Quick Pointers in Criminal Law

(Book 2(Complete))
Notes from Lecture of Fiscal Salva (Ret.)
Former Chief Prosecutor, City of Manila
JURISTS BAR REVIEW CENTER
August 14, 2015
Notes
• This is not a complete transcript of the lecture
• The slides are limited to brief annotations, which the author humbly
found remarkable and especially enlightening.
• Made these slides to combat sleepiness and be productive, so forgive
some typographical and grammatical lapses
Prepared by:
Lawrence P. Villamar
(With cross-reference to my honey bunch Panky
Obbania)
Treason
• Continuing crime
• TWO WITNESS RULE – Only crime requiring two credible witnesses for
the same overt act as way of proving because war time is “abnormal
time”.
Conspiracy & Proposal to Commit Treason
• Conspiracy need not be accepted in proposal to commit treasin
Misprision of Treason
• A crime of ommission
• May only be committed by a Filipino citizen (note that this is not
expressly identified in the provision of the law).
• What must be reported is only conspiracy. If crime is committed
already, there can not be misprision if unreported.
Piracy under PD 522
• Stowaways may commit piracy undern PD 522, for the purpose of
which he is a stranger, unless he is invited by the captain.
Act of Terrorism (RA 9372)
• Sec. 49 – acquittal or conviction under RA 9372 bars prosecution for
crimes enumerated under Sec. 3 defining “acts of terrorism” under
which piracy is included.
Kinds of Arbitrary Detention
• See Art. 124 – 125 – 126 of RPC
Delay in Delivery of Detained Persons (Art.
125)
• Applies only to warrantless arrest
Delaying Release (Art. 126)
• Process server may be held liable
Remedy to Delayed Realease
• The speediest remedy is writ of habeas corpus
Expulsion (Art 127) vs Grave Coercion (Art.
286)
• If without lawful authority, then there may be grave coercion.
• Note that expulsion may only be committed by public officer or
piublic employee.
Violation of Domicile (Art. 128)
• There must either be express or implied prohibition.
• If entrance is through a window, there is prohibition as the window is
not meant to be a means of entry.
• If entry is allowed, does not mean “search is included” in permission.
• If policeman leaves but returns, there may be unjust vexation.
Search Warrant Maliciously Obtained (Art.
129)
• May also be liable for perjury as to obtain a search warrant, police
officer needs to execute an affidavit.
• ABUSE IN THE SERVICE -If valid, policeman must not use
unreasonable or excessive force. He may be charged with some other
crime, if he serves the warrant with unreasonable or excessive force.
• If nightime or failure to return seized things not covered by warrant,
the violation of domicile becmes qualified.
Dangerous Drug Act Of 2002
• “PLANTING OF EVIDENCE” - may be committed by “any person” not
only police officer, under Sec 29 of RA 9165.
• NOTE: Sec. 25 on Liability of Public Officer for Misappropriation etc
was asked in the bar exam – life imprisonment to death, plus fine.
JOKE TIME
• Fiscal Salva: “When I lecture to police men, I ask them why does their
curriculum include Agriculture? Planting of evidence, that’s
Agriculture. Tawa mga pulis!”
• (OVERHEARD) Police man in the audience: “Hindi lang dapat
Agriculture, Janitorial Services din! Pag-lilinis ng ebidensiya!”
• Fiscal Salva: “Ang korapsyon talaga, kahit saan…”
• PRIVATE JOKE from Stella Agustin: “Ah, kaya pala yung kakilala ko
naka-iPhone!”
Interruption of Religious Worship
• Covers traditions religious worship
• If not, may be covered by Art 131 “Prohibition of Peaceful Meeting”
Offending Religious Feelings
• Committing an offending act in a “place devoted to religious worship”
• There need not be worship at the time of commission
• Must be related to “religious ceremony”
• If not offending religious feeling, may be unjust vexation.
Crimes Against Public Order (Title 3)
• REBELLION - “Rising publicly and taking arms against the
Government” May be rephrased to “public armed uprising” for
purpose answering in the bar exam.
• No mention of Judiciary, only Chief Executive or Legislature in Art 134.
But may be liable for Sedition under Art 139.
• SC: “Common crimes committed in furtherance of rebellion are
absorbed.” (PURPOSE TEST: political motivation)
• Rape can not be absorbed as it may not be committed in furtherance
of a political motivation
Rebellion (Art 134)
• Rebellion may absorb murder if government recognizes that the
accused is a member of “Sparrow” or liquidation unit of the New
People’s Army.
