of any explosive or incendiary upon the owner, president, manager, director or
device, whether chemical, mechanical, electronic, other responsible officer of any public or private firm,
electrical or otherwise, used or intended to be used company, corporation or entity, who shall willfully or
by that person for its manufacture, construction, knowingly allow any explosive or incendiary device or
assembly, delivery or detonation, where the explosive parts thereof owned or controlled by such firm,
or incendiary device is capable or is intended to be company, corporation or entity to be used by any
made capable of producing destructive effect on person or persons found guilty of violating the
contiguous objects or causing injury or death to any provisions of the preceding paragraphs.
person. Sec. 3-C. Relationship of Other Crimes with a
Violation of this Decree and the Penalty Therefor.—
Provided, That the mere possession of any part, When a violation of Section 3, 3-A or 3-B of this
ingredient, machinery, tool or instrument directly Decree is a necessary means for committing any of
used in the manufacture, construction, assembly, the crimes defined in the Revised Penal Code or
delivery or detonation of any explosive or incendiary special laws, or is in furtherance of, incident to, in
device, by any person whose business activity, or connection with, by reason of, or on occasion of any
employment does not lawfully deal with the of the crimes defined in the Revised Penal Code or
possession of such article shall be prima facie special laws, the penalty of reclusion perpetua and a
evidence that such article is intended to be used by fine ranging from One hundred Thousand pesos
that person in the unlawful/illegal manufacture, (P100,000.00) to One million pesos
construction, assembly, delivery or detonation of an (P1,000,000.00) shall be imposed.
explosive or incendiary device.
Sec. 3-D. Former Conviction or Acquittal; Double
Provided, however, That a temporary incidental, Jeopardy.— Subject to the provisions of the Rules of
casual, harmless or transient possession or control of Court on double jeopardy, if the application thereof is
any part, machinery, tool or instrument directly used more favorable to the accused, the conviction or
in the manufacture, construction, assembly, delivery acquittal of the accused or the dismissal of the case
or detonation of any explosive or incendiary device, for violation of this Decree shall be a bar to another
without the knowledge of its existence or character prosecution of the same accused for any offense
as part, ingredient, machinery, tool or instrument where the violation of this Decree was a necessary
directly used in the manufacture, construction, means for committing the offense or in furtherance
assembly, delivery or detonation of any explosive or of which, incident to which, in connection with which,
by reason of which, or on occasion of which, the
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violation of this Decree was committed, and vice part, ingredient, machinery, tool or instrument of any
versa. explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, shall
Sec. 4. Responsibility and liability of Law suffer the penalty of reclusion perpetua.
Enforcement Agencies and Other Government
Officials and Employees in Testifying as Prosecution Planting of evidence shall mean the willful act by any
Witnesses.— Any member of law enforcement person of maliciously and surreptitiously inserting,
agencies or any other government official and placing, adding or attaching, directly or indirectly,
employee who, after due notice, fails or refuses, through any overt or covert act, whatever quantity of
intentionally or negligently, to appear as a witness any explosive or incendiary device or any part,
for the prosecution of the defense in any proceeding, ingredient, machinery, tool or instrument of any
involving violations of this Decree, without any valid explosive or incendiary device, whether chemical,
reason, shall be punished with reclusion temporal mechanical, electronic, electrical or otherwise in the
and a fine of Five hundred Thousand pesos person, house, effects or in the immediate vicinity of
(P500,000.00) in addition to the administrative an innocent individual for the purpose of implicating
liability he/she may be meted out by his/her incriminating or imputing the commission of any
immediate superior and/or appropriate body. violation of this Decree.
The immediate superior of the member of the law Sec. 4-D. Types of Chemicals/Accessories Covered.—
enforcement agency or any other government The chemicals and accessories mentioned in the
employee mentioned in the preceding paragraph preceding Section shall exclusively refer to chlorates,
shall be penalized with prision correccional and a nitrates, nitric acid and such other chemicals and
fine of not less than Ten Thousand pesos accessories that can be used for the manufacture of
(P10,000.00) but not more than Fifty thousand explosives and explosive ingredients.
pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite Sec. 5. Tampering of Firearm’s Serial Number.— The
due notice to them and to the witness concerned, the penalty of prision correccional shall be imposed
former does not exert reasonable effort to present upon any person who shall unlawfully tamper,
the latter to the court. change, deface or erase the serial number of any
firearm.
The member of the law enforcement agency or any
other government employee mentioned in the Sec. 6. Repacking or Altering the Composition of
preceding paragraphs shall not be transferred or Lawfully Manufactured Explosives.— The penalty of
reassigned to any other government office located in prision correccional shall be imposed upon any
another territorial jurisdiction during the pendency of person who shall unlawfully repack, alter or modify
the case in court. However, the concerned member of the composition of any lawfully manufactured
the law enforcement agency or government explosives.
employee may be transferred or reassigned for
compelling reasons: Provided, That his/her Sec. 7. Unauthorized Issuance of Authority to Carry
immediate superior shall notify the court where the Firearm and/or Ammunition Outside of Residence.—
case is pending of the order to transfer or reassign, The penalty of prision correccional shall be imposed
within twenty-four (24) hours from its approval: upon any person, civilian or military, who shall issue
Provided, further, That his/her immediate superior authority to carry firearm and/or ammunition outside
shall be penalized with prision correccional and a of residence, without authority therefor.
fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand
RA 9372: HUMAN SECURITY ACT (SEE SPECIAL LAWS IN
pesos (P50,000.00) and in addition, perpetual
TITLE I)
absolute disqualification from public office, should
he/she fail to notify the court of such order to
transfer or reassign.
Prosecution and punishment under this Section shall
be without prejudice to any liability for violation of
any existing law.
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ARTICLE 167 - COUNTERFEITING, IMPORTING, AND The accused must have knowledge of the forged
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER character of the note.
Elements:
ARTICLE 169 - HOW FORGERY IS COMMITTED
(1) There is an Instrument payable to order or other
document of credit not payable to bearer; (1) By Giving to a treasury or bank note or any
(2) Offender either Forged, imported or uttered instrument payable to bearer or to order
such instrument; mentioned therein, the appearance of a true and
(3) In case of uttering, he Connived with the forger genuine document;
or importer. (2) By Erasing, substituting, counterfeiting, or
altering by any means the figures, letters, words,
An instrument is payable to order where it is drawn or sign contained therein.
payable to the order of a specified person or to him
or his order. Forgery includes falsification and counterfeiting.
This covers instruments or other documents of credit
issued by a foreign government or bank. For possession of false treasury or bank note to
constitute a criminal offense, it must be with intent
Forgery of currency is punished so as to maintain to use.
integrity of the currency and thus insure the credit
standing of the government. The essence of forgery is giving a document the
appearance of a true and genuine document.
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PAR 7: Issuing in an authenticated form a document Public and Private writings under the Rules of Court:
purporting to be a copy of an original document when The following are public documents:
no such original exists, or including in such a copy a (1) Written official acts, or records, of the official
statement contrary to, or different from, that of the acts of the sovereign authority, official bodies
genuine original and tribunals, and public officers
Falsification in this paragraph cannot be committed (2) Documents acknowledged before a notary
by a private individual, or by a notary public, or by a public except last will and testaments
public officer, who does not take advantage of his (3) Public records kept in the Philippines, of private
official position. documents required by law to be entered
therein.
This is because authentication of a document can
only be made by the custodian or the one who All other writings are private.
prepared and retained a copy of the original.
(1) Purporting to be a copy of the original when no After an investigation, a group of public officers were
such original exists. caught and convicted of falsifying cash vouchers.
(2) Including a copy a statement contrary to, or
different from, that of the genuine original. On appeal the SC held that cash vouchers are NOT
commercial documents because they are not
A private person who cooperates with a public officer documents used by merchants or businessmen to
in the falsification of a public document is guilty of promote or facilitate credit transactions nor they are
the crime and incurs the same liability and penalty. defined and regulated by the Code of Commerce or
other commercial law.
There are four kinds of documents:
(1) Public document in the execution of which, a Rather, they are private documents which have been
person in authority or notary public has taken defined as:
part; (1) Deeds or instruments executed by a private
(a) A document created, executed or issued person
(b) By a public official (2) Without the intervention of a public notary or of
(c) In response to the exigencies of the public other person legally authorize,
service, (3) By which some disposition or agreement is
(d) Or in execution of w/c public official proved, evidenced or set forth.[People v.
intervened. Batulanon (2007)]
(2) Official document in the execution of which a
public official takes part; ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUAL
(a) A document issued by a public official in the AND USE OF FALSIFIED DOCUMENTS
exercise of the functions of his office. It falls Mode 1: Falsification of public, official or commercial
within the larger class called public document by a private individual;
documents.
(b) A document required by a bureau to be Elements:
filled by its officers for purposes of record (1) Offender is a Private individual OR Public
and information is a public document. officer or employee who did not take
(3) Commercial document or any document advantage of his official position;
recognized by the Code of Commerce or any (2) He committed any act of Falsification (Art.
commercial law; and 171);
(4) A deed or instrument executed by a private (3) The falsification was committed in a public,
person without the intervention of a notary official, or commercial Document or letter of
public or other persons legally authorized. - exchange.
Private document in the execution of which only
private individuals take part. Mode 2: Falsification of private document by any
person;
The element of damage is not necessary because it is
the interest of the community which is intended to be Elements:
guaranteed. (1) Offender committed any of the acts of
Falsification except Article 171(7), that is,
The character of the offender and his faithfulness to (a) Issuing in an authenticated form a
his duty is mainly taken into consideration. document purporting to be a copy of an
original document when no such original
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ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, ARTICLE 174 - FALSE MEDICAL CERTIFICATES, FALSE
TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF CERTIFICATES OF MERITS OR SERVICE, ETC.
SAID FALSIFIED MESSAGES
Persons liable
Mode 1: Uttering fictitious wireless, telegraph or (1) Physician or surgeon who, in connection with the
telephone message; practice of his profession, issues a false
certificate (it must refer to the illness or injury of
Elements: a person);
(1) Offender is an officer or employee of the
government or an officer or employee of a Note: The crime here is false medical certificate by a
private corporation, engaged in the service of physician.
sending or receiving wireless, cable or telephone
message; (2) Public officer who issues a false certificate of
(2) He utters fictitious wireless, cable, telegraph or merit of service, good conduct or similar
telephone message. circumstances;
Mode 2: Falsifying wireless, telegraph or telephone Note: The crime here is false certificate of merit or
message; service by a public officer.
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Article 177 may be violated by a public officer. ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT
Elements:
ARTICLE 178 - USING FICTITIOUS AND CONCEALING TRUE (1) There is a Criminal proceeding;
NAME (2) Offender Testifies falsely under oath against the
Mode 1: Using fictitious name defendant therein;
(3) Offender who gives false testimony Knows that it
Elements: is false.
(1) Offender uses a name other than his real name; (4) Defendant against whom the false testimony is
(2) He uses the fictitious name publicly; given is either acquitted or convicted in a Final
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Conviction or acquittal of defendant in the principal The statement should be outside the coverage of art
case is not necessary. 180-181.
Rectification made spontaneously after realizing the “Oath”: Any form of attestation by which a person
mistake is not false testimony. signifies that he is bound by conscience to perform
an act faithfully and truthfully.
Penalty for false testimony against the accused is
based on the sentence imposed or if accused is “Affidavit”: Sworn statement in writing; declaration
acquitted; that for testimony favorable to the in writing, made upon oath before an authorized
accused is based on the imposable penalty. The magistrate or officer.
rationale for the difference is the measure of the
wrong occasioned by the injustice in each case, i.e. There could be no perjury through negligence or
the undeserved sentence and the imposable penalty imprudence. This is because of the requirement that
avoided, respectively. the assertion of a falsehood be made willfully and
deliberately. Hence, good faith or lack of malice is a
ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES defense in perjury.
Elements:
(1) Testimony Given in a civil case;
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Dangerous Drugs and/or Controlled Precursors (3) The maximum penalty provided for under
and Essential Chemicals (Sec. 5) sections 4, 5, 6, 8 and 16 shall be imposed upon
(3) Maintenance of a Den, Dive or Resort. (Sec. 6) any person, who organizes, manages or acts as a
(4) Employees and Visitors of a Den, Dive or "financier" of any of the illegal activities
Resort(Sec. 7) prescribed in those sections.
(5) Manufacture of Dangerous Drugs and/or (4) Any person charged under any provision of this
Controlled Precursors and Essential Chemicals Act regardless of the imposable penalty shall
(Sec. 8) not be allowed to avail of the provision on plea-
(6) Illegal Chemical Diversion of Controlled bargaining. Section 23, Article II, RA 9165
Precursors and Essential Chemicals. (Sec. 9)
(7) Manufacture or Delivery of Equipment, Any person convicted for drug trafficking or pushing
Instrument, Apparatus, and Other Paraphernalia under this Act, regardless of the penalty imposed by
for Dangerous Drugs and/or Controlled the Court, cannot avail of the privilege granted by
Precursors and Essential Chemicals. (Sec. 10) the Probation Law or Presidential Decree No. 968, as
(8) Possession of Dangerous Drugs (Sec. 11) amended. [Section 24, Article II, RA 9165]
(9) Possession of Equipment, Instrument, Notwithstanding the provisions of any law to the
Apparatus and Other Paraphernalia for contrary, a positive finding for the use of dangerous
Dangerous Drugs (Sec. 12) drugs shall be a qualifying aggravating circumstance
(10) Possession of Dangerous Drugs During Parties, in the commission of a crime by an offender, and the
Social Gatherings or Meetings (Sec. 13) application of the penalty provided for in the Revised
(11) Possession of Equipment, Instrument, Penal Code shall be applicable. [Section 25, Article II,
Apparatus and Other Paraphernalia for RA 9165]
Dangerous Drugs During Parties, Social
Gatherings or Meetings(Sec. 14) The maximum penalties of the unlawful acts
(12) Use of Dangerous Drugs (Sec. 15) provided for in this Act shall be imposed, in addition
(13) Cultivation or Culture of Plants Classified as to absolute perpetual disqualification from any
Dangerous Drugs or are Sources Thereof. (Sec. public office, if those found guilty of such unlawful
16) acts are government officials and employees.
(14) Maintenance and Keeping of Original Records of [Section 28, Article II, RA 9165]
Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals Any person who is found guilty of "planting" any
(Sec. 17) dangerous drug and/or controlled precursor and
(15) Unnecessary Prescription of Dangerous essential chemical, regardless of quantity and purity,
Drugs(Sec. 18) shall suffer the penalty of death. [Section 29, Article
(16) Unlawful Prescription of Dangerous Drugs (Sec. II, RA 9165]
19)
In case any violation of this Act is committed by a
PENALTIES FOR UNLAWFUL ACTS: partnership, corporation, association or any juridical
(1) The penalty of life imprisonment to death and a entity, the partner, president, director, manager,
fine ranging from Five hundred thousand pesos trustee, estate administrator, or officer who consents
(P500,000.00) to Ten million pesos to or knowingly tolerates such violation shall be held
(P10,000,000.00) - Those acts which include or criminally liable as a co-principal. [Section 30, Article
involve any dangerous drugs (Sections 4, 5, 6, 8, II, RA 9165]
11, 16 and 19)
(2) The penalty of twelve (12) years and one (1) day In addition to the penalties prescribed in the
to twenty (20) years of imprisonment and a fine unlawful act committed, any alien who violates such
ranging from One hundred thousand pesos provisions of this Act shall, after service of sentence,
(P100,000.00) to Five hundred thousand pesos be deported immediately without further
(P500,000.00) proceedings, unless the penalty is death. [Section 31,
(a) Those acts which involve any controlled Article II, RA 9165]
precursor and essential chemical(Sections 4,
5, 6, 8, 9 and 10) Accessory Penalties: A person convicted under this
(b) Anyone who acts as a "protector/coddler" of Act shall be disqualified to exercise his/her civil
any violator of the provisions under sections rights such as but not limited to:
4, 5, 6, 8 and 16 (1) the rights of parental authority or guardianship,
(c) Sections 7, 10, 16, 17. either as to the person or property of any ward
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(2) the rights to dispose of such property by any act the fourth degree of consanguinity or affinity, apply
or any conveyance inter vivos, to the Board or its duly recognized representative, for
(3) and political rights such as but not limited to, treatment and rehabilitation of the drug
(4) the right to vote and be voted for. dependency.
(5) Such rights shall also be suspended during the
pendency of an appeal from such conviction. Upon such application, the Board shall bring forth
[Section 35, Article II, RA 9165] the matter to the Court which shall order that the
applicant be examined for drug dependency (Section
32 possession of marijuana is absorbed in the sale 54, Article VIII, RA 9165).
thereof, except where the seller is further
apprehended in possession of another quantity of Is there also compulsory confinement? Yes.
the prohibited drugs not covered by or included in Notwithstanding any law, rule and regulation to the
the sale and which are probably intended for some contrary, any person determined and found to be
future dealings or use by the seller. [People v. dependent on dangerous drugs shall, upon petition
Lacerna] by the Board or any of its authorized representative,
be confined for treatment and rehabilitation in any
Art. 36 (f), concerning mandatory drug testing for all Center duly designated or accredited for the
persons charged with crimes is declared purpose.
unconstitutional because it violates the right against
self-incrimination. A petition for the confinement of a person alleged to
be dependent on dangerous drugs to a Center may
Art 36 (g), concerning mandatory drug testing for be filed by any person authorized by the Board with
candidates for public office is also the Regional Trial Court of the province or city where
unconstitutional.[SJS v. Dangerous Drugs Board] such person is found. (Section 61, Article VIII, RA
9165).
DEFINITION OF IMPORTANT TERMS
How long will the drug dependent be confined for
Dangerous drugs: include those listed treatment and rehabilitation? Confinement in a Center
(1) in the Schedules annexed to the 1961 Single for treatment and rehabilitation shall not exceed one
Convention on Narcotic Drugs, as amended by (1) year, after which time the Court, as well as the
the 1972 Protocol, and Board, shall be apprised by the head of the
(2) in the Schedules annexed to the 1971 Single treatment and rehabilitation center of the status of
Convention on Psychotropic Substances as said drug dependent and determine whether further
enumerated in the attached annex which is an confinement will be for the welfare of the drug
integral part of this Act. [Section 3 (j), RA 9165] dependent and his/her family or the community
(Section 54, Article VIII, RA 9165).
Chemical Diversion: The sale, distribution, supply or
transport of legitimately imported, in-transit, How will a drug dependent who is under the voluntary
manufactured or procured controlled precursors and submission program and is finally discharged from
essential chemicals, in diluted, mixtures, or in confinement in the Center be exempt from criminal
concentrated form, to any person or entity engaged liability?
in the manufactured of any dangerous drugs, and (1) He/she has complied with the rules and
shall include packaging, labelling, or concealment of regulations of the center, the applicable rules
such transaction. and regulations of the Board, including the
after-care and follow-up program for at least
Controlled Precursors and Essential Chemicals: eighteen (18) months following temporary
Include those listed in Tables I and II of the 188 UN discharge from confinement in the Center
Convention Against Illicit traffic in Narcotics Drugs (2) He/she has never been charged or convicted of
and Psychotropic Substances. any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act
OTHER IMPORTANT POINTS No. 6425, as amended; the Revised Penal Code,
as amended; or any special penal laws
May a drug dependent who is found guilty of the use of (3) He/she has no record of escape from a Center
dangerous drugs voluntarily submit himself for (4) He/she poses no serious danger to
treatment and rehabilitation? Yes. The drug himself/herself, his/her family or the community
dependent may, by himself/herself or through by his/her exemption from criminal liability
his/her parent, spouse, guardian or relative within (Section 55, Article VIII, RA 916)
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What are the functions of the Dangerous Drugs Board? Customs: established usage, social conventions
(1) Be the policy-making and strategy-formulating carried on by tradition and enforced by social
body in the planning and formulation of policies disapproval of any violation thereof.
and programs on drug prevention and control.
(2) Develop and adopt a comprehensive, integrated, Grave Scandal: consists of acts which are offensive to
unified and balanced national drug abuse decency and good customs which, having committed
prevention and control strategy. publicly, have given rise to public scandal to persons
(3) Be under the Office of the President. (Section 77, who have accidentally witnessed the same.
Article IX, RA 9165)
The acts must be performed in a public place or
What is the PDEA? The PDEA is the Philippine Drug within the public knowledge or view. If it is
Enforcement Agency. It serves as the implementing committed in a private place, the crime of grave
arm of the Dangerous Drugs Board. It shall be scandal is not committed.
responsible for the efficient and effective law
enforcement of all the provisions on any dangerous In conducts involving lasciviousness, it is grave
drug and/or controlled precursor and essential scandal only where there is mutual consent. (Boado,
chemical as provided in this Act. (Section 82, Article Comprehensive Reviewer in Criminal Law)
IX, RA 916)
Any act which is notoriously offensive to decency may
bring about criminal liability for the crime of grave
scandal, Provided such act does not constitute some
Title VI. Crimes against Public other crime under the Revised Penal Code. Grave
scandal is a crime of last resort.
Morals ARTICLE 201 - IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS
CHAPTER I: Gambling and Betting Acts punished (as amended by PD No. 960, 969)
(1) Gambling (Art 195) (1) Those who shall publicly expound or proclaim
(2) Importation, sale and possession of lottery doctrines openly contrary to public morals;
tickets or advertisements (Art 196) (2) The authors of obscene literature, published
(3) Betting in sports contests (Art 197) with their knowledge in any form,
(4) Illegal betting on horse races (Art 198) (3) The editors publishing such literature;
(5) Illegal cockfighting (Art 199) (4) The owners/operators of the establishment
selling the same;
CHAPTER II: Offenses against Decency and Good (5) Those who, in theaters, fairs, cinematographs, or
Customs any other place, exhibit indecent or immoral
(1) Grave Scandal (Art 200) plays, scenes, acts, or shows,
(2) Immoral doctrines, obscene publications and
exhibitions (Art 201) it being understood that the obscene literature or
(3) Vagrancy and prostitution (Art 202) indecent or immoral plays, scenes, acts or shows,
whether live or in film, which are proscribed by virtue
CRIMES AGAINST PUBLIC MORALS hereof, shall include those which:
(a) glorify criminals or condone crimes;
ARTICLE 200 - GRAVE SCANDAL (b) serve no other purpose but to satisfy the
Elements: market for violence, lust or pornography;
(1) Offender performs an act or acts; (c) offend any race, or religion;
(2) Such act or acts be highly scandalous as (d) tend to abet traffic in and use of prohibited
offending against decency or good customs; drugs; and
(3) The highly scandalous conduct is not expressly (e) are contrary to law, public order, morals,
falling within any other article of this Code; and good customs, established policies, lawful
(4) The act or acts complained of be committed in a orders, decrees and edicts
public place or within the public knowledge or (6) Those who shall sell, give away or exhibit films,
view. (Reyes). prints, engravings, sculpture or literature which
are offensive to morals.
Decency: means proprietary of conduct; proper
observance of the requirements of modesty, good MORALS: imply conformity with the generally
taste, etc. accepted standards of goodness or rightness in
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conduct or character, sometimes, specifically, to place belonging to another without any lawful or
sexual conduct. justifiable purpose; and
(5) Prostitutes.
Offense in any of the forms mentioned in the article
is committed only when there is publicity Prostitutes: women who, for money or profit
habitually indulge in sexual intercourse or lascivious
The test of obscenity: conduct
(1) The test is objective.
(2) It is more on the effect upon the viewer and not Dissolute: lax, unrestrained, immoral
alone on the conduct of the performer.
(3) If the material has the tendency to deprave and Ruffian: brutal, violent, lawless persons
corrupt the mind of the viewer then the same is
obscene and where such obscenity is made Pimp: One who provides gratification for the lust of
publicly, criminal liability arises. others
(4) As long as the pornographic matter or exhibition
is made privately, there is no crime committed Even millionaires or one who has more than enough
under the Revised Penal Code because what is for his livelihood can commit vagrancy by habitually
protected is the morality of the public in general. associating with prostitutes, pimps, ruffians, or by
habitually lodging in houses of ill-repute. The
Jurisprudence: purpose of the law is not simply to punish a person
Postcards of Philippine inhabitants in native attire because he has no means of livelihood; it is to
were not obscene because the aggregate judgment prevent further criminality.
of the community, and the moral sense of the people
were not shocked by those pictures. They were not Any person found wandering in an estate belonging
offensive to chastity but merely depicted persons as to another whether public or private without any
they actually lived. [People v Kottinger (1923)] lawful purpose also commits vagrancy, unless his
acts constitutes some other crime in the Revised
The reaction of the public during the performance of Penal Code.
a dance by one who had nothing to cover herself
with, except nylon patches over her breasts and too The term prostitution is applicable to a woman who
abbreviated pair of nylon panties to interrupt her for profit or money habitually engages in sexual or
stark nakedness should be made the gauge in the lascivious conduct.
determination of whether the dance or exhibition
was indecent or immoral. [People v Aparici (1955)] A man, if he engages in the same conduct – sex for
money – is not a prostitute, but a vagrant.
An actual exhibition of the sexual act can have no
redeeming feature—no room for art. Therefore, it is a In law, the mere indulging in lascivious conduct
clear and unmitigated obscenity. [People v Padan habitually because of money or gain would amount
(1957)] to prostitution, even if there is no sexual intercourse.
