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THE

KATARUNGANG
PAMBARANGAY
LAW
OBJECTIVES:

The Participants:
• shall understand the Brgy.
Officials ROLES in the KP
implementation;
• would understand the SPIRIT
of the KP Law;
OBJECTIVES:

• shall be able to understand the


PROCEDURE of the KP Law;
• shall know how to dispose
complaints NOT within the
jurisdiction of the KP.
OBJECTIVES:

• shall be able to identify the


Criminal cases within the
jurisdiction of the Lupon;
• shall be able to point out cases
not falling within KP
jurisdiction
OBJECTIVES:

• shall be able to identify the


elements of the Criminal cases
within the jurisdiction of the
Lupon;
LEGAL PROVISIONS UNDER
THE CIVIL CODE OF THE
PHILIPPINES
Civil Code of the
Philippines

Human Relations
Article 19.

Every person must, in the exercise of


his rights and in the performance of
his duties, act with justice, give
everyone his due, and observe
honesty and good faith.
(Abuse of Rights)
Article 20.

Every person who, contrary to law, wilfully or


negligently causes damage to another, shall
indemnify the latter for the same.
Article 21.

Any person who wilfully causes loss or injury


to another in a manner that is contrary to
morals, good customs or public policy shall
compensate the latter for damages.
Article 22.

(UNJUST ENRICHMENT)
Every person who through an act of
performance by another, or any other means,
acquires or comes into possession of
something at the expense of the latter
without just or legal ground, shall return the
same to him.
A person who DOES
NOT Understand can
NEVER Appreciate
COMMON TYPES OF CASES:
1)Criminal
2)Civil
3)Administrative
Criminal Case – is an offense
against the State.
Example:
• Theft
• Rape
• Robbery
• Dangerous Drugs Cases
Criminal Case

Penalties:
Imprisonment or Fine or
Community Service
Civil Case – is one by which a party
sues another for the enforcement or protection
of a right, or the prevention or redress of a
wrong. 
Example:
• Real estate disputes
• Breach of contract
• Collection of sum of money
• Property damage
Civil Case

Penalty: 
Award of Damages
Administrative Case – the
offense consists of a person's committing an
action that is PROHIBITED BY LAW or FAILING
TO DO WHAT IS PRESCRIBED BY LAW, and
doing so intentionally or through negligence.

Example:
• Gross Negligence
• Neglect of Duty
Administrative Case
Penalty:
Suspension, Dismissal,
Disqualification, Reprimand
THE
KATARUNGANG
PAMBARANGAY

LAW
(Sections 399 – 422,
LGC)
SECTION 399.
Lupong Tagapamayapa. –
(a) There is hereby created in each
barangay a lupong tagapamayapa,
hereinafter referred to as the lupon,
composed of the punong barangay, as
chairman and ten (10) to twenty (20)
members. The lupon shall be
constituted every three (3) years in
the manner provided herein.
SECTION 399.
(b) Any person actually residing or
working in the barangay, not
otherwise expressly disqualified by
law, and possessing integrity,
impartiality, independence of mind,
sense of fairness, and reputation for
probity, may be appointed a member
of the lupon.
SECTION 399.
(e) The list of appointed members
shall be posted in three (3)
conspicuous places in the barangay
for the entire duration of their term of
office. 
KP JURISDICTION & VENUE
JURISDICTIO
VENUE
N
authority that
is given to a
actual place
legal body to
where the
hear, (decide)
case is
and execute
heard
judgment of a
case
Jurisdiction

NATURAL PERSONS

ACTUAL RESIDENTS

SAME CITY or MUNICIPALITY

ALL DISPUTES
KINDS OF PERSONS
UNDER THE LAW

NATURAL PERSONS are


persons created by God

JURIDICAL PERSONS are


persons created by Law
3 KINDS OF JURISDICTION

1) Jurisdiction Over the


PERSON
• NATURAL PERSON
• ACTUAL RESIDENT
3 KINDS OF JURISDICTION

2) Jurisdiction Over The


TERRITORY
• SAME CITY or MUNICIPALITY
3 KINDS OF JURISDICTION

3) Jurisdiction Over The


SUJECT MATTER
• ALL DISPUTES
KINDS OF PERSONS
UNDER THE LAW

NATURAL PERSONS are persons created by


God
KINDS OF PERSONS
UNDER THE LAW

JURIDICAL PERSONS are persons created


by Law

• Corporations
• Registered Associations
• Lending Institutions (Financing
Companies, Banks)
• Cooperatives
Jurisdiction

