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Criminal Law Notes For Bar 2011 - Glenn Tuazon
Criminal Law Notes For Bar 2011 - Glenn Tuazon
Preliminary
TABLE OF CONTENTS:
against persons.
Can there be common law crimes in the Philippines?
o No. There are no common law crimes in the Philippines, unlike
England and the U.S.
of Columbia)
X is a citizen of Iran, but is also an honorary
consul. He was caught in possession of drugs. Is
he exempt from prosecution?
stipulations.
How does international law become domestic law, under the 1987
Constitution?
o Either by transformation or incorporation.
o Transformation requires that the I-law be transformed into
C) ministers-residents
D) charges-de-affaires
This principle is inviolable; they are not subject to local
penal laws.
positivist theory?
o 1. ISL
o
o
preferential application
officer
committed
grave
oral
(Liang v. People)
2. RA 7055 Members of the AFP and officers charged with
martial
Civilian court determines before arraignment
and
punish
infringement
of
customs,
territorial seas
The was an English vessel in Phil. territory, not in transit. Accused
was smoking opium on the ship.
o HELD: Convicted. The SC followed the English rule, because
of OEC.
P.D. 749 immunity granted to those furnishing
information re: violation of bribery, indirect bribery,
service-connected offenses
Sandiganbayan)
Omnibus Election Code one who reports to the
Civilian
prosecuted here?
It continued to Singapore.
What are the exceptions to the territoriality rule of criminal law?
o 1. Commission of an offense in a Philippine ship or airship
territory
government securities
3. Introduction into the Philippines of the forged/counterfeited
Can they be
drugs.
What is the nature of the high seas?
o Free for all.
o Is it possible that a crime was committed beyond the
of the Philippines
4. Public officers and employees who commit an offense in the
Art. 3: felonies
is no criminal intent.
What about culpa?
o Not intent, but negligence, imprudence, lack of foresight, or
this, for instance, from the mere fact that the victim
died from a deliberate act.
must be proved.
Ex. intent to gain in theft. One is found in possession
delictual act.
Must motive be proved for dolo?
o Not in general. Motive is not an essential element of crime.
But there are instances where motive is a prerequisite to
conviction of accused.
by culpa.
o Not a valid defense for felony by culpa or by SPL.
What is abberatio ictus and its implications?
o This is mistake in the victim of the blow. There is still criminal
In this
lack of skill
May one be criminally liable for crimes of omission?
o YES. The following must concur:
o
o
themselves.
What is error in personae and its implications?
motive,
and
not
due
to
resulting
from
He should have
reckless imprudence?
prohibitum?
o Not all. Some can be malum in se.
o A. Plunder is malum in se, for three reasons:
Under
frustrated homicide?
conspiracy
quasi-offense.)
o Yes. (Rafael Reyes Trucking v. P)
o Note the difference: Under Art. 3, culpa is mode of committing
no
Yes.
accused
When is criminal intent not needed to commit a crime?
o 1. Culpa
o 2. Crimes malum prohibitum
Is reckless imprudence under Art. 365 a felony under Art. 3? (It is a
be
exceptional
can
There
with
recklessness,
negligence,
or
imprudence.
Can there be conspiracy resulting from negligence?
the
law,
mitigating
and
extenuating
death.
a crime (felony).
possession.
Can the use of unlicensed firearm
aggravating circumstance?
aggravating circumstance.
o B. Violation of Trust Receipts law
o C. Anti-fencing Law
What is the rule on liability for those who have committed a felony?
o That person is liable for natural (ordinary course of things) and
logical (reasonable connection) consequences of his criminal
o
o
act
The act must be the proximate cause of the effect.
What is proximate cause?
prohibitum. (Tigoy v. P)
prohibitum crime.
Two persons went to the public forest and cut timber, which is a
2. Negligence of doctor
of the victim.
Examples where even if the resulting wrongful act was different from
the offenders intention, he is liable for that resulting act
Rules of Evidence?
o A person is
under RA 8353)
Accused robbed a store and to shut up the woman inside, he
jammed a pan de sal in her mouth. She died by asphyxiation.
One
person stabbed him. The other, not knowing that the first one
mortal.
o Both are liable for homicide.
An accused committed reckless imprudence, and due to this, two
people died.
ordinary
the
contemplate
on different tables.
to
presumed
What is the relevant presumption under Rule 131, Sec 5(c) of the
There
is
intent
and
performance
but
no
offender.
What if the person knew the factual condition?
crime.
Ex. offender accepted goods which he believed to
When does the courts duty to report to the President, through the
DOJ, apply?
o 1. Acts which are not punishable by law, but should be
o 2. Clearly excessive punishment
o NOTE: in these cases, the court must still render the proper
criminal inclinations/tendencies.
What is the penalty for impossible crimes?
o Under Art. 59 of the RPC, the imposable penalty for impossible
o
penalties.
The court can simply recommend, but not impose
clemency,
its
still
the
Executives
prerogative.
Article 5 does not apply to crimes defined by SPL, because of the use of
because
crime
What are the elements of an attempted crime?
o 1. Commenced execution directly, by overt acts
Ex. surveillance
as he desists voluntarily.
But if he desists during the objective stage,
there is no exculpation
But may he be liable for any other felony already
Yes.
o 3. Due to cause or accident other than spontaneous desistance
What are the elements of a frustrated crime?
o 1. All the acts of execution needed to produce the felony are
present
connection.
reached
2. But it was not produced by reason of causes independent of
the perpetrators will
10
The wound
attempt.
Even if the accused believed that he inflicted a mortal wound,
but he did not, it is merely attempted, not frustrated.
The
already consummated
It is not the mere entry; the SC said that the entry
acts of lasciviousness.)
2. Sexual assault
By analogy
3. Robbery
o
o
1. Physical injuries
imperfect.
8. Arson
by
third
persons,
the
crime
is
consummated.
Is there attempted or frustrated culpa?
o No.
What if what was charged was the frustrated stage and only the
attempted crime was proved. Can an accused be convicted?
o Yes, the frustrated stage necessarily includes the attempted
stage.
Same
with
attempted/frustrated stages.
11
consummated
crimes
and
PI?
o
censure.
Who are punishable for light felonies?
o Only principals and accomplices.
o Accessories are not liable because light felonies are
the crime.
These acts must indubitably point to or indicate a joint purpose,
reasonable doubt.
But it can be proved by indirect proof, such as inferences from
acts of the accused before, during, and after the commission of
commit a crime.
What is required to prove a conspiracy?
o Same degree of proof to establish the crime, in order to prevent
For the above acts, the mere conspiracy is punishable. But the
etc.
What are the two types of conspiracy?
o 1. Express conspiracy
12
The
of purpose is instantaneous.
It is essential that the conspirator participated in the
such)
Ex. Access device regulation, Sec. 11: conspiracy to
agreement.
Three kinds of special conspiracy:
o 1. wheel conspiracy there is one person (hub) and his
underlings (stokes)
narcotics
Ex. drugs
3. enterprise conspiracy Racketeer Influenced and Corrupt
Article 157?
o This is the situation where a convict or a person who escapes
design.
Conspirators are held to have intended the consequences of
their act, by engaging in conspiracy. So, liability extends to
Organizations (RICO)
What is the kind of conspiracy and connivance contemplated in
13
Conspiracy is a
stabbed the victim and ran. Y did not run, and he was caught.
Capital punishment
conspiracy.
Relate conspiracy with aggravating circumstances of evident
o
to reclusion perpetua)
2. Less grave felonies
spontaneous.
Price applies to the co-conspirators acting as offeror and
acceptor.
Does the laxity of a public officer in investigating or prosecuting
14
suspension,
arresto
mayor,
prision
correccional)
3. Light felonies
Arresto menor
correctional penalty
What is the relevance of knowing this classification?
o Complex
crimes require grave or less grave felonies
o To determine the duration of the subsidiary penalty
o
o
Art. 10
otherwise.
What if the penalty provided by an SPL follows RPC nomenclature?
o The RPC applies suppletorily, ex. mitigating circumstances.
