Scribd Logo
Upload

Welcome to Scribd!

  • Book 2 Chapter 7-9

    Uploaded by

    Alyssa Salac
    129 views16 pages
    Notes book 2

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Notes book 2

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    129 views16 pages

    Book 2 Chapter 7-9

    Uploaded by

    Alyssa Salac
    Notes book 2

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 16
    BB, a naughty teenager, had engaged in several sexual inercourses. with numerous ladies. Bad all these sexcapades recorded, bumed in CDs, and sold in Raon, Manila, What crime has been committed, if any? S1VWoH of ISRO SAN TA LAV 38 SPECIFIC CRIMES AND THER ELE ENTS Chapter VIL CRIMES COMMITTED BY PUBLIC OFFICERS ‘We hang the pty thieves and appoint te great one o publ fics” Aco Within the corftemplation of Article 203 of the RPC, a public officer includes all persons “who, by direct provision ofthe Ja, popular election or appointment by competent authority shall ‘ake par in the performance of public functions inthe Government of the Philippine Islands, or shall perform in ssid Government ‘or in any of its branches public duties as an employee, agent or subordinate official, of any rank or lass." (See Marifasque v. People, GIR. No, 156685, July 27, 2004, 435 SCRA 332) 8 j i E Knowingly Rendering an Unjust Judgment (Art, 204) The elements are: (1) That the offenders judges (2) That he renders a judgment in a case submitted to him for decision; {G) That the judgment is unjust; (4) That the judge knows that his judgment is unjust. NOTES, ~ The fact that despite his court having no jurisdiction, the judge proceeded with the ease does not mean ‘a violation of Article 204 of the RPC. (US Granwan, 28 Phil 100) Direct Bribery (Art. 210) ‘The elements of the crime of direct bribery are thus: (1) “That the offender is a public officer within the scope of Article SPECIFIC CRONIES AND THEIR ELEMENTS 39 203; 2) That the offender accepts an offer oF a promise or receives a gift or present by himself or through another; (3) That such offer or promise be accepted, or gift or present received by the public officer — (a) With a view to commiting some crime; ‘or (b) In consideration of the execution ofan act which does not constitute a crime, but the act must be unjust; or (¢) To refrain from doing something which itis his oficial duty to do; (4) That ‘the act which offender agrees to perform of Which he executes be ‘connected with the performance of his official duties Indirect Bribery (Art. 21 On the other hand, the elements of the erime of indirect bribery, as defined in Antcle 211 of the RPC, ate: (1) That the ‘offender isa public officer; (2) That he accepts gifs; (3) That the ft are offered to im by reason ofhs afice. ‘S¥aoL440 ora AB EILLENNNOD SanNtAD tN waLAvEID — NOTES. ~ The essential ingredient of indirect bribery is that the public officer concerned must have accepted the gift, ‘or material consideration. (Gareia ». Sandiganbayan, G.R. No. 155574, November 20, 2006) (Qualified Bribery (Art. 211-A) ‘The elements of this crime are: (I) That the offender is a publi oficer entrusted with law enforcement; (2) That he refrains ‘rom arresting or prosecuting an offender who has committed a crime punishable by rcfusion perperua and/or death; (3) That the offender refrains from aresting or prosecuting in consideration of any promise, gif, or present. Malversation by Appropriating, Misappropriating oF Permitting Any Other Person to Take Public Funds or Property (Art.217) Malversation is otherwise called embezzlement, ‘The acts_being punished under Anicle 217 are: (1) Appropriating public funds or property; (2) Taking or rmisappropriating the same; (3) Consenting, or through, sibandonment or negligence, permitting any other person to take seh publie funds or property; (4) Being otherwise guilty of the rnisappropriation or malversation of such funds oF property. Common elements are: (1) That the offender be a public ofcer; 2) That he had the custody or control of funds or property by reason ofthe duties of hs office; (3) That these funds or property were public funds or property for which he was accountable; (4) That he appropriated, ook, misappropriated or consented or, through abandonment or negligence, permitted another person 10 take them. ‘SHIDL4I0 DFM AB OLLUIWOD SaMT TA WILE NOTES. - “Estafa and malversation are very similar, the difference lying in the character of the guilty person, the circumstances under which the crime were committed, and the things which were the objects of the criminal purpose: private property in estafa; public effects in malversation. Where the ‘neused is a public officer or employee, one test for determining, the nature of the crime is whether he received the funds or property in an official or ina private capacity. IF the accused had charge of the funds or property embezzled by reason of his office ‘or employment or was accountable forthe same, then the crime