Virginity is not a defense.
ARTICLE 202 - VAGRANCY AND PROSTITUTION (SEE RA
10158) Habituality is the controlling factor; it has to be more
Persons Liable: than one time.
(1) Any person having no apparent means of
subsistence, who has the physical ability to work There cannot be prostitution by conspiracy. One who
and who neglects to apply himself or herself to conspires with a woman in the prostitution business
some lawful calling; like pimps, taxi drivers or solicitors of clients are
(2) Any person found loitering about public or semi- guilty of the crime under Article 341 for white slavery.
public buildings or places or trampling or
wandering about the country or the streets See Special Law: PD 1563 (Mendicancy Law of 1978)
without visible means of support;
(3) Any idle or dissolute person who lodges in RA 10158: AN ACT DECRIMINALIZING VAGRANCY,
houses of ill fame; ruffians or pimps and those AMENDING ARTICLE 202 OF THE RPC
who habitually associate with prostitutes; SECTION 1. Article 202 of the Revised Penal Code is
(4) Any person who, not being included in the hereby, amended to read as follows:
provisions of other articles of this Code, shall be “Article 202.Prostitutes; Penalty. – For the purposes
found loitering in any inhabited or uninhabited of this article, women who, for money or profit,
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habitually indulge in sexual intercourse or lascivious c) Masiao. - An illegal numbers game where the
conduct, are deemed to be prostitutes. winning combination is derived from the results of
“Any person found guilty of any of the offenses the last game of Jai Alai or the Special Llave portion
covered by this article shall be punished by arresto or any result thereof based on any fictitious Jai Alai
menor or a fine not exceeding 200 pesos, and in case game consisting of ten (10) players pitted against
of recidivism, by arresto mayor in its medium period one another, and its variants.
to prision correctional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the d) Last Two. - An illegal numbers game where the
discretion of the court.” winning combination is derived from the last two (2)
numbers of the first prize of the winning
SEC. 2.Effect on Pending Cases. – All pending cases Sweepstakes ticket which comes out during the
under the provisions of Article 202 of the Revised weekly draw of the Philippine Charity Sweepstakes
Penal Code on Vagrancy prior to its amendment by Office (PCSO), and its variants.
this Act shall be dismissed upon effectivity of this
Act. e) Bettor ("Mananaya", "Tayador" or variants
thereof). - Any person who places bets for
SEC. 3.Immediate Release of Convicted Persons. – himself/herself or in behalf of another person, or any
All persons serving sentence for violation of the person, other than the personnel or staff of any
provisions of Article 202 of the Revised Penal Code illegal numbers game operation.
on Vagrancy prior to its amendment by this Act shall
be immediately released upon effectivity of this Act: f) Personnel or Staff of Illegal Numbers Game
Provided, That they are not serving sentence or Operation. - Any person, who acts in the interest of
detained for any other offense or felony. the maintainer, manager or operator, such as, but
not limited to, an accountant, cashier, checker,
Under the Mendicancy Law of 1978 (PD 1563), guard, runner, table manager, usher, watcher, or any
(1) one who has no visible and legal means of other personnel performing such similar functions in
support, or lawful employment a building structure, vessel, vehicle, or any other
(2) and who is physically able to work but neglects place where an illegal numbers game is operated or
to apply himself to some lawful calling conducted.
(3) and instead uses begging as a means of living,
(4) is a mendicant. g) Collector or Agent ("Cabo", "Cobrador", "Coriador"
or variants thereof). - Any person who collects,
Any person who abets mendicancy by giving alms solicits or produces bets in behalf of his/her principal
directly to mendicants, exploited infants and minors for any illegal numbers game who is usually in
on public roads, sidewalks, parks and bridges shall possession of gambling paraphernalia.
be punished by a fine.
h) Coordinator, Controller or Supervisor
P.D. 1602 – ANTI-GAMBLING ACT AS AMENDED BY R.A. ("Encargado" or variants thereof). - Any person who
9287 – ILLEGAL NUMBERS GAME – WHICH REPEALED exercises control and supervision over the collector
ARTICLES 195-199 OF THE RPC or agent.
Sec. 2.Definition of Terms. - As used in this Act, the
following terms shall mean: i) Maintainer, Manager or Operator. - Any person
who maintains, manages or operates any illegal
a) Illegal Numbers Game. - Any form illegal number game in a specific area from whom the
gambling activity which uses numbers or coordinator, controller or supervisor, and collector or
combinations thereof as factors in giving out agent take orders.
jackpots.
j) Financiers or Capitalist. - Any person who finances
b) Jueteng. - An illegal numbers game that involves the operations of any illegal numbers game.
the combination of thirty-seven (37) numbers against
thirty-seven (37) numbers from number one (1) to k) Protector or Coddler. - Any person who lends or
thirty seven (37) or the combination of thirty-eight provides protection, or receives benefits in any
(38) numbers in some areas, serving as a form of manner in the operation of any illegal numbers
local lottery where bets are placed and accepted per game.
combination, and its variants.
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prostitution, pornography, sexual exploitation, forced pre-departure registration and services for departing
labor, slavery, involuntary servitude or debt bondage; persons for the purpose of promoting trafficking in
(c) To offer or contract marriage, real or simulated, persons;
for the purpose of acquiring, buying, offering, selling,
or trading them to engage in prostitution, (e) To facilitate, assist or help in the exit and entry of
pornography, sexual exploitation, forced labor or persons from/to the country at international and
slavery, involuntary servitude or debt bondage; local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or
(d) To undertake or organize tours and travel plans fraudulent travel documents for the purpose of
consisting of tourism packages or activities for the promoting trafficking in persons;
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation; (f) To confiscate, conceal, or destroy the passport,
travel documents, or personal documents or
(e) To maintain or hire a person to engage in belongings of trafficked persons in furtherance of
prostitution or pornography; trafficking or to prevent them from leaving the
country or seeking redress from the government or
(f) To adopt or facilitate the adoption of persons for appropriate agencies; and
the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary (g) To knowingly benefit from, financial or otherwise,
servitude or debt bondage; or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor,
(g) To recruit, hire, adopt, transport or abduct a or slavery.
person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the Section 6.Qualified Trafficking in Persons. - The
purpose of removal or sale of organs of said person; following are considered as qualified trafficking:
and
(a) When the trafficked person is a child;
(h) To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad. (b) When the adoption is effected through Republic
Act No. 8043, otherwise known as the "Inter-Country
Section 5.Acts that Promote Trafficking in Persons. - Adoption Act of 1995" and said adoption is for the
The following acts which promote or facilitate purpose of prostitution, pornography, sexual
trafficking in persons, shall be unlawful: exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(a) To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the (c) When the crime is committed by a syndicate, or in
purpose of promoting trafficking in persons; large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or
(b) To produce, print and issue or distribute unissued, more persons conspiring or confederating with one
tampered or fake counseling certificates, registration another. It is deemed committed in large scale if
stickers and certificates of any government agency committed against three (3) or more persons,
which issues these certificates and stickers as proof individually or as a group;
of compliance with government regulatory and pre-
departure requirements for the purpose of (d) When the offender is an ascendant, parent,
promoting trafficking in persons; sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is
(c) To advertise, publish, print, broadcast or committed by a public officer or employee;
distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, (e) When the trafficked person is recruited to engage
including the use of information technology and the in prostitution with any member of the military or law
internet, of any brochure, flyer, or any propaganda enforcement agencies;
material that promotes trafficking in persons;
(f) When the offender is a member of the military or
(d) To assist in the conduct of misrepresentation or law enforcement agencies; and
fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from (g) When by reason or on occasion of the act of
government agencies that are mandated to provide trafficking in persons, the offended party dies,
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becomes insane, suffers mutilation or is afflicted with (e) If the offender is a corporation, partnership,
Human Immunodeficiency Virus (HIV) or the association, club, establishment or any juridical
Acquired Immune Deficiency Syndrome (AIDS). person, the penalty shall be imposed upon the
owner, president, partner, manager, and/or any
Section 7.Confidentiality. - At any stage of the responsible officer who participated in the
investigation, prosecution and trial of an offense commission of the crime or who shall have knowingly
under this Act, law enforcement officers, prosecutors, permitted or failed to prevent its commission;
judges, court personnel and medical practitioners, as
well as parties to the case, shall recognize the right (f) The registration with the Securities and Exchange
to privacy of the trafficked person and the accused. Commission (SEC) and license to operate of the
Towards this end, law enforcement officers, erring agency, corporation, association, religious
prosecutors and judges to whom the complaint has group, tour or travel agent, club or establishment, or
been referred may, whenever necessary to ensure a any place of entertainment shall be cancelled and
fair and impartial proceeding, and after considering revoked permanently. The owner, president, partner
all circumstances for the best interest of the parties, or manager thereof shall not be allowed to operate
order a closed-door investigation, prosecution or similar establishments in a different name;
trial. The name and personal circumstances of the
trafficked person or of the accused, or any other (g) If the offender is a foreigner, he shall be
information tending to establish their identities and immediately deported after serving his sentence and
such circumstances or information shall not be be barred permanently from entering the country;
disclosed to the public.
(h) Any employee or official of government agencies
In cases when prosecution or trial is conducted who shall issue or approve the issuance of travel exit
behind closed-doors, it shall be unlawful for any clearances, passports, registration certificates,
editor, publisher, and reporter or columnist in case of counseling certificates, marriage license, and other
printed materials, announcer or producer in case of similar documents to persons, whether juridical or
television and radio, producer and director of a film natural, recruitment agencies, establishments or
in case of the movie industry, or any person utilizing other individuals or groups, who fail to observe the
tri-media facilities or information technology to prescribed procedures and the requirement as
cause publicity of any case of trafficking in persons. provided for by laws, rules and regulations, shall be
held administratively liable, without prejudice to
Section 10.Penalties and Sanctions. - The following criminal liability under this Act. The concerned
penalties and sanctions are hereby established for government official or employee shall, upon
the offenses enumerated in this Act: conviction, be dismissed from the service and be
(a) Any person found guilty of committing any of the barred permanently to hold public office. His/her
acts enumerated in Section 4 shall suffer the penalty retirement and other benefits shall likewise be
of imprisonment of twenty (20) years and a fine of forfeited; and
not less than One million pesos (P1,000,000.00) but
not more than Two million pesos (P2,000,000.00); (i) Conviction by final judgment of the adopter for
(b) Any person found guilty of committing any of the any offense under this Act shall result in the
acts enumerated in Section 5 shall suffer the penalty immediate rescission of the decree of adoption.
of imprisonment of fifteen (15) years and a fine of not
less than Five hundred thousand pesos Section 11.Use of Trafficked Persons. - Any person
(P500,000.00) but not more than One million pesos who buys or engages the services of trafficked
(P1,000,000.00); persons for prostitution shall be penalized as
(c) Any person found guilty of qualified trafficking follows:
under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million (a) First offense - six (6) months of community
pesos (P2,000,000.00) but not more than Five service as may be determined by the court and a fine
million pesos (P5,000,000.00); of Fifty thousand pesos (P50,000.00); and
(d) Any person who violates Section 7 hereof shall (b) Second and subsequent offenses - imprisonment
suffer the penalty of imprisonment of six (6) years of one (1) year and a fine of One hundred thousand
and a fine of not less than Five hundred thousand pesos (P100,000.00).
pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00); Section 17.Legal Protection to Trafficked Persons. -
Trafficked persons shall be recognized as victims of
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the act or acts of trafficking and as such shall not be (3) Article 219 - Failure of a Responsible Public
penalized for crimes directly related to the acts of Officer to Render Accounts Before Leaving the
trafficking enumerated in this Act or in obedience to Country
the order made by the trafficker in relation thereto. In (4) Article 220 - Illegal Use of Public Funds or
this regard, the consent of a trafficked person to the Property
intended exploitation set forth in this Act shall be (5) Article 221 - Failure to Make Delivery of Public
irrelevant. Funds or Property
(6) Article 222 - Officers Included in the Preceding
Note Sec. 17: Persons trafficked (including Provisions
prostitutes) are exempt from criminal liability.
Chapter 5: Infidelity of Public Officers
Note also: Under RA 9208, persons who hire (1) Article 223 - Conniving With or Consenting to
trafficked persons are criminally liable. Not so in Art Evasion
202 RPC. (2) Article 224 - Evasion through Negligence
(3) Article 225 - Escape of Prisoner under the
Custody of a Person Not a Public Officer
(4) Article 226 - Removal, Concealment, or
Title VII. Crimes Committed Destruction of Documents
(5) Article 227 - Officer Breaking Seal
by Public Officers (6) Article 228 - Opening of Closed Documents
(7) Article 229 - Revelation of Secrets by an Officer
(8) Article 230 - Public Officers Revealing Secrets of
Chapter 1: Preliminary Provisions Private Individuals
(1) Article 203 - Who Are Public Officers
Chapter 6: Other Offenses and Irregularities by Public
Chapter 2: Malfeasance and Misfeasance in Office Officers
(1) Article 204 - Knowingly Rendering Unjust (1) Article 231 - Open Disobedience
Judgment (2) Article 232 - Disobedience to the Order of
(2) Article 205 - Judgment Rendered Through Superior Officer When Said Order Was
Negligence Suspended by Inferior Officer
(3) Article 206 - Unjust Interlocutory Order (3) Article 233 - Refusal of Assistance
(4) Article 207 - Malicious Delay in the (4) Article 234 - Refusal to Discharge Elective Office
Administration of Justice (5) Article 235 - Maltreatment of Prisoners
(5) Article 208 - Prosecution of Offenses; (6) Article 236 - Anticipation of Duties of a Public
Negligence and Tolerance Officer
(6) Article 209 - Betrayal of Trust by an Attorney or (7) Article 237 - Prolonging Performance of Duties
a Solicitor - Revelation of Secrets and Powers
(7) Article 210 - Direct Bribery (8) Article 238 - Abandonment of Office or Position
(8) Article 211 - Indirect Bribery (9) Article 239 - Usurpation of Legislative Powers
(9) Article 211-A - Qualified Bribery (10) Article 240 - Usurpation of Executive Functions
(10) Article 212 - Corruption of Public Officials (11) Article 241 - Usurpation of Judicial Functions
(11) Article 214 - Other Frauds (12) Article 242 - Disobeying Request for
Disqualification
Chapter 3: Frauds and Illegal Exactions and (13) Article 243 - Orders or Request by Executive
Transactions Officer to Any Judicial Authority
(1) Article 213 - Fraud against the Public Treasury (14) Article 244 - Unlawful Appointments
and Similar Offenses (15) Article 245 - Abuses against Chastity.
(2) Article 215 - Prohibited Transactions
(3) Article 216 - Possession of Prohibited Interest by Remember:
a Public Officer This is one of the instances where the Revised Penal
Code may be given extra-territorial application under
Chapter 4: Malversation of Public Funds and Article 2 (5) thereof.
Properties
(1) Article 217 - Malversation of Public Funds or Crimes under this title can be committed by public
Property - Presumption of Malversation officers or a non-public officer, when the latter
(2) Article 218 - Failure of Accountable Officer to become a conspirator with a public officer, or an
Render Accounts
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The Supreme Court held that not all information not fall under corruption of public officials due
received by counsel from client is classified as to the involuntariness of the act).
privileged.
In the FIRST MODE of bribery, actual receipt of the
A distinction must be made between confidential gift is not necessary.
communications relating to past crimes already
committed, and future crimes intended to be An accepted offer or promise of a gift is sufficient.
committed by the client. [People v. Sandiganbayan] However, if the offer is not accepted, only the person
offering the gift is liable for attempted corruption of
ARTICLE 210 - DIRECT BRIBERY a public officer.
Mode 1. Agreeing to perform, or performing, in
consideration of any offer, promise, gift or In the SECOND MODE of bribery, the gift must be
present; an act constituting a crime, in accepted by the public officer.
connection with the performance of his
official duties; The GIFT must have a value or capable of pecuniary
Mode 2. Accepting a gift in consideration of the estimation. It could be in the form of money, property
execution of an act which does not or services. It cannot consist of a mere offer or
constitute a crime, in connection with the promise of a gift.
performance of his official duty;
Mode 3. Agreeing to refrain, or by refraining, from If the act required of the public officer amounts to a
doing something which is his official duty crime and he commits it, he shall be liable for the
to do, in consideration of gift or promise. penalty corresponding to the crime.
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In the latter case, it is not necessary that the officer Dacumas v. Sandiganbayan expanded the meaning
do any act. It is sufficient that he accepts the gift of “official duties”. It included those which may be in
offered by reason of his office. one’s capacity to perform by reason of his office.
If after receiving the gift, the officer does any act in ARTICLE 212 - CORRUPTION OF PUBLIC OFFICIALS
favor of the giver which is unfair to the others, the Elements:
crime continues to be indirect bribery. (1) Offender makes offers or promises or gives gifts
or presents to a public officer;
Precisely the evil of indirect bribery is in its tendency (2) The offers or promises are made or the gifts or
to produce future, unspecified, and unwarranted presents given to a public officer, under
favors from the official. circumstances that will make the public officer
liable for direct bribery or indirect bribery.
This is always in the consummated stage. There is
no attempted much less frustrated stage in indirect The offender is the giver of the gift or the offeror of
bribery. the promise.
There must be clear intention on the part of the The act may or may not be accomplished.
public officer:
(1) to take the gift offered and CHAPTER III: FRAUDS AND ILLEGAL EXACTIONS
(2) consider the property as his own for that AND TRANSACTIONS
moment.
ARTICLE 213 - FRAUD AGAINST THE PUBLIC TREASURY
Mere physical receipt unaccompanied by any other AND SIMILAR OFFENSES
sign, circumstance or act to show such acceptance is
not sufficient to convict the officer. Mode 1 Entering into an agreement with any
interested party or speculator or making
Public officers receiving gifts and private persons use of any other scheme, to defraud the
giving gifts on any occasion, including Christmas are government, in dealing with any person
liable under PD 46. with regard to furnishing supplies, the
making of contracts, or the adjustment or
ARTICLE 211-A - QUALIFIED BRIBERY settlement of accounts relating to public
property or funds;
Elements:
(1) Offender is a public officer entrusted with law Mode 2 Demanding, directly or indirectly, the
enforcement; payment of sums different from or larger
(2) He refrains from arresting or prosecuting an than those authorized by law, in collection
offender who has committed a crime punishable of taxes, licenses, fees, and other imposts;
by reclusion perpetua and/or death;
(3) Offender refrains from arresting or prosecuting Mode 3 Failing voluntarily to issue a receipt, as
in consideration of any offer, promise, gift, or provided by law, for any sum of money
present. collected by him officially, in the collection
of taxes, licenses, fees and other imposts;
The crime of qualified bribery may be committed
only by public officers “entrusted with enforcement” Mode 4 Collecting or receiving, directly or indirectly, by
(those whose official duties authorize them to arrest way of payment or otherwise, things or
or prosecute offenders). objects of a nature different from that
provided by law, in the collection of taxes,
The penalty is qualified if the public officer is the one licenses, fees and other imposts.
who asks or demands such present.
Elements of Fraud against Public Treasury (par.1):
If the penalty imposed is lower than reclusion (1) That the offender is a public officer
perpetua and/or death had the offender been (2) That he should have taken advantage of his
arrested or the crime prosecuted, the crime is direct public office, that is, he intervened in the
bribery. transaction in his official capacity
(3) That he entered into an agreement with any
The dereliction of the duty punished under Article interested party or speculator or made use of
208 of the Revised Penal Code is absorbed in any other scheme with regard to:
Qualified Bribery.
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Fraud is not necessary. Intervention must be by If the public officer is not accountable for the funds
virtue of the public office held. or property but someone else is, the crime
committed is theft or qualified theft if there is an
The basis here is the possibility that fraud may be abuse of confidence.
committed or that the officer may place his own
interest above that of the government or party he Returning the malversed funds is not exempting, it is
represents. only mitigating.
CHAPTER IV: MALVERSATION OF PUBLIC A person whose negligence made possible the
FUNDS OR PROPERTY commission of malversation by another can be held
liable as a principal by indispensable cooperation
ARTICLE 217 - MALVERSATION OF PUBLIC FUNDS OR
PROPERTY - PRESUMPTION OF MALVERSATION Demand as well as damage to the government are
Mode 1. Appropriating public funds or property; not necessary elements
Mode 2. Taking or misappropriating the same; A private person may also commit malversation
under the following situations:
Mode 3. Consenting, or through abandonment or (1) Conspiracy with a public officer in committing
negligence, permitting any other person to malversation;
take such public funds or property; and (2) When he has become an accomplice or
accessory to a public officer who commits
Mode 4. Being otherwise guilty of the malversation;
misappropriation or malversation of such (3) When the private person is made the custodian
funds or property. in whatever capacity of public funds or property,
whether belonging to national or local
Elements common to all modes: government, and he misappropriates the same;
(1) Offender is a public officer; (4) When he is constituted as the depositary or
(2) He had the custody or control of funds or administrator of funds or property seized or
property by reason of the duties of his office; attached by public authority even though said
(3) Those funds or property were public funds or funds or property belong to a private individual.
property for which he was accountable;
(4) He appropriated, took, misappropriated or Technical malversation (Article 220) is not included
consented or, through abandonment or in the crime of malversation.
negligence, permitted another person to take
them. Presumption of misappropriation: When a demand is
made upon an accountable officer and he cannot
Malversation is also called embezzlement. produce the fund or property involved, there is a
prima facie presumption that he had converted the
The public officer must have official custody or the same to his own use. There must be indubitable
duty to collect or receive funds due the government, proof that thing unaccounted for exists.
or the obligation to account for them.
Audit should be made to determine if there was
It is not necessary that the offender profited for as shortage. Audit must be complete and trustworthy.
long as the accountable officer was remiss in his duty If there is doubt, presumption does not arise.
of safekeeping public funds or property. He is liable
for malversation if such funds were lost or otherwise The accused incurred shortage (P1.74) mainly
misappropriated by another. because the auditor disallowed certain cash
advances the accused granted to employees. But on
It can be committed either with malice or through the same date that the audit was made, he partly
negligence or imprudence. This is one crime in the reimbursed the amount and paid it in full three days
Revised Penal Code where the penalty is the same later.
whether committed with dolo or through culpa.
The Supreme Court considered the circumstances as
The nature of the duties of the public officer, not the negative of criminal intent. The cash advances were
name of the office, is controlling. The funds or made in good faith and out of good will to co-
property must be received in an official capacity. employees which was a practice tolerated in the
Otherwise, the crime committed is estafa.
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office. There was no negligence, malice, nor intent to Demand for accounting is not necessary. It is also not
defraud. [Quizo v. Sandiganbayan] essential that there be misappropriation because if
present, the crime would be malversation.
Estafa with Abuse of
Malversation (Art. 217) ARTICLE 219 - FAILURE OF A RESPONSIBLE PUBLIC
Confidence (Art. 315)
OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE
Funds or property usually Funds/property are COUNTRY
public always private
Elements:
Offender is usually a public Offender is a private (1) Offender is a public officer;
officer who is accountable for individual or even a (2) He is an accountable officer for public funds or
the public funds/property public officer who is property;
not accountable for (3) He unlawfully leaves or attempts to leave the
public funds/property Philippine Islands without securing a certificate
Crime is committed by Crime is committed by from the Commission on Audit showing that his
appropriating, taking, or misappropriating, accounts have been finally settled.
misappropriating/consenting converting, or denying
or through abandonment or having received money, The act of leaving the country must be unauthorized
negligence, permitting any goods or other or not permitted by law.
other person to take the personal property
public funds/property The purpose of the law is to discourage responsible
No element of damage. There is damage. or accountable officers from leaving without first
liquidating their accountability. It is not necessary
Demand not necessary. There is a need for that they really misappropriated public funds.
prior demand.
ARTICLE 220 - ILLEGAL USE OF PUBLIC FUNDS OR
A routine government audit was conducted in Wa- PROPERTY
Acon’s office and it was discovered that the sacks of Elements:
rice entrusted to him for safekeeping were missing. (1) Offender is a public officer;
(2) There are public funds or property under his
Art 217 no longer requires proof by the State that the administration;
accused actually appropriated, took, or (3) Such fund or property were appropriated by law
misappropriated public funds or property; instead, a or ordinance;
presumption, though disputable and rebuttable, was (4) He applies such public fund or property to any
installed upon demand by any duly authorized public use other than for which it was
officer, the failure of a public officer to have duly appropriated for.
forthcoming any public funds or property which said
officer is accountable for should be prima facie Illegal use of public funds or property is also known
evidence that he had put such missing funds or as technical malversation. The term technical
properties to personal use. [People v. Wa-Acon malversation is used because in this crime, the fund
(2006)] or property involved is already appropriated or
earmarked for a certain public purpose.
ARTICLE 218 - FAILURE OF ACCOUNTABLE OFFICER TO
RENDER ACCOUNTS
Regardless of damage or embarrassment to the
Elements: public service.