R.A. 9165, amended by 9344; Dangerous Drugs Act provisions of
RPC shall not apply to violations of DDA, except in the case of minor
offenders
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees under Art. 63
What does the Anti-hazing law provide as re: praeter intentionem?
o Sec. 4 provides that praeter intentionem does not apply as a
absolutory.
criminal liability.
o Ex. buy-bust operations
In instigation, the idea of the crime is induced
in the mind of the lawbreaker. It is absolutory
perpetua
o
15
principal by inducement.
2. Spontaneous desistance in the attempted stage
and property
o 4. Accessories in light felonies
o 5. Accessory relatives who help relatives escape (Art. 20)
o 6. Art. 247 death under exceptional circumstances
o 7. Certain relatives in estafa, theft, malicious mischief
o 8. Somnambulism
o 9. Mistake of fact (Achong)
o 10. Repeal of penal law, whether absolute or modification
What is the nature of self-defense?
o Self-defense is an act to save life; thus, it is an act, not a crime.
o There is no such thing as accidental self-defense because it
imminent.
Is slapping unlawful aggression?
o Yes. It is unlawful aggression against his honor. The face of a
person is akin to his dignity, honor, etc.
What is the effect of presence of multiple wounds on the victim in a
claim of self-defense?
o The nature of wounds belies a claim of self-defense because it
shows a determined effort to kill the victim, and not mere self-
mitigating circumstance.
If it is unlawful aggression plus one other, then it is a
evidence shifts.
judicial confession?
o It is NOT a judicial confession, but just a judicial admission. He
these terms because she says that the burden of proof shifts.)
What are the requisites of self-defense?
o 1. Unlawful aggression
o 2. Reasonable means necessary to repel it
o 3. Lack of sufficient provocation by the defender
What is ABSOLUTELY necessary out of these?
o Unlawful aggression. Without it, even if the two others are
defense.
Compare P v. Jaurige and P v. De la Cruz as re: reasonable means:
o BOTH cases involved defense of honor.
o Jaurige: mere touching of thigh, in church, in daylight. She
killed him with fan knife. No self-defense appreciated. The
o
o
o
16
involved
What is the rational equivalence rule in reasonable necessity?
o The law does not demand material commensurability between
intercourse. The paramour ran and the wife dressed up. Gonzales
expected.
What is the rule when a person is attacked?
o Not anymore retreat to the wall; now, it is: Stand your ground
went out. When he got back, he heard rustling leaves. He saw the
paramour and the wife, who was putting on her panties.
aggression.
What is the exception?
self-help.
When is there sufficient provocation?
o Provocation is sufficient if it is sufficient to incite the person to
attack.
Is Art. 247 (an absolutory cause?
o Yes. Because the only imposed penalty is destierro. And
sexual congress.
Can one invoke Article 11 in Article 247 cases?
o Suggestion: Husband also has right to invoke his honor and
defend it, so Art. 11 can be invoked by the one discovering the
(P v. Gonzales)
DISSENT: follow this You are unfairly punishing him if we
strictly apply the law. But what can you deduce from the fact
He
17
self-defense.
The woman incurs neither criminal nor civil liability.
The defense is separate from and independent from self-
same degrees
defense.
Who is a battered woman?
o One repeatedly subjected to forceful physical or psychological
repel it
3. In case of provocation given by the person attacked, the
o
o
prevent it
What if the party invoking state of necessity is responsible
2?
liberty, etc.
What is the rule on civil liability for acts in the state of necessity?
o Those who were benefited by the act performed are liable to
those to whom injury is caused. Note that this is a purely civil
liability and does not arise from criminal liability.
18
duty or right
What is the limitation on the performance of duties?
o It must be exercised neither capriciously nor oppressively, and
o
Y, one of the
No.
The act performed was unreasonable and
excessive.
Can a policeman invoke SD and performance of duty at the same
time?
o
o
insanity
What if the insanity occurs after the commission of the crime?
o Refer to Art. 79, which provides that one who becomes insane
or imbecile after final sentence will have the sentence
illegal.
anger.
When should insanity exist?
o In the period immediately before or at the precise moment of
o
o
Liability
o But there is civil liability
o The emphasis is the actor, not the act
What is insanity?
o There is a complete deprivation of intelligence in committing
o
Yes.
An example is when a policeman saw one person about to
pointed the gun at the policeman.
o 1. Imbecility or insanity
o 2. Minority
o 3. Accident
o 4. Compulsion of irresistible force
o 5. Impulse of uncontrollable fear
o 6. Insuperable or lawful cause
What are the characteristics of exempting circumstances?
o The act is criminal, but the criminal is exempt from criminal
19
He will only be
acts
A common example is schizophrenia: there is no complete
social circumstances.
Children in conflict with the law are those accused of or
regular process
Can a child be detained pending trial?
o Yes, but only as a last resort and only for the shortest possible
period of time.
to intervention program.
Liable if there is discernment. However, he will under
a diversion program.
Is the minor over 15 but below 18 acting with discernment
appropriate or not
3. If the offense does not fall under any of the above or the
one handling the case forwards the records to the prosecutor
is discernment
conferencing,
20
o
o
sentence?
social worker
Who are the minors disqualified from suspension of sentence?
o 1. One who once enjoyed suspension of sentence already
o 2. Convicted for offense punishable by death or life
imprisonment
commitment?
Probation Law)
What is a status offense and how is it treated under the law?
o Any conduct which is not an offense when committed by an
convicted.
Under 9344, the minor is still exempt from specific offenses even if
he or she acted with discernment. What are these?
o 1. Vagrancy
o 2. Prostitution
o 3. Mendicancy
o 4. Sniffing rugby
o What happens?
21
centers
When there is doubt if the person is a minor or not, what is the
appropriate proceeding?
o There is presumption of minority.
o File for summary proceeding in Family Court.
What if the minor was alleged as a co-conspirator?
o The presumption of acting without discernment still applies.
o Evidence of conspiracy does not automatically mean the minor
present
Can issue:
or licit or not..
The utterances of a minor and overt acts preceding crime, and
imagined
What are the elements of uncontrollable fear?
o 1. Threat which caused the fear of an evil greater than or equal
o
sentence
If a minor is charged with a heinous crime punishable by death or
RP-death, is he entitled to suspension of conviction?
o Yes. Ubi lex non distinguit, nec non distinguire debemos.
What are the requisites of accident?
o 1. performing lawful act with due care
o 2. causes injury to another
o 3. without intent or negligence
What if there is negligence?
o Article 365 applies: quasi-crime of reckless imprudence
o Accident and negligence are mutually exclusive.
o What is the difference between accident and negligence?
be anticipated.
Negligence when there is some degree of fault in
the person
NOTE: Under Art. 365, the court will not consider Art. 13 and
intentional.
What are the elements of irresistible force?
o 1. Force is physical and must come from an outside source
o 2. The accused acts not only without a will but even against his
o
22
consciousness
10. Analogous circumstances
required elements
o Privileged if there is majority, but not all, of required elements
What is the nature of minority as a mitigating circumstance?
o It is always a privileged mitigating circumstance
o It applies to those over 15 but below 18 who acted with
discernment reduce the penalty to the next lower penalty, in
When is it a privileged
mitigating circumstance?
o Ordinary if there is only one element or there is no majority of
incidents.
Can lack of intent to commit so grave a wrong as that committed
be invoked in malversation?
o YES. Ex. The petitioner was a municipal treasurer, and the
audit team discovered he was short P72000 of funds. After a
imposed
3. Specific applies to specific felonies
pregnant woman
Is incomplete justifying and exempting circumstances, what are
23
because the intent was less than the material act committed.
What if two persons conspire to commit a felony, and one intended
to commit the grave wrong as that committed, while the other did
not?
o
circumstance.
Can both treachery and Art 13(3) be invoked together?
o Yes. Treachery refers to the manner or method used to kill the
provocation.
What is immediate in immediate vindication of grave offense?
o Proximity. It need not immediately precede the act, but there
must be no lapse of sufficient time.
How sufficient is sufficient time?
former.
Need not constitute unlawful aggression under Art.
offense.
Xs son eloped with Ys daughter.
24
The SC said that it was. Even if three days lapsed, the act of
there.
NOTE: This case may be a product of its time.
situation is pretty ordinary already.
Now, this
archaic already.
What is necessary for passion or obfuscation to be considered?
o It must arise from lawful sentiments of the accused. The
Although
the
relationship
Eh wala ka
authorities
o 4. No pending warrant of arrest or information filed
What is the most important element of voluntary surrender?
o The spontaneity of such and intent to give up and
was
must be spontaneous.