ACTUAL RESIDENTS

Jurisprudence
1) Abagatnan et alia vs. Sps. Clarito
2) Pascual vs Pascual
 Complainant – Bank of the Philippine Islands
 Respondent – Malate, Manila
 Has Jurisdiction?
 NO
 Complainant – James (Sta. Mesa)
 Respondent – Paul (Tondo)
 Has Jurisdiction?
 YES

 Complainant – Romeo (West Rembo, Makati)


 Respondent – Rene (Sta. Ana, Manila)
 Slight Physical Injuries
 Has jurisdiction?
 NO
Exception

Where one party is a PUBLIC OFFICER


or EMPLOYEE & the dispute relates to
the performance of his official function
Complainant – Jose of San Miguel
Respondent – PB of Tondo
Case – Abuse of Authority

Ombudsman, Sangguniang Bayan


Exception

Where one party is the GOVERNMENT or


any subdivision or instrumentality
thereof
Complainant – George
Respondent – Barangay 1, Tondo

Sangguniang Bayan/Court/Ombudsman
Exception

Offenses where there is NO private


offended party
Complainant – Barangay 135, Tondo
Respondent – Cardo Dalisay
Case – Violation of Anti-Littering Ordinance

Court
Exception
• Complainant – Tondo, Manila
Where the dispute
• Respondent – West Rembo,
involves real Makati
properties located in • Land – Paliparan, Dasmarinas
different City
municipalities • Court/Lupon

Unless the parties • Complainant – Brgy. 135


thereto agree to Tondo, Manila
submit their • Respondent – West Rembo,
differences to Makati
amicable settlement • Land – Paliparan, Dasmarinas
by an appropriate • Paliparan, Dasmarinas City
lupon
Exception
• Complainant – West Rembo,
Disputes involving Makati
parties who actually • Respondent – San Andres,
reside in barangays of Manila
different • Case – Slight Physical Injuries
municipalities
• Court
Except where such • Complainant – San Antonio,
barangay adjoin each Makati
other & the parties • Respondent – Brgy. 765, San
thereto agree to Andres, Manila
submit their • Case – Less Serious Physical
differences to Injuries
amicable settlement • Brgy. 765 San Andres,
by an appropriate Manila/Court
lupon
Exception

Offenses for which the law prescribe a maximum


penalty of imprisonment exceeding 1 year
Any class of dispute which the President may
determine in the interest of justice or upon the
recommendation of the SOJ

Labor disputes – DOLE Regional Offices

Agrarian disputes – BARC

Disputes requiring urgent legal action: Accused


under detention, provisional remedies, actions
barred by statute of limitations
Does the KP have jurisdiction?
How to Check if the Lupon has
Jurisdiction
NATURAL ACTUAL SAME DISPUTE
PERSON RESIDENT MUNICIPALITY

/ / / /

YES
How to Check if the Lupon has
Jurisdiction
NATURAL ACTUAL SAME DISPUTE
PERSON RESIDENT MUNICIPALITY

/ / X /

NO
How to Check if the Lupon has
Jurisdiction
NATURAL ACTUAL SAME DISPUTE
PERSON RESIDENT MUNICIPALITY

X / X /

NO
JURISDICTIO
VENUE
N
authority that
is given to a
actual place
legal body to
where the
hear (decide)
case is
and execute
heard
judgment of a
case
Venue

Disputes between persons actually


residing in the same barangay

Complainant
LUPON OF
135, Tondo
SAID 135, Tondo
BARANGAY Respondent
135, Tondo
Venue

Those involving actual residents of different


barangays w/in the same city or municipality

Complainant
BARANGAY WHERE 135, Tondo
THE RESPONDENT
765, San
Respondent Andres
RESIDES
765, San
Andres
Venue
Those involving actual residents of different
barangays w/in the same city or municipality
Complainant
BARANGAY WHERE 135, Tondo 287, Binondo
THE RESPONDENT OR or
Respondent
ANY OF THE 659, Ermita
RESPONDENTS 1. 287, Binondo
or
RESIDES AT THE 2. 659, Ermita
ELECTION OF THE 654,
3. 654, Intramuros
COMPLAINANT Intramuros
KINDS OF PROPERTY