(1) Offender is public officer, whether in the service
or separated therefrom by resignation or any Technical malversation
other cause; Malversation (Art. 217)
(Art. 220)
(2) He is an accountable officer for public funds or
property; The offender The public officer applies
(3) He is required by law or regulation to render misappropriates public the public funds or
account to the Commission on Audit, or to a funds or property for his property under his
provincial auditor; own personal use, or administration to another
(4) He fails to do so for a period of two months after allows any other person to public use different from
such accounts should be rendered. take such funds or that for which the public
property for the latter’s fund was appropriated by
own personal use. law or ordinance.
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Mode 2. Refusing to make delivery by a public officer This includes allowing prisoners to sleep and eat in
who has been ordered by competent the officer’s house or utilizes the prisoner’s services
authority to deliver any property in his for domestic chores.
custody or under his administration.
The release of a detention prisoner who could not be
Elements: delivered to judicial authorities within the time fixed
(1) Public officer has government funds in his by law is not infidelity in the custody of a prisoner.
possession;
ARTICLE 224 - EVASION THROUGH NEGLIGENCE
(2) He is under obligation to either:
(a) make payment from such funds; Elements:
(b) to deliver any property in his custody or (1) Offender is a public officer;
under his administration (2) He is charged with the conveyance or custody of
(3) He maliciously fails to make the payment or a prisoner or prisoner by final judgment;
refuses to make delivery. (3) Such prisoner escapes through negligence.
(4) He maliciously fails to make the payment.
This covers only positive carelessness and definite
ARTICLE 222 - OFFICERS INCLUDED IN THE PRECEDING laxity which amounts to deliberate non-performance
PROVISIONS of duties.
(1) Private individual who, in any capacity, have The fact that the public officer recaptured the
charge of any national, provincial or municipal prisoner who had escaped from his custody does not
funds, revenue, or property afford complete exculpation.
(2) Administrator or depositary of funds or property
that has been attached, seized or deposited by The liability of an escaping prisoner:
public authority, even if owned by a private (1) If he is a prisoner by final judgment, he is liable
individual. for evasion of service (Art. 157)
(2) If he is a detention prisoner, he does not incur
Sheriffs and receivers fall under the term criminal liability (unless cooperating with the
“administrator.” A judicial administrator in charge of offender).
settling the estate of the deceased is not covered by
ARTICLE 225 - ESCAPE OF PRISONER UNDER THE
the article.
CUSTODY OF A PERSON NOT A PUBLIC OFFICER
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Art. 225 not applicable if a private person was the Damage to public interest is necessary. However,
one who made the arrest and he consented to the material damage is not necessary.
escape of the person he arrested.
Removal is consummated upon taking or secreting
Policeman Rodillas escorted detained prisoner Sacris away of the document from its usual place. It is
to the court. After the court adjourned he let her eat immaterial whether or not the illicit purpose of the
lunch with her family, permitted her to go to the offender has been accomplished.
ladies washroom unescorted and after her escape,
did not report it immediately to his superiors, instead This could cover failure on the part of the post office
he went around looking for her. to forward the letters to their destination.
SC held that he is guilty of the crime in Art 224 for Damage in this article may consist in mere alarm to
being negligent in the performance of his duties the public or in the alienation of its confidence in any
which made the escape of Sacris possible. [People v. branch of the government service.
Rodillas]
ARTICLE 227 - OFFICER BREAKING SEAL
ARTICLE 226 - REMOVAL, CONCEALMENT, OR
Elements:
DESTRUCTION OF DOCUMENTS
(1) Offender is a public officer;
Revelation Of Secrets By An Removal, Concealment or (2) He is charged with the custody of papers or
Officer (Art. 229) Destruction of Documents property;
(Art. 226) (3) These papers or property are sealed by proper
authority;
The papers contain secrets The papers do not contain
(4) He breaks the seal or permits them to be
and therefore should not secrets but their removal is
broken.
be published, and the for an illicit purpose.
public officer having
In "breaking of seal", the word "breaking" should not
charge thereof removes
be given a literal meaning. Even if actually, the seal
and delivers them
was not broken, because the custodian managed to
wrongfully to a third
open the parcel without breaking the seal.
person.
The element of damage is not required.
Elements:
(1) Offender is a public officer; ARTICLE 228 - OPENING OF CLOSED DOCUMENTS
(2) He abstracts, destroys or conceals a document Elements:
or papers; (1) Offender is a public officer;
(3) Said document or papers should have been (2) Any closed papers, documents, or objects are
entrusted to such public officer by reason of his entrusted to his custody;
office; (3) He opens or permits to be opened said closed
(4) Damage, whether serious or not, to a third party papers, documents or objects;
or to the public interest has been caused. (4) He does not have proper authority.
Can only be committed by the public officer who is The act should not fall under 227. Damage also not
made the custodian of the document in his official necessary
capacity.
ARTICLE 229 - REVELATION OF SECRETS BY AN OFFICER
If the officer was placed in possession of the
document but it is not his duty to be the custodian Mode 1. Revealing any secrets known to the
thereof, this crime is not committed. offending public officer by reason of his
official capacity;
The document must be complete and one by which a
right could be established or an obligation could be Elements:
extinguished. (1) Offender is a public officer;
(2) He knows of a secret by reason of his official
If the writings are mere forms, there is no crime. capacity;
(3) He reveals such secret without authority or
justifiable reasons;
(4) Damage, great or small, is caused to the public
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interest.
CHAPTER VI: OTHER OFFENSES OR
Mode 2. Wrongfully delivering papers or copies of IRREGULARITIES BY PUBLIC OFFICERS
papers of which he may have charge and
ARTICLE 231 - OPEN DISOBEDIENCE
which should not be published.
Elements:
Elements: (1) Officer is a judicial or executive officer;
(1) Offender is a public officer; (2) There is a judgment, decision or order of a
(2) He has charge of papers; superior authority;
(3) Those papers should not be published; (3) Such judgment, decision or order was made
(4) He delivers those papers or copies thereof to a within the scope of the jurisdiction of the
third person; superior authority and issued with all the legal
(5) The delivery is wrongful; formalities;
(6) Damage is caused to public interest. (4) He, without any legal justification, openly
refuses to execute the said judgment, decision or
Espionage is not contemplated in this article since order, which he is duty bound to obey.
revelation of secrets of the State to a belligerent
nation is already defined in Art 117 and CA 616. ARTICLE 232 - DISOBEDIENCE TO THE ORDER OF
SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED
Secrets must affect public interest. Secrets of private BY INFERIOR OFFICER
persons are not included. Elements:
(1) Offender is a public officer;
“Charge”: means custody or control. If he is merely (2) An order is issued by his superior for execution;
entrusted with the papers and not with the custody (3) He has for any reason suspended the execution
thereof, he is not liable under this article. of such order;
(4) His superior disapproves the suspension of the
If the papers contain secrets which should not be execution of the order;
published, and the public officer having charge (5) Offender disobeys his superior despite the
thereof removes and delivers them wrongfully to a disapproval of the suspension.
third person, the crime is revelation of secrets.
This does not apply if the order of the superior is
On the other hand, if the papers do not contain illegal.
secrets, their removal for an illicit purpose is infidelity
in the custody of documents. ARTICLE 233 - REFUSAL OF ASSISTANCE
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Abandonment of Office or
Dereliction of Duty The disobedient officer is liable even if the
Position
(Art. 208) jurisdictional question is resolved in his favor.
(Art. 238)
resignation to evade the merely fails to prosecute a ARTICLE 243 - ORDERS OR REQUEST BY EXECUTIVE
discharge of duties violation of the law. OFFICER TO ANY JUDICIAL AUTHORITY
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(1) Offender is a public officer; (c) "Receiving any gift" includes the act of accepting
(2) He solicits or makes immoral or indecent directly or indirectly a gift from a person other than a
advances to a woman; member of the public officer's immediate family, in
(3) Such woman is – behalf of himself or of any member of his family or
(a) interested in matters pending before the relative within the fourth civil degree, either by
offender for decision, or with respect to which he consanguinity or affinity, even on the occasion of a
is required to submit a report to or consult with a family celebration or national festivity like Christmas,
superior officer; or if the value of the gift is under the circumstances
(b) under the custody of the offender who is a manifestly excessive.
warden or other public officer directly charged
with the care and custody of prisoners or (d) "Person" includes natural and juridical persons,
persons under arrest; or unless the context indicates otherwise.
(c) the wife, daughter, sister or relative within the
same degree by affinity of the person in the Section 3.Corrupt practices of public officers. In
custody of the offender. addition to acts or omissions of public officers
already penalized by existing law, the following shall
The crime is consummated by mere proposal. constitute corrupt practices of any public officer and
are hereby declared to be unlawful:
The mother of the person in the custody of the public
officer is not included but the offender may be (a) Persuading, inducing or influencing another
prosecuted under the Section 28 of RA 3019 (Anti- public officer to perform an act constituting a
Graft and Corrupt Practices Act). violation of rules and regulations duly promulgated
by competent authority or an offense in connection
If the offender were not the custodian, then crime with the official duties of the latter, or allowing
would fall under Republic Act No. 3019 (The Anti- himself to be persuaded, induced, or influenced to
Graft and Corrupt Practices Act). commit such violation or offense.
Solicit: means to propose earnestly and persistently (b) Directly or indirectly requesting or receiving any
something unchaste and immoral to a woman. The gift, present, share, percentage, or benefit, for
advances must be immoral or indecent. himself or for any other person, in connection with
any contract or transaction between the Government
Proof of solicitation is not necessary when there is and any other part, wherein the public officer in his
sexual intercourse. official capacity has to intervene under the law.
Abuse against chastity is not absorbed in rape (c) Directly or indirectly requesting or receiving any
because the basis of penalizing the acts is different gift, present or other pecuniary or material benefit,
from each other for himself or for another, from any person for whom
the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any
RA 3019: ANTI-GRAFT AND CORRUPT PRACTICES
Government permit or license, in consideration for
Section 2.Definition of terms. As used in this Act, the help given or to be given, without prejudice to
that term Section thirteen of this Act.
(a) "Government" includes the national government, (d) Accepting or having any member of his family
the local governments, the government-owned and accept employment in a private enterprise which has
government-controlled corporations, and all other pending official business with him during the
instrumentalities or agencies of the Republic of the pendency thereof or within one year after its
Philippines and their branches. termination.
(b) "Public officer" includes elective and appointive (e) Causing any undue injury to any party, including
officials and employees, permanent or temporary, the Government, or giving any private party any
whether in the classified or unclassified or exempt unwarranted benefits, advantage or preference in
service receiving compensation, even nominal, from the discharge of his official administrative or judicial
the government as defined in the preceding functions through manifest partiality, evident bad
subparagraph. faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or
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government corporations charged with the grant of confidential information referred to in subparagraph
licenses or permits or other concessions. (k) of this section shall, together with the offending
public officer, be punished under Section nine of this
(f) Neglecting or refusing, after due demand or Act and shall be permanently or temporarily
request, without sufficient justification, to act within disqualified in the discretion of the Court, from
a reasonable time on any matter pending before him transacting business in any form with the
for the purpose of obtaining, directly or indirectly, Government.
from any person interested in the matter some
pecuniary or material benefit or advantage, or for the Section 4.Prohibition on private individuals. (a) It
purpose of favoring his own interest or giving undue shall be unlawful for any person having family or
advantage in favor of or discriminating against any close personal relation with any public official to
other interested party. capitalize or exploit or take advantage of such family
or close personal relation by directly or indirectly
(g) Entering, on behalf of the Government, into any requesting or receiving any present, gift or material
contract or transaction manifestly and grossly or pecuniary advantage from any other person
disadvantageous to the same, whether or not the having some business, transaction, application,
public officer profited or will profit thereby. request or contract with the government, in which
such public official has to intervene. Family relation
(h) Director or indirectly having financing or shall include the spouse or relatives by consanguinity
pecuniary interest in any business, contract or or affinity in the third civil degree. The word "close
transaction in connection with which he intervenes or personal relation" shall include close personal
takes part in his official capacity, or in which he is friendship, social and fraternal connections, and
prohibited by the Constitution or by any law from professional employment all giving rise to intimacy
having any interest. which assures free access to such public officer.
(i) Directly or indirectly becoming interested, for (b) It shall be unlawful for any person knowingly to
personal gain, or having a material interest in any induce or cause any public official to commit any of
transaction or act requiring the approval of a board, the offenses defined in Section 3 hereof.
panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes Section 5.Prohibition on certain relatives. It shall be
against the same or does not participate in the unlawful for the spouse or for any relative, by
action of the board, committee, panel or group. consanguinity or affinity, within the third civil degree,
of the President of the Philippines, the Vice-
Interest for personal gain shall be presumed against President of the Philippines, the President of the
those public officers responsible for the approval of Senate, or the Speaker of the House of
manifestly unlawful, inequitable, or irregular Representatives, to intervene, directly or indirectly, in
transaction or acts by the board, panel or group to any business, transaction, contract or application
which they belong. with the Government: Provided, That this section
shall not apply to any person who, prior to the
(j) Knowingly approving or granting any license, assumption of office of any of the above officials to
permit, privilege or benefit in favor of any person not whom he is related, has been already dealing with
qualified for or not legally entitled to such license, the Government along the same line of business, nor
permit, privilege or advantage, or of a mere to any transaction, contract or application already
representative or dummy of one who is not so existing or pending at the time of such assumption of
qualified or entitled. public office, nor to any application filed by him the
approval of which is not discretionary on the part of
(k) Divulging valuable information of a confidential the official or officials concerned but depends upon
character, acquired by his office or by him on account compliance with requisites provided by law, or rules
of his official position to unauthorized persons, or or regulations issued pursuant to law, nor to any act
releasing such information in advance of its lawfully performed in an official capacity or in the
authorized release date. exercise of a profession.
The person giving the gift, present, share, Section 6.Prohibition on Members of Congress. It
percentage or benefit referred to in subparagraphs shall be unlawful hereafter for any Member of the
(b) and (c); or offering or giving to the public officer Congress during the term for which he has been
the employment mentioned in subparagraph (d); or elected, to acquire or receive any personal pecuniary
urging the divulging or untimely release of the interest in any specific business enterprise which will
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be directly and particularly favored or benefited by manifestly out of proportion to his salary and other
any law or resolution authored by him previously lawful income.
approved or adopted by the Congress during the
same term. Any complaining party at whose complaint the
criminal prosecution was initiated shall, in case of
The provision of this section shall apply to any other conviction of the accused, be entitled to recover in
public officer who recommended the initiation in the criminal action with priority over the forfeiture in
Congress of the enactment or adoption of any law or favor of the Government, the amount of money or
resolution, and acquires or receives any such interest the thing he may have given to the accused, or the
during his incumbency. fair value of such thing.
It shall likewise be unlawful for such member of (b) Any public officer violating any of the provisions
Congress or other public officer, who, having such of Section 7 of this Act shall be punished by a fine of
interest prior to the approval of such law or not less than one thousand pesos nor more than five
resolution authored or recommended by him, thousand pesos, or by imprisonment not exceeding
continues for thirty days after such approval to retain one year six months, or by both such fine and
such interest. imprisonment, at the discretion of the Court.
Section 8.Prima facie evidence of and dismissal due The violation of said section proven in a proper
to unexplained wealth. — If in accordance with the administrative proceeding shall be sufficient cause
provisions of Republic Act Numbered One thousand for removal or dismissal of a public officer, even if no
three hundred seventy-nine, a public official has criminal prosecution is instituted against him.
been found to have acquired during his incumbency,
whether in his name or in the name of other persons, Section 13.Suspension and loss of benefits.
an amount of property and/or money manifestly out Any incumbent public officer against whom any
of proportion to his salary and to his other lawful criminal prosecution under a valid information under
income, that fact shall be a ground for dismissal or this Act or under Title 7, Book II of the Revised Penal
removal. Properties in the name of the spouse and Code or for any offense involving fraud upon
dependents of such public official may be taken into government or public funds or property whether as a
consideration, when their acquisition through simple or as complex offense and in whether stage of
legitimate means cannot be satisfactorily shown. execution and mode of participation, is pending in
Bank deposits in the name of or manifestly excessive court, shall be suspended from office. Should he be
expenditures incurred by the public official, his convicted by final judgment, he shall lose all
spouse or any of their dependents including but not retirement or gratuity benefits under any law, but if
limited to activities in any club or association or any he is acquitted, he shall be entitled to reinstatement
ostentatious display of wealth including frequent and to the salaries and benefits which he failed to
travel abroad of a non-official character by any receive during suspension, unless in the meantime
public official when such activities entail expenses administrative proceedings have been filed against
evidently our of proportion to legitimate income, him.
shall likewise be taken into consideration in the
enforcement of this section, notwithstanding any “In the event that such convicted officer, who may
provision of law to the contrary. The circumstances have already been separated from the service, has
hereinabove mentioned shall constitute valid ground already received such benefits he shall be liable to
for the administrative suspension of the public restitute the same to the Government.
official concerned for an indefinite period until the
investigation of the unexplained wealth is Section 14.Exception. Unsolicited gifts or presents of
completed. small or insignificant value offered or given as a
mere ordinary token of gratitude or friendship
Section 9.Penalties for violations. according to local customs or usage, shall be
(a) any public officer or private person committing excepted from the provisions of this Act.
any of the unlawful acts or omissions enumerated in
Sections 3, 4, 5 and 6 of this Act shall be punished Nothing in this Act shall be interpreted to prejudice
with imprisonment for not less than six years and or prohibit the practice of any profession, lawful
one month nor more than fifteen years, perpetual trade or occupation by any private person or by any
disqualification from public office, and confiscation public officer who under the law may legitimately
or forfeiture in favor of the Government of any practice his profession, trade or occupation, during
prohibited interest and unexplained wealth his incumbency, except where the practice of such
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profession, trade or occupation involves conspiracy 6) By taking undue advantage of official position,
with any other person or public official to commit any authority, relationship, connection or influence to
of the violations penalized in this Act. unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino
RA 7080: ANTI-PLUNDER ACT people and the Republic of the Philippines.
Section 1. Definition of Terms - As used in this Act,
the term Section 2. Definition of the Crime of Plunder;
a) Public Officer means any person holding any Penalties - Any public officer who, by himself or in
public office in the Government of the Republic of connivance with members of his family, relatives by
the Philippines by virtue of an appointment, election affinity or consanguinity, business associates,
or contract. subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a
b) Government includes the National Government, combination or series of overt or criminal acts as
and any of its subdivisions, agencies or described in Section 1(d) hereof, in the aggregate
instrumentalities, including government-owned or - amount or total value of at least Seventy-five million
controlled corporations and their subsidiaries. pesos (P75,000,000.00), shall be guilty of the crime
of plunder and shall be punished by life
c) Person includes any natural or juridical person, imprisonment with perpetual absolute
unless the context indicates otherwise. disqualification from holding any public office. Any
person who participated with said public officer in
d) Ill-gotten wealth means any asset, property, the commission of plunder shall likewise be
business enterprise or material possession of any punished. In the imposition of penalties, the degree
person within the purview of Section Two (2) hereof, of participation and the attendance of mitigating and
acquired by him directly or indirectly through extenuating circumstances shall be considered by
dummies, nominees, agents, subordinates and/or the court. The court shall declare any and all ill-
business associates by any combination or series of gotten wealth and their interests and other incomes
the following means or similar schemes: and assets including the properties and shares of
stock derived from the deposit or investment thereof
1) Through misappropriation, conversion, misuse, or forfeited in favor of the State.
malversation of public funds or raids on the public
treasury; RA 9372: HUMAN SECURITY ACT
(Refer to Title I)
2) By receiving, directly or indirectly, any commission,
gift, share, percentage, kickbacks or any other form
of pecuniary benefit from any person and/or entity in
connection with any government contract or project
or by reason of the office or position of the public Title VIII. Crimes against
officer concerned; Persons
3) By the illegal or fraudulent conveyance or
disposition of assets belonging to the National Chapter I: Destruction of Life
Government or any of its subdivisions, agencies or (1) Article 246 – Parricide
instrumentalities or government-owned or - (2) Article 247 - Death or Physical Injuries Under
controlled corporations and their subsidiaries; Exceptional Circumstances
(3) Article 248 – Murder
4) By obtaining, receiving or accepting directly or (4) Article 249 – Homicide
indirectly any shares of stock, equity or any other (5) Article 250 - Penalty for Frustrated Parricide,
form of interest or participation including promise of Murder or Homicide
future employment in any business enterprise or (6) Article 251 - Death Caused in Tumultuous Affray
undertaking; (7) Article 252 - Physical Injuries Caused in
Tumultuous Affray
5) By establishing agricultural, industrial or (8) Article 253 - Giving Assistance to Suicide
commercial monopolies or other combinations (9) Article 254 - Discharge of Firearms
and/or implementation of decrees and orders (10) Article 255 – Infanticide
intended to benefit particular persons or special (11) Article 256 - Intentional Abortion
interests; or (12) Article 257 - Unintentional Abortion
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(13) Article 258 - Abortion Practiced by the Woman parricide but only homicide or murder, as the case
Herself or by Parents may be.
(14) Article 259 - Abortion by a Physician or Midwife
and Dispensing of Abortives The key element in parricide is the relationship of the
(15) Article 260 - Responsibility of Participants in a offender with the victim. Ergo, the fact of the
Duel relationship should be alleged in the information.
(16) Article 261 - Challenging to a Duel [People vs. Dalag]
Chapter II: Physical Injuries Since the accused’s relationship to the victim is not
(1) Article 262 – Mutilation alleged in the information, she can be convicted of
(2) Article 263 - Serious Physical Injuries murder only. Relationship can be appreciated as a
(3) Article 264 - Administering Injurious Substances generic aggravating circumstance onlyl. [People v.
or Beverages Jumawan]
(4) Article 265 - Less Serious Physical Injuries
(5) Article 266 - Slight Physical Injuries and ARTICLE 247 - DEATH OR PHYSICAL INJURIES UNDER
Maltreatment EXCEPTIONAL CIRCUMSTANCES
(6) Article 266-A - Rape (amended by RA 8353) Elements:
(1) A legally married person, or a parent, surprises
About this Title: The essence of crimes involves the his spouse or his daughter, the latter under 18
taking of human life, destruction of the fetus, or years of age and living with him in the act of
inflicting injuries. sexual intercourse with another person;
(2) He or she kills any or both of them, or inflicts
CHAPTER I DESTRUCTION OF LIFE upon any or both of them any serious physical
injury in the act or immediately thereafter;
ARTICLE 246 - PARRICIDE (3) He has not promoted or facilitated the
Elements: prostitution of his wife or daughter, or that she
(1) Person is killed; has not consented to the infidelity of the other
(2) Deceased is killed by the accused; spouse.
(3) Deceased is the
(a) legitimate/illegitimate father “Living with parent(s)” is understood to be in their
(b) legitimate/illegitimate mother own dwelling.
(c) legitimate/illegitimate child
* should not be less than 3 days old, If done in a motel, article does not apply.
otherwise crime is infanticide
(d) other legitimate ascendant “Surprise” means “to come upon suddenly and
(e) other legitimate descendant unexpectedly.”
(f) legitimate spouse.
Immediately thereafter: there is no set time as
Essential element: relationship of offender with the jurisprudence has held 1 hour or even 4 hours as
victim; except for spouses, only relatives by blood “immediately thereafter”. However, the act done
and in direct line. Hence, adopted are not included. must be a direct result of the outrage of the
[Reyes] cuckolded spouse, and a continuous act from the
moment of the surprising.
Supreme Court ruled that Muslim husbands with
several wives can be convicted of parricide only in Article does not apply: If the surprising took place
case the first wife is killed. before any actual sexual intercourse could be done.
Destierro for killer spouse is not so much a penalty as
Parricide when the penalty shall not be reclusion it is meant to protect him from acts of reprisal by
perpetua to death: relatives of dead spouse. This is because law regards
(1) Reckless or simple imprudence (Art. 365) the act done in 247 as a lawful action.
(2) Parricide by mistake (Art. 49)
(3) Parricide under exceptional circumstances No criminal liability when less serious or slight
(Art. 247) physical injuries are inflicted.
A stranger who cooperates and takes part in the Does this article apply even if the daughter is
commission of the crime of parricide, is not guilty of married? Although the article does not use the word
“unmarried,” this article applies only when the
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daughter is single because while under 18 and single, destructive cyclone, epidemic, or any other
she is still under parental authority. If she is married, public calamity;
her husband alone can claim the benefits of this (e) with evident premeditation;
article. (f) with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
Evidence of the victim’s promiscuity is outraging or scoffing at his person or
inconsequential to the killing. The offender must corpse.
prove that he actually surprised his wife and [her (4) The killing is not parricide or infanticide.
paramour] in flagrante delicto, and that he killed the
man during or immediately thereafter. [People v. One attendant qualifying circumstance is enough. If
Puedan] there are more than one alleged in the information
for murder, only one will qualify the killing to murder
The killing must be the direct result of the outrage and the other circumstances will be taken as generic
suffered by the cuckolded husband. aggravating circumstance.
Although about one hour had passed between the Any of the qualifying circumstances enumerated in
time the accused discovered his wife having sexual Art. 248 must be alleged in the information. When
intercourse with the victim and the time the latter the other circumstances are absorbed or included in
was actually killed, it was held that Article 247 was one qualifying circumstance, they cannot be
applicable, as the shooting was a continuation of the considered as generic aggravating.
pursuit of the victim by the accused.