What are the requisites of voluntary plea of guilt?
o 1. Made in open court
o 2. Spontaneous and unconditional
o 3. Prior to presentation of evidence by the prosecution
Does this include extra-judicial confessions?
o No.
May voluntary plea of guilt and voluntary surrender both be
obfuscation?
o No. If they arise from the same facts, only one will be
appreciated.
Can treachery co-exist with passion or obfuscation?
o No.
Treachery CANNOT co-exist with passion
and
25
o
o
epidemic, or calamity
8. With aid of armed men or persons who insure/afford
o
o
o
o
impunity
9. Recidivism
10. Reiteracion
11. Price, reward, or promise
12. By means of inundation, fire, poison, explosion, stranding
communication
What is necessary for illness that diminishes willpower of the
accused?
o It must only diminish and not deprive the offender of the
consciousness of his acts; otherwise, it is an exempting
circumstance
What are NOT examples of analogous mitigating circumstances?
o 1. Being part of a minority group
o 2. Extreme poverty
o 3. Abberatio ictus
o 4. Mistake in identitiy
What are some examples of analogous mitigating circumstances?
o 1. Mitigated mental capacity of a battered woman (decided preo
RA 9262)
2. Voluntary return of stolen goods
o
o
o
o
o
o
o
defense
16. Treachery
17. Ignominy
18. Committed after unlawful entry
19. Committed after breaking through a wall, roof, floor, door, or
window
o 20. With aid of persons under 15 years old, or motor vehicles
o 21. Cruelty
Compare with mitigating circumstances:
o This list is exclusive, whereas in mitigating circumstances,
o
or in the
26
defense)
What are the types of aggravating circumstances?
o 1. Generic aggravating
instances, aggravating?
SC:
by public officers.
What is the special aggravating circumstance introduced by RA
7659?
o
offense
No need to increase the penalty because the change
higher one
Can qualifying circumstances not alleged in the
Procedure
X was charged with homicide with the generic
There is no such
and
not
one.
aggravating circumstances.
3. Special or specific aggravating circumstances
Just
qualifying
circumstance.
How many circumstances are needed to qualify an
offense?
27
public office
o Ex. jail guard who was able to use his position to kill an inmate
When does advantage of public position not apply?
o
o
o 1. crime committed
o 2. person in authority engaged in exercise of public position
o 3. offender knew he was a person in authority
o 4. victim is NOT a person in authority
A barangay captain was playing cards with some people. The
of a public document
If the public officer could have committed the crime anyway without the
se, and second, he was not performing his duty at that time.
virtue of his position uses that gun to commit homicide, the use
authority?
Then
robbing the siblings. But he did not. This was abuse of public
position.
Is this a generic or special aggravating circumstance?
o The use of ones public position in the commission of a crime is
direct
assault.
This
aggravating
in authority under Art. 148 and 152 of the RPC (direct assault).
Is there an exception?
o RA 9165 a teacher or professor is a person in authority for
o
is
the girl. The policeman driving did not say anything. Both were
it
girl to enter the car. One policeman stole the watch and wallet of
28
disregard for the age, rank, sex. Not merely because the victim
barangay
captain
does
not
necessarily
mean
absorbed by treachery.
its
murder.
the victim.
What are further considerations for circumstance of rank?
o The charge must not include rank as an element.
himself.
But see P v. Malolot: Accused hacked to death an 11 month
If the
not agree with this case. But Malolot might be prevailing, being
Does dwelling apply when both parties live in the same house?
o Generally, it is not aggravating.
o Victim was stay-in laundrywoman, but it was not her
house. The killer was the houseboy, who also lived that
house. The laundrywoman had her personal room, and the
the teacher of the accused in grade 1. Key fact: victim was already
here.]
Is insult to rank, age, sex absorbed by treachery?
o No. The aggravating circumstances of age and sex cannot be
Robbery
not diminish the respect due her rank as his former teacher.
Do these this apply to crimes against property?
o No. Not aggravating in crimes against property.
because
the
room
was
deemed
29
dwelling,
Here,
in the crime.
Is dwelling aggravating in arson?
o No. (PD 1613)
A person dies inside a building burned on purpose. When is it
homicide, and when is it arson?
o Intent determines:
o 1. If the intent is to burn the house, then the burning is arson
building.
What if the person is a squatter?
o Dwelling still applies. The law does not make any distinction as
the house. The offender can shoot from outside the house and
30
duties
4. Committed in place of worship
Distinguish 1, 2, and 4 from 3:
one
How will this aggravating circumstance of place of worship (and
commit the crime inside the church (she did not expect the man
to touch her thigh).
If
all
three
are
present,
are
these
separate
aggravating
the
31
Yes.
What is the test for armament?
o Any weapon which, by reason of its intrinsic nature or purpose,
is capable of inflicting serious or fatal injuries.
What is the character of participation of the four malefactors?
misfortune.
band?
o Band is still subsistent even if two were acquitted.
o DISSENT: No band.
What is the characteristic of crime by a band?
o Merely generic. (Ex. robbery with rape, robbery with homicide,
generic MC.
Contrast: Art. 266-B if rape is committed by 2 or more
not be principals.
Contrast with a band and organized crime syndicate:
o Band all are principals; Armed men they help the principal
o
or insanity aggravating
Par 3 to 5: other kinds of robbery with violence
against persons.
Recall:
32
Elements:
3. By final judgment
already
Both offenses must fall under the same title in the
crime
What is the nature of recidivism?
o Generic aggravating circumstance
What is reiteracion?
o Elements:
Reiteracion
Previous service of sentence
No need to be under same title
One crime or greater penalty or at
least two crimes of lesser penalty
cannot
be offset
by
mitigating
circumstances
Important things:
At least 2 convictions
against convicted.
Can one be a recidivist and a habitual offender at the same
time?
penalty;
No.
delinquency.
As such, this
second conviction.
served sentence)
2. First offense must have had a greater or equal
Recidivism
RPC
last conviction
2. For falsification, robbery, estafa, theft, serious or
33
cease
becoming
generic
carry it out.
What is the essence of this aggravating circumstance?
o Precedence of cool thought and reflection
How much time must elapse?
o The law does not give a formula. Each case must be resolved
o
crime.
Was there evident premeditation when one wanted to kill X
but he killed Y instead?
circumstances
offeree?
o YES. Both of them.
these
felony committed
What if during service of first conviction, he reaches 70
after 70?
do
aggravating circumstances?
o 1. When it is a crime in itself
o 2. When it is a means included in defining a crime
When
circumstance
Except in furtherance of political crimes, which absorbs the use
of explosives
34
Kidnapping
Robbery
when is it not?
o If in addition to the crime of robbery, the accused intended to
o
premeditation.
Does evident premeditation apply to conspiracy?
o If two or more persons conspire to commit a crime, and they
strength apply?
o Yes, still superior strength, because the victim was unarmed.
Does superior strength apply in parricide?
o No, do not consider abuse of superior strength in parricide. It
than the wife.
What happens when an aggravating circumstance is absorbed by
another?
o It loses its juridical existence.
o What is the relationship between treachery and abuse of
superior strength?
Distinguish:
o 1. Craft cunning or intellectual trickery to caryr out the evil
juridical existence
Can superior strength in this case offset a mitigating
circumstance?
design
o 2. Fraud deceit, insidious words and machinations
o 3. Disguise concealment of identity
What is the relationship of these with treachery?
o Treachery absorbs these.
Craft and fraud may be aggravating in robbery with homicide, where the
accused induced the victim to take them where the cows they
supposedly wanted to buy are found. But they ended up killing the
victim.
o
35
P v. Escote
o Take note that before this case, the SC has always been
Those who say no say that it cant apply because robbery with
murder?
o Yes. If the victim of kidnapping is killed with treachery, it is a
What is ignominy?
o Circumstance pertaining to a moral order which adds disgrace
or obloquy to the material injury caused to the offended party
of killing).
Treachery may be present in aberratio ictus or error in
personae, again because it is not the intent but the
36
Bacule and Sailan are now amended. These are now acts of
What is cruelty?
o Unnecessary physical pain the commission of the crime
What is the test?
o Whether the accused deliberately and despicably augmented
apply?
o No, these must be modified. Art. 266-A of RPC: Decisions in
sexual assault.