is, malversation, ifnot, then the crime isestata.” (Aquino and Grino- ‘Aquino, The Revised Penal Code Volume Two (1997 Edition), p. 509, citing Zoilo Tolentino, 69 Phil. 715 and Lafuente, 37 Phil ony ‘The presumption of malversation under Article 217 is, ‘merely prima facie and rebuttable. (Mahinay w Sandiganbayen, G.R. No. 61442, May 9, 1989) 40 SPECIFIC CRIMES AND THER ELEMENTS ‘eter Po Cae fol ‘SPECIFIC CRIES AND THEIR ELEMENTS Steed Pat cde Boa ai REVIEW QUESTIONS Failure of Accountable Oficer to Render Accounts (Art. 218) ‘The clements of this crime ate: (1) That the offender is public officer, whether in the service or scparted therefrom by resignation or any other cause: (2) That he is an accountable 41, Give fiveexamples ofrimes committed by public officers. officer for public funds or property (3) That he i required by law @ or regulation to render account to the Commission on Audit, o to 2) provincial auditor; (4) That he fails to do so fora period of two 6) months after such accounts shouldbe rendered. (See Lumauig @) People ofthe Philipines, GR. No, 166680, uly 7,2014) co) NOTES, - It is not required that thete be a demand first, before an accountable officer is held liable fora violation of the 2. What are the elements ofthe rime of knowingly rendering an unjust judgment? ‘Technical Malversation (legal Use of Public Funds or eee Property) (Art. 220) SS¥apt40 arTand Ae /LWWNOD SAO HA waLavIED 2 g z a g : 3 g 4 é ‘The crime has the following elements, viz: (1) That the ‘offender is a public officer; (2) That there are public funds or ‘property under his administration; (3) That such fund or property has been appropriated by law or ordinance; (4) That he applies such public fund or property to a public use other than that for ‘which it has been appropriated by law or ordinance. 4, What ae the lements of indirect bribery? ‘5. What ae the elements of qualified bribery? NOTES. - In technical malversation (illegal use of public funds), it is not necessary that the offender derives pecuniary ‘benefit unlike in malversation. (See Nolledo, The Revised Penal ‘Code Annotated (2008 Fifteenth Revised Edition], p.326) 6, What are the elements of technical malversation? ‘Where the public officer disposes ofthe money pursuant to an administrative directive of a superior, there is no erime of technical malversation committed (See US v Santas, 13 Phil, 1) 7. What isthe difference between estafa and malversation? SPECT CRIES AND THER ELEMENTS 43 42 ‘HECTIC CRIES ND THEIR ELEMENTS SSeaDLJ0 3¢7HNa AB CALUNOD SHH MA WALAVHO 8. Whats the difference between illegal use of public funds under Article 220 of the RPC and malversation? 9. Does the law require that there be a demand frst before fn accountable officer can be held lable for the crime of failure of accountable officer to render accounts? 10. A, an accountable officer, disposed of the money of their agency pursuant 10 an administrative directive of B, his superior. Is criminaly liable for technical malversation? Chapter VII CRIMES AGAINST PERSONS suave —J For i we're destayed, the knoweds is de Were nothing mere than dst jackets for book, somany pages to person.” i Ray Bradbury, Fale 451 Parviclde (Art. 246) ‘SxOSI ISNIVOV SURI The elements of the crime of parvicide are: (1) That a person is killed; (2) That the deceased is killed by the accused; (6) That the deceased is the father, mother, oF child, whether legitimate or illegitimate, or a legitimate other ascendant or other ‘hescendant, or the legitimate spouse, ofthe accused, Death or Physical Injuries Inflicted Under Exceptional Cireumstances (Art. 247) Its elements are: (1) That a legally married person, oF a parent, suprises his spouse or his daughter, the latter under 18 years ofage and living with him, i the at of committing sexual intercourse with another person; (2) That he oF she kills any oF both of them, or inliets upon any or both of them any serious physical inury in dhe actor immediately thereafter; (3) That he has not promoted or facilitated the prostitution of his wife or ‘laughter, oF that he or she has not consented to the infidelity of | the other spouse NOTES. ~The term “legally married person” of “spouse” may be the husband or the wife. (People v. Corter, 19 Pil 568) a4 ‘SPECIFIC CHIMES AND TIETR ELEMENTS Sree ft Cad Hot ‘SPECIFIC CRIMES AND THEIR ELEMENTS Seat Pol ae Ho 45 Inone ase, it was held thatthe fact thatthe wife was ising up and the man was buttoning his drawers does not necessarily follow that a man and a woman had commited the carnal act. (People »: Gonzales, 69 Phil. 6) Murder (Art. 248) ‘Tobold a person liable for murder, the eoncurrence ofthe following elements must be established, viz: (1) That a person was killed; (2) That the accused killed that person; (3) That the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and (4) That the killing is not paride or infanticide. (People ¥. Sameniano, 576 SCRA 840) sos ISNIVOV SaWa9 a WazAvI) — The qualifying circumstances mentioned