When the victim is already dead, intent to kill
Inflicting death under exceptional circumstances is becomes irrelevant. It is important only if the victim
not murder. did not die to determine if the felony is physical injury
or attempted or frustrated homicide.
Two other persons suffered physical injuries as they
were caught in the crossfire when the accused shot TREACHERY
the victim. A complex crime of double frustrated The essence of treachery is that the offended party
murder was not committed as the accused did not was denied the chance to defend himself because of
have the intent to kill the two victims. Here, the the means, methods, deliberately adopted by the
accused did not commit murder when he fired at the offender and were not merely incidental to the
paramour of his wife. No aberratio ictus because he killing.
was acting lawfully. [People v. Abarca]
Killing of a child of tender age is murder qualified by
ARTICLE 248 - MURDER treachery.
Elements:
(1) Person was killed; Abuse of superior strength is inherent in and
(2) Accused killed him; comprehended by the circumstance of treachery or
(3) Killing attended by any of the following forms part of treachery.
2 2
qualifying circumstances – (EPIC SW AT)
(a) with treachery, taking advantage of superior FIRE
strength, with the aid of armed men, or When a person is killed by fire, the primordial
employing means to weaken the defense, or criminal intent of the offender is considered.
of means or persons to insure or afford
impunity; If the primordial criminal intent of the offender is to
(b) in consideration of a price, reward or kill and fire was only used as a means to do so, the
promise; crime is only murder.
(c) by means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel, If the primordial criminal intent of the offender is to
derailment or assault upon a railroad, fall of destroy property with the use of pyrotechnics and
an airship, by means of motor vehicles, or incidentally, somebody within the premises is killed,
with the use of any other means involving the crime is arson with homicide, a single indivisible
great waste and ruin; crime penalized under Article 326, which is death as
(d) on occasion of any of the calamities a consequence of arson.
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano,
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Intent to kill must be present for the use of fire to be Use of unlicensed firearm is an aggravating
appreciated as a qualifying circumstance. Intending circumstance in homicide.
to make fun of a mentally-disabled person, Pugay
poured gasoline on the latter while Samson set him Intent to kill is conclusively presumed when death
on fire. The victim died. resulted. Evidence of intent to kill is important only in
attempted or frustrated homicide.
There was no animosity between the two accused
and the victim such that it cannot be said that they In attempted or frustrated homicide, there is intent
resort to fire to kill him. It was merely a part of their to kill. In physical injuries, there is none. However, if
fun making but because their acts were felonious, as a result of the physical injuries inflicted, the victim
they are criminally liable. [People v. Pugay and died, the crime will be homicide because the law
Samson] presumes intent to kill and punishes the result, and
not the intent of the act. The accused will, however,
POISON be entitled to the mitigating circumstance of lack of
Treachery and evident premeditation are inherent in intent to commit so grave a wrong.
murder by poison only if the offender has the intent
to kill the victim by use of poison. Physical injuries sufficient to cause death are one of
the essential elements of frustrated homicide.
EVIDENT PREMEDITATION
Act of the offender manifestly indicating that he In accidental homicide wherein death of a person is
clung to his determination to kill his victim. brought about by a lawful act performed with proper
care and skill and without homicidal intent, there is
Evident premeditation is absorbed in price, reward or no liability.
promise, if without the premeditation the inductor
would not have induced the other to commit the act There is no offense of frustrated homicide through
but not as regards the one induced. imprudence.
Accused pharmacist prepared the medicine on
prescription but erroneously used a highly poisonous
Pariseo Tayag was shot dead by several policemen in substance. When taken by the patient, the latter
the course of their pursuit to get his fan knife. nearly died. Accused is guilty only of reckless
imprudence resulting in serious physical injuries.
Although it has not been shown which of the
policemen fired the fatal shot each should be held The element of intent to kill in frustrated homicide is
guilty of murder since they are in conspiracy to effect incompatible with negligence or imprudence. [People
the death of the victim. [People v. Buensuceso (1984)] v. Castillo]
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For attempted parricide, homicide, or murder, the tumultuous disturbance, or if property was
courts, in view of the facts of the case may impose a destroyed, it could be malicious mischief.
penalty by one degree than that imposed under Art.
51. ARTICLE 252 - PHYSICAL INJURIES CAUSED IN
TUMULTUOUS AFFRAY
Art. 51 provides that the penalty lower by two Elements:
degrees than that prescribed by law for the (1) There is a tumultuous affray;
consummated felony shall be imposed upon the (2) A participant or some participants thereof
principal in an attempted felony. Thus, under Art. suffered serious physical injuries or physical
250, the court can impose a penalty of THREE injuries of a less serious nature only;
DEGREES LOWER for attempted parricide, murder, (3) The person responsible thereof cannot be
or homicide. identified;
(4) All those who appear to have used violence
NOTE: Any attempt on, or conspire against, the life upon the person of the offended party are
of the Chief Executive of the Philippines or that of known.
any member of his family, or against the life of any
member of his cabinet or that of any member of the Unlike in Article 251, the injured party in this article
latter’s family, shall suffer the penalty of death. must be one or some of the participants in the affray.
ARTICLE 251 - DEATH CAUSED IN TUMULTUOUS AFFRAY
All those who appear to have used violence shall
Elements: suffer the penalty next lower in degree than that
(1) There are several persons; provided for the serious physical injuries inflicted. For
(2) They do not compose groups organized for the less serious physical injuries, the penalty is arresto
common purpose of assaulting and attacking mayor from five to fifteen days.
each other reciprocally;
(3) These several persons quarreled and assaulted Physical injury should be serious or less serious.
one another in a confused and tumultuous
manner; No crime of physical injuries resulting from a
(4) Someone was killed in the course of the affray; tumultuous affray if the physical injury is only slight.
(5) It cannot be ascertained who actually killed the
deceased; Slight physical injury is considered as inherent in a
(6) The person or persons who inflicted serious tumultuous affray.
physical injuries or who used violence can be
identified. ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE
Mode 1: Assisting another to commit suicide,
Tumultuous affray is a commotion in a confused whether the suicide is consummated or
manner to an extent that it would not be possible to not;
identify who the killer is if death results, or who Mode 2: Lending his assistance to another to
inflicted the serious physical injury, but the person or commit suicide to the extent of doing the
persons who used violence are known. killing himself.
Who are liable? Giving assistance to suicide means giving means
(a) The person or persons who inflicted the serious (arms, poison, etc.) or whatever manner of positive
physical injuries and direct cooperation (intellectual aid, suggestions
(b) If it is not known who inflicted the serious regarding the mode of committing suicide, etc.).
physical injuries on the deceased, all persons
who used violence upon the person of the victim If the person does the killing himself, the penalty is
are liable. similar to that of homicide, which is reclusion
temporal.
If there is conspiracy, this crime is not committed.
The crime would be murder or homicide. The relation of the offender to the person
committing suicide is not material, the law does not
If nobody could still be traced to have employed distinguish. Hence, penalty would be the same if the
violence upon the victim, nobody will answer. offender is the father, mother or child.
The crimes committed might be disturbance of
public order, or if participants are armed, it could be
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A doctor who resorts to euthanasia of his patient If the child is abandoned without any intent to kill
may be liable for murder. But if the patient himself and death results as a consequence, the crime
asks to be killed by his doctor, this Article applies. committed is not infanticide but abandonment under
Article 276.
ARTICLE 254 - DISCHARGE OF FIREARMS
Elements: No crime of infanticide is committed when the child
(1) Offender discharges a firearm against or at was born dead, or although born alive, it could not
another person. sustain an independent life when it was killed.
(2) Offender has no intention to kill that
ARTICLE 256 - INTENTIONAL ABORTION
person.
Elements:
No crime if firearm is not discharged. It is essential (1) There is a pregnant woman;
for prosecution to prove that the discharge of firearm (2) Violence is exerted, or drugs or beverages
was directed precisely against the offended party. administered, or that the accused otherwise acts
upon such pregnant woman;
The crime is discharge of firearm, even if the gun was (3) As a result of the use of violence or drugs or
not pointed at the offended party when it fired, as beverages upon her, or any other act of the
long as it was initially aimed by the accused at or accused, the fetus dies, either in the womb or
against the offended party after having been expelled therefrom;
(4) The abortion is intended.
If there is intention to kill, it may be classified as
attempted parricide, murder, or homicide. Ways of committing intentional abortion
(1) Using any violence upon the person of the
No presumed intent to kill if the distance is 200 pregnant woman;
meters. (2) Acting, but without using violence, without the
consent of the woman. (By administering drugs
There is a special complex crime of illegal discharge or beverages upon such pregnant woman
of firearm with serious or less serious physical without her consent.)
injuries. (3) Acting (by administering drugs or beverages),
with the consent of the pregnant woman.
ARTICLE 255 - INFANTICIDE
Elements: ABORTION vs. INFANTICIDE
(1) A child was killed by the accused; Abortion Infanticide
(2) The deceased child was less than 3 days Fetus could not sustain Fetus could sustain an
old. independent life. No independent life after
legal viability. separation from the
If the offender is the parent and the victim is less mother’s womb.
than three days old, the crime is infanticide and not
parricide. If the mother as a consequence of abortion suffers
death or physical injuries, you have a complex crime
The fact that the killing was done to conceal her of murder or physical injuries and abortion.
dishonor will not mitigate the criminal liability
anymore because concealment of dishonor in killing In intentional abortion, the offender must know of
the child is not mitigating in parricide. the pregnancy because the particular criminal intent
is to cause an abortion.
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If the woman turns out not to be pregnant and The accused must have merely intended to kill the
someone performs an abortion upon her, he is liable victim but not necessarily to cause abortion.
for an impossible crime if the woman suffers no
physical injury. The accused is liable for complex crime of parricide
with unintentional abortion for it was merely
If she dies or suffers injuries, the crime will be incidental to the killing. [People v. Salufrania (1988)]
homicide, serious physical injuries, etc.
For the crime of abortion, even unintentional, to be
Frustrated abortion is committed if the fetus that is held committed, the accused must have known of
expelled is viable and, therefore, not dead as the pregnancy. [People v. Carnaso]
abortion did not result despite the employment of
adequate and sufficient means to make the pregnant ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN
woman abort. HERSELF OR BY PARENTS
Elements:
ARTICLE 257 - UNINTENTIONAL ABORTION
(1) There is a pregnant woman who has suffered an
Elements: abortion;
(1) There is a pregnant woman; (2) Abortion is intended;
(2) Violence is used upon such pregnant woman (3) Abortion is caused by –
without intending an abortion; (a) The pregnant woman herself;
(3) The violence is intentionally exerted; (b) Any other person, with her consent; or
(4) Result of violence – fetus dies, either in the (c) Any of her parents, with her consent for the
womb or expelled therefrom. purpose of concealing her dishonour.
Unintentional abortion requires physical violence If the purpose of abortion is to conceal dishonor,
inflicted deliberately and voluntarily by a third mitigation applies only to pregnant woman and not
person upon the pregnant woman, without intention to parents of pregnant woman, unlike in infanticide.
to cause the abortion.
If the purpose of parents is not to conceal dishonor,
If the pregnant woman aborted because of the crime is intentional abortion.
intimidation, the crime committed is not
unintentional abortion because there is no violence; Liability of the pregnant woman is mitigated if
the crime committed is light threats. purpose is to conceal dishonor.
If the pregnant woman was killed by violence by her No mitigation for parents of pregnant woman even if
husband, the crime committed is the complex crime the purpose is to conceal dishonor. The penalty for
of parricide with unlawful abortion. the parents in this case is the same as the penalty for
a pregnant woman committing abortion, without the
Unintentional abortion may be committed through purpose of concealing dishonor.
negligence as it is enough that the use of violence be
voluntary. ARTICLE 259 - ABORTION BY A PHYSICIAN OR MIDWIFE
AND DISPENSING OF ABORTIVES
If the act of violence is not felonious, that is, act of Elements:
self-defense, and there is no knowledge of the (1) There is a pregnant woman who has suffered an
woman’s pregnancy, there is no liability. abortion;
(2) The abortion is intended;
(3) Offender, who must be a physician or midwife,
Jose is declared guilty of the crime of unintentional caused or assisted in causing the abortion;
abortion through reckless imprudence for having (4) Said physician or midwife took advantage of his
bumped a calesa which resulted in a pregnant or her scientific knowledge or skill.
woman bumping her abdomen against the wall of
the calesa and eventually led to an abortion. [People The penalties provided for intentional abortion shall
v. Jose] be imposed in the maximum period for physicians
and midwives violating this article.
Mere boxing of the stomach taken together with the
immediate strangling of the victim in a fight, is not
sufficient proof to show an intent to cause abortion.
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Reason: heavier guilt in making use of their If these are not the conditions of the fight, it is not a
knowledge for the destruction of human life, when it duel in the sense contemplated in the Revised Penal
should be used only for its preservation. Code.
If the abortion is produced by a physician to save the It will be a quarrel and anyone who killed the other
life of the mother, there is no liability. will be liable for homicide or murder, as the case may
be.
Elements (for pharmacists):
(1) The offender is a pharmacist; ARTICLE 261 - CHALLENGING TO A DUEL
(2) There is no proper prescription from a physician; Mode 1. Challenging another to a duel;
(3) The offender dispenses any abortive. Mode 2. Inciting another to give or accept a challenge
to a duel;
Article punishes a pharmacist who merely dispenses Mode 3. Scoffing at or decrying another publicly for
with an abortive without the proper prescription of a having refused to accept a challenge to fight a
physician. duel.
It is not necessary that the pharmacist knows that Persons Responsible under Art. 261:
the abortive would be used to cause an abortion. (1) Challenger
What is punished is the dispensing of the abortive (2) Instigators
without the proper prescription. It is not necessary
that the abortive be actually used either. If one challenges another to a duel by shouting
“Come down, Olympia, let us measure your prowess.
If pharmacist knew that the abortive would be use for We will see whose intestines will come out. You are a
abortion, her would be liable as an accomplice in the coward if you do not come down”, the crime of
crime of abortion. challenging to a duel is not committed.
ARTICLE 260 - RESPONSIBILITY OF PARTICIPANTS IN A
What is committed is the crime of light threats under
DUEL
Article 285, paragraph 1 of the Revised Penal
Mode 1: Killing one’s adversary in a duel; Code.[People v. Tacomoy]
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Levels of Penalty: When the injured person, in Deformity by loss of teeth refers to injury which
consequence of the physical injuries inflicted— cannot be repaired by the action of nature. Loss of
(1) becomes insane, imbecilic, impotent or blind both outer ears is a deformity. Loss of the lobule of
(2) loses the use of speech or the power to hear or the ear is a deformity. Loss of index and middle
to smell, or loses an eye, a hand, afoot, an arm, fingers only is either deformity or loss of a member,
or a leg; not a principal one, of his body or use of the same.
(3) loses the use of any such member; Loss of power to hear of right ear only is loss of use
(4) becomes incapacitated for the work in which he of other part of body.
was theretofore habitually engaged, in
consequence of the physical injuries inflicted; Illness – when the wound inflicted did not heal with a
(5) becomes deformed; or certain period of time.
(6) loses any other member of his body;
(7) loses the use thereof; or Note that under serious physical injuries of the fourth
(8) becomes ill or incapacitated for the performance type, illness or incapacity is required, NOT medical
of the work in which he was habitually engaged attendance.
for more than 90 days in consequence of the
physical injuries inflicted; Paragraphs 2 and 3 refers to the “work in which he
(9) becomes ill or incapacitated for labor for more was theretofore habitually engaged
than 30 days (but must not be more than 90
days), as a result of the physical injuries inflicted. Must the injured party have an avocation at the time
at the time of the injury? YES, insofar as these two
In physical injuries, there must not be intent to kill, paragraphs are concerned.
otherwise the crime is frustrated/attempted murder
or homicide as the case may be. Incapacity therefore must related to a certain kind of
work only.
Impotence under first type means an inability to
copulate. It is used synonymously with ‘sterility’. However, in paragraph 4, incapacity for any kind of
Penalty under the first type is one degree higher work is acceptable, because the phrase “incapacity
when the victim is under 12 years of age. for labor” is used.
Blindness under the second type must be of two Injury requiring hospitalization for more than thirty
eyes. If there is loss of one eye only, the serious days is serious physical injuries under paragraph 4.
physical injuries is of the second type.
When the category of the offense of serious physical
Loss of power to hear under the second type must be injuries depends on the period of illness or incapacity
of both ears. If hearing in only one ear is lost, it falls for labor, there must be evidence of the length of
under the third type.
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that period; otherwise, the offense is only slight (c) The ugliness will not disappear through
physical injuries. natural healing process.
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Crime against chastity Crime against persons Accused is only liable for ATTEMPTED RAPE.
nd
May be committed by a Under the 2 type,
man against a woman sexual assault may be Conviction does not require a medico-legal finding of
only committed by ANY any penetration on the part of the woman.
PERSON against ANY
PERSON Force employed against the victim of the rape need
PRIVATE CRIME – May be prosecuted even not be of such character as could be resisted. When
Complaint must be filed if the woman does not the offender has an ascendancy or influence over the
by the woman or her file a complaint girl, it is not necessary that she put up a determined
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resistance. A rape victim does not have the burden of (1) the accused is legally married to the victim’s
proving resistance. sister; and
(2) the victim and the accused’s wife are full or half-
Rape by means of fraudulent machinations and blood siblings.
grave abuse of authority absorbs the crime of
qualified and simple seduction. Since relationship qualifies the crime of rape, there
must be clearer proof of relationship and in this case,
Statutory Rape is the rape of a woman who is below it was not adequately substantiated. [People v.
12 years of age. In statutory rape, the under twelve Berana]
years old victim is conclusively presumed incapable
of giving consent to sexual intercourse with another. “Unconscious” or “Deprived of Reason”
[People v. Negosa, GR No. 142856-57, Aug. 25, 2003]
Deprived or reason or unconscious mean that the
Statutory rape is consummated when the victim is victim has no will to give consent intelligently and
below 12 yrs. old. Victim’s consent is immaterial. freely. The inquiry should likewise determine whether
Offender’s knowledge of the victim’s age is the victim was fully informed of all considerations so
immaterial in statutory rape. as to make a free and informed decision regarding
Carnal knowledge of a child below 12 yrs. old even if the grant of consent.
she is engaged in prostitution is still considered
statutory rape. [People v. Campuhan] Whether the complaint stated that the victim was
fast asleep or half-asleep or drowsy or semi-
A 16-year old mental retardate, who has the conscious is not determinative of the crime of rape.
intellectual capacity of a 9, was repeatedly raped by For he who lies with a woman while the latter is in a
the accused. state of being drowsy is guilty of rape. Drowsiness is
defined as the state of being drowsy, i.e., ready to fall
The accused was found guilty of raping a woman asleep or half-asleep. [People v. Siarza, Jr., GR No. L-
deprived of reason or otherwise unconscious, and 117682, Aug. 18, 1997]
was also held liable for rape under the provision that
pertains to a victim under 12 notwithstanding the Rape through Sexual Assault
victim’s actual age. The insertion of appellant’s fingers constituted
consummated rape through sexual assault under RA
Age requirement was subsequently amended to refer 8353. The contact of the male’s penis with the
also to mental age. woman’s vagina is referred to as ‘rape with sexual
intercourse”, while the sexual abuse under par.2 of
Incestuous rape refers to rape committed by an Art.266-A, RPC is categorized as “rape through
ascendant of the offended woman. [People v. Atento] sexual assault”. In People vs. Soriano [G.R. Nos
142779-95, 388 SCRA 140], it was ruled that the
appellant is guilty of Rape through Sexual Assault
Gallo was found guilty of the crime of qualified rape when he inserted his finger into the vagina of the
with the penalty of death. victim. [People v. Palma, GR No. 148869-74, Dec. 11,
2003]
The information filed against him does not allege his
relationship with the victim, his daughter, thus, it Insertion of penis into the mouth of a 10-year old boy
CANNOT be considered as a qualifying is “Rape by Sexual Assault” punished under par.2,
circumstance. Special qualifying circumstances have Article 266-A, RPC. [Ordinario v. People, et al., GR No.
to be alleged in the information for it to be 155415, May 20, 2004]
appreciated.
Evidence which may be accepted in the prosecution of
The case was reopened and the judgment is rape:
modified from death to reclusion perpetua. [People v. (1) Any physical overt act manifesting resistance
Gallo] against the act of rape in any degree from the
offended party; or
A 14-year old was raped by her brother-in-law. To (2) Where the offended party is so situated as to
effectively prosecute the accused for the crime of render him/her incapable of giving his consent
rd
rape committed by a relative by affinity w/in the 3
civil degree, it must be established that: Rape shield rule: Character of the offended woman is
immaterial in rape.
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submits against her will to the rapist’s lust because (7) RA 9372: Human Security Act
of fear for her life or personal safety.
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other manner deprives the latter of his Actual demand for ransom not necessary, as long as
liberty; it can be proven that the kidnapping was done for
(3) The act of detention or kidnapping must be the purpose of extorting money.
illegal;
(4) In the commission of the offense, any of the In the crime of Kidnapping for Ransom, ransom
following circumstances is present: means money, price or consideration paid or
(a) The kidnapping lasts for more than 3 demanded for the redemption of a captured person
days; that would release him from captivity. No specific
(b) it is committed simulating public form of ransom is required to consummate the
authority; felony as long as the ransom was intended as a
(c) Any serious physical injuries are bargaining chip in exchange for the victim’s freedom.
inflicted upon the person kidnapped or Whether or not ransom is actually paid to or received
detained or threats to kill him are by the perpetrator is of no moment. [People v.
made; or Jatulan, GR No. 171653, April 24, 2007]
(d) The person kidnapped or detained is a
minor, female, or a public officer. Essential: There be actual confinement or restriction
of the person of the offended party. It is not
The essential element of kidnapping is the necessary that the victim be placed in an enclosure,
deprivation of the offended party’s liberty under any as long as he is deprived, in any manner, of his
of the four instances enumerated. But when the liberty.
kidnapping was committed for the purpose of
extorting ransom, it is not necessary that one or any It suffices that there be actual or manifest restraint
of circumstances enumerated be present. on the person or liberty of the victim. Accused were
guilty of kidnapping although the victim was found,
2
Qualifying Circumstances: (r kt) at the time of her rescue, outside of the house where
(1) Purpose is to extort ransom. she was brought, talking to the house owner who
(2) When the victim is killed or dies as a was the uncle of the accused. Her failure to attempt
consequence of the detention. to escape was explained by her to be due to her fear
(3) When the victim is raped. and threats of the accused to kill her should she do
(4) When victim is subjected to torture or so. In kidnapping, it is not necessary that the
dehumanizing acts. offended party be kept within an enclosure to restrict
her freedom of locomotion. [People v. Cortez, et al.,
The offenders here are private individuals or public GR No. 131619-20, Feb 1, 2000]
officers acting in their private capacity. If they are
public officers, they are covered by the crimes under The victim’s lack of consent is also a fundamental
Title 2. element of kidnapping and serious illegal detention.
The involuntariness of the seizure and detention is
When a public officer conspires with a private person the very essence of the crime. Although the victim
in the commission of any of the crimes under Title IX, may have inceptually consented to go with the
the crime is also one committed under this title and offender to a place, but the victim is thereafter
not under Title II. prevented, with the use of force, from leaving the
place where he was brought to with his consent and
The purpose is immaterial when any of the is detained against his will, the offender is still guilty
circumstances in the first paragraph of Art. 267 is of kidnapping and serious illegal detention. [People
present. v. Pickrell, GR No. 120409, Oct. 23, 2003]
Definition of ransom: It is the money, price or When detention is illegal: It is not ordered by
consideration paid or demanded for redemption of a competent authority nor permitted by law.
captured person or persons, a payment that releases
a person from captivity. Special complex crime of Kidnapping with Murder:
When the victim dies or is killed as a consequence of
When the kidnapping was done to extort ransom, it the detention, which is covered by the last paragraph
is not necessary that one or any of circumstances of Art. 267 as amended.
enumerated be present.
Forcible abduction: If a woman is transported from
one place to another by virtue of restraining her of
her liberty, and that act is coupled with lewd designs.
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(2) The offender is engaged in a kind of business If the entry is made by a way not intended for entry
that would place the life or limb of the minor in that is presumed to be against the will of the
danger, even though working for him is not occupant (example, entry through a window).
against the will of the minor.
It is not necessary that there be a breaking.
Nature of the Business: this involves circuses which
generally attract children so they themselves may “Against the will”: This means that the entrance is,
enjoy working there unaware of the danger to their either expressly or impliedly, prohibited or the
own lives and limbs. prohibition is presumed.
Age: Must be below 16 years. Article 278 has no Fraudulent entrance may constitute trespass. The
application if minor is 16 years old and above, but the prohibition to enter may be made at any time and
exploitation will be dealt with by RA 7610. not necessarily at the time of the entrance.
If the employer is an ascendant, the crime is not To prove that an entry is against the will of the
committed, unless the minor is less than 12 years occupant, it is not necessary that the entry should be
old. preceded by an express prohibition, provided that
the opposition of the occupant is clearly established
If the minor so employed would suffer some injuries by the circumstances under which the entry is made,
as a result of a violation of Article 278, Article 279 such as the existence of enmity or strained relations
provides that there would be additional criminal between the accused and the occupant.
liability for the resulting felony.