The accused after killing the victim cut off the left leg and took the
flesh from the legs and shoulders of the victim. Is this ignominy?
o No, because the victim was already dead.
o
o
aggravating circumstance.
The reason is simple: it is not among those listed in Art. 14.
R.A. 9165
liability
But the same is still an aggravating circumstance for the offender of
Supposing the accused was under the influence of drugs and then
he killed a person, may the killing by that person under the
legal age.
When is use of motorized means of conveyance aggravating?
o When the motor vehicle was purposely used to facilitate the
o
reason of robbery, two are killed, can we not consider the 2nd killing
R.A. 8294
37
an aggravating circumstance.
But what kind? Is it generic or special AC?
o It is a special AC, not merely generic. So there can be no
Does
offset.
illegal possession
aggravate
attempted
homicide or murder?
o No.
The law says homicide or murder.
or
frustrated
It must be
than homicide or murder, then the use of the unlicensed arm is neither a
separate crime nor an AC. BUT that person must be convicted for that
other crime, before the usage of an unlicensed firearm can be
with homicide?
o No. The law is clear: only murder or homicide. (Although there
When the accused raped the victim in the presence of her parents
and husband, there was aggravating circumstance of adding
shouldnt be qualifying.
If unlicensed firearm is used to commit murder or homicide, it is merely
victim.
There is security guard of an agency. The agency has license to
possess firearm, but the guard does not. The security guard used
But one can argue that since the law only mentions these two
38
commission
Only considered when they influence the commission of the
8353.
crime
What are the three alternative circumstances?
o 1. Relationship
o 2. Intoxication
o 3. Degree of instruction/education of offender
What is the scope of relationship under Article 15?
o Spouse
o Ascendant, descendant
o Legitimate, natural, adopted siblings
o Relative by affinity in same degrees
o What if the relationship is just between step-parent and
stepchild?
subject to AC of relationship.
BUT relationship between step grandniece and step
grandfather
is
not
one
of
the
relationships
examples.
What about first cousins?
alternative circumstance.
RA 7610 child abuse. If the victim is raped by a relative, is this
aggravating applying Art 15?
o P v. Montinola relationship is merely a generic AC
o RA 7610. If the victim is a victim of child abuse.
What if the imposable penalty becomes death?
o
In crimes where the imposable penalty is death, relationship
shall not be deemed an AC, regardless of the crime.
When is relationship aggravating and when is it mitigating?
o Relationship is aggravating in crimes against chastity, whether
offender is of higher or lower degree relative
o Relationship is mitigating in crimes against property
When is intoxication mitigating?
o If not habitual, or not pursuant to planning a felony, and
o
an AC in rape.
What is the effect of father-daughter relationship in rape?
intoxication
What is the rule on education?
o Low education may be mitigating but never aggravating
o High education may be aggravating but never mitigating
o When is the high education of a person aggravating?
rape.
While rape is now a crime against persons, it does not lose its
not.
2. Education has already been considered by the provision
such as abortion conducted by a physician.
39
liable.
Can both the employer and employee be liable as
conspiracy?
o Enough to be held as co-principal through conspiracy, as long
officers
o Labor Code ex. illegal recruitment (39-D) same penalty
Who are liable?
o 1. Grave and less grave offenses: principals, accomplices,
o
accessories
2. Light offenses: principals and accomplies
Mere presence
direct participation.
How about the mastermind? For him to be a principal, does he
have to commit an overt act in the execution of the planned
definition
But can there be principals by direct participation without
conspiracy?
participation?
o Participation in criminal execution
40
crime?
o No. There is only one crime of homicide, as there is only one
and
the
wife
was
principal
by
indispensable cooperation.
Is it possible that two persons are conspirators but are liable for
description?
o He is generally liable as an accomplice.
What if the person merely made carless remarks not meant to be
committed.
for parricide.
What is the rule for Robbery with homicide?
o General rule: the act of one is act of all, even if only one coo
different crimes?
o Yes.
o Ex. The private individual is liable for delivery of prisoners,
o
obeyed?
o He is neither a PDI nor an accomplice. He is not criminally
liable.
When does one become a principal by indispensable cooperation?
o Direct participation in the criminal design by another act without
which the crime could not have been committed.
What is the main distinction between the PDP and principal by
indispensable cooperation?
41
For the PIC, he must perform an act different from the overt act
conspiracy.
What is the rule in case of doubt?
o The liability of the PIC is merely as that of an accomplice.
Is it possible that the PIC commits a crime different from the PDP?
o Yes. An example is malversation through falsification of public
malversation.
Can the PDPs acts be by dolo and the PIC, by culpa?
o Yes. Ex. There was a bank employee with two friends. The
42
Who is an accessory?
o One must have knowledge of the commission of the felony, and
he participates after the commission by any of the acts
enumerated in Art. 19. His participation must not be that of a
principal or accomplice.
What are the requisites to become an accessory?
43
Offended party and accused agreed to fight; one lost. He filed for a
complaint for physical injuries. Does the pari delicto doctrine
apply?
o No. It does not apply to criminal cases. In fact, two people can
programs
Those already serving sentence are reassessed/reclassified
1. Saving clause
PENALTIES
are
Yes.
What is the retroactive application of RA 9344?
o Any pending cases involving children below 15
o
o
44
just a witness.
Exception: RA 8353 marriage of offender and rape victim
extinguished
Note, however, that a husband can be convicted for
89.
o
to insanity or imbecility
2. Commitment of a minor in institutions
3. Preventive suspension from employment or public office
4. Fines and other corrective measures imposed by superior
RA 9344.
Correlate the above enumeration with RA 6975, par. 4:
o If police officer or employee is charged for a crime in a valid
RP.
Destructive arson (RP to death) and Arson with
Only the
officials on subordinates
justice.
45
Suspension: 6 months and 1 day to 6 years
As accessory penalty:
o 1. RP
o 2. Perpetual absolute or special DQ
o 3. Public censure
What are the effects of indivisible penalties?
o Impose the penalty in its entirety
day to 40 years?
reduced by 1 or 2 degrees.
Exceptional situations:
o P.D. 818 Syndicated Estafa:
for RP?
30 years as well.
abolished.
When a penalty of fine is imposed, what is the order of payment of
pecuniary liabilities?
(Although there is
46
proceedings
To whom is the fine given?
30 days
What is the remedy when the person has reached the
Habeas corpus
If the convict is sentenced to RP or life imprisonment, he is still
convicted?
Yes. The law does not prohibit him from using his
cash bail bond to pay his fine. It is only meant to
200 pesos:
o In Article 9, P200 is a light penalty. In Article 26, P200 it is a
o
correctional penalty.
To harmonize:
26.
How do you compute the penalty if the accused is not in jail?
o Compute from the time accused is at disposal of the authorities
imprisonment.
If the minor juvenile is imprisoned pending trial he shall be
credited with the service of the sentence with the full time in
which the child was preventively imprisoned
credited?
o If the detainee agrees voluntarily in writing to abide by the
Exceptions:
1. Recidivists
47
o
o
1. Parental authority
3. Martial authority
4. Management of property
imprisonment?
o Yes. Again, Article 39 is consistent with Art. 10.
Must there be an express statement in the dispositive portion
fine.
How long is the subsidiary imprisonment?
o If penalty is PC/arresto + fine confined until the fine is
2. 1 year
Art. 39 will still apply, taking into account Art. 10 of the RPC.
Ex: Violation of BP 22
Supposing he was convicted for possession of unlicensed firearm
If he is not insolvent, but he does not want to pay the fine, can he
(Ramos v. Judge)
What is the financial standing of the culprit improves?
o He has to pay. Subsidiary personal liability does not relieve
him from the obligation to pay the fine in case his financial
standing improves.
When can there be no subsidiary imprisonment?
o If the penalty is higher than prision correccional, there can be
no subsidiary imprisonment.
Toledo v. Superintendent, citing Bagtas v. Director of Prisons, supposing
the accused is charged with 2 or more offenses and there was 1
decision that convicted him of all the charges. How do we determine
the 6-year limit?
o Where this situation exists, the 6 year period limit shall be
court based, after the joint trial, on the 3-fold rule under Art. 70
48
proceedings
Who has the power to order forfeiture of the proceeds of the crime
the RPC
If punishable under the RPC and an SPL, Art. 48 will not apply.
light felony?
o No, light offenses are not included (see excerpt).