in Aticle 248 are: (1) with treachery, aking advantage of superior strength, with the aid of armed men, oF employing means to weaken the defense, or of means or persons to insure or afford. impunity: (2) in consideration of a price, reward or promise; (3) by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, ‘by means of motor vehicles, or with the use of any other means involving great waste and ruin; (4) on oeeasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of @ volcano, destructive cyclone, epidemic, ‘or any other public calamity; (5) with evident premeditation; (6) with cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or ‘corpse. (As amended by R.A. No. 7659) NOTES. ~ The circumstances qualifying the killing to ‘murder must be alleged in the Information otherwise the killing may be considered merely as homicide, (See US x. Campo, 23 Phil. 369) 46 {SPECTIC CRIES NO THEIR ET EENTS ‘The testimony ofa single witness, if positive and credible, is sulicent to support a convietion even in a charge of murder (People v Dela Pena, Jt, 876 SCRA 371; People Satonero, 602 SCRA 769) Murder is now considered as an act of terrorism under R.A. No, 9372, Homicide (Art. 249) ‘The elements of the crime of homicide are: (1) That a person was killed; (2) That the offender killed him without any 3 justifying circumstances; (3) That the offender had the intention, to kill, which is presumed: (4) That the killing was not attended by any of the qualifying circumstances of murder, or by that of parrieide or infanticide. ‘snoswaa 1s Death Caused In a Tumultuous Affray (Art. 251) Its elements are: (1) That there are several persons; (2) That they do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; (3) That these several persons quarrelled and assaulted one another in ‘confused and tumultuous manner; (4) That someone was killed in the course ofthe affay; (5) That it can not be ascertained who ‘actually killed the deceased; (6) That the person or persons who inflicted serious physical injures or who used violence ean be identified. SPECTFTG CHIMES AND THEIR ELEWENTS a7 Physical Injuries Inflieted In a Tamultuous Affray (Art 252) ‘The elements are: (1) That there is a tumultuous affray; (@) Thata participant or some participants thereof suered serious physical injuries or physical injuries ofa less serious nature only; @) That the person responsible therefore cannot be identified; (4) “That all those who appear to have used violence upon the person, of the offended party are knovn. Inveavilo — Giving Assistance to Suicide (Art. 253) ‘The acts punished under Art 253 are:(1) Assisting another tocommit suicide, whether the suicide is consummated or not (2) Lending his assistance to another to commit suicide tothe extent of doing the killing himself, snoswai 1SNVOVSANRID Discharge of Firearms (Art. 254) ‘The elements of the erime of discharge of firearms are thus: (1) That the offender discharges a firearm against oF at another person; (2) That the offender had no intention to Kill that person. Infanticide (Art. 288) The elements of the crime of infanticide are: (1) That a child was killed; 2) That the deceased child was less than three days old or seventy-two hours old; (3) That the accused killed the said child. 48 SPECIE CRIES AND THEIR ELEMENTS teed fal Case ae Intentional Abortion (Art. 256) ‘The elements are: (1) That there is @ pregnant woman; (2) That violence is exerted, or drugs or beverages administered without the consent ofthe woman, of tht the accused otherwise ‘cts upon such pregnant woman with her consent; (3) That as a result of the use of violence or drugs or beverages upon het, or any other act of the accused, the fetus dies, ether in the womb or after having been expelled therefrom; (4) That the abortion is intended, Unintentional Abortion (Art. 257) (On the other hand, the elements ofthis crime are: (1) That there isa pregnant woman; (2) That violence is used upon svch pregnant woman without intending an abortion; (3) That violence is intentionally exerted; (4) That as a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom. Serious Physical Injuries (Art. 263) ‘The erime under Article 263 of the RPC is commited in the following manner (1) By wounding; (2) By beating; (3) By assaulting The elements of physical injuries are: (1) That a person beats, wounds or assaults another resulting injuries of the body; (2) That there is no intent to ill (See Nolledo, The Revised Pena Code Annotated (2008 Fittenth Revised Edition), p. 358) If there is intent to Kill, the erime may be atlempted or frustrated homicide Ibid.) SPECIFIC CRIES AND THEIR ELEMENTS Tatil nd Gas Mek i inwaLaviD (sos asnv san a ol Less Serious Physieal Injuries (Art. 265) ‘This crime has the following elements: (1) That the ‘offended pary is incapacitated for labor for ten days or more (but hot more than thirty days), or needs medical aitendance for the same period of time; (2) That the physical injuries must not be those