Offender is public officer: crime is violation of domicile.
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Qualified Trespass to
No overt act of the crime intended to be committed: Other Forms of Trespass
Dwelling
Crime is trespass to dwelling. (Art. 281)
(Art. 280)
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As the crime consists in threatening another with ARTICLE 284 - BOND FOR GOOD BEHAVIOR
some future harm, it is not necessary that the When a person is required to give bail bond:
offended party was present at the time the threats (1) When he threatens another under the
were made. It is sufficient that the threats, came to circumstances mentioned in Art. 282.
the knowledge of the offended party. (2) When he threatens another under the
circumstances mentioned in Art. 283.
The crime of grave threats is consummated as soon
as the threats come to the knowledge of the person Bond for Good Behavior distinguished from Bond to
threatened. Keep the Peace
Threats made in connection with the commission of Bond for Good Behavior Bond to Keep the Peace
other crimes are absorbed by the latter.
Applicable only to grave Not made applicable to
threats and light threats any particular case
The offender in grave threats does not demand the
delivery on the spot of the money or other personal If offender fails to give If the offender fails to give
property demanded by him. When threats are made bail, he shall be bond, he shall be
and money is taken on the spot, the crime may be sentenced to destierro detained for a period not
robbery with intimidation. exceeding 6 months (if
prosecuted for grave/less
The penalties for the first two types of grave threats grave felony) or not
depend upon the penalties for the crimes threatened exceeding 30 days (light
to be committed. One degree lower if the purpose is felony)
attained and two degrees lower if the purpose is not NOT a distinct penalty A distinct penalty
attained.
ARTICLE 285 – OTHER LIGHT THREATS
If the threat is not subject to a condition, the penalty
is fixed at arresto mayor and a fine not exceeding Mode 1. Threatening another with a weapon, or by
500 pesos. drawing such weapon in a quarrel, unless
it be in lawful self-defense;
In the first two types, if the threat is made in writing
or thorough a middleman, the penalty is to be Mode 2. Orally threatening another, in the heat of
imposed in its maximum period. anger, with some harm constituting a
crime, without persisting in the idea
The third type of grave threats must be serious and involved in his threat;
deliberate; the offender must persist in the idea
involved in his threats. The threat should not be Mode 3. Orally threatening to do another any
made in the heat of anger, because such is punished harm not constituting a felony.
under Article 285.If the condition is not proved, it is
grave threats of the third type. Under the first type, the subsequent acts of the
offender must show that he did not persist in the
ARTICLE 283 - LIGHT THREATS idea involved in the threat.
Elements:
(1) Offender makes a threat to commit a wrong; Threats which are ordinarily grave threats, if made in
(2) The wrong does not constitute a crime; the heat of anger, may be other light threats.
(3) There is a demand for money or that other
condition is imposed, even though not unlawful; If the threats are directed to a person who is absent
(4) Offender has attained his purpose or, that he and uttered in a temporary fit of anger, the offense is
has not attained his purpose. only other light threats.
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Mode 2. Compelling another, by means of the damage arising to the owner from the
violence, threats or intimidation, to do interference, is much greater. (Art. 432, Civil Code)
something against his will, whether it be
right or wrong. Neither the crime of threats nor coercion is
committed although the accused, a branch manager
Elements: of a bank made the complainant sign a withdrawal
(1) A person prevented another from doing slip for the amount needed to pay the spurious dollar
something not prohibited by law, or that he check she had encashed, and also made her execute
compelled him to do something against his will; an affidavit regarding the return of the amount
be it right or wrong; against her better sense and judgment. The
(2) The prevention or compulsion be effected by complainant may have acted reluctantly and with
violence, threats or intimidation; and hesitation, but still, it was voluntary. [Lee v. CA]
(3) The person that restrained the will and liberty of
ARTICLE 287 - LIGHT COERCIONS
another had not the authority of law or the right
to do so, or in other words, that the restraint Elements:
shall not be made under authority of law or in (1) Offender must be a creditor;
the exercise of any lawful right. (2) He seizes anything belonging to his debtor:
(3) The seizure of the thing be accomplished by
Purpose of the Law: To enforce the principle that no means of violence or a display of material force
person may take the law into his hands, and that our producing intimidation;
government is one of law, not of men. (4) The purpose of the offender is to apply the same
to the payment of the debt.
Arises only if the act which the offender prevented
another to do is not prohibited by law or ordinance. Deals with light coercions wherein violence is
employed by the offender who is a creditor in seizing
If a person prohibits another to do an act because anything belonging to his debtor for the purpose of
the act is a crime, even though some sort of violence applying the same to the payment of the debt.
or intimidation is employed, it would not give rise to
grave coercion. It may only give rise to threat or Unjust Vexation: Any act committed without violence,
physical injuries, if some injuries are inflicted. but which unjustifiably annoys or vexes an innocent
person amounts to light coercion. It should include
In case of grave coercion where the offended party is any human conduct which, although not productive
being compelled to do something against his will, of some physical or material harm would, however,
whether it be wrong or not, the crime of grave unjustifiably annoy or vex an innocent person.
coercion is committed if violence or intimidation is
employed in order to compel him to do the act. Unjust Vexation is distinguished from grave coercion
by the absence of violence.
A public officer who shall prevent by means of
violence or threats the ceremonies or manifestations ARTICLE 288 - OTHER SIMILAR COERCIONS
of any religion is guilty of interruption of religious Mode 1. Forcing or compelling, directly or indirectly, or
worship (Art. 132). knowingly permitting the forcing or
compelling of the laborer or employee of
Any person who, by force, prevents the meeting of a the offender to purchase merchandise of
legislative body is liable under Art. 143. commodities of any kind from him;
Any person who shall use force or intimidation to Elements:
prevent any member of Congress from attending the (1) Offender is any person, agent or officer of any
meetings thereof, expressing his opinions, or casting association or corporation;
his vote is liable under Art. 145. (2) He or such firm or corporation has employed
The crime is not grave coercion when the violence is laborers or employees;
employed to seize anything belonging to the debtor (3) He forces or compels, directly or indirectly, or
of the offender. It is light coercion under Art. 287. knowingly permits to be forced or compelled,
any of his or its laborers or employees to
The owner of a thing has no right to prohibit the purchase merchandise or commodities of any
interference of another with the same, if the kind from him or from said firm or corporation.
interference is necessary to avert an imminent
danger and the threatened damage, compared to
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Mode 2. Paying the wages due his laborer or employee (4) Offender is informed of the contents of the
by means of tokens or object other than papers or letters seized.
the legal tender currency of the
Philippines, unless expressly requested by This is a crime against the security of one’s papers
such laborer or employee. and effects. The purpose must be to discover its
effects. The act violates the privacy of
Elements: communication.
(1) Offender pays the wages due a laborer or
employee employed by him by means of tokens The last paragraph of Article 290 expressly makes
or object; the provision of the first and second paragraph
(2) Those tokens or objects are other than the legal thereof inapplicable to parents, guardians, or
tender currency of the Philippines; persons entrusted with the custody of minors placed
(3) Such employee or laborer does not expressly under their care or custody, and to the spouses with
request that he be paid by means of tokens or respect to the papers or letters of either of them.
objects.
The teachers or other persons entrusted with the
General rule: wages shall be paid in legal tender and care and education of minors are included in the
the use of tokens, promissory notes, vouchers, exceptions.
coupons or any other forms alleged to represent
legal tender is absolutely prohibited even when Distinction from estafa, damage to property, and
expressly requested by the employee. (Section 1, Rule unjust vexation:
VIII, Book III, Omnibus Rules Implementing the Labor (1) If the act had been executed with intent of gain,
Code) it would be estafa;
(2) If, on the other hand, the purpose was not to
No employer shall limit or otherwise interfere with defraud, but only to cause damage to another’s,
the freedom of any employee to dispose of his it would merit the qualification of damage to
wages. He shall not in any manner force, compel, property;
oblige his employees to purchase merchandise, (3) If the intention was merely to cause vexation
commodities or other property from the employer or preventing another to do something which the
from any other person. (Art. 112, Labor Code.) law does not prohibit or compel him to execute
what he does not want, the act should be
ARTICLE 289 - FORMATION, MAINTENANCE, AND considered as unjust vexation.
PROHIBITION OF COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS Relevant Special Penal Law: RA 4200 (ANTI WIRE
Elements: TAPPING ACT)
(1) Offender employs violence or threats, in such a
ARTICLE 291 - REVEALING SECRETS WITH ABUSE OF
degree as to compel or force the laborers or
OFFICE
employers in the free and legal exercise of their
industry or work; Elements:
(2) The purpose is to organize, maintain or prevent (1) Offender is a manager, employee or servant;
coalitions of capital or labor, strike of laborers or (2) He learns the secrets of his principal or master in
lockout of employers. such capacity;
(3) He reveals such secrets.
Repealed by the Labor Code.
An employee, manager, or servant who came to
CHAPTER III: DISCOVERY AND REVELATION OF know of the secret of his master or principal in such
SECRETS capacity and reveals the same shall also be liable
regardless of whether or not the principal or master
ARTICLE 290 - DISCOVERING SECRETS THROUGH SEIZURE suffered damages.
OF CORRESPONDENCE
Elements: Essence of this crime is that the offender learned of
(1) Offender is a private individual or even a public the secret in the course of his employment.
officer not in the exercise of his official function;
(2) He seizes the papers or letters of another; He is enjoying a confidential relation with the
(3) The purpose is to discover the secrets of such employer or master so he should respect the privacy
another person; of matters personal to the latter.
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The revelation of the secret might be made after the Chapter 5: Culpable Insolvency
employee or workman had ceased to be connected (1) Article 314 - Fraudulent Insolvency
with the establishment.
Chapter 6: Swindling
Prejudice is an element of the offense. (1) Article 315 – Estafa
(2) Article 316 - Other Forms of Swindling
(3) Article 317 - Swindling of a Minor
(4) Article 318 - Other Deceits
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But when there is conspiracy to commit homicide Special aggravating circumstance of unlicensed
and robbery, all the conspirators, even if less than 4 firearm is inapplicable to robbery w/ homicide, or
armed men, are liable for the special complex crime robbery with rape, or robbery with physical injuries,
of robbery with homicide. committed by a band. [People v. Apduhan]
Art 296 is not applicable to principal by inducement, ARTICLE 297 - ATTEMPTED AND FRUSTRATED ROBBERY
who was not present at the commission of the WITH HOMICIDE
robbery, if the agreement was only to commit “Homicide” includes multiple homicides, murder,
robbery. parricide, or even infanticide.
The article speaks of more than 3 armed malefactors The penalty is the same, whether robbery is
who “takes part in the commission of the robbery” attempted or frustrated.
and member of a band “who is present at the
commission of a robbery by a band.” Thus, a Robbery with homicide and attempted or frustrated
principal by inducement, who did not go with the robbery with homicide are special complex crimes,
band at the place of the commission of the robbery, not governed by Art. 48, but by the special provisions
is not liable for robbery with homicide, but only for of Arts.294 & 297, respectively.
robbery in band, there being no evidence that he
gave instructions to kill the victim or intended that There is only one crime of attempted robbery with
this should be done. homicide even if slight physical injuries were inflicted
on other persons on the occasion or by reason of the
When there was conspiracy for robbery only but robbery.
homicide was also committed on the occasion
thereof, all members of the band are liable for ARTICLE 298 - EXECUTION OF DEEDS THROUGH VIOLENCE
robbery with homicide. OR INTIMIDATION
Elements:
Whenever homicide is committed as a consequence (1) Offender has Intent to defraud another
of or on the occasion of a robbery, all those who took (2) Offender Compels him to sign, execute, or
part in the commission of the robbery are also guilty deliver any public instrument or document
as principals in the crime of homicide unless it (3) Compulsion is by means of Violence or
appears that they endeavored to prevent the Intimidation.
homicide.
If the violence resulted in the death of the person to
Proof of conspiracy is not essential to hold a member be defrauded, crime is robbery with homicide and
of the band liable for robbery with homicide actually shall be penalized under Art 294 par. 1.
committed by the other members of the band.
Art. 298 applies to private or commercial document,
There is no crime as “robbery with homicide in but it does not apply if document is void.
band”.
When the offended party is under obligation to sign,
Band is only ordinary aggravating circumstance in execute or deliver the document under the law, it is
robbery w/ homicide not robbery but coercion.
In order that special aggravating circumstance of BY FORCE UPON THINGS
unlicensed firearm be appreciated, it is condition sine
qua non that offense charged be robbery by a band Robbery by the use of force upon things is
under Art 295. committed only when either:
(1) Offender entered a House or Building by
Pursuant to Art 295, circumstance of a band is any of the means specified in Art. 299 or
qualifying only in robbery under par 3, 4 & 5 of Art Art. 302, or
294. (2) Even if there was no entrance by any of
those means, he broke a wardrobe, chest, or
Hence, Art. 295 does not apply to robbery with any other kind of locked or closed or sealed
homicide, or robbery with rape, or robbery with furniture or receptacle in the house or
serious physical injuries under par. 1 of Art. 263. building, or he took it away to be broken or
forced open outside.
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or
ARTICLE 301 - WHAT IS AN UNINHABITED HOUSE, (e) A Closed or sealed receptacle was removed,
PUBLIC BUILDING DEDICATED TO RELIGIOUS WORSHIP even if the same be broken open elsewhere.
AND THEIR DEPENDENCIES: Even if the occupant was
(f) With intent to gain, the offender took
absent during the robbery, the place is still inhabited therefrom personal property belonging to
if the place was ordinarily inhabited and intended as another.
a dwelling.
“Building”: includes any kind of structure used for
“Dependencies”: all interior courts, corrals, storage or safekeeping of personal property, such as
warehouses, granaries or inclosed places contiguous (a) freight car ad (b) warehouse.
to the building or edifice, having an interior entrance
connected therewith, and which form part of the Entrance through an opening not intended for
whole (Art. 301, par. 2). entrance or egress is not necessary, if there is
breaking of wardrobe, chest, or sealed or closed
Requisites: furniture or receptacle, or removal thereof to be
(1) Contiguous to the building; broken open elsewhere.
(2) Interior entrance connected therewith;
(3) Form part of the whole. Breaking padlock is use of force upon things.
Orchards and lands used for cultivation or Use of fictitious name or pretending the exercise of
production are not included in the term public authorities is not covered under this article.
“dependencies” (Art. 301, par. 3).
A receptacle is a container, which must be “closed”
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND or “sealed”.
BY A BAND
Robbery in an inhabited house, public building or Penalty is based only on value of property taken.
edifice to religious worship is qualified when
committed by a band and located in an uninhabited Robbery in a store
place. Punishable under Punishable under
Art. 299 Art. 302
See discussion on Art. 296 for definition of “band.”
If the store is used as a If the store was not
To qualify Robbery w/ To qualify Robbery w/ dwelling, the robbery actually occupied at the
force upon things (Art violence against or committed therein would time of the robbery and
299) intimidation be considered as was not used as a
It must be committed in It must be committed in committed in an dwelling, since the owner
uninhabited place AND an uninhabited place OR inhabited house (People lived in a separate house,
by a band (Art 300) by a band (Art. 295) v Suarez) the robbery committed
therein (People v
ARTICLE 302 - IN AN UNINHABITED PLACE OR PRIVATE If the store is located on Silvestre)
BUILDING the ground floor of the
house belonging to the
Elements: owner, having an interior
(1) Offender entered an Uninhabited place or a entrance connected
building which was not a dwelling house, not a therewith, it is a
public building, or not an edifice devoted to dependency of an
religious worship. inhabited house and the
(2) That any of the following circumstances was robbery committed
present: therein (US v Tapan).
(a) Entrance was effected through an opening
Not intended for entrance or egress;
ARTICLE 303 - ROBBERY OF CEREALS, FRUITS OR
(b) A Wall, roof, floor, or outside door or
FIREWOOD IN AN INHABITED PLACE OR PRIVATE BUILDING
window was broken
The penalty is one degree lower only when robbery is
(c) Entrance was effected through the use of
committed by use of force upon things, without
False keys, picklocks or other similar tools;
intimidation or violence against a person.
(d) A Door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken;
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The term “highway” includes city streets. Any person who aids or protects highway robbers or
abets the commission of highway robbery or
The following must be proved: brigandage shall be considered as an accomplice.
(1) Organization of more than 3 armed persons
forming a band of robbers See Special Law: PD 532 Anti-Piracy And Anti-
(2) Purpose of the band is any of those enumerated Highway Robbery
in Art. 306.
(3) That they went upon the highway or roamed It is necessary to prove that the intention and
upon the country for that purpose. purpose of the accused was to commit robbery
(4) That the accused is a member of such band. indiscriminately and such robbery is committed on
any Philippine Highway. [People v. Pulusan (1998)]
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(2) Those who, Gulinao shot Dr. Chua and left. Then he went back &
(a) having found lost property, took Dr. Chua’s diamond ring. The crime was Theft
(b) fail to deliver the same to the local and not robbery. Circumstances show that the taking
authorities or to its owner. was merely an afterthought. Violence used in killing
Dr. Chua had no bearing on the taking of the
(3) Those who, ring.[People v. Gulinao, (1989)]
(a) after having maliciously damaged the
property of another, Properties were taken after accused has already
(b) remove or make use of the fruits or object of carried out his primary criminal intent of killing the
the damage caused by them. victim. Considering that the victim was already
heavily wounded when his properties were taken,
(4) Those who, there was no need to employ violence against or
(a) enter an inclosed estate or field where intimidation against his person. Hence, accused can
(b) trespass is forbidden or which belongs to only be held guilty of the separate offense of
another and, without the consent of its theft.[People vs Basao (1999)]
owner,
(c) hunt or fish upon the same or gather fruits, One in possession of part of recently stolen property
cereals, or other forest or farm products. is presumed to be thief of all.
The theft is consummated & taking completed once “Lost property”: embraces loss by stealing or by act
the culprit is able to place the thing taken under his of the owner or by a person other than the owner, or
control, and in such a situation that he could dispose through some casual occurrence.
of it at once.
It is necessary to prove the following in order to
establish theft by failure to deliver or return lost
property:
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(1) Time of the seizure of the thing Theft by domestic servant is always qualified. There’s
(2) It was a lost property belonging to another; and no need to prove grave abuse of discretion.
(3) That the accused having had the opportunity to
return or deliver the lost property to its owner or The abuse of confidence must be grave. There must
to the local authorities, refrained from doing so. be allegation in the information and proof of a
relation, by reason of dependence, guardianship or
The law does not require knowledge of the owner of vigilance, between the accused and the offended
the property. party that has created a high degree of confidence
between them, which the accused abused.
Elements of hunting, fishing or gathering fruits, etc.,
in enclosed estate: Theft of any material, spare part, product or article
(1) That there is an enclosed estate or a field, where by employees and laborers is heavily punished under
trespass is forbidden or which belongs to PD 133.
another
(2) Offender enters the same “Motor vehicle”: all vehicles propelled by power,
(3) Offender hunts or fishes upon the same or other than muscular power. Theft of motor vehicle
gathers fruits, cereals or other forest or farm may now fall under the anti-carnapping law.
products in the estate or field; and
(4) That the hunting or fishing or gathering of When the purpose of taking the car is to destroy by
products is without the consent of the owner. burning it, the crime is arson.
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Presumption: Every person in possession of large Mere possession of any good, article, item, object, or
cattle shall upon demand by competent authorities anything of value which has been the subject of
exhibit required documents. Failure to do so is prima robbery or thievery shall be prima facie evidence of
facie evidence that large cattle in possession are fencing. [People v. Dizon-Pamintuan]
fruits of crime of cattle rustling
Robbery/theft and fencing are separate and distinct
Killing of owner is absorbed in cattle rustling (Boado, offenses.
Comprehensive Reviewer in Criminal Law)
ARTICLE 311 - THEFT OF THE PROPERTY OF THE NATIONAL
Considering that the gravamen of the crime is the LIBRARY AND NATIONAL MUSEUM
taking or killing of large cattle or taking its meat or Theft of property of the National Museum and
hide without the consent of the owner or raiser, National Library has a fixed penalty regardless of its
conviction for the same need only be supported by value. But if it was with grave abuse of confidence,
the fact of taking without the cattle owner’s consent. the penalty for qualified theft shall be imposed.
There is a disputable presumption that a person
found in possession of a thing taken in the doing of a CHAPTER 4: USURPATION
recent wrongful act is the taker and the doer of the
whole act. [Ernesto Pil-ey vs. People (2007)] ARTICLE 312 - OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
PD 704: ILLEGAL FISHING
Acts punishable under Art. 312:
Prima facie presumption of illegal fishing when: (1) Taking possession of any real property
(1) Explosive, obnoxious or poisonous substance or belonging to another by means of violence
equipment or device for electric fishing are against or intimidation of persons
found in the fishing boat or in the possession of (2) Usurping any real rights in property belonging to
fisherman; or another by means of violence against or
(2) When fish caught with the use of explosives, intimidation of persons.
obnoxious or poisonous substances or by
electricity are found in a fishing boat Elements:
(1) Offender takes possession of any real property
PD 1612: ANTI-FENCING LAW OR usurps any real rights in property
Fencing: (2) Real property or real rights belong to another
(1) the act of any person who, (3) Violence against or intimidation of persons is
(2) with intent to gain for himself or for another, used by the offender in occupying real property
(3) shall buy, receive, keep, acquire, conceal, sell, or or usurping real rights in property.
dispose of, or shall buy and sell or in any other (4) There is intent to gain.
manner deal in
(4) any article, item, object, or anything of value If no violence or intimidation only civil liability exists.
(5) which he knows, or should be known to him, Violence or intimidation must be the means used in
(6) to have been derived from the proceeds of the occupying real property or in usurping real rights.
crime of robbery or theft.
Art. 312 does not apply when the violence or
Elements: intimidation took place subsequent to the entry into
(1) Robbery or theft has been committed. the property.
(2) The accused, who is not a principal or
accomplice in the crime of robbery or theft, buys, Art. 312 does not apply to a case of open defiance of
receives, possesses, keeps, acquires, conceals, the writ of execution issued in the forcible entry case.
sells or disposes, or buys and sells, or in any
manner deals in any article, item, object, or Criminal action for usurpation of real property is not
anything of value, which has been derived from a bar to civil action for forcible entry.
the proceeds of the said crime.
(3) The accused knows or should have known that
the said article, item, object or anything of value
has been derived from the proceeds of the crime
of robbery or theft.
(4) There is, on the part of the accused, intent to
gain for himself or another.
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The word “alter” may include: With Unfaithfulness or Abuse of Confidence (315 par.
(1) destruction of stone monument 1(a) (b) (c))
(2) taking it to another place Par 1(a): Altering substance, quantity or quality of
(3) removing a fence object subject of obligation to deliver
Actual prejudice, not intention alone, is required. Damage or prejudice must be capable of estimation,
Even if the debtor disposes of his property, unless it because it is the basis of the penalty.
is shown that it has actually prejudiced his creditor,
conviction will not lie. Delivery of anything of value must be “by virtue of an
onerous obligation to do so”.
Fraudulent concealment of property is not sufficient
if the debtor has some property with which to satisfy When the fraud committed consists in the
his obligation. adulteration or mixing of some extraneous
substance in an article of food so as to lower its
“Abscond”: does not require that the debtor should quantity, it may be a violation of the Pure Food Law.
depart and physically conceal his property. Real
property could be the subject matter of Art. 314. It’s not estafa if the thing delivered is not acceptable
to the complainant when there is no agreement as to
The person prejudiced must be creditor of the its quality.
offender.
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Estafa may arise even if thing delivered is not subject Applicable Civil Code provisions:
of lawful commerce, such as opium. (1) Art. 1477. The ownership of the thing sold shall
be transferred to the vendee upon actual or
Par.1(b): Misappropriation and Conversion constructive delivery thereof.
(2) Art. 1482. Whenever earnest money is given in a
Elements: contract of sale, it shall be considered as part of
(1) That Money, goods, or other personal property the price and as proof of the perfection of the
be received by the offender in trust, or in contract.
commission, or for administration, or under any
other obligation involving the duty to make In estafa with abuse of confidence under par. (b),
delivery of, or to return, the same; subdivision 1 of Art. 315, the thing received must be
(2) There be Misappropriation or conversion of such returned if there is an obligation to return it.
money or property by the offender, or denial on
his part of such receipt; If no obligation to return there is only civil liability.
(3) That such misappropriation or conversion or
denial is to the Prejudice of another; and No estafa when:
(4) That there is a demand made by the offended (1) Transaction sale fails. There is no estafa if the
party to the offender. accused refused to return the advance payment.
(2) The money or personal property received by
The 4th element is not necessary when there is accused is not to be used for a particular
evidence of misappropriation of goods by the purpose or to be returned.
defendant. (3) Thing received under a contract of sale on credit
Check is included in the word “money”. Payment by students to the school for the value of
materials broken is not mere deposit.
Money, goods or other personal property must be
received by the offender under certain kinds of Novation of contract of agency to one of sale, or to
transaction transferring juridical possession to him. one of loan, relieves defendant from incipient
criminal liability under the first contract.