• The court may take judicial notice and dIsmiss charge of murder
without prejudice to filing of rebellion
Inciting to Rebellion (Art 138)
• Offender may not be one who is already committing rebeallion
against the government
• Incite by means of speech, proclamations, writings,emblems,
banners, or other representations
Coup d’etat (Art 134-A)
• “To strike against the State”
• PURPOSE: To seize or diminish power of the State, but not to
overthrow it (unlike in rebellion).
• May be committed without public uprising, but by swift attack
• In rebellion, there must be a multitude. In coup d’etat, a single police
officer may commit the crime.
• In rebellion, address against entire Government. In coup d’etat,
directed against duly constituted authorities etc.
• Common crimes deemed absorbed, unless personally benefitted.
Sedition (Art 139)
• “Rise publicly and tumultuously”
• Manner and purpose enumerated in Art. 139 (1-5)
• To despoil means to render useless.
• Killing appreciated as a separate criminal act from sedition as the
provision of law does not include “taking of arms”, unlike in rebellion.
Inciting to Sedition (Art 142)
• No crime as “proposal to commit sedition”
• May be charge as principal by inducement to inciting to sedition
• Mere vessel of rebel may not be convicted of rebellion (see case of Ka
Beltran)
Act of Terrorism
• In advent of Human Security Act of 2007, use of violence to demand
government to give in to unlawful demand is act of terrorism
• Once convicted/acquitted, may no longer be charged with rebellion.
• Differentiate with complex crime(Art 48): In complex crime, cri inal
act seen in the eyes of the law as a single offense and penalty is for
serious crime in maximum period. Whereas in act of terrorism, if not
all requisites are not proven, accused must be acquitted (unlike in
ordinary crime, court may convict for lesser offense)
Disloyalty of Public Officers (Art 137)
• Three ways to commit (see codal provisions)
• If acts committed by private person, he is liable for rebellion, not for
disloyalty
• Only public officer or employee may commit this.
Violation of Parliamentary Immunity (Art 145)
• No criminal prosecution (Only for libel or oral defamation) when
committed in the performance of official function.
• Ammended by 1987 Constitution: now, only for crimes with penalty
of prision correctional
• If policeman stops Congressman for violations with penalty not
greater than prision correccional committed while he is on his way to
Congress, policeman is liable.
Tending to Prevent Meetings of Legislature
• Meeting, broader than sessions (Art 143)
Direct Assault (Art 148)
• Two ways to commit: (1) First way, may be committed by anyone, and
victim may be a private person (in relation to purposes of
rebellion/sedition, sans public uprising); (2) Second way, victim is a
public officer/person in authority.
• Always without public uprising.
• In second way, offender knows the victim is a person in
authority/agent of persons in authority, as it is a defiance of authority
(may be physical injury only)
• In second method, attack directed to “performance or past
performance of authority”
Persons in Authority/Agents (Art 152)
• Person directly vested with jurisdiction. Barrio captain/brgy chairman
included, only within their jurisdiction.
• Agent of Persons in Authority – election or appointment/
maintenance of public order/protection of life and property/comes to
aid of persons in authority
• Lawyers, professors, SUCs – person in authority while in the
performance of his duty
• In relation to direct/indirect assaults
• In relation to Art 151 – Resistance/disobedience
Direct Assault
• Victim should still be engaged in public service.
• If attendant with qualifying circumstance of treachery, then crime
may be co mpolex crime of direct assault with frustrated murder.
Qualifying circumstances
• Offender use a weapon
• When offender is a public officer
• When offender is a person in authority
• PENALTY – in maximum period
Indirect Assault Art 149
• There must be direct assault
• Attack directed to persons coming to the aid persons in authority
• SC: “Chief of Police is a person in authority.”
Resistance (Art 151)
• If resistance is serious, it is direct assault.
Unlawful Use of Publication (Art 154)
• Not bearing real printer’s name
• Offender must know what is publishing is false (false news)
Alarm and Scandal (Art 155)
• Charivari (see “Boado’s Notes”)
• “Midnight”
• Naked in public
• If playing with organ, grave scandal as contrary to morals.