If under Art. 48, the maximum of the graver penalty is imposed, is it
complejo)
What is the effect on the penalty?
o There is only one penalty, although there are multiple crimes
o The more serious crimes penalty is imposed in maximum
period
the state.
What if the tool or instrument belongs to some other person?
o The tool or instrument MUST belong to the accused himself. If
it belongs to some other person and he has no involvement in
49
What
intent:
o X raped his niece at 10 am, and then again at 11 am at same
if
the
accused
is
entitled
to
generic
mitigating
CRIME.
o Attempted homicide + homicide
The accused stabbed the victim with a bolo, and the bolo hit both
the person and the person behind him. The target died. What is
the crime?
o Complex crime of murder and SPI.
o (Note that as to the second person, it was just SPI because
and she sustained Less SPI in her vagina. What is the crime?
o Complex crime of rape with LSPI
The accused stabbed his wife to death, and she was 6 months
criminal intent.
Y inserted private organ and raped the victim, but he was not
from the house. Then brought her to the room and raped her
impulse.
50
intent?
o Even if the persons were kidnapped on the same occasion and
falsification committed.
Gamboa v. CA: There was no single impulse, intent, or
of the RPC.
Number of persons
Will you apply the single criminal intent or resolution test in mala
prohibita?
o No.
If he is obliged to account
of commercial document.
Y falsified three money orders separately.
persons.
Kidnapping with homicide, K with murder, K with rape are all
special complex crimes, and not complex crimes under Art. 48
51
of carnal union.
Crimes against persons:
the crime?
committed.
Article 48 does not apply to special complex crimes:
o Ex. robbery with homicide, robbery with rape, robbery with
o
This is really
intentional mutilation
Ex. kidnapping with murder, kidnapping with rape, kidnapping
with homicide
If NOT
strange.
But what MUST be the rule, according to P v. Pineda?
were injured.
Malversation:
o There may be a complex crime of malversation through
the bank did not bother to check, since they are friends.
Due to the employees failure to ascertain identity of payee,
there was Estafa through falsification by culpa. The latter was
52
If the accused abducted two women at the same time, and then
raped both?
o Guilty of TWO counts of forcible abduction with rape.
Can robbery with force upon things be taken together with robbery
when it is absorbed?
appear that there were two extra employees, even if she really just
Abduction was
kept the wages for herself. Can one apply Art. 48(2) for estafa
rape.
Ex.: Abducted to place 100m from her house
THE DISTANCE
What if there was abduction, and then there were three
estafa.
The crime instead is falsification of private document. If the
estafa can be committed without the falsification, the proper
53
public document?
Yes.
Is coup detat a political crime?
o Yes.
How so?
o Because even if there are two crimes committed, the law only
period. In the eyes of the law, the two crimes stem from a
single criminal intent this is less perverse in the eyes of the
resolution.
How did the SC reason this out in P v. Hernandez?
maximum period.
3. If the act actually committed is an attempt or frustration of
paragraph.
The majority rejected this by pointing out that both
Application of penalties
maximum period.
2. If the penalty for the felony actually committed is lower than
provision.
How do you define grave and less grave offense?
o Grave: afflictive or capital
o Less grave: corrective
Does 48 apply if one crime is under RPC and one is SPL?
54
Principal
Accomplice
Accessory
Consummated
As provided
-1
-2
Frustrated
-1
-2
-3
Attempted
-2
-3
-4
Ex. PM to RT PC
3. Penalty is one/two indivisible penalty and maximum period
cooperation
Why are abuse of public position and crime by syndicate/organized
crime group special ACs?
o It cannot be offset by generic mitigating circumstances
What is the rule for habitual delinquents?
o 3rd conviction:
RT in medium
4. Several periods corresponding to different divisible penalties
following
MCs
3. ACs and MCs which arise from moral attributes of offender,
private relations with offended party, or other personal causes:
Ex. RP RT
o 2. Penalty is two indivisible penalties or one or more divisible
medium to PM in minimum
What are the rules on MCs and ACs?
o 1. If the AC is taking advantage of public position:
periods
4th conviction:
delinquents?
crime does not apply for light penalties (or else, the penalty for
55
Privileged MCs.
What are the rules applicable for MCs and ACs when the penalty is
circumstance of accident?
o Article 67 is inoperative.
divisible?
o 1. No AC, no MC:
Medium period
o 2. MC only:
Minimum period
o 3. AC only:
Maximum period
o 4. Some of both:
proper period
What if there are 2 or more MCs, but there is at
least one AC?
No lowering by degree.
What if there are 2 or more ACs?
privileged MCs)
To which crime do these rules apply to, and what applies
instead?
discretion
for
What
Penalty of fine
its
ACs.
apply
will
circumstances?
o See discussion above when to reduce it by one or two degrees.
apply?
o For the privileged mitigating circumstance in Art. 68 of minority
modifying
56
fine?
o
Increase or reduce (as the case may be), the maximum by 1/4 th
imprisonment.
Accused drew and issued a check to pay for an obligation, but it
bounced. He was charged for BP 22. During trial, accused paid
the value of the check.
complainant, but the case was already pending. May the accused
State.
What if the penalty is death?
o Reduced to RP with no parole.
What is the rule on successive service of sentences?
o 1. If they can be served simultaneously, then do so.
o 2. Otherwise:
successively
What is the order of severity?
computation of 40 years.
What are the penalties that can be served simultaneously with
penalty of imprisonment?
o 1. Perpetual absolute DQ
o 2. Perpetual special DQ
o 3. Temporary absolute DQ
o 4. Temporary special DQ
o 5. Suspension
o 6. Public censure
o 7. Fine
o 8. Bond to keep the peace
o 9. Civil interdiction
Can destierro be imposed as the same time as imprisonment?
o No.
Imprisonment must be served by the convict successively, following
the order of their severity, as provided for by Art. 71
o 2nd sentence does not commence until after the first expires.
What is the rule on execution of penalties?
o No penalty executed except by virtue of final judgment
When can public censure not be imposed?
o If the person is acquitted, cannot anymore be subjected to
public censure.
Judge sentenced accused to 25 years RP; can he be compelled to
serve sentence?
o No. There is no such sentence as 25 years of RP; just RP
Always 40 years.
57
(indivisible).
Remedy: writ of habeas corpus.
necessary treatment
But the civil liability should still be enforced in spite of insanity
the hospital
Are these consultants deemed employees?
Civil liabilities
civilly liable?
o No. The minor is also exempt from civil liability.
o
The
For
corporate responsibility.
Art.48 is strictly a pro reo provision in criminal law and does not
minor?
o Yes.
What are the requirements for the employer to be civilly liable for
collusion
between
employee
and
private
58
Yes.
At what stage of the proceedings can the employer do
this?
the employer of the driver; the actual operator and owner are
o
the check.
What is restitution, and what are its rules?
o Must return the thing itself if possible, with allowance for
o
person
But the buyer in GF is entitled to reimbursement from
thief or criminal.
If the stolen property cannot be returned anymore, what is the
remedy?
o Value of the thing taken.
o When do you determine value? At time of commission of
crime or upon order of return?
absorbed by arson.
X issued a post-dated check in payment of a current obligation. It
bounced. How many crimes?
o Two: BP 22 and estafa.
o Will X have to pay twice for the value of the check,
holds that the accused did not commit the acts on which the
59
reasonable.
P v. Billaber: In a charge for illegal recruitment, the money paid by the
offended party the amount of check with interest (6%) from filing of
information until the finality of the decision + 12% per annum from
o
o
nominal, etc.
Reparation,
Yes.
indemnification
for
consequential damages
Includes death
o 2. Quasi-delicts
60
Congress.
Effects on right to suffrage and right to hold public office:
complaint.
If there is conviction by final judgment, the President may grant
RPC
When does death extinguish the civil liability of the accused and
when does it not?
o When the civil liability arises from the criminal act.
retrospective
by the pardon
What is the rule on pardon under Art. 344?
o The offended party may grant pardon to both offenders, in the
o
o
the accused, unlike amnesty, where the court can take judicial
61
No.
this case.