The offender acquires both physical possession and
juridical possession when the thing received by the
offender from the offended party He exerted all efforts to retrieve dump truck, albeit
(1) in trust, or belatedly and to no avail. His ineptitude should not
(2) on commission, or be confused with criminal intent. Criminal intent is
(3) for administration, required for the conviction of Estafa. Earnest effort to
comply with obligation is a defense against estafa.
“Juridical possession”: means a possession which [Manahan vs CA (1996)]
gives the transferee a right over the thing which he
may invoke even as against the owner. 3 Ways Of Committing Estafa With Abuse Of
Confidence Under Art. 315 Par. (B):
When the delivery of a chattel does not transfer (1) Misappropriating the thing received.
juridical possession/title, it is presumed that the (2) Converting the thing received.
possession/title of the thing remain w/ owner. (3) Denying that the thing was received.
Failure to turn over to the bank the proceeds of sale “Misappropriating”: means to own, to take
of goods covered by trust receipts is estafa. something for one's own benefit.
The phrase “or under any obligation involving the “Converting”: Using or disposing of another’s
duty to make delivery of, or to return the same”, property as if it were one’s own.
includes quasi-contracts and certain contracts of
bailment. The obligation to return the thing must be “Conversion”: presupposes that the thing has been
contractual but without transferring to accused devoted to a purpose or use different from that
ownership of the thing. agreed upon.
When ownership is transferred to recipient, his The fact that an agent sold the thing received on
failure to return it results in civil liability only. commission for a lower price than the one fixed, does
not constitute estafa (US v Torres).
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3rd element of estafa with abuse of confidence is There is no estafa through negligence.
that the conversion, or denial by offender resulted in
the prejudice of the offended party. The gravity of the crime of estafa is based on the
amount not returned before the institution of the
“To the prejudice of another”: not necessarily of the criminal action.
owner of the property.
Test to distinguish theft from estafa: In theft, upon
General rule: Partners are not liable for estafa of the delivery of the thing to the offender, the owner
money or property received for the partnership when expects a return of the thing to him.
the business commenced and profits accrued.
Failure of partner to account for partnership funds General rule: When the owner does not expect the
may give rise to civil obligation only, not estafa. immediate return of the thing he delivered to the
accused, the misappropriation of the same is estafa.
Exception: when a partner misappropriates the share
of another partner in the profits, the act constitutes Exception: When the offender received the thing
estafa. from the offended party, with the obligation to
deliver it to a third person and, instead of doing so,
A co-owner is not liable for estafa, but he is liable if, misappropriated it to the prejudice of the owner, the
after the termination of the co-ownership, he crime committed is qualified theft.
misappropriates the thing which has become the
exclusive property of the other. Sale of thing received to be pledged for owner is
theft, when the intent to appropriate existed at the
Estafa with abuse of time it was received.
Theft
confidence
With juridical possession Only with physical / Estafa with abuse of
Malversation
of thing misappropriated material possession of confidence
thing misappropriated Entrusted with funds or property
Offender receives the Offender takes the thing Both are continuing offenses
thing from the victim Funds or property are Funds or property usually
always private public
But when the money or property had been received Offender is a private Offender is a public officer
by a partner for specific purpose and he individual or public officer accountable for public
misappropriated it, there is estafa. not accountable for public funds or property
funds or property
Under the 4th element of estafa with abuse of Committed by Committed by
confidence demand may be required. misappropriating, misappropriating, or thru
converting or denying abandonment or
In estafa by means of deceit, demand is not needed, having received money, negligence, letting other
because the offender obtains the thing wrongfully other personal property person to take the public
from the start. In estafa with abuse of confidence, funds or property
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Estafa with abuse of In false pretenses the deceit consists in the use of
Malversation deceitful words, in fraudulent acts the deceit consists
confidence
principally in deceitful acts. The fraudulent acts must
There is no estafa through There can be be performed prior to or simultaneously with the
negligence. malversation through commission of the fraud.
abandonment or
negligence. The offender must be able to obtain something from
the offended party because of the fraudulent acts.
When in prosecution for malversation the public
officer is acquitted, the private individual in Knowledge of criminal intent of the principal is
conspiracy w/ him may be held liable for estafa, essential to be convicted as an accomplice in Estafa
depending on the nature of the funds. through falsification of commercial document. There
must be knowing assistance in the execution of the
Misappropriation of firearms received by a police offense. [Abejuela vs People (1991)]
(1) ESTAFA: if it is not involved in the
commission of a crime In the case where a tenant-landowner relationship
(2) MALVERSATION: if it is involved in the exists between the parties, the jurisdiction for the
commission of a crime. prosecution of the crime Estafa is not divested from
(3) the RTC; though the matter before us apparently
Par.1(c): Taking advantage of signature in blank presents an agrarian dispute, the RTC cannot shirk
from its duty to adjudicate on the merits a criminal
Elements: case initially filed before it, based on the law and
(1) Paper with the signature of the offended party evidence presented, in order to determine whether
be in Blank. an accused is guilty beyond reasonable doubt of the
(2) Offended party should have Delivered it to the crime charged.
offender.
(3) That above the signature of the offended party a In a tenant-landowner relationship, it was incumbent
Document is written by the offender without upon the tenant to hold in trust and, eventually,
authority to do so. account for the share in the harvest appertaining to
(4) That the document so written Creates a liability the landowner, failing which the tenant could be held
of, or causes damage to, the offended party or liable for misappropriation.
any third person.
As correctly pointed out by the respondents, share
Estafa by Means of False Pretenses or Fraudulent tenancy has been outlawed for being contrary to public
Acts (315 par. 2(a) (b) (c) (d) (e); BP22): policy as early as 1963, with the passage of R.A. 3844.
What prevails today, under R.A. 6657, is agricultural
Elements of estafa by means of deceit: leasehold tenancy relationship, and all instances of
(1) There must be a False pretense, fraudulent act share tenancy have been automatically converted into
or fraudulent means. leasehold tenancy. In such a relationship, the tenant’s
(2) That such false pretense, fraudulent act or obligation is simply to pay rentals, not to deliver the
fraudulent means must be made or executed landowner’s share.
Prior to or Simultaneously with the commission
of the fraud. Given this dispensation, the petitioner’s allegation that
(3) Offended party must have Relied on the false the respondents misappropriated the landowner’s
pretense, fraudulent act, or fraudulent means, share of the harvest – as contained in the information
that is, he was induced to part with his money or – is untenable. Accordingly, the respondents cannot be
property because of the false pretense, held liable under Article 315, paragraph 4, No. 1(b) of
fraudulent act, or fraudulent means. the Revised Penal Code. [People v. Vanzuela (2008)]
(4) As a result thereof, the offended party Suffered
damage. It is well established in jurisprudence that a person
may be convicted of both illegal recruitment and
The acts must be fraudulent. Acts must be founded estafa. The reason, therefore, is not hard to discern:
on, deceit, trick, or cheat, and such must be made illegal recruitment is malum prohibitum, while
prior to or simultaneously with the commission of the estafa is malum in se.
fraud.
In the first, the criminal intent of the accused is not
necessary for conviction. In the second, such intent is
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(1) the failure of the drawer to deposit the amount Estafa Through Other Fraudulent Means (315 Par 3
needed to cover his check (a) (b) (c))
(2) within 3 days from receipt of notice of dishonor Par 3 (a): By inducing another, through deceit, to
of check for lack or insufficiency of funds sign any document
(3) shall be prima facie evidence of deceit
constituting false pretense or fraudulent act. Elements:
(1) Offender Induced the offended party to sign a
Good faith is a defense in a charge of estafa by document.
postdating or issuing a check. One who got hold of a (2) That deceit be Employed to make him sign the
check issued by another, knowing that the drawer document.
had no sufficient funds in the bank, and used the (3) Offended party Personally signed the document.
same in the purchase of goods, is guilty of estafa. (4) That Prejudice be caused.
[People v. Isleta]
2 Offender must induce the offended party to sign the
PD 818 applies only to estafa under par 2(d) of Art. document. If offended party is willing from the start
315, and does not apply to other forms of estafa. to sign the document, because the contents are
[People v Villaraza, 81 SCRA 95] different from those which the offended told the
accused to state in the document, the crime is
Hence, the penalty prescribed in PD 818, not the falsification.
penalty provided for in Art. 315, should be imposed
when the estafa committed is covered by par 2(d) of There can be no conviction for estafa in the absence
Art. 315. of proof that defendant made statements tending to
mislead complainant.
Estafa by issuing a bad check is a continuing crime.
See Special Law: BP 22 (Anti-Bouncing Checks Law) Par.3 (b): By resorting to some fraudulent practice
to ensure success in a gambling game
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Double jeopardy does not apply because RPC is a encumbrance, although such encumbrance be not
distinct crime from BP 22. Deceit and damage are recorded
essential elements of RPC, which are not required in
BP 22. [Nierras vs Dacuycuy (1990)] Elements:
(1) That the thing disposed of be Real property.
The element of damage or prejudice capable of (2) Offender Knew that the real property was
pecuniary estimation may consist in: encumbered, whether the encumbrance is
(1) The offended party being deprived of his money recorded or not.
or property, as result of the fraud; (3) There must be Express representation by the
(2) Disturbance in property right; or offender that the real property is free from
(3) Temporary prejudice encumbrance.
(4) Act of disposing of the real property be made to
Payment subsequent to the commission of estafa the Damage of another.
does not extinguish criminal liability or reduce the
penalty. Act constituting the offense is disposing of the real
property representing that it is free from
The crime of estafa is not obliterated by acceptance encumbrance.
of promissory note.
“Dispose”: includes encumbering or mortgaging.
A private person who procures a loan by means of
deceit through a falsified public document of “Encumbrance”: includes every right or interest in the
mortgage, but paid loan within the period agreed land which exists in favor of third persons.
upon, is not guilty of estafa but only falsification of a
public document. The offended party would not have granted the loan
had he known that the property was already
Accused cannot be convicted of estafa with abuse of encumbered. When the loan had already been
confidence if charged w/ estafa by means of deceit granted when defendant offered the property as
security for the loan, Art. 316 par. 2 is not applicable.
ARTICLE 316 - OTHER FORMS OF SWINDLING AND DECEITS
Par 1. By conveying, selling, encumbering, or Usurious loan with equitable mortgage is not an
mortgaging any real property, pretending to be the encumbrance on the property.
owner of the same
If 3rd element not established, there is no crime.
Elements:
(1) That the thing be Immovable, such as a parcel of There must be damage caused. It is not necessary
land or a building. that act prejudice the owner of the land.
(2) Offender who is not the owner of said property
should Represent that he is the owner thereof. The omitted phrase “as free from encumbrance” in
(3) Offender should have Executed an act of par 2 of Art. 316 is the basis of the ruling that silence
ownership (selling, encumbering or mortgaging as to such encumbrance does not involve a crime.
the real property).
(4) Act be made to Prejudice of the owner or a third Par. 3. By wrongfully taking by the owner of his
person. personal property from its lawful possessor
The thing disposed of must be real property. If it’s Elements:
chattel, crime is Estafa. (1) Offender is the Owner of personal property.
(2) Said property is in the Lawful possession of
There must be existing real property. another.
Even if the deceit is practiced against the second (3) Offender wrongfully takes it from its lawful
purchaser but damage is incurred by the first possessor.
purchaser, there is violation of par.1 of Art. 316. (4) Prejudice is thereby caused to the lawful
possessor or third person.
Since the penalty is based on the “value of the
damage” there must be actual damage caused. Offender must wrongfully take the personal property
from the lawful possessor. Wrongfully take does not
Par. 2. By disposing of real property as free from include the use of violence, intimidation.
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If the thing is taken by means of violence, without ARTICLE 317 - SWINDLING OF A MINOR
intent to gain, it is not estafa, but grave coercion. Elements:
(1) That the offender Takes advantage of the
If the owner took the personal property from its inexperience or emotions or feelings of a minor.
lawful possessor without the latter’s knowledge and (2) That he induces such minor
later charged him with the value of the property, the (a) to Assume an obligation, or
crime is theft. If there is intent to charge the bailee (b) to Give release, or
with its value, the crime is robbery. [US v Albao] (c) to Execute a transfer of any property right.
(3) That the consideration is
Par. 4. By executing any fictitious contract to the (a) some Loan of money,
prejudice of another. (b) Credit, or
(c) Other Personal property.
Illustration: A person who simulates a (4) That the transaction is to the Detriment of such
conveyance of his property to another, to defraud his minor.
creditors. If the conveyance is real and not simulated,
the crime is fraudulent insolvency. Real property is not included because only money,
credit and personal property are enumerated, and
Par. 5. By accepting any compensation for services because a minor cannot convey real property without
not rendered or for labor not performed judicial authority.
If the money in payment of a debt was delivered to a Any other kind of conceivable deceit may fall under
wrong person, Art. 316 par 5 is not applicable. this article. As in other cases of estafa, damage to
the offended party is required.
In case the person who received it later refused or
failed to return it to the owner of the money, Art. 315 The deceits in this article include false pretenses
subdivision 1(b) is applicable. and fraudulent acts.
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Elements of selling or pledging personal property Frustrated arson: If that person is able to light or set
already pledged: fire to the rags, but the fire was put out before any
(1) That personal property is already pledged under part of the building was burned.
the terms of the Chattel Mortgage Law.
(2) That the offender, who is the mortgagor of such Consummated arson: If before the fire was put out, it
property, sells or pledges the same or any part had burned a part of the building.
thereof.
(3) That there is no consent of the mortgagee If the property burned is an inhabited house or
written on the back of the mortgage and noted dwelling, it is not required that the house be
on the record thereof in the office of the register occupied by one or more persons and the offender
of deeds. knew it when the house was burned.
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Damage means not only loss but also diminution of ARTICLE 331 – DESTROYING OR DAMAGING STATUES,
what is a man’s own. Thus, damage to another’s PUBLIC MONUMENTS OR PAINTINGS
house includes defacing it. [People v Asido] The penalty is lower if the thing destroyed is a public
painting, rather than a public monument.
ARTICLE 328 - SPECIAL CASES OF MALICIOUS MISCHIEF
Special cases of malicious mischief: (qualified CHAPTER 10: EXEMPTION FROM CRIMINAL
malicious mischief) LIABILITY
(1) causing damage to obstruct the performance of
ARTICLE 332 - EXEMPTION FROM CRIMINAL LIABILITY IN
public functions
CRIMES AGAINST PROPERTY
(2) using any poisonous or corrosive substance
(3) Spreading infection or contagion among cattle Crimes involved in the exemption:
(4) causing damage to property of the National (1) Theft
Museum or National Library, or to any archive or (2) Swindling (estafa)
registry, waterworks, road, promenade, or any (3) Malicious mischief
other thing used in common by the public.
If the crime is robbery, exemption does not lie.
ARTICLE 329 - OTHER MISCHIEFS
Persons exempt from criminal liability:
Other mischiefs not included in Art. 328 are (1) Spouses, ascendants and descendants, or
punished based on value of the damage caused. relatives by affinity in the same line.
(2) The widowed spouse with respect to the
If the amount involved cannot be estimated, the property which belonged to the deceased
penalty of arresto menor of fine not exceeding P200 spouse before the same passed into the
is fixed by law. possession of another.
(3) Brothers and sisters and brothers-in-law and
When several persons scattered coconut remnants sisters-in-law, if living together.
which contained human excrement on the stairs and
floor of the municipal building, including its interior, The law recognizes the presumed co-ownership of
the crime committed is malicious mischief under Art. the property between the offender and the offended
329. [People v Dumlao] party. There is no criminal, but only civil liability.
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proof of any stolen property in the possession of a crime is the special complex crime of Robbery with
person, as in the case at bar, no presumption of guilt Rape. So long as the intent of the accused is to rob,
can arise. The place was a market and presumably, rape may be committed before, during or after the
petitioner was not the only vendor of beans. robbery. But if the primary intent ofthe accused was
to rape and his taking away the belongings of the
Where the proven facts and circumstances are victim was only a mere afterthought, two separate
capable of two or more explanations, one of which is felonies are committed: Rape and Theft or Robbery
consistent with innocence and the other with guilt, depending upon the circumstances surrounding the
the evidence does not fulfill the test of moral unlawful taking. [People v. Naag, GR No. 1361394,
certainty and is not sufficient to convict the accused. Feb. 15, 2001]
[Aoas v. People (2008)]
QUALIFIED THEFT (Abuse of Confidence)
DESTRUCTIVE ARSON Mere circumstance that petitioners were employees
It is clear that the place of the commission of the of Western does not suffice to create the relation of
crime was a residential and commercial building confidence and intimacy that the law requires.
located in an urban and populated area. This
qualifying circumstance places the offense squarely The element of grave abuse of confidence requires that
within the ambit of Section 2(7) of P.D. 1613, and there be a relation of independence, guardianship or
converts it to “destructive arson. vigilance between the petitioners and Western.
It was also established that the subject building was Petitioners were not tasked to collect or receive
insured against fire for an amount substantially more payments. They had no hand in the safekeeping,
than its market value, a fact that has given rise to the preparation and issuance of invoices. They merely
unrebutted prima facie evidence of arson, as assisted customers in making a purchase and in
provided in Section 6 of P.D. 1613. [Amora v. People demonstrating the merchandise to prospective
(2008)] buyers. While they had access to the merchandise,
they had no access to the cashier’s booth or to the
ROBBERY WITH HOMICIDE cash payments subject of the offense. [Astudillo vs.
Does not include taking the gun to shoot its previous People(2006)]
holder. The Court disagrees with the Court of
Appeals that appellant committed the crime of THEFT (Corpus Delicti)
robbery with homicide. There is nothing in the The Petitioner contends that he cannot be held liable
records that would show that the principal purpose for the charges on the ground that he was not
of appellant was to rob the victim of his shotgun caught in possession of the missing funds. This is
(Serial No. 9600942). clutching at straws. To be caught in possession of
the stolen property is not an element of the corpus
It must be emphasized that when the victim and delicti in theft.
appellant met and had a heated argument, the
absence of the intent to rob on the part of the Corpus delicti means the “body or substance of the
appellant was apparent. Appellant was not trying to crime, and, in its primary sense, refers to the fact that
rob the victim. Appellant’s act of taking the shotgun the crime has been actually committed.”
was not for the purpose of robbing the victim, but to
protect himself from the victim. In theft, corpus delicti has two elements, namely:
(1) that the property was lost by the owner, and
No one would in one’s right mind just leave a firearm (2) that it was lost by felonious taking.
lying around after being in a heated argument with
another person. In the case before us, these two elements were
established. The amounts involved were lost by WUP
Having failed to establish that appellant’s original because petitioner took them without authority to do
criminal design was robbery, appellant could only be so. [Gan vs. People(2007)]
convicted of the separate crimes of either murder or
homicide, as the case may be, and theft. [People vs. THEFT; Attempted or Consummated only
Lara] The Revised Penal Code provisions on theft have not
been designed in such fashion as to accommodate
ROBBERY WITH RAPE the Adiao, Dino and Empelis rulings. Again, there is
If the intention of the accused was to rob, but rape no language in Article 308 that expressly or
was committed even before the asportation, the impliedly allows that the “free disposition of the
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items stolen” is in any way determinative of whether (5) Some LGUs have anti-Cable Television Theft
the crime of theft has been produced. We thus Ordinances.
conclude that under the Revised Penal Code, there is (6) Theft of Forestry Products (PD 330);
no crime of frustrated theft.[Valenzuela vs. People (7) Theft of Minerals/Ores (PD 581);
(2007)]
Cases:
ROBBERY WITH HOMICIDE; (Absorption Theory (a) Theft by bank teller considered Qualified Theft
applied) [Roque vs. People(2004)]
Attempted homicide or attempted murder (b) Grave abuse of confidence, requirements
committed during or on the occasion of the robbery, [Astudillo vs. People(2006)]
as in this case, is absorbed in the crime of Robbery (c) Carnapping vs. Qualified Theft [People vs.
with Homicide which is a special complex crime that Bustinera(2004)]
remains fundamentally the same regardless of the
number of homicides or injuries committed in ESTAFA
connection with the robbery. [People v. Cabbab, (a) “Conversion”/”Misappropriation”, explained [Lee
Jr.(2007)] vs. People (2005)]
(b) Estafa may coincide with Illegal recruitment
ESTAFA; Essence of Misappropriation [People vs. Hernandez (2002)]
The words “convert” and “misappropriate” connote (c) “Deceit”/”False Pretense”, explained [Pablo vs.
an act of using or disposing of another’s property as People (2004)]
if it were one’s own or devoting it to a purpose or use (d) SYNDICATED ESTAFA/Economic Sabotage
different from that agreed upon. To misappropriate (Presidential Decree No. 1689)—Ponzi scheme;
for one’s own use includes not only conversion to Pyramid Scams
one’s personal advantage but also every attempt to
dispose of the property of another without any right. Case:
[Tan vs. People] Soliciting funds from and eventually defrauding the
general public constitutes syndicated estafa
ESTAFA (Sale of jewelry; Failure to return) amounting to economic sabotage [People vs. Balasa
In an agency for the sale of jewelries, as in the (1998)]
present case, it is the agent’s duty to return the
jewelry upon demand of the owner and failure to do BOUNCING CHECKS LAW
so is evidence of conversion of the property by the (a) Modes of committing violations of BP 22;
agent. In other words, the demand for the return of (b) Presumptions/Evidentiary Rules
the thing delivered in trust and the failure of the
accused to account for it are circumstantial evidence Cases:
of misappropriation. However, this presumption is (a) Rule of Preference in BP 22 violations: Court
rebuttable. If the accused is able to satisfactorily may impose imprisonment or a fine [Bernardo vs.
explain his failure to produce the thing delivered in People (2007)]
trust or to account for the money, he may not be held (b) Only a full payment of the face value of the
liable for estafa. [People v. Manantan] second check at the time of its presentment or
during the five-day grace period could exonerate
ADDITIONAL NOTES one from criminal liability. [Macalalag vs. People
(2006)]
THEFT
(a) Presumption of thievery -- possession of stolen See Also:
goods [People vs. Dela Cruz (2000)] (1) PD 1612: Anti-Fencing Law
(b) No frustrated theft; Either attempted or (2) BP 22: Bouncing Check Law
consummated only [Valenzuela vs. People (3) RA 6539: Anti-Carnapping Act
(2007)] (4) RA 9372: Human Security Act
(5) PD 1613: Anti-Arson Law
QUALIFIED THEFT
Related Laws
(1) Anti-Carnapping Act of 1972 (RA 6539);
(2) Anti-Cattle Rustling Law of 1974 (PD 533);
(3) Heavier Penalties for Thefts by Employees and
Laborers (PD 133);
(4) Anti-Electricity Pilferage Act (RA 7832);
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Title XI. Crimes against The man, to be guilty of adultery, must have
Chastity knowledge of the married status of the woman.
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Offenders: married man and the woman who knows Scandal produced by the concubinage of H:
him to be married. (1) H and mistress live in the same room of a house
(2) They appear together in public,
The woman only becomes liable only if she knew him (3) Perform acts in sight of the community which
to be married prior to the commission of the crime. give rise to criticism and general protest among
rd
In the 3 way committing the crime, mere the neighbors.
cohabitation is sufficient; Proof of scandalous
circumstances not necessary. [People v. Pitoc, et. al.] When spies are employed for the purpose of
watching the conduct of the accused and it
A married man is not liable for concubinage for mere appearing that none of the people living in the
sexual relations with a woman not his wife. A man vicinity has observed any suspicious conduct, there is
would only be guilty of concubinage if he appeared no evidence of scandalous circumstances. [US v.
to be guilty of any of the acts punished in Art. 334. Campos Rueda]
A married man who is not liable for adultery because Reason: Adultery is punished more severely than
he did not know that the woman was married, may concubinage because adultery makes possible the
be held liable for concubinage. If the woman knew introduction of another man’s offspring into the
that the man was married, she may be held liable for family so that the offended H may have another
concubinage as well. man’s son bearing H’s name and receiving support
from him.
Mistress – a woman taken by the accused to live with
him in the conjugal dwelling as his ARTICLE 335 – RAPE
mistress/concubine. [People v. Bacon and People v.
Hilao] Repealed by R.A. 8353.
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Motive of lascivious acts is not important because the offender. the commission of rape.
the essence of lewdness is in the very act itself.
Abuses against chastity (Art. 245) v acts of
Example: If the kissing etc. was done inside church lasciviousness (Art. 336)
(which is a public place), absence of lewd designs
may be proven, and the crime is unjust vexation only. Offenses against Chastity Abuses against Chastity
But if the kissing was done in the house of a woman Committed by a private Committed by a public
when she was alone, the circumstances may prove individual, in most cases officer only
the accused’s lewd designs.
Some act of Mere immoral or indecent
Absent any of the circumstances of rape under the lasciviousness should proposal made earnestly
rd
3 element, the crime is UNJUST VEXATION. (e.g. have been executed by and persistently is
touching of breast) the offender. sufficient.
Lascivious intent is implied from the nature of the act The accused followed the victim, held her, embraced
and the surrounding circumstances. her, tore her dress, and tried to touch her breast.
