REVIEWER IN CRIMINAL LAW II I. R.A 9165 DANGEROUS DRUG ACT Elements: 1. Identity of the parties (buyer/seller) 2.

Object and consideration 3. Delivery of the thing sold execution of he contract of sale Ex: offeree offerror (negotiation) acceptance (perfection) 4. Payments 2 Kinds of Drugs 1. Dangerous Drugs 2. Controlled precursor SEC 5 correlate with SEC 26 penalize conspiracy, attempt to conspiracy. Even if there was no payment/delivery of the drug, if proven, there was conspiracy and selling even if not perfected, the person selling is liable. Penalty is the same. SEC 11 POSSESSIONS OF ILLEGAL DRUGS the trading, administration, delivery of dangerous drugs/controlled precursor. Elements: 1. The accused is in possession without authority. 2. Freely and consciously posses the drug. 3. Possession must be actual, constructive. 4. Need not be inclusive but may be joint. In the case of People vs Huang the Supreme Court held that possession need not be actual but constructive. HOW DO YOU KNOW IF THE POSSESSION WAS ACTUAL? (a) if holding and using it (b) if you have control over it, it means where it was recovered. SEC 12 POSSESSION OF PARAPHERNALIA The possession of such shall be prIma facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected or used a dangerous drug. SEC 13 TWO OR MORE ACCUSED SEC 15 USE OF DANGEROUS DRUG shall be liable as user at the Confirmatory Test which is a test to determine if you are a user. Liabilities: Possession + user (possession if found in your possession and being a user is absorb) SEC 15 is absorb by SEC 13.

SEC 21 REQUIREMENT TO PROVE THE IDENTITY OF A DRUG SEIZED FROM THE ACCUSED. to protect or safeguard the identity of the seized drug. Elements: 1. There must be markings to preserve the identity; 2. Should have inventory (a) what are those drugs; (b) how many drugs 3. It should have photographed in he presence of the accused 4. It should be done in the crime scene o all these must be in the presence of the accused and counsel o It can be done in the nearest precinct provided the official must explain why. 5. within 24 hours. SEC 36 DRUG TESTING For Students, officers and employees of public and private offices and officers and members of military, police and other law enforcement shall undergo a mandatory drug test. According to the Supreme Court all persons charged before the prosecutors office with a criminal offense have a penalty of not less than 6 yrs and all candidates for public office whether appointed or elected shall not undergo mandatory drug testing. ART 200 GRAVE SCANDAL consists of acts which are offensive to decency and good customs which having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. Elements: 1. That the offender performs an act 2. That such act be highly scandalous as offending against decency or good customs 3. That the highly scandalous conduct is not expressly falling within any other article of this code. 4. That the act or acts complained of be committed in a public place or within the public knowledge or view. ART 202 VAGRANTS (habitual loitering in a public place) AND PROSTITUTES (habitually committed. Art 203 CRIMES COMMITTED BY PUBLIC OFFICERS (any person who by direct provision appointed/elected shall take part).

ART 204 DERELICTION OF DUTY Liabilities Possession + Paraphernalia separate crime under Sec 14 and 12 guilty as a user and of possession ex: Marijuana + Shabu separate crime charge of 2 counts they are 2 different drugs MISFEASANCE improper performance of some act which might lawfully be done. MALFEASANCE Performance of an act which ought NOT to be done. NONFEASANCE omission of some act which ought to be performed.

ART 204, 205, 206 & 207 manifest the unjust judgment by JUDGES. ART 208 DERELICTION IN THE PROSECUTION OF OFFENSES undue injury, unwarranted benefits sufficient evidence must be present I they did not prosecute. - correlate it with R.A 3090 ART 210 DIRECT BRIBERY - committed by accepting. Elements: 1. Public Officers Only who solicit, demand or accept for the purpose of doing something 2. In the performance of their duties and functions 3. the offer from somebody may be voluntary or demanded by the public officer. PREVARICACION Both are committed by refraining doing something Pertains to the official duty of the officer NOT NECESSARY INDIRECT BRIBERY -same-

Liabilities: RA 3019 sec 3 (e) corrupt practices of public officers causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations and employees with the grant of license or permits of other concessions. RA 6713 Sec 7 (d) Prohibited acts and transactions (solicitation or acceptance of gifts) public officials and employees shall not solicit or accept directly or indirectly, any gift, favor entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by or any transaction which may be affected by the functions of their office. ART 217 MALVERSATION misappropriated the money of the money of the Government; also called embezzlement. Elements: 1. That the offender be a public officer 2. That he had the custody or control or funds or property by reason of the duties of his office; that those funds or properties were public funds or property for which he was accountable; 3. That he appropriated, took, misappropriated or consented or, thru abandonment or negligence, permitted another person to take them. in the absence of three elements the case is ESTAFA/THEFT.