If there were still no funds when presented, there is amnesty
prescribed or not?
o 1. Period of the offense charged
o 2. Period when it begins to run
o 3. Period when it is interrupted
Act 3326: the law defining how to compute prescription for crimes under
computing prescription
Ex. OEC 5 years
Procedure?
convicted or acquitted
2. When proceedings are unjustifiably stopped for reasons not
SPL
o
62
imposed by law
Who cannot avail of ISL?
o 1. Convicted and punished with death, life imprisonment, RP
extradition treaty
4. Commits another crime before expiration of period
o
o
o
o
o
of society as a whole.
The State is concerned not only in protecting social
63
synonymous.
2. Committed:
Piracy
3. Habitual delinquent
4. Escaped confinement or evaded sentence
5. Violated conditional pardon
6. Maximum term of not more than one year
7. Those already sentenced by FJ upon passage of Act
those
When
BOTH
minimum
and
maximum
durations
of
imprisonment not less than 1 month and 1 day and/or fine not
o
o
from ISL.
This lasts for a certain period of time.
If he complies with the conditions of the parole, the Board of
Pardons and Parole will give out final release and discharge.
What if the offense is punished under an SPL with a definite range
Probation Law
probation?
o Mandatory conditions:
64
Yes.
What is the purpose of the two-witness rule?
o To prevent the possible fabrication of evidence to prosecute a
he has to submit a program of payment for the civil liability. He did not
pay. The probation was revoked for failure to comply. Went to the CA:
act.
What if the acts are separable?
TREASON (114)
Corpus Juris Secundum: Treason differs from other crimes, because all
considered principals.
o N.B. This is the only provision in the RPC that is based on the
constitution of the US (Art 3, Sec 3), and not borrowed from
65
provision.
Is treason delito continuado?
o Yes.
Delito continuado contemplates a series of acts
resolution.
Either a single act, or a series of acts impelled by a single
government.
Mere conspiracy to overthrow is not enough (see conspiracy to
they are here, they are under the protection of the Philippines.
Treason is a war crime. Explain.
o It cannot be committed during time of peace. It may be
incubated during time of peace, but once war commences,
criminal intent.
Is dual citizenship a defense?
o No. Dual citizenship is not a defense. There must have been
by giving arms.
14, and will just assess the crime, according to its barbarity.
Is treason a specific intent crime?
o Yes. The specific intent is to deliver the country to the enemy.
o If you dont intend to deliver the country to an enemy, then it is
commit treason).
What is the second mode of committing treason?
o 1. Adhering to enemy
o 2. Through giving aid and comfort
o N.B. BOTH elements must concur. Without one, there is no
treason by the second mode. He must translate this to overt
mere rebellion
acts.
66
misprision of treason.
Does the two-witness rule apply?
o No.
Differentiate this from accessories-after-the-fact:
o Misprision of treason is different from being an accessory-afterthe-fact. The latter hides the principal. Misprision hides the
ESPIONAGE (117)
Offenses:
o 1. Without authority, entering warship, fort, etc. to obtain
conspiracy.
Note though: This is moot because there are no accessories
Thus, dual
67
themselves
3. Attended by murder, homicide, PI, or rape
and 123.
When does PD 532 apply then?
o PD 532 one must prove that the perpetrators were purposely
organized not just for one act of robbery, but several
indiscriminate commissions thereof. There must be evidence
waters
2. Seizing cargo, equipment, or personal belongings or
complement or passengers
(robbery).
What is the nature of piracy on the high seas?
o Its a crime against the law of nations.
o Piracy on high seas has two aspects:
PIRACY (122-3)
boy
What is the relationship of piracy with the common crimes
committed to accomplish it?
o For these common crimes to be an element of piracy, they
68
There is no complex
against
regulations
by
the
Civil
Aeronautics
Association
What are the special aggravating circumstances for the first two
offenses above?
o 1. Firing upon the pilot, crew, or passenger of the aircraft
o 2. Exploded or attempted to explode a bomb to destroy the
Constitution:
o High seas: all parts of the sea not included in the EEZ
o EEZ: not extend beyond 200 nautical miles from shoreline
RA 9372 (HSA)
o Piracy in Philippine waters and the high seas are predicate
aircraft
3. Accompanied by murder, homicide, PI, or rape (same as last
ground of piracy)
P v. Catantan: There is crime under PD 532 even if offender did not
seize the vessel, but merely boarded it and inflicted PI on the occupant
or owner.
What is terrorism?
o One who sows widespread and extraordinary fear and panic
crimes of terrorism.
materials
When is it in flight?
embarkation.
2. Compel foreign aircraft to land in Philippine territory or seize
69
enumerated.
What are the enumerated acts?
o Under the RPC
1. Piracy or mutiny
2. Rebellion/insurrection
3. Coup detat
4. Murder
communication or conversation
2. Failure to turn over detainee within 3 days to judicial
o
o
authorities
3. Violating rights of the detainee
4. Failure to keep official custodial logbook and required
o
o
o
o
contents
5. Threat, intimidation, coercion, torture in investigation
6. Infidelity in custody of detainees
7. Unauthorized use of classified materials
8. Furnishing false evidence, forged document, spurious
o
o
o
o
o
deposits
3. Unauthorized or malicious examination of bank
4. Bank officials or employees defying court authorization
5. Unjustified refusal to restore frozen deposits
6. Loss, misuse, diversion of frozen or seized assets
of another person.
How do you distinguish this from kidnapping?
o Arbitrary detention: public officer or employee vested with
authority to arrest or detain another person, but detains another
o
evidence
o 9. Refusal or delay in release of acquitted person
What are the unlawful acts related to banks?
o 1. Failure to notify person of freezing of bank deposits or
accounts
2. Copying, removing, destroying joint affidavits re: frozen
Elements:
o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal ground
What is gravamen of the crime?
o Detention without legal grounds by public officer or employee,
Punong barangay
If they
70
Barangay captain
Barangay councilman
Barrio policeman
Forestry Code
warrant.
o Ex. a person evading his sentence may be arrested on the run
arrest to arrest.
Sec. 44 of RA 9165 Dangerous Drugs Law
arbitrary detention.
May a private person be liable for arbitrary detention?
o Yes, but only if the private individual connives with the person
in authority.
What do you mean by detention?
o Psychological restraint and not just physical restraint is enough
big gun
Fear has been known to make people immobile. This includes
threats to kill, and similar threats. This is equivalent to using
flagrante delicto.
David v. Arroyo: Mere fact that the accused was wearing a t-
JUDICIAL AUTHORITIES
71
(125)
Elements:
o 1. Offender is public officer or employee
o 2. Detained a person legally
those
investigation?
o N.B. More expansive than duties in RA 7438 (Act defining
o
LAWFULLY
arrested,
but there
was no
this provision.
To whom must the detainee be delivered?
o MTC, RTC, Family Court, or SB
o Not to the CA, not to the SC. They are not trial courts.
If there was no warrant of arrest or commitment order, but the
RPC.
How do you determine the imposable penalty?
o 12 hours light
o 18 hours correctional
o 36 hours afflictive
o (3 days under the HSA)
o What is the basis for the nature of the crime?
clerk of court. HELD: Liable for failure to deliver, because the clerk
arrested then delivered to MTC, but the judge was not there.
The
arresting officer did not release the detainee. He just delivered to the
cannot conduct PI anyway and the judge was not there.
o Note: If the case is cognizable by the OMB or Sandiganbayan
there is agreement between OMB and DOJ, where the DOJ
(Theres a
72
detention.
Does Art. 125 apply to arrests with warrant?
o No. Article 125 only applies to warrantless arrests.
What if the officer fails to comply with Article 125?
Failure of officer to comply with Article 125 does not affect the
habeas corpus
Offenders:
o Heads of jail or penal establishment
o Custodial guards
Who may order release of prisoner?
o Either the courts or the prosecutor, or the director of Bureau of
Prisons
What is the penalty?
o Same penalty as 124, because failure to release is tantamount
EXPULSION (127)
to arbitrary detention.
dwelling.
When is one liable for expulsion?
o He must use force, violence, or other measures to compel
73
felonies.
Who may commit this crime?
intends to return.
SEARCH WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF WARRANT
LAWFULLY OBTAINED
(129)
Acts punishable:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary severity in
executing legal search warrant
Does Article 48 apply in this instance?
o No. Remember: 129 is an EXCEPTION to Art. 48. When a
public officer obtains maliciously a search warrant by
door.