REAL PROPERTY PERSONAL PROPERTY


- Immovable property - Movable property
Ex. Land, Buildings, Trees Ex. Jewelries, cell
or plants which are still phone, car, animals
attached to the ground
Venue

Disputes involving real property or any


interest therein

BARANGAY WHERE Complainant


THE REAL 135, Tondo
PROPERTY OR THE Respondent
659, Ermita
LARGER PORTION 287, Binondo
THEREOF IS Land
SITUATED 659, Ermita
Venue

Those arising at the workplace/institution where


the contending parties are employed/enrolled for
study

BARANGAY Complainant
WHERE SUCH 135, Tondo
WORKPLACE OR Respondent
470, Sampaloc
INSTITUTION FOR 287, Binondo
STUDY IS
LOCATED UST
WHAT SHOULD THE
BARANGAY DO IF A
COMPLAINT NOT
COGNIZABLE BY THE KP
LAW IS LODGED WITH
THE BARANGAY?
IF THE COMPLAINT IS IF THE COMPLAINT IS NOT
COVERED BY THE KP LAW COVERED BY THE KP LAW

COLLECT FILING FEE BASED ON THE THE BARANGAY CANNOT DEMAND FOR
BARANGAY ORDINANCE FILING FEE UNLESS THERE IS AN
ORDINANCE PROVIDING FOR SUCH
FOLLOW THE KP PROCEDURE OR SEND AN INVITATION LETTER. CANNOT
SENDING SUMMONS COMPEL THE PARTIES
APPLY THE 15-DAY RULE FOR THE RULE DOES NOT APPLY. THE
MEDIATION OR CONCILIATION PARTIES MAY COME TO THE BARANGAY
ANYTIME
IF MEDIATED/CONCILIATED, THE IF THE PARTIES AGREE, THE
PARTIES WILL BE GIVEN A COPY OF THE AGREEMENT SHALL NOT NECESSARILY
SETTLEMENT AGREEMENT BASED ON BE BASED ON THE KP FORM
THE KP FORM
IF THE COMPLAINT IS IF THE COMPLAINT IS NOT
COVERED BY THE KP LAW COVERED BY THE KP LAW

IT IS MANDATORY THAT THE PUNONG IT IS NOT NECESSARY THAT THE


BARANGAY SHALL BE THE FIRST TO PUNONG BARANGAY WILL BE THE ONE
HANDLE THE MEDIATION OTHERWISE TO MEDIATE.
APPLY THE LAW ON SUCCESSION
THE PRESCRIPTIVE PERIOD OF THE THE PRESCRIPTIVE PERIOD OF THE
CASE SHALL BE SUSPENDED CASE SHALL NOT BE SUSPENDED
THE SETTLEMENT SHALL HAVE FORCE THE SETTLEMENT IS CONSIDERED A
AND EFFECT OF A COURT JUDGMENT. PRIVATE CONTRACT BETWEEN THE
IT CAN BE ENFORCED THROUGH PARTIES
EXECUTION BY THE CONCERNED
LUPON OR THE COURT
The Courts will surely give you the
Law; but NOT necessarily
JUSTICE.
THE
KATARUNGANG
PAMBARANGAY
LAW

PHILOSOPHY
PHILOSOPHY

1. Is the lawyer allowed to appear before


the Lupong Tagapamayapa to assist a
party to the dispute?

NO. Unless the lawyer is a party to the


dispute.
PHILOSOPHY

2. Is a Special Power of Attorney (SPA)


applicable in the Katarungang
Pambarangay?

NO. The real party-in-interest must be the


one to appear in the Lupong Tagapamayapa.

(Case reference: Spouses Clarito vs


Abagatnan)
PHILOSOPHY

Compels the parties to avail themselves of


the conciliation system as a pre-requisite or
a condition precedent to judicial recourse