Delivering Prisoners (Art 156)
• Without custody, any person assisting in the escape of prisoner
• Off duty jail officers
• PREVENTIVE IMPRISONMENT – not covered
• For escaped prisoner, offense is evasion of sentence (there must be a
final conviction) under Art 157
Evasion of Sentence (Art 157)
• Destierro included – though not imprisonment, it is deprivation of
liberty (Same comment with Atty/Dr Gabao)
Evasion under Art 158
• Ammended,see Art 98 – 2/5 deductions if did not escape when
afforded same opportunity
• Note that there must be a proclamation of the President
Violation of Conditional Pardon (Art 159)
• Subject to President’s discretion, but must be accepted by the
convict.
• Penalizes violation of condition.
Special Aggravating Circumstances
• Habitual Deliquency – Art 22/62(5)
• Reiteracion
• Recidivisim – Art 14 (9)
• Quasi Recidism – Art 160
• Cannot be offset
Forging Seal of President
• Art 161 - person who forged the signature
• Art 162 - person who used the document with forged signature
Forgery (Art 169/Public Interest)
• Only pertaining to treasury or bank notes.
Falsification under Art 171
• There must not be “colorable truth” in statements (Para 4)
Falsification under Art 172
• Ecclesiastical minister's liability only in connection with status of
persons. If not, then they are private individuals (see Art. 172)
• “Semblance of similarity” between genuine and false.
Falsification & Estafa
• There can be no complex crime of falsification and estafa (See Justice
Mario Lopez’ handout)
Ursupation of Authority undeArt 177
• No need to perform function to be liable
Fictitious Name (Art 178)
• Conceal crime
• Prevent justice/evading execution
• Causing damage, may be estafa.
• In relation: Anti Alias Law
• Without judicial approval
• Exception: celebrities, sports men
Illegal Use of Uniform
• Uniform that represents authority
• If uniform of prisoner, no liability under Art 179
False Testimony (Art 180/181)
• Degree of punishment depending on the outcome under Art 180 or
against defendant. Trial needs to be terminated.
Perjury
• Testifying false before agencies not judicial
• Executing a false affidavit
• Mere contradiction no liability except if malicious and proven with
any other witnesses.
Grave Scandal (Art 200)
• If windows are open, and private acts are open for public view, there
may be liability such as when a man brings home his mistress to a
private home.
• Law aims to protect morals in general, not a single individual
Vagrants And Prostitutes (Art 292)
• Under this proviion, only female may be prostitute (cross reference
this with Child Abuse Law)
Crimes Committed by Public Officers
• Public Officers – by direct provision of law, election or appointment
(Art 203)
• Malfeasance – perfomance of an act which should not be done
• Misfeasance – misperformance
• Non feasance – non performance an act which is required to be done
• Only a judge may be liable from Art 204 to 207; labor arbiter, not
judge though enjoying same salary and rank
• SC and other collegial courts justices my not be liable under this
provision
Unjust Judgment
• A judge who accepts a bribe and performs the act for which he was
bribe imay be liable for unjust judgment and bribery (“agree to
perform an act constituting a crime”)
Betrayal of Trust by An Attorney (Art 209)
• Consent of previous client is required,otherwise may be liable under
Art 209
Direct/Indirect Bribery (Art 210-211)
• Gift - tangible thing, something you can touch, not mere promise
(Note: useful for indirect bribery since coinsideration of promise
expressly included in direct bribery/qualified bribery ).
• If lawful, the direct bribery of the second kind.
• Except gift of small value not more than P50, 000, usually given
during joyous occasion*
• Formal crime (must be consummated)
Malversation of Public Funds
• Intentional or through negligence
• People vs Tabuena (MIA)
• Gabao: “May be committed by private persons entrusted with public
funds.” (property legally seized by public authority, as depository)
• Add’l: as a co conspirator with public officer/accomplice/accessory
• Return of fund is equal to voluntary surrender, if returned when
demanded. If on trial, merely extinguishes civil liability
Technical Malversation (Art 220)
• Illegal use of public funds
• “Specific public purpose” diverted to another public purpose.
Maltreatment of Prisoners
• May only be committed by one who has custody over the prisoner. If
not with custody, mere physical injury only.
Abuse Against Chastity
• Victim must always be female
• If relatives of prisoners of victim, warden still liable?
Parricide
• Only by blood relationship
• Adopted children, not included
Exceptional Circumstances (Art 247)
• Also applies to daughter not of age and living with parents
• Also include acts resulting from outrage (collateral damage: reckless
imprudence resulting to homicide only)
• People vs Abarca
Murder
• Treachery does not absorb evident premeditation but treated as
generic aggravating circumstance
Physical Injury (Art 252)
• Tumultuous affray – at least four persons involved, can not impute
authorship of blows
Giving Assistance to Suicide
• Penalty as if homicide is committed
• No liability on the part of person who committed suicide (remember
it may be successful or unsuccessful)
• If unsuccessful, lesser penalty of arresto mayor
Dicharge of Firearms
• Best evidence of intention to kill is death of the victim
• Can an offender be convicted of discharge of firearms instead of
attempted murder, if intent to kill is not proven? Yes.