When a complaint for acts of lasciviousness was filed
Consider the act and the environment to distinguish against him, accused claimed that he had no
between Acts of Lasciviousness and Attempted intention of having sexual intercourse with her and
Rape. Desistance in the commission of attempted that he did the acts only as revenge. TC found the
rape may constitute acts of lasciviousness. accused guilty of FRUSTRATED ACTS OF
LASCIVIOUSNESS. SC held that there is no
No attempted and frustrated acts of lasciviousness. frustrated crime against chastity which includes acts
of lasciviousness, adultery, and rape. [People v.
Acts of Lasciviousness v. Grave Coercion Famularcano]
Acts of Lasciviousness Grave Coercion
Compulsion or force is Compulsion or force is the From the moment the offender performs all the
included in the very act constituting the elements necessary for the existence of the felony, he
constructive element of offense of grave coercion. actually attains his purpose.
force.
Must be accompanied by Moral compulsion Motive of revenge is of no consequence since the
acts of lasciviousness or amounting to intimidation element of lewdness is in the very act itself.
lewdness. is sufficient. Example: Compelling a girl to dance naked before a
man is an act of lasciviousness, even if the dominant
motive is revenge, for her failure to pay a debt.
Acts of Lasciviousness v. Attempted Rape
Acts of Lasciviousness Attempted Rape Two kinds of seduction:
(1) Qualified seduction (Art. 337)
Same means of committing the crime: (2) Simple seduction (Art. 338)
(1) Force, threat, or intimidation is employed; or
(2) By means of fraudulent machination or grave ARTICLE 337 - QUALIFIED SEDUCTION
abuse of authority; or
(3) The offended party is deprived of reason or Elements:
otherwise unconscious; or (1) That the offended party is a virgin, which is
(4) Victim is under 12 yrs. of age or is demented presumed if she is unmarried and of good
reputation;
Offended party is a person of either sex. (2) That the she must be over 12 and under 18 yrs. of
The performance of acts of lascivious character age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with
Acts performed do not Acts performed clearly her;
indicate that the accused indicate that the (4) That the there is abuse of authority, confidence,
was to lie w/ the offended accused’s purpose was to or relationship on the part of the offender.
party. lie w/ the offended
woman. Seduction - enticing a woman to unlawful sexual
Lascivious acts are the Lascivious acts are only intercourse by promise of marriage or other means of
final objective sought by the preparatory acts to persuasion without use of force. It applies when there
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If there is no sexual intercourse and only acts of The accused, a policeman, brought a 13-year old girl
lewdness are performed, the crime is acts of with low mentality, to the ABC Hall where he
lasciviousness. If any of the circumstances in the succeeded in having sexual intercourse with her. The
crime of rape is present, the crime is not to be complaint did not allege that the girl was a virgin.
punished under Art. 337. The accused was charged with RAPE but convicted
of QUALIFIED SEDUCTION.
The accused charged with rape cannot be convicted
of qualified seduction under the same information. HELD: Though it is true that virginity is presumed if
the girl is over 12 but under 18, unmarried and of
Offenders in Qualified Seduction: good reputation, virginity is still an essential element
(1) Those who abused their authority: (PaG-TE/C) of the crime of qualified seduction and must be
(a) Person in public authority; alleged in the complaint. Accused is guilty of RAPE,
(b) Guardian; considering the victim’s age, mental abnormality and
(c) Teacher; deficiency. There was also intimidation with the
(d) Person who, in any capacity, is entrusted with accused wearing his uniform. [Babanto v. Zosa]
the education or custody of the woman
seduced.
(2) Those who abused confidence reposed in them: Consented Abduction Qualified
(PHD) Seduction
(a) Priest; Means Requires the taking Requires abuse
(b) House servant; away of the victim of authority,
(c) Domestic w/ her consent confidence or
(3) Those who abused their relationship: relationship
(a) Brother who seduced his sister; Act Offender has sexual Taking away
(b) Ascendant who seduced his descendant. intercourse with lewd
designs
“Domestic” - a person usually living under the same
roof, pertaining to the same house. Wronged The girl The girl’s family
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HELD: There are similar elements between under 18 yrs. of age but over 12 yrs., or a sister or
consented abduction and qualified seduction, descendant, regardless of her reputation or age;
namely: (3) The offender accomplishes the acts by abuse of
(1) the offended party is a virgin, and authority, confidence, relationship, or deceit.
(2) over 12 but under 18 yrs. of age
It is necessary that it be committed under
However, an acquittal for CONSENTED ABDUCTION circumstances which would make it qualified or
will not preclude the filing of a charge for QUALIFIED simple seduction had there been sexual intercourse,
SEDUCTION because the elements of the two crimes instead of acts of lewdness only.
are different. [Perez v. CA]
When the victim is under 12 yrs., the penalty shall be
NOTE: The fact that the girl gave consent to the one degree higher than that imposed by law. (sec. 10
sexual intercourse is not a defense. of R.A. 7610)
ARTICLE 338 - SIMPLE SEDUCTION Males cannot be the offended party.
Elements:
(1) That the offended party is over 12 and under 18 Acts of Lasciviousness Acts of Lasciviousness with
years of age; (Art. 336) consent (Art. 339)
(2) That she is of good reputation, single or widow;
(3) That the offender has sexual intercourse with her; Committed under Committed under
(4) That it is committed by means of deceit. circumstances w/c, had circumstances w/c, had
there been carnal there been carnal
Purpose of the law - To punish the seducer who by knowledge, would knowledge, would
means of promise of marriage, destroys the chastity amount to rape amount to either qualified
of an unmarried female of previous chaste character or simple seduction
Virginity of offended party is not essential, good Offended party is a Offended party should
reputation is sufficient. female or male only be female
Promise of marriage after sexual intercourse does Habituality or abuse of authority or confidence is not
not constitute deceit. Promise of marriage by a necessary.
married man is not a deceit, if the woman knew him
to be married. It is not necessary that the unchaste acts shall have
been done.
Seduction is not a continuing offense.
Mere proposal will consummate the offense.
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH
THE CONSENT OF THE OFFENDED PARTY The victim must be of good reputation, not a
prostitute or corrupted person.
Elements:
(1) Offender commits acts of lasciviousness or SEE ALSO: RA 7610: SPECIAL PROTECTION OF
lewdness; CHILDREN AGAINST CHILD ABUSE, EXPLOITATION,
(2) The acts are committed upon a woman who is a AND DISCRIMINATION ACT
virgin or single or widow of good reputation,
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There is a crime of ATTEMPTED CHILD (1) Acts of lasciviousness against the will or without
PROSTITUTION. (Sec. 6, RA 7610) the consent of the offended party
(2) Qualified seduction of sister or descendant
ARTICLE 341 - WHITE SLAVE TRADE (3) Forcible abduction
Acts punishable:
(1) Engaging in business of prostitution The taking away of the woman must be against her
(2) Profiting by prostitution will.
(3) Enlisting the services of women for the purpose
of prostitution. The taking away of the woman may be accomplished
by means of deceit first and then by means of
Habituality is not a necessary element of white slave violence and intimidation.
trade.
If the female abducted is under 12, the crime is
‘Under any pretext’ – one who engaged the services forcible abduction, even if she voluntarily goes with
of a woman allegedly as a maid, but in reality for her abductor.
prostitution, is guilty under this article.
When the victim was abducted by the accused
Victim is under 12 yrs., penalty shall be one degree without lewd designs, but for the purpose of lending
higher. her to illicit intercourse with others, the crime is not
abduction but corruption of minors.
Offender need not be the owner of the house.
Rape may absorb forcible abduction, if the main
Maintainer or manager of house of ill-repute need objective was to rape the victim.
not be present therein at the time of raid or arrest.
Sexual intercourse is not necessary in forcible
abduction.
Corruption of Minors White Slave Trade
Lewd designs may be shown by the conduct of the
Minority of victims Minority is not required
accused. When there are several defendants, it is
essential
enough that one of them had lewd designs. Husband
Victims may be male or Applies only to females is not liable for abduction of his wife, as lewd design
female is wanting.
May not necessarily be for Generally for profit
profit Attempt to rape is absorbed in the crime of forcible
abduction, thus there is no complex crime of forcible
Committed by a single act Generally committed abduction with attempted rape.
habitually
Nature of the crime - The act of the offender is
violative of the individual liberty of the abducted, her
ARTICLE 342 - FORCIBLE ABDUCTION honor and reputation, and public order.
Elements:
(1) The person abducted is any woman, regardless Forcible Abduction Grave Coercion
of her age, civil status or reputation;
(2) The abduction is against her will; There is violence or intimidation by the offender.
(3) The abduction is with lewd designs. The offended party is compelled to do something
against her will.
Abduction – the taking away of a woman from her
Abduction is No lewd design, provided
house or the place where she may be for the purpose
characterized by lewd that there is no
of carrying her to another place with the intent to
design. deprivation of liberty for
marry or to corrupt her.
an appreciable length of
time.
Two kinds of abduction:
(1) Forcible abduction (Art. 342)
(2) Consented abduction (Art. 343) Forcible Abduction Corruption of Minors
Crimes against chastity where age and reputation are Purpose is to effect his Purpose is to lend the
immaterial: lewd designs on the victim to illicit intercourse
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The victim was abducted by the accused and was Purpose of the law - Not to punish the wrong done to
brought to a hotel where the latter succeeded in the girl because she consents to it, but to prescribe
having sexual intercourse with her. punishment for the disgrace to her family and the
alarm caused by the disappearance of one who is, by
HELD: The elements of both rape and forcible her age and sex, susceptible to cajolery and deceit.
abduction are proven. The presence of lewd designs
in forcible abduction is manifested by the If the virgin is under 12 or is deprived of reason, the
subsequent rape of the victim. [People v. Sunpongco] crime is forcible abduction because such is incapable
of giving a valid consent.
This is the Maggie Dela Riva story wherein Maggie
was abducted and brought to a hotel, where the 4 The taking away of the girl need not be with some
accused took turns in raping her. character of permanence. Offended party need not
be taken from her house.
HELD: While the first act of rape was being
performed, the crime of forcible abduction had When there was no solicitation or cajolery and no
already been consummated, hence, forcible deceit and the girl voluntarily went with the man,
abduction can only be attached to the first act of there is no crime committed even if they had sexual
rape, detached from the 3 subsequent acts of rape. intercourse.
The effect therefore would be one count of forcible
abduction with rape and 4 counts of rape for each of ARTICLE 344 - PROSECUTION OF PRIVATE
the accused. [People v. Jose] OFFENSES
(1) Adultery
The accused and 2 other men raped the victim. The
(2) Concubinage
victim was a jeepney passenger who was prevented
(3) Seduction
from leaving the jeepney. She was taken to a remote
(4) Abduction
place where she was raped.
(5) Acts of lasciviousness
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Nature of the complaint: The complaint must be filed Seduction, abduction, acts of lasciviousness
in court, not with the fiscal. In case of complex Seduction, abduction, or acts of lasciviousness must
crimes, where one of the component offenses is a be prosecuted upon complaint signed by—
public crime, the criminal prosecution may be (1) Offended party - When the offended party is a
instituted by the fiscal. minor, her parents may file the complaint.
(2) When the offended party is of age and is in
The court motu proprio can dismiss the case for complete possession of her mental and physical
failure of the aggrieved party to file the proper faculties, she alone can file the complaint.
complaint even if the accused never raised the (3) Parents, Grandparents or Guardian in that order
question on appeal.
When the offended is a minor or incapacitated and
Crimes against chastity cannot be prosecuted de refuses to file the complaint, any of the persons
oficio. mentioned could file.
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The adulterer and the concubine can be sentenced For purposes of sexual intercourse and lascivious
only to indemnify for damages caused to the conduct in child abuse cases under RA 7610, the
offended spouse. sweetheart defense is unacceptable. A child
exploited in prostitution or subjected to other sexual
Under the RPC, there is no civil liability for acts of abuse cannot validly give consent to sexual
lasciviousness. intercourse with another person. [Malto v. People
(2007)]
Art. 2219, CC: moral damages may be recovered in
seduction, abduction, rape, or other lascivious acts, RAPE; Exemplary Damages; Child Victims
as well as in adultery and concubinage. Exemplary damages must also be awarded in these
child abuse cases to deter others with perverse
The parents of the female seduced, abducted, raped, tendencies from sexually abusing young girls of their
or abused may also recover moral damages. own flesh and blood. [People vs. Abellera(2007)]
In multiple rape, all the offenders must support the
offspring. CHILD ABUSE; Pandering Child Prostitutes
Appellant’s violation of Sec. 5, Art. III of R.A. No.
Art. 283 (1), CC: Judgment to recognize the offspring 7610 is as clear as day. The provision penalizes
may only be given if there is pregnancy within the anyone who engages in or promotes, facilitates or
period of conception, which is within 120 days from induces child prostitution either by:
the commission of the offense. (1) acting as a procurer of a child prostitute; or
(2) inducing a person to be a client of a child
In rape of a married woman, only indemnity is prostitute by means of written or oral
allowed. advertisements or other similar means; or
(3) by taking advantage of influence or relationship
ARTICLE 346 – LIABILITY OF ASCENDANTS, to procure a child as a prostitute; or
GUARDIANS, TEACHERS AND OTHER PERSONS (4) threatening or using violence towards a child to
ENTRUSTED WITH THE CUSTODY OF THE engage him as a prostitute; or
OFFENDED PARTY (5) giving monetary consideration, goods or other
pecuniary benefits to the child with the intent to
Liability of ascendants, guardians, teachers or other engage such child in prostitution.
persons entrusted with the custody of the offended
party The purpose of the law is to provide special
(1) Persons who cooperate as accomplices but are protection to children from all forms of abuse,
punished as principals in rape, seduction, neglect, cruelty, exploitation and discrimination, and
abduction, etc. (see list below for the complete other conditions prejudicial to their development.
set of crimes referred to in this article):
(a) ascendants A child exploited in prostitution may seem to
(b) guardians “consent” to what is being done to her or him and
(c) curators may appear not to complain.
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place, or of the sauna, disco, bar, resort, place of selling, or trading them to engage in
entertainment or establishment serving as a prostitution, pornography, sexual exploitation,
cover or which engages in prostitution in forced labor or slavery, involuntary servitude or
addition to the activity for which the license has debt bondage;
been issued to said establishment. (d) To undertake or organize tours and travel plans
consisting of tourism packages or activities for
Comparison with art. 366, RPC the purpose of utilizing and offering persons for
Acts of lasciviousness is punished under RA 7610 prostitution, pornography or sexual exploitation;
when performed on a child below 18 years of age (e) To maintain or hire a person to engage in
exploited in prostitution or subjected to other sexual prostitution or pornography;
abuse. (f) To adopt or facilitate the adoption of persons for
the purpose of prostitution, pornography, sexual
Obscene publications and indecent shows exploitation, forced labor, slavery, involuntary
Punishable acts servitude or debt bondage;
Section 9. Obscene Publications and Indecent (g) To recruit, hire, adopt, transport or abduct a
Shows. – Any person who shall hire, employ, use, person, by means of threat or use of force, fraud,
persuade, induce or coerce a child to perform in deceit, violence, coercion, or intimidation for the
obscene exhibitions and indecent shows, whether purpose of removal or sale of organs of said
live or in video, or model in obscene publications or person; and
pornographic materials or to sell or distribute the (h) To recruit, transport or adopt a child to engage in
said materials shall suffer the penalty of prision armed activities in the Philippines or abroad.
mayor in its medium period.
Section 5. Acts that Promote Trafficking in Persons. -
If the child used as a performer, subject or The following acts which promote or facilitate
seller/distributor is below twelve (12) years of age, trafficking in persons, shall be unlawful:
the penalty shall be imposed in its maximum period. (a) To knowingly lease or sublease, use or allow to be
Any ascendant, guardian, or person entrusted in any used any house, building or establishment for
capacity with the care of a child who shall cause the purpose of promoting trafficking in persons;
and/or allow such child to be employed or to (b) To produce, print and issue or distribute unissued,
participate in an obscene play, scene, act, movie or tampered or fake counseling certificates,
show or in any other acts covered by this section registration stickers and certificates of any
shall suffer the penalty of prision mayor in its government agency which issues these
medium period. certificates and stickers as proof of compliance
with government regulatory and pre-departure
RA 9208: ANTI-TRAFFICKING IN PERSONS ACT requirements for the purpose of promoting
Punishable acts trafficking in persons;
Section 4. Acts of Trafficking in Persons. - It shall be (c) To advertise, publish, print, broadcast or
unlawful for any person, natural or juridical, to distribute, or cause the advertisement,
commit any of the following acts: publication, printing, broadcasting or
(a) To recruit, transport, transfer; harbor, provide, or distribution by any means, including the use of
receive a person by any means, including those information technology and the internet, of any
done under the pretext of domestic or overseas brochure, flyer, or any propaganda material that
employment or training or apprenticeship, for promotes trafficking in persons;
the purpose of prostitution, pornography, sexual (d) To assist in the conduct of misrepresentation or
exploitation, forced labor, slavery, involuntary fraud for purposes of facilitating the acquisition
servitude or debt bondage; of clearances and necessary exit documents
(b) To introduce or match for money, profit, or from government agencies that are mandated
material, economic or other consideration, any to provide pre-departure registration and
person or, as provided for under Republic Act services for departing persons for the purpose of
No. 6955, any Filipino woman to a foreign promoting trafficking in persons;
national, for marriage for the purpose of (e) To facilitate, assist or help in the exit and entry of
acquiring, buying, offering, selling or trading persons from/to the country at international and
him/her to engage in prostitution, pornography, local airports, territorial boundaries and
sexual exploitation, forced labor, slavery, seaports who are in possession of unissued,
involuntary servitude or debt bondage; tampered or fraudulent travel documents for the
(c) To offer or contract marriage, real or simulated, purpose of promoting trafficking in persons;
for the purpose of acquiring, buying, offering,
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(f) To confiscate, conceal, or destroy the passport, (e) Attempting to compel or compelling the woman
travel documents, or personal documents or or her child to engage in conduct which the
belongings of trafficked persons in furtherance woman or her child has the right to desist from
of trafficking or to prevent them from leaving the or desist from conduct which the woman or her
country or seeking redress from the government child has the right to engage in, or attempting to
or appropriate agencies; and restrict or restricting the woman's or her child's
(g) To knowingly benefit from, financial or otherwise, freedom of movement or conduct by force or
or make use of, the labor or services of a person threat of force, physical or other harm or threat
held to a condition of involuntary servitude, of physical or other harm, or intimidation
forced labor, or slavery. directed against the woman or child. This shall
include, but not limited to, the following acts
Section 6. Qualified Trafficking in Persons. - The committed with the purpose or effect of
following are considered as qualified trafficking: controlling or restricting the woman's or her
(a) When the trafficked person is a child; child's movement or conduct:
(b) When the adoption is effected through Republic (1) Threatening to deprive or actually depriving
Act No. 8043, otherwise known as the "Inter- the woman or her child of custody to her/his
Country Adoption Act of 1995" and said family;
adoption is for the purpose of prostitution, (2) Depriving or threatening to deprive the
pornography, sexual exploitation, forced labor, woman or her children of financial support
slavery, involuntary servitude or debt bondage; legally due her or her family, or deliberately
(c) When the crime is committed by a syndicate, or in providing the woman's children insufficient
large scale. Trafficking is deemed committed by financial support;
a syndicate if carried out by a group of three (3) (3) Depriving or threatening to deprive the
or more persons conspiring or confederating woman or her child of a legal right;
with one another. It is deemed committed in (4) Preventing the woman in engaging in any
large scale if committed against three (3) or legitimate profession, occupation, business
more persons, individually or as a group; or activity or controlling the victim's own
(d) When the offender is an ascendant, parent, money or properties, or solely controlling
sibling, guardian or a person who exercises the conjugal or common money, or
authority over the trafficked person or when the properties;
offense is committed by a public officer or (f) Inflicting or threatening to inflict physical harm on
employee; oneself for the purpose of controlling her actions
(e) When the trafficked person is recruited to engage or decisions;
in prostitution with any member of the military (g) Causing or attempting to cause the woman or her
or law enforcement agencies; child to engage in any sexual activity which does
(f) When the offender is a member of the military or not constitute rape, by force or threat of force,
law enforcement agencies; and physical harm, or through intimidation directed
(g) When by reason or on occasion of the act of against the woman or her child or her/his
trafficking in persons, the offended party dies, immediate family;
becomes insane, suffers mutilation or is afflicted (h) Engaging in purposeful, knowing, or reckless
with Human Immunodeficiency Virus (HIV) or the conduct, personally or through another, that
Acquired Immune Deficiency Syndrome (AIDS). alarms or causes substantial emotional or
psychological distress to the woman or her child.
RA 9262: ANTI-VIOLENCE AGAINST WOMEN AND This shall include, but not be limited to, the
THEIR CHILDREN following acts:
Punishable acts (1) Stalking or following the woman or her child
SECTION 5. Acts of Violence Against Women and in public or private places;
Their Children.- The crime of violence against (2) Peering in the window or lingering outside
women and their children is committed through any the residence of the woman or her child;
of the following acts: (3) Entering or remaining in the dwelling or on
(a) Causing physical harm to the woman or her child; the property of the woman or her child
(b) Threatening to cause the woman or her child against her/his will;
physical harm; (4) Destroying the property and personal
(c) Attempting to cause the woman or her child belongings or inflicting harm to animals or
physical harm; pets of the woman or her child; and
(d) Placing the woman or her child in fear of (5) Engaging in any form of harassment or
imminent physical harm; violence;
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(1) Offender has been legally married; The witness who falsely vouched for the capacity of
(2) The marriage has not been legally dissolved or, either of the contracting parties is also an
in case his or her spouse is absent, the absent accomplice.
spouse could not yet be presumed dead
according to the Civil Code; Bigamy is not a private crime.
(3) He contracts a second or subsequent marriage;
ARTICLE 350 - MARRIAGE CONTRACTED AGAINST
(4) The second or subsequent marriage has all the
PROVISIONS OF LAWS
essential requisites for validity.
Elements:
The first marriage must be valid. (1) Offender contracted marriage;
(2) He knew at the time that –
Nullity of marriage, not a defense in bigamy. (a) The requirements of the law were not
complied with; or
The fact that the first marriage is void from the (b) The marriage was in disregard of a legal
beginning is not a defense. As with voidable impediment..
marriage, there must be a judicial declaration of
nullity of marriage before contracting the second Bigamy is a form of illegal marriage.
marriage.
Illegal marriage includes also such other marriages
Good faith is a defense in bigamy. which are performed without complying with the
requirements of law, or marriages where the consent
Failure to exercise due diligence to ascertain the of the other is vitiated, or such marriage which was
whereabouts of the first wife is bigamy through solemnized by one who is not authorized to
reckless imprudence. solemnize the same.
One who contracted a subsequent marriage before Conviction of a violation of art. 350 involves a crime
the declaration of presumptive death of the absent of moral turpitude. (Villasanta v. Peralta, 101 Phil. 313)
spouse is guilty of bigamy.
ARTICLE 351 - PREMATURE MARRIAGE
The second marriage must have all the essential Persons liable:
requisites for validity. (1) A widow who is married within 301 days from the
date of the death of her husband, or before
One convicted of bigamy may also be prosecuted for having delivered if she is pregnant at the time of
concubinage as both are distinct offenses. The first is his death;
an offense against civil status, which may be (2) A woman who, her marriage having been
prosecuted at the instance of the state; the second is annulled or dissolved, married before her
an offense against chastity, and may be prosecuted delivery or before the expiration of the period of
only at the instance of the offended party. 301 days after the date of the legal separation.
The test is not whether the defendant has already The purpose of the law punishing premature
been tried for the same act, but whether he has been marriages is to prevent doubtful paternity. (People v.
put in jeopardy for the same offense. Rosal, 49 Phil. 509)
The second spouse is not necessarily liable for The Supreme Court considered the reason behind
bigamy. making such marriages within 301 days criminal, that
is, because of the probability that there might be a
Whether the second spouse should be included in confusion regarding the paternity of the child who
the information is a question of fact that was would be born.
determined by the fiscal who conducted the
preliminary investigation in this case. (People v. If this reason does not exist because the former
Nepomuceno, Jr., 64 SCRA 518) husband is impotent, OR was shown to be sterile
such that the woman has had no child with him, that
The second husband or wife who knew of first belief of the woman that after all there could be no
marriage is an accomplice. confusion even if she would marry within 301 days
may be taken as evidence of good faith and that
would negate criminal intent.
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faith in contracting the second marriage, (3) Slander by deed – defamation through acts
believing that she had been validly divorced from
her first husband, it is sufficient to say that Test of the defamatory character of words used:
everyone is presumed to know the law, and the Whether they are calculated to induce the hearers to
fact that one does not know that his act suppose and understand that the person against
constitutes a violation of the law does not exempt whom they (i.e. the defamatory words) were uttered
him from the consequences thereof. was guilty of certain offenses; OR are sufficient to
impeach his honesty, virtue or reputation, or to hold
Moreover, squarely applicable to the criminal him up to public ridicule. (U.S. vs. O’Connell)
case for bigamy, is People v. Schneckenburger,
where it was held that the accused who secured a First element: There must be an imputation of a
foreign divorce, and later remarried in the crime, a vice or defect, real or imaginary, OR any act,
Philippines, in the belief that the foreign divorce omission, condition, status, or circumstance;
was valid, is liable for bigamy. [Diego v.