Compulsory conciliation is imposed only


upon individuals who actually live in the
same city or municipality

Promotes harmonious relationship


amongst the populace
PHILOSOPHY

NO LAWYER is allowed during the hearing

Provides JUSTICE for the POOR


IMPORTANCE

promote the speedy administration of justice

implement the constitutional mandate to


preserve and develop Filipino culture and to
strengthen the family as a basic social
institution
help relieve the courts of docket congestion and
thereby enhance the quality of justice
dispensed by them
The key to a peaceful
and harmonious
Barangay is an effective,
efficient, dedicated and
full of Wisdom Lupon
Members!
CASES COVERED BY
KATARUNGANG
PAMBARANGAY LAW
OBJECTIVES:
• Identify the cases covered by the
Katarungang Pamabarangay Law
• Identify the Criminal Cases covered
under the Revised Penal Code
• Identify the elements of the Criminal
Cases
Prescriptive Period
- a specific time within which
an offender may be prosecuted
for the crimes committed.
COMMON CIVIL CASES
Filed in the Lupong Tagapamayapa
and their elements
CIVIL CASES - Generally ALL CIVIL CASES

(Morata, et al vs. Go, et al, 125 SCRA 444).


CIVIL CASE
1. COLLECTION ON SUM OF It may arise from:
MONEY
Prescriptive Period: • Contract of Lease
10 Years • Contract of Loan
• Contract of Services
• Contract of Sale, and
•  For liquidated damages
arising from contract. 
CIVIL CASE
2. DAMAGES  TYPES OF DAMAGES
1) MORAL
2) EXEMPLARY
3) TEMPERATE
4) ACTUAL
5) LIQUIDATED
CIVIL CASE ELEMENTS
3. TWO TYPES OF 1)prior physical possession
EJECTMENT CASES:
of the property;
A. FORCIBLE ENTRY 2)unlawful deprivation of
it by the defendant
Prescriptive Period:
1 Year from the through force,
dispossession intimidation, strategy,
threat or stealth.
CIVIL CASE ELEMENTS
B) UNLAWFUL DETAINER 1. Initially, the possession of the property
by the defendant was by contract with or
by tolerance of the plaintiff.
Prescriptive Period:
1 YEAR 2. Eventually, the possession became
should be counted from the date illegal upon the plaintiff’s notice to the
of the last demand to vacate defendant of the termination of the latter’s
because it was only from that right of possession.
time that the petitioners'
possession became illegal. 3. Thereafter, the defendant remained in
possession of the property and deprived
the plaintiff of the latter’s enjoyment.

4. Within one year from the making of the


last demand on the defendant to vacate
the property, the plaintiff instituted the
Complaint for ejectment.
SPECIAL LAWS
(Criminal Cases)
Filed in the Lupong
Tagapamayapa and their
elements
Special Law
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
PD 1612 – Violation of 1. A crime of robbery or theft
has been committed;
- Damages
the Anti-Fencing Law 2. A person, not a participant in
if the value of the said crime, buys, receives,
possesses, keeps, acquires,
property subject of conceals, sells or disposes, or
robbery or theft does buys and sells; or in any
manner deals in any article or
not exceed P20,000 item, object or anything of
value;
3. With personal knowledge, or
PP: 5 Years should be known to said person
that said item, object or
anything of value has been
derived from the proceeds of
the crime of robbery or theft;
4. With intent to gain for
himself or for another;
Special Law
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
BP 22 (Bouncing Check (1) the making, drawing, - Double the amount of
Law) – Issuing checks and issuance of any check
to apply for account or for
the check
without sufficient value;
funds for an amount (2) the knowledge of the
maker, drawer, or issuer
not exceeding that at the time of issue he
P2,500 does not have sufficient
funds in or credit with the
drawee bank for the
PP: 4 Years payment of the check in full
upon its presentment; and
(3) the subsequent dishonor
of the check by the drawee
bank for insufficiency of
funds or credit.
CRIMINAL CASES
(under Revised Penal Code)
Filed in the Lupong
Tagapamayapa and their
elements
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 155. ALARMS Discharging any firearm, - Actual damages
rocket, firecracker, or other
AND SCANDALS. — explosives within any town
(Alarma ug Eskandalo) or public place calculated to
cause alarm or danger;

Disturbing the public peace N.B.