Breakage: includes lifting latch, unlocking chair or hatch,
crimes committed
1. Perjury; and
offense
74
legal ground
Punishable acts:
o 1. Physical torture
Liable as principal
5. Immediate commanding officer of the unit or immediate
torture/CIDT
or
destroying
effects/instruments
75
to certain matters
What is the nature of rebellion?
o Insurrection and rebellion are both political crimes.
o Involves any part of the country; or whole country
o Can be private or public individuals
o Rebellion is a vast movement of people; involving multitudes
Is rebellion a continuing crime?
o Yes. SC declared that rebellion is by nature, a continuing
fear.
In the same way, murder is a predicate crime,
because multiple murders or maybe murdering one
key person like the President could cause widespread
panic or fear.
How is terrorism different?
o Terrorism is different because the purpose is to achieve the
illegal demand on the government. It may be political, and it
rebellion.
Is subversion a crime?
o No more crime of subversion.
Rebellion is a crime against public order. What about terrorism?
o It is a crime against national security and the law of nations.
o There can be a crime of international terrorism; it a crime much
like international piracy, where anyone may capture the
No. When the intent + overt acts are present, the crime is
The liability under the NCC is apart from liabilities in the RPC.
May there be frustrated rebellion?
76
(136)
of powers/prerogatives
DISLOYALTY (137)
police power)
What are the modes by which coup can be committed?
o Violence, intimidation, threat, strategy, stealth + swift attack
Does it absorb common crimes?
o Not all, because it does not absorb all common crimes
o Is rape absorbed by coup?
not
When does disloyalty lose juridical existence?
o If the officer commits overt acts of rebellion (e.g., he continues
to help the rebels), then the crime becomes rebellion, not
disloyalty
One may be liable for crime of omission under this provision: failing to
resist the rebellion within ones powers
o May invoke Art. 12 fear, force, etc.
the purpose
It is to diminish inherent powers of the State (taxation, eminent
functions disloyalty
Motive of public officer is immaterial; whether it is gratuitous or
8294)
What about coup detat? It is a crime against public order too?
o Yes. Again, it is a specific intent crime so the difference lies in
o
Inciter PDI
77
Listeners PDP
SEDITION (139)
What is sedition?
o Sedition is the raising of commotion or disturbance in the state;
the difference?
o Rebellion to achieve political purpose, they take up arms
o Sedition as long as tumultuous; they do not take up arms,
classes, etc.
o Ultimate objective: violation of the public peace
Key term:
o Publicly and tumultuously
Is it a public crime?
o Yes. Sedition is a crime against public order and the tranquility
overt acts.
Motives:
o 1. Prevent promulgation or execution of and law, or holding of
o
popular election
2. Prevent National, provincial, or municipal government or
officer or employee
4. Commit act of hate/revenge against private persons or social
crimes
There can be a complex crime of Sedition and Art. 143/144 (prevention
of meeting of board/Congress)
social end
What laws are included in par. 1?
o Laws in general, even political in nature, as well as civil and
78
public peace
3. Writing, publishing,
circulating
scurrilous
libels
and
purposes
Concealing such evil practices is NOT an act of an accessory in this
prision mayor)
They are also immune from searches under this provision. But it is not
in the Constitution.
o
o
act.
Second form is a point of disagreement.
Second form: the audience or assembly is incited to commit
rebellion, treason, insurrection, sedition, or assault upon
Parliamentary
79
inciting.
If the inciter is a member the government
or
sedition
What is the presumption if one carries an unlicensed firearm to the
meeting?
o 1. Presumed that the purpose of the meeting is to commit
o
the RPC
2. Totally or partially organized for some purpose contrary to
rebellion or sedition)
Second form is more common (attack or use force or seriously
intimidate or resist any PIA or agent in performance of official duty)
o Who may be liable in second form?
public morals
What are public morals?
o Estrada v. Escritor: those which are detrimental or dangerous
to conditions helpful for the advancement of society
o Not religious morality, but secular morality.
What was added by RA 9208 (anti-trafficking law)?
o Punishes association organized to propagate or promote
person in authority
Under what circumstance is direct assault committed?
o Crime may be committed when PIA or agent is performing duty
What does seriously qualify?
o Seriously qualifies only intimidate and resist but not attack
or the use force, which only requires a laying of hands
80
ought to know
What does Agent include?
o Police, municipal treasurer (since he is only a deputy ex-officio
of the provincial treasurer), postmaster, rural policemen, sheriff,
duty.
If a mayor is attacked for past performance of duty, is it direct
assault?
o Yes.
X attacked a barangay kagawad, but hit the barangay chief tanod
killed.
Must the offender be aware that the person is a PIA or an agent
agreed to fight
o HELD: It was direct assault because they did not fight outside
What if the officer exceeds his authority?
o P v. Fook: Fook, a Chinese person, went to the Philippines. He
got body searched in immigration and he passed. He went
back because he forgot something.
thereof?
o The person must KNOW or OUGHT TO HAVE KNOWN that
o
assault.
HELD: No direct assault. The PIA or his agent who exceeds
his power is NOT in the exercise of the functions of his office.
duty.
And the accused killed the victim on a personal
scope of duty.
Resistance is legitimate against PIA or agent who exceeds
authority. How much resistance can be done depends on the
grudge.
So what does the phrase ought to have known mean?
81
to such.
X fired an SMG against police officers serving warrant.
of duty.
Art 48 Direct assault with less serious PI if the PIA is in
performance of his duty or is attacked for past performance of
him of theft
When is DA qualified?
o 1. Committed with a weapon
o 2. Offender is public officer or employee
o 3. Offender lays hands upon the PIA
If committed with a weapon:
o QUALIFIED direct assault (it is a special aggravating
o
homicide
When is there none?
The accused robbed the mayor and killed him. What is the
nations
There can be a complex crime of direct assault with another felony.
o What if the assault on the PIA or agent results to his
death?
82
duty.
Who else can be PIAs?
o Lawyers and teachers can be PIAs
Elements:
o 1. There is direct assault against an agent of a person in
o
o
admin functions
SERIOUS DISTURBANCE/TUMULTS (153)
assaulted.
J Callejo agrees with Regalado: Guevara and Reyes did not
assault
There is only indirect assault if the private person
o
Relate
132
3. Making outcry tending to incite rebellion or sedition
4. Displaying placards or emblems which provoke disturbance
of public place
5. Burying with pomp one who is executed
to
Art.
131:
When
is
one
guilty
under
Senate
Relate to Sec. 35 of HSA:
o Any information secured in violation of anti-terrorism law is
inadmissible in evidence in any judicial, QJ, legislative, or
agent of a PIA.
(#1 or 2)
What is the doctrine laid down by Senate v. Ermita (EO 464)?
o The President of the Philippines and members of SC are
o
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establishment
Committed by a public officer part of the assembly
Cannot be committed by culpa (since there is intent to
under 155.
How do you determine if the disturbance is serious or not?
gatherings
Committed by one not part of the gathering
Committed by private OR public officers
Excludes peaceable assembly under Art. 131 (so this
domiciles.
Under second mode of 153, what are the elements?
o 1. There is public performance or function
o 2. There is disturbance caused
Suppose someone disturbs court proceedings, is it covered by the
second mode?
o Can be charged with Art. 153, because these are open to the
seriously disturb)
153 Interruption of gatherings (second mode)
o
o
public.
o So this covers proceedings such as those by the COMELEC.
There is a presumption under law of tumultuous disturbance.
covered by 132.
84
Acts punished:
o 1. Discharging firearm, rocket, firecracker, or explosive within
o
o
in nocturnal amusements
4. Causing disturbance or scandal while intoxicated while 153
is not applicable
Is Alarms and Scandals a specific intent crime?
o No. It is the result, not the intent that controls.
o Why does the provision say calculated to cause
Lower penalty
o 4. Taking guards by surprise outside the establishment
Lowest penalty
To what kind of prisoners does delivery of prisoners as a crime
convicted prisoner
If the person is a convict, is there a crime when he
escapes?
committed?
No.
o May they be an attempted delivery from jail?
Yes.
If a mental retardate is transferred to a hospital, from jail, and he is
o
alarm/danger?