Castillo(2004)] Imputation of a criminal act may be implied from the
acts and statements of the accused.
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(2) That the communication is addressed to an calling which gives the public a legitimate interest in
officer or board, or superior, having some his doings, his affairs and his character, has become
interest or duty in the matter. a “public personage” [Ayer Productions v. Capulong
(3) The the statements in the communication are (1988)]
made in good faith without malice in fact.
Based on the ruling in US v. Ocampo, proof of
Applying to the wrong person due to honest mistake knowledge of and participation in the publication of
does not take the case out of privilege. (US v. Bustos, the offending article is not required, if the accused
37 Phil. 731) has been specifically identified as “author, editor, or
proprietor” or “printer/publisher” of the publication.
Unnecessary publicity destroys good faith.
On January 25, 2008, the Court issued
The privileged character simply does away with the Administrative Circular No. 08-2008, entitled
presumption of malice. Guidelines in the Observance of a Rule of Preference in
the Imposition of Penalties in Libel Cases. The
The rule is that a communication loses its privileged Circular expresses a preference for the imposition of
character and is actionable on proof of actual malice. a fine rather than imprisonment, given the
circumstances attendant in the cases cited therein in
That the statement is a privileged communication is which only a fine was imposed by this Court on those
a matter of defense. To overcome the defense of convicted of libel.
privileged communication under par. 1 of art. 354, it
must be shown that: It also states that, if the penalty imposed is merely a
1) The defendant acted with malice in fact; or fine but the convict is unable to pay the same, the
2) There is no reasonable ground for believing the Revised Penal Code provisions on subsidiary
charge to be true. imprisonment should apply.
Fair and true report of official proceedings However, the Circular likewise allows the court, in the
Official proceedings refer to proceedings of the 3 exercise of sound discretion, the option to impose
branches of the government: judiciary, legislative, imprisonment as penalty, whenever the imposition of
and executive. a fine alone would depreciate the seriousness of the
offense, work violence on the social order, or
Requisites: otherwise be contrary to the imperatives of justice.
(1) That it is a fair and true report of a judicial, [Fermin v. People(2008)]
legislative, or other official proceedings which are
not confidential in nature, or of a statement, ARTICLE 355 - LIBEL BY WRITING OR SIMILAR MEANS
report, or speech delivered in said proceedings, or Libel may be committed by means of:
of any other act performed by a public officer in (1) Writing;
the exercise of his functions. (2) Printing;
(2) That it is made in good faith; and (3) Lithography;
(3) That it is without comments or remarks (4) Engraving;
(5) Radio;
The communication must be pertinent and material (6) Photograph;
to the subject matter. (7) Painting;
(8) Theatrical exhibition;
Doctrine of fair comment: Fair commentaries on (9) Cinematographic exhibition; or
matters of public interest are privileged and (10) Any similar means. (e.g. video broadcast)
constitute a valid defense in an action for libel or
slander.
Common characteristic of written libel: their
In order that a discreditable imputation to a public permanent nature as a means of publication.
official may be actionable, it must either be:
(1) A false allegation of fact; OR Use of amplifier system is not libel but oral
(2) A comment based on a false supposition. [People defamation (slander). But the defamation made in
v. Velasco (2000)] the television program is libel.
PUBLIC FIGURE – one who, by his accomplishments, In a libel case filed in August 2006 against RP
fame, mode of living, OR by adopting a profession or Nuclear Solutions and blogger Abe Olandres, the
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Pasig City Prosecutor dismissed the charges against (2) That such facts are offensive to the honor, virtue
them because they have no participation in the and reputation of said person.
creation. Neither did they have the authority to
modify the content of the site being hosted where This article is referred to as the Gag Law.
3
the allegedly libelous remarks were posted. Prohibition applies even if the facts are involved in
official proceedings.
The prosecutor however ordered the filing of cases
against two other respondents who never denied Newspaper reports on cases pertaining to adultery,
authorship of the posted comments. divorce, legitimacy of children, etc. are barred from
publication.
It remains debatable when the moment of
publication occurs with respect to statements made Under RA 1477, a newspaper reporter cannot be
4
over the Internet. One view holds that there is compelled to reveal the source of the news report he
publication once the statement is uploaded or posted made, UNLESS the court or a House or committee of
on a website. The other view maintains that Congress finds that such revelation is demanded by
publication occurs only when another person gains the security of the state.
access or reads the statement on the site
ARTICLE 358 - SLANDER
ARTICLE 356 - THREATENING TO PUBLISH AND OFFER TO Slander, or oral defamation is composed of two kinds:
PREVENT SUCH PUBLICATION FOR A COMPENSATION (1) Simple slander
Acts Punished: (2) Grave slander
(1) Threatening another to publish a libel
concerning – him, his parents, spouse, child or Factors that determine the gravity of the oral
other members of his family defamation:
(2) Offering to prevent the publication of such libel (1) Expressions used
for compensation or money consideration. (2) Personal relations of the accused and the
offended party.
The essence of this crime is blackmail, which is (3) The surrounding circumstances.
defined as any unlawful extortion of money by
threats of accusation or exposure. Illustration of grave slander:
A woman of violent temper hurled at a respectable
Blackmail can also be in the form of light threats, married lady with young daughters offensive and
which is punished under ARTICLE 283. scurrilous epithets including words imputing
unchastity to the mother and tending to injure the
ARTICLE 357 - PROHIBITED PUBLICATION OF ACTS
character of the daughters [U.S. vs. Toloso]
REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS
(GAG LAW) Illustration of simple slander:
(1) Calling a person a gangster
Elements: (2) Uttering defamatory words in the heat of anger
(1) Offender is a reporter, editor or manager of a with some provocation on the part of the
newspaper, daily or magazine; offended party
(2) He publishes facts connected with the private (3) The word “putang ina mo” is a common
life of another; expression in the dialect that is often employed
(3) Such facts are offensive to the honor, virtue and not really to slander but rather to express anger
reputation of said person. or displeasure. It is seldom, if ever taken in its
literal sense by the hearer, that is, as a reflection
Requisites of violation: on the virtue of a mother. [Reyes vs. People]
(1) That the article published contains facts
connected with the private life of an individual; The slander need not be heard by the offended party.
and
ARTICLE 359 - SLANDER BY DEED
Elements:
3
http://newsinfo.inquirer.net/breakingnews/infotech/ (1) Offender performs any act not included in any
view_article.php?article_id=68456 other crime against honor;
(2) Such act is performed in the presence of other
4
http://thewarriorlawyer.com/2007/03/04/libel-on- person or persons;
the-internet-under-philippine-law-part-ii/) (3) Such act casts dishonor, discredit or contempt
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upon the offended party. Liability of the editor is the same as that of the
author.
Slander by deed is a crime against honor which is
committed by performing any act which casts Lack of participation in the preparation of libelous
dishonor, discredit, or contempt upon another articles does not shield the persons responsible from
person. liability.
Slander by deed is of two kinds Under Republic Act no. 8792, otherwise known as
(1) Simple slander by deed the Electronic Commerce Act, a party or person
(2) Grave slander by deed acting as a service provider incurs NO civil or criminal
liability in the making, publication, dissemination or
There is no fixed standard in determining whether a distribution of libelous material if:
slander is serious or not; hence the courts have (1) The service provider does not have actual
sufficient discretion to determine the same, basing knowledge, or is not aware of the facts or
the finding on the attendant circumstances and circumstances from which it is apparent that
matters relevant thereto. making, publication, dissemination or
distribution of such material is unlawful or
Slapping the face of another is slander by deed if the infringes any rights;
intention of the accused is to cause shame or (2) The service provider does not knowingly receive
humiliation. a financial benefit directly attributable to the
infringing activity;
Fighting the offended party with intention to insult (3) The service provider does:
him is slander by deed. (a) not directly commit any infringement or
other unlawful act and
Pointing a dirty finger constitutes simple slander by (b) does not induce or cause another person or
deed. party to commit any infringement or other
unlawful act
Slander by deed and acts of lasciviousness – (c) and/or does not benefit financially from the
distinguished by presence of lewd designs. If such is infringing activity or unlawful act of another
present, it is an act of lasciviousness. person or party (Section 30, in relation to
5
Section 5, E-Commerce Law.
Slander by deed and maltreatment – the nature and
effect of maltreatment determines the crime Where to file the criminal action? It depends on who
committed. If the offended party suffered from the offended party is.
shame or humiliation caused by the maltreatment, it
is slander by deed. If he is a public officer, the criminal action can only
be instituted in either:
Slander by deed and unjust vexation – If it merely (1) RTC of the province or city where the libelous
annoys and irritates, without any other concurring article is printed and first published, OR
factor, it is unjust vexation. If the irritation or (2) RTC of the province or city where he held office
annoyance was attended by publicity and dishonor, it at the time of the commission of the offense
is slander by deed.
If he is a private person, the criminal action may be
ARTICLE 360 - PERSONS RESPONSIBLE FOR LIBEL
brought in:
(1) RTC of the province or city where the libelous
(1) The person who publishes, exhibits or causes the article is printed and first published, OR
publication or exhibition of any defamation in (2) RTC of the province or city where he actually
writing or similar means. resided at the time of the commission of the
(2) The author or editor of a book or pamphlet. offense
(3) The editor or business manager of a daily
newspaper magazine or serial publication. Civil and criminal action must be filed with the same
(4) The owner of the printing plant which court.
publishes a libelous article with his consent
and all other persons who in any way
participate in or have connection with its
publication. 5
http://thewarriorlawyer.com/2007/03/04/libel-on-
the-internet-under-philippine-law-part-ii/)
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Offended party must filed the complaint for utterance is where the by which he
defamation imputing a crime which cannot be unknown and source of the directly
prosecuted de officio. the offender defamatory incriminates or
simply repeats nature of the imputes to an
Libel imputing a vice or defect, not being an or passes the utterance is innocent person
imputation of a crime, is always prosecuted upon same to blemish known, and the commission
information signed and filed by the fiscal. the honor or offender makes of a crime
reputation of a republication
An action for exemplary damages in libel may be another thereof
awarded if the action is based on quasi-delict.
As far as this crime is concerned, this has been
No remedy for damages for slander or libel in case of interpreted to be possible only in the so-called
absolutely privileged communication. planting of evidence. If this act is resorted to, to
enable officers to arrest the subject, the crime is
ARTICLE 361 - PROOF OF TRUTH
unlawful arrest through incriminating innocent
When admissible? persons.
(1) When the act or omission imputed constitutes a
crime regardless of whether the offended party is This crime cannot be committed through verbal
a private individual or a public officer. incriminatory statements.
(2) When the offended party is a Government
employee, even if the imputation does not Perjury by Defamation
constitute a crime, provided it is related to the Incriminating
making false
discharge of his official duties. innocent person
accusations
Rule of actual malice: Even if the defamatory act of planting giving of false public and
statement is false, NO liability can attach IF it relates evidence and the statement under malicious
to official conduct, UNLESS the public official like in order to oath or making a imputation
concerned proves that the statement was made with incriminate an false affidavit, calculated to
actual malice, i.e., with knowledge that it was false or innocent person imputing to the cause dishonor,
with reckless disregard of WON it was false. person the discredit, or
commission of a contempt upon
That the publication of the article was an honest crime the offended
mistake is not a complete defense but serves only to party
mitigate damages where article is libelous per se.
ARTICLE 364 - INTRIGUING AGAINST HONOR
ARTICLE 362 - LIBELOUS REMARKS (1) Intriguing against honor is referred to as
(1) Libelous remarks or comments gossiping: the offender, without ascertaining the
(2) connected with the matter privileged under the truth of a defamatory utterance, repeats the
provisions of Art. 354, same and pass it on to another, to the damage
(3) if made with malice, of the offended party
(4) shall NOT exempt the author thereof nor the (2) This crime is committed by any person who shall
editor or managing editor of a newspaper from make any intrigue which has for its principal
criminal liability. purpose to blemish the honor or reputation of
another person.
Libelous remarks or comments on matters
privileged, if made with malice in fact, do not exempt Committed by any person who shall make any
the author and editor. intrigue which has for its principal purpose to
blemish the honor or reputation of another person.
CHAPTER II: INCRIMINATORY MACHINATIONS
Jurisprudence
ARTICLE 363 - INCRIMINATING INNOCENT PERSON
Intriguing Slander Incriminating Libel against a public official
against honor innocent person An open letter addressed to the stockholders of
the source of the offender made offender OPMC was the subject of a full-page advertisement
defamatory the utterance, performs an act published in 5 major daily newspapers. Coyiuto, Jr.,
wrote in his capacity as Chairman of the Board and
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President of OPMC, that there was a sweetheart deal backdrop of the case, the oral defamation was only
between Commissioner Mario Jalandoni of the PCGG slight. The trial court believed the defamation to be
and Rizal Commercial Banking Corp. (RCBC) to the deliberately done to destroy Atty. Escolango's
prejudice of the Government . reputation since the parties were political opponents.
The trial court failed to appreciate the fact that the
In the recent case of Vasquez v. Court of Appeals, et. parties were also neighbors: that petitioner was
al., the Court ruled that: "The question is whether drunk at the time he uttered the defamatory words;
from the fact that the statements were defamatory, and the fact that petitioner's anger was instigated by
malice can be presumed so that it was incumbent what Atty. Escolango did when petitioner's father
upon petitioner to overcome such presumption. died. In which case, the oral defamation was not of
Under Art. 361 of the Revised Penal Code, if the serious or insulting nature.
defamatory statement is made against a public
official with respect to the discharge of his official In Reyes v. People, we ruled that the expression
duties and functions and the truth of the allegation is "putang ina mo" is a common enough utterance in
shown, the accused will be entitled to an acquittal the dialect that is often employed, not really to
even though he does not prove that the imputation slander but rather to express anger or displeasure.
was published with good motives and for justifiable In fact, more often, it is just an expletive that
ends." punctuates one's expression of profanity. We do not
find it seriously insulting that after a previous
Moreover, the Court has ruled in a plethora of cases incident involving his father, a drunk Rogelio Pader
that in libel cases against public officials which relate on seeing Atty. Escolango would utter words
to official conduct liability will attach only if the expressing anger. Obviously, the intention was to
public official concerned proves that the statement show his feelings of resentment and not necessarily
was made with actual malice, that is, with knowledge to insult the latter. [Rogelio Pader v. People (2000)]
that it was false.
Imputations regarding official conduct do not carry Venue of criminal and civil actions in libel cases (Art.
the presumption of malice, hence even if the 360 and RA 4363 AN ACT TO FURTHER AMEND
defamatory statement is false, if malice was not ARTICLE THREE HUNDRED SIXTY OF THE REVISED
proven, there is no libel. Here petitioner failed to PENAL CODE)
prove actual malice on the part of the private Alfie Lorenzo, Allen Macasaet, Nicolas Quijano, Jr.,
respondents. Nor was the Court of the opinion that and Roger Parajes, columnist, publisher, managing
the open letter was written to cast aspersion on the editor, and editor, respectively of the newspaper
good name of the petitioner. "Abante" were charged before the RTC, with the
crime of libel. Respondents tried to have the
The paid advertisement merely served as a vehicle to complaint dismissed on the basis that Trinidad, the
inform the stockholders of the goings-on in the complainant was not a resident of Quezon City but
business world and only exposed the irregularities rather of Marikina. However, the RTC and the Court
surrounding the PCGG and RCBC deal and the of Appeals upheld Trinidad.
parties involved. [Mario C.V Jalandoni v Secretary of
Justice(2000)] HELD: In criminal actions, it is a fundamental rule
that venue is jurisdictional. Thus, the place where the
Slander (Art. 358) crime was committed determines not only the venue
Atty. Benjamin C. Escolango was conversing with his of the action but is an essential element of
political leaders at the terrace of his house when jurisdiction.
Rogelio Pader appeared at the gate and shouted
"putang ina mo Atty. Escolango. Napakawalanghiya In the case of Uy v. Court of Appeals and People of the
mo!" The latter was dumbfounded and embarrassed. Philippines, this Court had the occasion to expound
At that time, Atty. Escolango was a candidate for vice on this principle. It is a fundamental rule that for
mayor in the 1995 elections. Atty. Escolango filed jurisdiction to be acquired by courts in criminal cases:
with the Municipal Trial Court a complaint against (1) the offense should have been committed or any
Pader for grave oral defamation. The MTC rendered one of its essential ingredients took place within
decision convicting petitioner of grave oral the territorial jurisdiction of the court.
defamation. (2) Territorial jurisdiction in criminal cases is the
territory where the court has jurisdiction to take
HELD: Unquestionably, the words uttered were cognizance or to try the offense allegedly
defamatory. Considering, however, the factual committed therein by the accused.
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(3) Thus, it cannot take jurisdiction over a person individual and where he was actually residing at that
charged with an offense allegedly committed time.
outside of that limited territory. Whenever possible, the place where the written
(4) Furthermore, the jurisdiction of a court over the defamation was printed and first published should
criminal case is determined by the allegations in likewise be alleged. That allegation would be a sine
the complaint or information. qua non if the circumstance as to where the libel was
(5) And once it is so shown, the court may validly printed and first published is used as the basis of the
take cognizance of the case. venue of the action. [Macasaet v. People (2005)]
(6) However, if the evidence adduced during the
trial show that the offense was committed Unsealed letters
somewhere else, the court should dismiss the Sending an unsealed libelous letter to the offended
action for want of jurisdiction. party constitutes publication. [Magno vs.
People(2006)]
The law, however, is more particular in libel cases.
The possible venues for the institution of the criminal What constitutes publication; Fine Instead of
and the civil aspects of said case are concisely Imprisonment
outlined in Article 360 of the Revised Penal Code, as There is publication in this case. In libel, publication
amended by Republic Act No. 4363. means making the defamatory matter, after it is
written, known to someone other than the person
In Agbayani v. Sayo, we summarized the foregoing against whom it has been written.
rule in the following manner:
(1) Whether the offended party is a public official or Petitioner’s subject letter-reply itself states that the
a private person, the criminal action may be filed same was copy furnished to all concerned. Also,
in the Court of First Instance of the province or petitioner had dictated the letter to his secretary. It
city where the libelous article is printed and first is enough that the author of the libel complained of
published. has communicated it to a third person. Furthermore,
(2) If the offended party is a private individual, the the letter, when found in the mailbox, was open, not
criminal action may also be filed in the Court of contained in an envelope thus, open to public.
First Instance of the province where he actually
resided at the time of the commission of the While Vaca case is for violation of B.P. 22, we find the
offense. reasons behind the imposition of fine instead of
(3) If the offended party is a public officer whose imprisonment applicable to petitioner’s case of libel.
office is in Manila at the time of the commission We note that this is petitioner’s first offense of this
of the offense, the action may be filed in the nature. He never knew respondent prior to the
Court of First Instance of Manila. demand letter sent by the latter to Mrs. Quingco
(4) If the offended party is a public officer holding who then sought his assistance thereto. He appealed
office outside of Manila, the action may be filed from the decision of the RTC and the CA in his belief
in the Court of First Instance of the province or that he was merely exercising a civil or moral duty in
city where he held office at the time of the writing the letter to private complainant. In fact,
commission of the offense. petitioner could have applied for probation to evade
prison term but he did not do so believing that he did
In the case at bar, private respondent was a private not commit a crime thus, he appealed his case.
citizen at the time of the publication of the alleged
libelous article, hence, he could only file his libel suit We believe that the State is concerned not only in the
in the City of Manila where Abante was first imperative necessity of protecting the social
published or in the province or city where he actually organization against the criminal acts of destructive
resided at the time the purported libelous article was individuals but also in redeeming the individual for
printed. economic usefulness and other social ends.
Consequently, we delete the prison sentence
This Court finds it appropriate to reiterate our earlier imposed on petitioner and instead impose a fine of
pronouncement in the case of Agbayani, to wit: In six thousand pesos.
order to obviate controversies as to the venue of the
criminal action for written defamation, the complaint This is not the first time that we removed the penalty
or information should contain allegations as to of imprisonment and imposed a fine instead in the
whether, at the time the offense was committed, the crime of libel. In Sazon v. Court of Appeals, petitioner
offended party was a public officer or a private was convicted of libel and was meted a penalty of
imprisonment and fine; and upon a petition filed
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While playing one day, a child-Honey Fe heard a The trial court found the accused "guilty beyond
commotion from a nearby house and went to reasonable doubt of the crime of Double Homicide
investigate. She saw Randy Luntayao being tortured Through Reckless Imprudence with violation of the
and killed by Alexander Sibonga, Reynario Nuñez, Motor Vehicle Law (Rep. Act No. 4136)."
Eutiquia Carmen, Delia Sibonga, and Celedonia
Fabie. Apparently it was a ritual supposed to cure HELD: There is no such nomenclature of an offense
him of demonic possession. The father of the boy under the Revised Penal Code. Thus, the trial court
filed charges against the participants, and the child was misled to sentence the accused "to suffer two (2)
who witnessed the macabre incident testified as to indeterminate penalties of four (4) months and one
what she saw. The trial court convicted the (1) day of arresto mayor, as minimum, to three (3)
participants of murder. years, six (6) months and twenty (20) days of prision
correccional, as maximum."
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This is erroneous because in reckless imprudence for the operation. Surgery was performed but
cases, the actual penalty for criminal negligence Lourdes never regained consciousness and expired
bears no relation to the individual wilful crime or five days later. The trial court convicted Teofilo
crimes committed, but is set in relation to a whole Abueva for Reckless Imprudence resulting in
class, or series of crimes. Unfortunately, we can no Homicide.
longer correct this judgment even if erroneous, as it
is, because it has become final and executory. HELD: After a careful review of the records, the Court
agrees with the factual findings of the lower courts
Under Article 365 of the Revised Penal Code, showing that the victim, Lourdes Mangruban, fell
criminal negligence "is treated as a mere quasi rather than jumped off the bus.
offense, and dealt with separately from wilful
offenses. It is not a question of classification or The prosecution has provided sufficient, clear and
terminology. In intentional crimes, the act itself is convincing basis for the conclusion that Lourdes fell
punished; in negligence or imprudence, what is off the bus due to the reckless act of the petitioner.
principally penalized is the mental attitude or Article 365 of the Revised Penal Code states that
condition behind the act, the dangerous reckless imprudence consists in:
recklessness, and lack of care or foresight, the (1) voluntarily, but without malice,
imprudencia punible. (2) doing or failing to do an act from which
(3) material damage results
Much of the confusion has arisen from the common (4) by reason of inexcusable lack of precaution on
use of such descriptive phrase as 'homicide through the part of the person performing or failing to
reckless imprudence', and the like; when the strict perform such act,
technical sense is, more accurately, 'reckless (5) taking into consideration:
imprudence resulting in homicide'; or 'simple (a) his employment or occupation;
imprudence causing damages to property'." [Rafael (b) his degree of intelligence;
Reyes Trucking v People (2000)] (c) his physical condition; and
(d) other circumstances regarding persons,
time and place.
FACTS: Ireneo, Abundio and Lourdes Mangruban
were with their paralyzed aunt at a bus terminal. Petitioner herein is a professional driver who has
Lourdes Mangruban was tasked to accompany their been in the employ of the bus company for 18 years
paralyzed aunt to Butuan City. A dispatcher 26 and has undergone training courses and seminars
informed them that a bus bound for Tacloban via to improve his skills as a driver. He is expected to be
Cebu and Butuan was about to leave. They were told well aware of his responsibilities to his passengers.
to wait as the bus maneuvered to its proper position Not only must he make sure that they reach their
prior to departure. The said bus, driven by Teofilo destinations on time, he must also ensure their
Abueva, came to a full stop in front of the terminal safety while they are boarding, during the entire trip,
building. As they negotiated their way towards the and upon disembarking from the vehicle. [Abueva v.
back of the bus, Lourdes, with luggage in hand, was People (2002)]
waiting on the first stepboard when the bus suddenly
moved. Due to the sudden movement, according to FACTS: "In the evening of February 16, 1990, Pat.
the witness, Lourdes fell off the bus and hit her head Domingo Belbes and Pat. Jose Pabon were assigned
on the cement pavement below. to maintain peace and order at the Junior and Senior
Prom of Pili Barangay High School. Around 9:00
According to the witness, the driver did not p.m. while Teacher-In-Charge Mila Ulanca, Pat.
disembark to assist Lourdes, while a dispatcher of Pabon and Belbes were watching the dance, two
the bus company assured them that there was students approached Mrs. Ulanca and said "Ma'm, it
nothing to worry about because the victim was not seems that there is somebody making trouble." Pat.
bleeding. Petitioner continued driving per his Belbes and Pat. Pabon, armed with an Armalite rifle
scheduled trip. and a .38 caliber revolver, respectively, responded
forthwith. Moments after the two police officers left,
Lourdes was taken to the San Pedro Hospital where bursts of gunfire filled the air.
a brain scan revealed the presence of a blood clot
that needed immediate surgery. The bus company Fernando Bataller, a graduating student was hit on
refused to give financial assistance to the different parts of his body and died. The accused Pat.
Mangrubans. On their own, the family raised the Belbes stated that they acted in self defense. The
amount required by the hospital as downpayment
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