Prescriptive Period: 2 while wandering about at Only Unjust
Months night or while engaged in
Vexation
any other nocturnal
amusement; if the noise is
directed to a person
Causing any disturbance or
scandal in public places or family. 
while intoxicated.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 252. 1. That there is a - Actual damages
tumultuous affray;
PHYSICAL INJURIES 2. That a participant or
( hospitalization,
INFLICTED IN A some participants thereof medicine, fare )
TUMULTUOUS AFFRAY suffer serious physical
injuries or physical injuries
(Bun-og o samad sa of a less serious nature
lawas atol sa lamuk- only;
lamuk) 3. That the person
responsible therefor cannot
be identified; and
PP: 5 Years 4. That all those who
appear to have used
violence upon the person of
the offended party are
known.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 265. LESS 1. The offended party - Actual damages
SERIOUS PHYSICAL  is incapacitated for ( hospitalization,
INJURIES labor for 10 days or medicine, fare,
compensation for work )
(Dili grabe nga pag more but not more
bun-og o samad) than 30 days, or
needs attendance for
PP: 5 Years the same period;
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 266. SLIGHT Physical injuries  - Actual damages
PHYSICAL INJURIES which incapacitated ( hospitalization,
AND MALTREATMENT the offended party medicine, fare,
(Gamay nga pag bun- from one to nine days, compensation for work )
og, pagsamad ug or required medical
attendance during the
pagmaltrato) same period;
PP: 2 Months Ill-treat another by
deed without causing
any injury.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 269. Unlawful That the offender arrests - Actual damages
arrest or detains another
person.
PP: 5 Years That the purpose of the
offender is to deliver him
to the proper authorities.

That
the arrest or detention is
not authorized by law or
there is no reasonable
ground therefor.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 280. SIMPLE 1. That the offender is a - Actual damages
TRESPASS TO private person;
DWELLING 2. That he enters the
dwelling of another;

PP: 5 Years 3. That such entrance is


against the latters will.

4. Without the use of


violence or
intimidation
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 281. OTHER 1. That the offender - Actual damages
FORMS OF TRESPASS enters the closed
premises or the fenced
estate of another
2. That the entrance is
PP: 2 Months made while either of
them is uninhabited;
3. That the prohibition
to enter be manifest;
4. That
the trespasser has not
secured the permission
of the owner or the care
taker thereof.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 282. GRAVE 1. By threatening - Actual damages
THREATS another with the
infliction upon his
person, honor, or
PP: 5-10 Years property or that of his
family of any wrong
amounting to a crime
Qualifying Circumstance:
demanding money
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 283 – LIGHT 1. That the offender - Actual damages
THREATS makes a threat to
commit a wrong;
(Gaan nga panghulga) - Ex. blackmailing
2. That the wrong does
not constitute a crime in
PP: 5 Years itself;

3. That there is a


demand for money or
that other condition is
imposed even though
not unlawful;
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 285 – OTHER 1. Any person who - Damages
LIGHT THREATS shall threaten
another with a
weapon or draw
PP: 2 Months such weapon in a
quarrel, unless it be
in lawful self-
defense.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 286 – GRAVE 1) that a person is prevented by - Damages
another from doing something not
COERCION prohibited by law, or compelled to do
something against his will, be it right
or wrong;
2) that the prevention or compulsion
is effected by violence, threats or
intimidation; and
3) that the person who restrains the
will and liberty of another has no right
to do so, or in other words, that the
restraint is not made under authority
of law or in the exercise of any lawful
right.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 287 – LIGHT Coercion by a creditor- the - Damages
COERCION crime committed by a
creditor who, with violence,
PP – 2 months shall seize anything
belonging to his debtor for
the purpose of applying the
same to the payment of his
debt.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 287-A. Any human conduct which, - Damages
UNJUST although not productive of
VEXATION some physical or material
harm, would unjustly annoy
PP – 2 months or irritate an innocent
person.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 309 – Theft (not 1. That there be taking of - Actual damages
to exceed P20,000.00) personal property;
2. That said property - ( value of the
belongs to another; thing, property,
3. That the taking be done rights)
with intent to gain;
PP: 5 Years 4. That the taking be done
without the consent of the
owner;
5. That the taking be
accomplished without the
use of violence against or
intimidation of persons or
force upon things.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 312. 1. That the offender takes - Actual damages
possession of any real
OCCUPATION OF REAL property or usurps any real - ( value of the
PROPERTY OR rights in property; thing, property,
USURPATION OF REAL 2. That the real property or rights)
real rights belong to
RIGHTS IN PROPERTY another;
3. That violence against or
intimidation of person is
used by the offender in
occupying real property or
usurping real property or
usurping real right in
property;
4. That there is intent to
gain.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 313. 1. That there be - Actual damages
ALTERING boundary marks or - ( value of the
monuments of towns,
BOUNDARIES OR provinces, or estates, or thing, property,
LANDMARK any other marks rights)
(Pag-usab sa utlanan intended to designate
ug timailhan) the boundaries of the
same;
2. That the offender
PP: 2 Months alters said boundary
marks.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 315. 1. That the accused - Actual damages
SWINDLING/ ESTAFA defrauded another by
abuse of confidence, or
- Pagpangilad (dili by means of deceit;
mulabaw sa
P1,200,000.00 ang 2. That the damage or
kantidad) prejudice capable of
PP: 5 Years pecuniary estimation is
caused to the offended
party or third persons.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 316. OTHER Any person who, - Actual damages
FORMS OF pretending to be the
owner of any real
SWINDLING property, shall convey,
PP: 5 Years sell, encumber or
mortgage the same.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 328-330. 1) that the offender - Actual damages
deliberately caused damage
Malicious Mischief to the property of another;