described in the preceding articles Slight Physieal Injuries and Maltreatment (Art. 266) ‘The acts being punished under Article 266 are:(1) Physical injuries which incapacitated the offended party for labor from ‘one to nine day’, oF required medical atendance during the same period; (2) Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require ‘medical attendance; (3) Il-treatment of another by deed without causing any injury. i yi : : Rape (Art. 266-A) Article 335 (When and how rape is committed”) of the RPC has been repealed by R.A. No, 8553 (Anti-Rape Law of 1997) ‘The elements of the crime of rape under paragraph 1 ‘are: (1) That the offender is @ man; 2) That the offender had ‘carnal knowledge of a woman; (3) That such act is accomplished Under any of the following circumstances—(a) by using force ‘or intimidation; (b) when the woman is deprived of reason or otherwise unconscious; (e) by means of fraudulent machination fr grave abuse of authority: or (d) when the woman is under twelve years of age or demented. (See People of the Philippines ‘y Michael Joson y Rogando, G.R. No, 206393, January 21, 2015) 50 PECTS CRMTES ND THER ET PENTS ‘And the elements ofthe erime under paragraph 2 are as follows: (1) That the offender commits an act of sexual assault; (2) That the act of sexual assault is committed by any of the following means—{(a) by inserting his penis into another person's ‘mouth or anal orifice; or (b) by inserting any instrument or abject imo the genital or anal orifice of another person; (3) That the ‘act of sexual assault is accomplished under any of the following. circumstanes {a) by using force or intimidation; or (b) when the woman is deprived of reason or otherwise (c) by means of fraudulent machi authority; or tion or grave abuse of a 3 5 : (4) when the woman is under twelve years of age or demented, NOTES. - For one to be convicted of Qualified Rape, at least one ofthe agaravating/qualifyng circumstances mentioned in Article 266-B (Penalties) must be alleged in the information and duly proved during the wal, (People v: Basmayor, S78 SCRA, 369; People 1: Begino, $82 SCRA 189) ‘The bare testimony of the vietim as to her ageis insufficient proof of her age. (People » bale, Jr, 608 SCRA $35) ‘Two elements of statutory rape: (1) That the accused had ‘camal knowledge of a woman; and (2) That the woman is below [years of age. (People x. Aibalate, Jr, 608 SCRA $35) Statutory rape is commited by sexual intercourse with a woman below 12 years of age regardless of her consent to the act oF lack of it (People ». Canares, 579 SCRA $88) In rape cases, courts are govemed by the following principles: (1) An accusation of rape can be made with facility; itis difficult to prove but more difficult forthe person aceused, SPECIFICORIMES AND THEIR ELEMENTS 51 Setented fond Ce Hoa ‘though innocent, to disprove; (2) Dus tothe nature ofthe crime of apo in which ony two persons are usually involved, the testimony of the complainant must be seruinized with extreme caution; and G) The evidence for the prosecution must stand or fall on its own ‘merits and cannot be allowed to draw strength from the weakness of the evidence for the defense. (People ¥. Lagarde, $76 SCRA 809; People v. Basmayor, S78 SCRA 369) In rape cases, the accused may be convicted solely on the testimony of the victim, provided the testimony is credible, natural, convineing, and consistent with human nature and the ‘normal course of things (People w Valenzuela, $78 SCRA 157) ‘The basic element of rape is carnal knowledge of female, (Norberto Cruz». People of the Philippines, G.R, No. 166441, October 8, 2014) ‘SKS ISNIVOV SAND A WALAVIED ‘The slightest penetration consummates rape. In one case, itwas held that the law does not require penetration ofthe vagina entry ofthe labia is sufficient. People v Baylon, G.R. No, 56877, April 27,1984) For rape to be consummated, proof of entrance of ‘the male organ within the labia or lips of pudendum is sufficient (People x. Hemosad, L-41806, August 19, 1986) Rape Through Sexual Assault: Rape under the second paragraph of Article 266-A is also knawn as “instrument or object, rape,” “gender-free rape,” or “homosexual rape." The gravamen, ‘of rape through sexual assault is “the insertion of the penis into another person's mouth or anal orifice or any instrument or object, into another person's genital or anal orifice.” ‘The gravamen or esseie of the crime is the violation of the victim's dignity. The degree of penetration is not important. Rape is an assault on human dignity. (Richard Ricalde ». People of the Philippines, G.R. No. 21100, January 21,2015) 52 _ =e Paraphilia refers tothe preference or addiction to unusual sexual practices. (See People v. Tan, Jr, 264 SCRA 428) The charge of rape docs not include simple seduction (See People » Moreno, 321 SCRA 334) ‘The accused charged with rape cannot be convicted of «qualified seduction under the same information because rape and

    You might also like