The offender refrained from doing his official duty in consideration of a gift received or promised.

ART 211 INDIRECT BRIBERY gift by reason of your position without doing anything yet. P.D. 749 of 1975 immunity to givers, bribes, accomplice for the prosecution of the public officer. RA 3019 sec 3 (e) corrupt practices of public officers causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations and employees with the grant of license or permits of other concessions. QUALIFIED BRIBERY (applicable only to cases punishable by RP-Death) Elements: 1. That the offender is a public officer or entrusted with law enforcement (PNB/NBI/CUSTOM POLICE/BIR/AFP) 2. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by RP and or death; 3. That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present. ART 212 CORRUPTION OF PUBLIC OFFICER not necessary that there is acceptance. (giver or payer is punished)

ART 220 ILLEGAL USE OF PUBLIC FUNDS (TECHNICAL MALVERSATION) use the funds for other purpose, other that to which it is intended. Elements: 1. That the offender is a public officer 2. That there is public fund or property under his administration 3. That such public fund or property has been appropriated by law or ordinance 4. That he applies the same to a public use other that that for which such fund or property has been appropriated by law or ordinance. ART 245 ABUSES AGAINST CHASTITY (not crimes against chastity) Elements: 1. That the offender is a public officer; 2. That he solicit, propose earnestly and persistently something unchaste and immoral to a woman; 3. The advances must be immoral or indecent; 4. The crime is consummated by mere proposal

5. Proof of solicitation is not necessary when there is sexual intercourse. SEXUAL HARASSMENT Committed by an employer, employee, manager, supervisor, teacher, instructor, professor regardless whether the demand, request or requirement for submission is accepted by the object of said act. The sexual favor is made as a condition in the hiring or in the employment of said individual. CRIME AGAINST PERSONS
PARRICID E That a person is killed That the deceased is killed by the accused That the deceases is the father, mother, or child whether legitimate or illegitimate or a legitimate other ascendant or other descendent , or the legitimate spouse of the accused. RELATIONS HIP of the offender with the victim is the essential element of the crime. A STRANGER who cooperates in parricide will not be guilty of the same rather by Homicide only or murder MURD ER That a person was killed That the accuse d killed him That the killing was attend ed by any of the qualifyi ng circum stance s mentio ned in art 248 The killing is not parrici de or infantic ide. HOMICIDE That a person is killed That the accused killed him without any justifying circumstances That the accused had the intention to kill, which is presumed That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Unlawful killing of any person, which is neither parricide, murder not infanticide. ACCIDENTAL HOMICIDE death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent. CORPUS DELICTI actual commission of the crime charged; it means that the crime was actually perpetrated, and does not refer to the body of the murdered person. to distinguish ATTEMPTED, FRUSTRATED HOMICIDE from SLIGHT PYSICAL INJURY you must determine the INTENT TO KILL (weapon used and the INJURY) INFANT ICIDE That the child was killed That the decease d child was less than 3 days old of age. That the accused killed the said child killing of any child less than 3 days old of age, whether the killer is the parent or grandp arent, any other relative of the child, or a strange r.

1. BY A MAN WHO SHALL HAVE CARNAL KNOWLEDGE OF A WOMAN UNDER ANY OF THE FOLLOWING CIRCUMSTANCES (SEXUAL INTERCOURSE) Elements: 1. Offender is a man 2. Offender had carnal knowledge of a woman 3. Such act is accomplished under any of the ff circumstances: a. By using force or intimidation b. When the woman is deprived of reason or otherwise unconscious c. By means of fraudulent machination or grave abuse of authority d. When the woman is under 12 years of age or demented 2. SEXUAL ASSAULT Elements: 1. offender commits an act of sexual assault 2. That the said act is committed by any of the following means: a. by inserting his penis into another persons mouth or anal orifice b. by inserting any instrument or object into the genital or anal orifice of another person (male/female) 3. That the sexual act is accomplished under the circumstances mentioned in paragraph 1 STAGES OF RAPE: 1. Consummated enough that there was penetration, even partial or slight 2. Frustrated NONE 3. Attempted intent on the part of accused to have carnal knowledge of woman RAPE with HOMICIDE is a SPECIAL COMPLEX CRIME it should be CONSUMMATED There is a crime of multiple rape by 2 or more offenders (separate and distinct / 2 crimes committed)

NOT AN ELEMENT IN RAPE: 1. Father, fraudulent machination 2. Medical Examination 3. Virginity (morality of the victim essential) ART 267 KIDNAPPING DETENTION AND SERIOUS

is

not

ILLEGAL

RAPE is now PUBLIC CRIME which can be filed by the offended party, state, family etc

ELEMENTS: 1. That the offender is private individual 2. that he kidnaps or detains another in any other manner deprives the latter of his liberty 3. That the act of detention or kidnapping must be illegal 4. That in the commission of the offense, any of the following circumstances are present:

a. the kidnapping or detention lasts for more than 3 days b. it is committed simulating public authority c. any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made d. the person kidnapped or detained is a minor female, or a public officer ILLEGAL DETENTION
committed by a private individual who Unlawfully kidnaps, detains or otherwise deprives a person Of liberty crime against personal liberty and security

against his will, be it right or wrong

That the prevention or compulsion be effected by violence, threats or intimidation

That he seizes anything belonging to his debtor

ARBITRARY DETENTION
committed by public officer or employee who detains a person without legal ground

employee of the offender to purchase merchandise or commodities of any kind By paying wage due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines unless expressly requested by such laborer or employee

crime against the fundamental law of the State.