PP: 2 Months – 10 2) that such act does not


constitute arson or other
Years crimes involving
destruction;

3) that the act of damaging


another’s property be
committed merely for the
sake of damaging it 
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 338. Simple - seduction of a woman - Actual damages
seduction who is single or a
widow of good
reputation,
PP: 5 Years
- over twelve but under
eighteen years of age,

- committed by means
of deceit
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 339 – Acts of - making a physical - Actual damages
lasciviousness with contact with the body of
another person for the
consent of offended purpose of obtaining
party (Pahimulos nga sexual gratification other
lawasnon nga dunay than, or  without 
pagtugot sa intention of,  sexual
gipahimuslan) intercourse.

PP: 5 Years
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
ARTICLE 364. - An act that make - Actual damages
INTRIGUING AGAINST any intrigue which
HONOR (Pang intriga has for its principal
batok sa dungog) purpose to blemish
the honor or
PP: 2 Months reputation of
another.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 358. Slander - 1) there must be an - Actual and Moral
imputation of a crime, or of
Defamation in spoken a vice or defect, real or Damages
form (slander). imaginary, or any act,
omission, status or
circumstances; (2) made
PP: 2 Months – 10 orally; (3) publicly; (4) and
Years maliciously; (5) directed to a
natural or juridical person,
Oral defamation may either be or one who is dead; (6)
simple or grave. It becomes which tends to cause
grave when it is of a serious dishonour, discredit or
and insulting nature. contempt of the person
defamed.
Cyber Crime
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Cyber Libel Cyber Libel or Online
Libel NOT under the
jurisdiction of the
barangay.
Why? Penalty is prision
mayor in its minimum
period, which is from six
years and one day to
eight years and medium
period, which is from
eight years and one day
to 10 years.
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 359 – Slander by Any act which shall cast - Actual damages
Deed dishonor, discredit or
contempt upon another
person. (Sagpa or
PP: 2 Months - 10 pagpakauwaw nga wala
Years nag gamit ug panultihon)
Criminal Cases under RPC
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
Art. 363. Incriminating Any person who, by any - Actual damages
innocent person. act not constituting
perjury, shall directly
incriminate or impute to
PP: 2 Months an innocent person the
commission of a crime
Other Crimes Punishable by 1Year
Imprisonment and Below RPC
Art. 154 – Unlawful use of means of publication and unlawful utterances
Art. 174 - False medical certificates; false certificates of merit or service
Art. 175 – Using false certificates
Art. 178 - Using fictitious names and concealing true names
Art. 179 - Illegal use of uniforms or insignias
Art. 253 – Giving assistance to suicide if suicide is not consummated
Art. 288 - Other similar coercion (compulsory purchase of merchandise
and payment of wages by means of tokens
Art. 290 - Discovering secrets through seizure of correspondence
Art. 291 - Revealing secrets with abuse of office
Art. 319 - Removal, sale or pledge of mortgaged property
Art. 356 -Threatening to publish and offer to prevent such publication for
a compensation (otherwise referred to as “Blackmail”)
Art. 357- Prohibited publication of acts referred to in the course of official
proceedings
Question: Legal effect if grave offense is settled
before the Lupon?
Answer: Binding insofar as civil aspect of case only.
(DOJ Opn No. 229, S. 1982).

Question: Procedure for multiple offenses.


Answer: Do not add penalties. However, if some are
cognizable by Lupon but others not, refer cases to
Prosecutor’s Office. (DOJ Opn Nos. 110, s. 1981, 92, s.
1982).

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