Infanticide
• Less than three days of age
• If more than said age, parricide or homicide
• Conceal dishonor, only mitigating (Only mother can claim this in
abortion)
Mutilation
• Two kinds: (1) intentional mutilation damage to sexual organ; and (2)
other organ
JOKE TIME
• Fiscal Salva: “Why does mutilation (Reclusion perpetual) have a
higher penalty than homicide (prision mayor)? For one, the man can
no longer fulfil his mandate to ‘Go Forth and Multiply’. Second, he will
be known as the man without a weapon. Third, if the organ is not
severed, he will be known as the man with dead weapon!”
Physical injury
• Depending on healing period
• Except physical injury specifically denominated as serious such as one
that deforms the victim
Rape (Art 266)
• New: fraudelent machination
• New type of rape: sexual assault, by insertion his penis, object,
instrument to mouth or anal orifice.
• Don’t forget the two ways of committing rape in defining rape!
Kidnapping & Illegal Detention
• What is serious illegal detention
• Differentiate kidnapping and detention
• When is illegal detention serious
• Slight- victim can only be male not minor or female (if so, already
serious)
Unlawful forrest
• Purpose: delivering to authorities
• Offender: Private Individuals/Off duty public officer
Slavery
• Lesser penalty than kidnapping
• Kidnapping means of committing
• Services rendered for payment of debt (asked in the bar)
Trespass to Dwelling Vs Other Forms
• See absolutory (codal Art 280)
• If dwelling is abandoned, merely tresspass to property
• If homicide is afterthought of trespass, two crimes results.
Threats and Coercion
• Grave coercion – lawful purpose. If unlawful, kidnapping or forcible
abduction
• Ex: Lad wants to marry girl and deprived her liberty, grave coercion.
But if he is married, kidnapping results.
• Black Mail – Art 286 (publication for compensation
Robbery
• Note the kinds of robbery (NOTE: Discussion is very codal)
• Special complex crime of robbery (favorite bar question)
• Can homicide resulting from negligence during robbery be complexed
with crime of robbery? SC: No. See original Spanish text of para 1 Art
294
• Mere possession of pick locks penalized (preferatory act punishable)
• False key – genuine key lost by owner. Mere possession not
punishable.
PD 532 (Highway Robbery Brigandage)
• Higher penalty than simple robbery
• At least 4 armed man
• Indiscriminate
• SC: If there is only one victim targetted, there is no highway robbery
brigandage.
Theft
• Taking, with abuse of confidence, is qualified theft.
• Very codal discussion
Swindling and Other Deceits
• Art 315 (2)(d) in rel to BP 22
• Estafa – issuance of check is efficient cause. If bounces, two violation:
one under RPC and BP 22.
• Demand needed first. If within 3 days, it is paid, then no estafa. If
not,presumption that it was issued worthless, liable fo estafa.
• If compromised, bars prosecution of BP 22 (Complete defense). If
dishonored, 5 banking days from notice (grace period).
• Check issued for accomodation Etc, not a source of estafa
• Mere non payment of board and lodging, collection for sum of money
only, not estafa.
Access Device Law
• If fake card is used to purchase, liable for estafa and special penal law
of access device law.
• Can not be complexed.
Grave Coercion vs Robbery
• If a personal property is taken by owner against the will of unlawful
possessor is not robbery (no intent to gain), but there is grave
coercion (If lawful, estafa)
Arson
• If somebody died, qualified arson.
• If main purpose is to kill, crime is murder by means of fire.
• Malicious mischief incompatible with arson, as long as it is due to
hate to the prejudice of other persons.
BIGAMY
• Punishment: Prision mayor (joke: with accesory penalty of “two
mothers in law”)
• SC: “No marriage, no bigamy where parties only signed marriage
certificate without license nor registration.” (Bangayan vs Bangayan)
Cyber Libel
• Same elements in RPC
• “First accessed” – not proper laying of the venue, must be same In
RPC: where it was published or actual residence of offended party.
Reckless Imprudence
• Ivler case (double jeopardy)
• In relation to complex crime under Art 48