That the restraint shall not be made under authority of law or in the exercise of lawful right

THREATS AND COERCION ART 282 GRAVE THREATS

That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family of any wrong That such wrong amounts to crime

ART 283 LIGHT THREATS

That the offender makes a threat to commit a crime

ART 285 OTHER LIGHT THREATS

By threatening another by weapon, or by drawing such weapon in quarrel, unless it be in lawful self-defense By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat By orally threatening to do another any harm not constituting a felony

That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation That the purpose of the offender is to apply the same to the payment of the debt

CRIME AGAINST PROPERTY Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery. Elements: 1. That there be personal belonging to another 2. That there is unlawful taking of that property 3. That the taking must be with intent to gain 4. That there is violence against or intimidation of any person, or force upon anything. ROBBERY WITH VIOLENCE & INTIMIDATION The penalty depends on : a. value of personal property is immaterial b. result of violence used c. existence of intimidation only ROBBERY WITH FORCE The penalty is based on: a. Value of property taken b. On whether or not the offenders carry arms * In an uninhabited bldg., the penalty is based on the value of the property taken.

That the wrong does not constitute a crime

That there is a demand for money or that any other condition is imposed, even though not unlawful That the offender attains his purpose

That there is a demand for money or that other condition is imposed, even though not lawful That the offender has attained or not attained his purpose

That the threat is not subject to a condition

GRAVE COERCIONS
That a person prevented another from doing something not prohibited by law, or that he compelled him to do something

LIGHT COERCIONS
that the offender must be a creditor

OTHER LIGHT COERCIONS

by forcing or compelling, directly or indirectly or knowingly permitting the forcing or compelling of the laborer or

Robber with Homicide must be consummated No Robbery with Infanticide instead robbery with homicide

Robbery with Rape both must be consummated (no robbery with attempted rape) No robbery with serious physical injuries or robbery with multiple homicide it is ROBBERY WITH HOMICIDE all other killing will be absorbed but should be alleged in the information No Robbery with Homicide and Rape (with homicide, rape is absorbed) In robbery with Rape it must precede, but there should be an intent to rape and rob 2 separate and distinct crime. Robbery with arson must precede as well

the offender ABDUCTION FORCIBLE ABDUCTION Any woman regardless of her age, civil status or reputation That the abduction is against her will That the abduction is with lewd designs woman abducted may be married virginity is not an essential element sexual intercourse is not necessary if the female is under 12, it is not necessary that she be taken against her will Lewd designs may be shown by the conduct of the accused CONSENTED ABDUCTION That the offender must be a virgin That she must be over 12 or under 18 yrs of age That the taking away of the offended party must with her consent after solicitation from the offender That the taking away of the offended party must be with lewd designs

ATTEMPTED AND FRUSTRATED HOMICIDE Homicide is used in its generic sense Penalty is the same whether attempted or frustrated NOT attempted or frustrated if there is not overt act of robbery Robbery with homicide and attempted or frustrated robbery with homicide are special complex crimes ARTICLE 48 is applicable when offense committed is attempted or frustrated robbery with serious physical injuries. ARTICLE 48 PENALTY FOR COMPLEX CRIMES when a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. ARSON Any kind destruction by FIRE of MALICIOUS MISCHIEF any kind of destruction without fire

if the offender is under 12 it is forcible abduction when there is no solicitation and no deceit and the girl voluntarily went with man, there is no crime committed even if they have sexual intercourse ACTUAL sexual intercourse is not necessary, since the important element is merely lewd designs.

SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE QUALIFIED SEDUCTION offended party is a virgin, which is presumed if she is unmarried and of good reputation That she must be over 12 and under 18 yrs of age That the offender has sexual intercourse with her That there is abuse of authority, confidence or relationship on the part of SIMPLE SEDUCTIO N That the offended party is over 12 and under 18 yrs of age That she must be of good reputation, single or widow That the offender has sexual intercourse with her That is committed by means of deceit ACTS OF LASCIVIOUSNESS That the offender commits acts of lasciviousness or lewdness That the acts are commited upon a woman who is a virgin or single or widow of good reputation, under 18 yrs of age, but over 12 yrs or a sister of descendant regardless of her reputation or age That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.