What is punished?
o 1. Any person removes from jail or penal establishment a
apply?
o Applies to any prisoner, whether a detention prisoner or
translation.
If there is discharge of firearm but there is no alarm caused,
85
prisoner
custody of prisoners
o 3. Private person
Is it possible that a person with custody of a prisoner is liable for
heart and decided to return, is the principal for delivery still liable?
o Yes.
Is there a provision in the HSA that punishes a custodian who lets
his prisoner escape?
o Sec. 44.
o Can this be committed by culpa?
is inexcusable negligence.
If the detention prisoner is charged with parricide, and the person
1. Bribery
2. Delivery of prisoners
But if the bribery was towards another prisoner, what is
the effect?
86
from prison.
If a person escapes from jail, and he is arrested without warrant,
crime.
Can one be guilty of evasion of sentence, although not confined in
a prison?
o Yes:
prohibited place.
3. Hospital, which is an extension of the penal
institution.
Elements of evasion:
o 1. Convicted by final judgment
o 2. Serving of sentence which consists of deprivation of liberty
o 3. Escaping during sentence
Can one not sentenced to Final Judgment (ex. detention prisoner)
of service of sentence?
o 1. Detention prisoner
o 2. Deportee who violated deportation order
o 3. Youthful offender under 9344
intimidation
4. Through connivance with other convicts or employees of
penal institution
What if the convict evaded on circumstances of a catastrophe?
o And caught again, increase penalty by 1/5
o If he returns within 48 hours, decrease penalty by 1/5
For violation of conditional pardon through commission of the crime,
there can only be conviction under Art. 159 after conviction.
QUASI-RECIDIVISM (160)
87
o
o
another crime.
Does the second crime have to be a felony?
Yes.
It cannot be an SPL.
The law uses
Is he a quasi-recidivist
again?
(161)
or great seal.
What is the presumption under this law?
o Presumption: possession of a document bearing the forged
forgery.
is the effect?
o Maximum of the maximum of the more serious crime.
What is the best evidence to prove prior conviction?
o Court judgment.
What is the difference between reiteracion and quasi-recidivism?
o Reiteracion: needs final service of two or more lesser crimes,
Can only be committed with criminal intent, because the law uses the
word knowingly.
Who can commit this crime?
o Offender here is not the forger, because the forger is liable
under 161.
88
customs.
When is importation frustrated?
provision.
Is damage an element of utterance?
o No. Damage is not an essential element of utterance
89
(166)
payable to bearer
2. Importing false or forged bank notes
3. Uttering these in connivance with forgers or importers
o
o
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER
CREDIT INSTRUMENTS
If the
accused bore a PCSO ticket and wrote in ink the number purported to
win attempted estafa, because he was not able to encash it before
being caught
What about blank postal money orders?
o Blank forms of postal money orders are not official forms.
o UNLESS filled up
What about treasury warrants?
o Treasury warrant is a government obligation and is therefore
(168)
document
2. Erasing, substituting, or counterfeiting, or altering figures,
90
business transactions.
Commercial document used by merchants or businessmen to
(Art. 171)?
o 1. Has official custody of the document
o 2. When he intervenes in preparation of the document
In Siquian v. P, was there taking advantage of public position?
o Yes. The mayor was in public position and he used this
to exist.
Barometer: if he uses influence, prestige, or ascendancy of his
(171)
The RPC does not define a document. But P v. Andaya defines a
o 1. Legislative
o 2. Official
o 3. Commercial
o 4. Private
In Batulanon v. P, was it a public, official, commercial, or private?
o What was falsified here was a cash voucher.
o But it was not a commercial document, although connected to
individuals)
If a notary public falsifies a document outside his
91
due diligence.
How about a private document? Can it be falsified by culpa?
o No. There has to be intent to damage or damage caused. It
o
law.
The mere fact of preparation occurred before submission does
not affect its status because the document is destined to be
Yes. RA 8239.
What is a commercial document?
o Used by merchants or business to promote or facilitate trade or
document
Also, reports made by officials in their official duty
A document notarized by a notary public without a
documents. P v. Leonidas
How about pleadings of parties and papers submitted to the court
in the course of official judicial proceedings?
o Pleadings of parties and papers filed by them which are
falsification.
What is a public document?
o When an authorized person not a party thereto intervenes in a
o
o
Yes. Monteverde.
How about a private document that is falsified before being
falsify
your
age
in
the
application,
prior
to
credit transactions
Is a cash disbursement receipt a commercial document?
receipt issued.
Is a sales invoice a commercial document?
92
received his check. Before the check became due, the janitor
died. The widow already received it. She cashed it, thinking it
judge, and had his wife arrested. He claimed he was not guilty
of falsification because it was a spurious document in the first
place.
In the prosecution of
93
the same occasion. In each document, the dead spouses sold to the
vendee parcels of land. Then, Lastrilla signed the signature of his dead
already dead.
o But there is only one crime, even if there were several modes.
Accused was a COMELEC registrar. He made it appear in the list
of voters that certain voters were listed, when they were not, and
provision?
o For one to be guilty for falsification under this provision, it is not
did not.
X had an uncle and auntie. By 2000, his auntie and uncle died. He
Here the asst. book keeper did not include in the ledger things
that they voted, when they did not. What is the crime?
o Guilty under this same provision AND
o Liable under Omnibus Election Code
Can this crime be committed to conceal another crime?
o Yes.
o Ex. X was an accountable officer and he misappropriated funds
of government. To conceal malversation, he falsified receipts to
show that people received some amounts, when they did not.
o Guilty of two crimes:
1. Malversation
94
falsification)
What is the legal obligation contemplated under this provision?
o The legal obligation may spring not only from a law or a
regulation/rule
paragraph.
If there is colorable truth to the statement, one is not criminally
CSC,
inconsequential.
The duty to make truthful statements, what is it based on?
o 1. Law
o 2. Ordinance, as long as it requires such making of truthful
o
o
statement
3. One issued by a government agency
Ex. A government employee who falsely stated in ITR that he
intent.
There is no F of public document if acts of accused are
Color of truth
official document.
What is the required intent?
o There must be deliberate intent to make a false narration of
facts, so there is no culpa
The clerk
Is the clerk
(e.g.
has 2 dependents, when just has one, so that he can pay less
indicates GF.
X was Chinese, but he declared himself as Filipino.
authorities
by
promulgated
COMELEC)
Petitioner.
Petitioner is guilty under this paragraph as Principal by Direct
Inducement.
What if it was altered to speak the truth?
95
meaning (171 6)
Elements:
o 1. A person changes a document or intercalates an entry or
statement therein
2. The alteration or intercalation was made in a genuine
document
3. Alteration or intercalation made in document to speak of
of the document.
May this crime be committed by culpa?
o No. There must be criminal intent. It cannot be committed by
96
(172)
or
verbal
or
physical
acts
indicating
intention
behind
USED IN COUNTERFEITING
falsification
Under paragraph 2, how is the crime committed?
o 1. Person who shall knowingly introduce in evidence in any
o
establish intent.
Ex. May consist in an attempt to encash or use the document,
judicial proceeding
2. or using a falsified document, to cause damage or with intent
to cause damage
A private individual who falsified a document, and also used the
importation.
Must one import a complete set?
o No. If the instruments brought into the country cannot be used
on their own, but can be used alongside other instruments,
there is violation of the law.
(176)
making it appear that he passed the CSC exam, when in fact he did
not, and he used the personal data sheet to apply for a position
functions?
o Yes.
o Ex. A notary public who notarizes a document when his
proceeding
97
o
o
o
the crime?
o Complex crime of usurpation of public authority with seduction
X pretended to be a BIR agent and showed falsified BIR ID. What is
the crime?
o Complex
crime
of
usurpation
of
public
authority
with
falsification
X pretended to be a public official to commit robbery. What is the
crime?
o Just robbery. Take note of Art. 299-A par. 4: Robbery may be
o
kidnapping?
o No. Usurpation of authority is a mode of committing crime of
kidnapping.
Person pretending to be authorized to issue passports:
o Liable under RA 8239. (Phil. Passport Law)
circumstances
Elements under first paragraph?
o 1. Publicly uses fictitious name
o 2. With any of the mentioned purposes
o Is motive an essential element?
interest.
house of another.
Again, the use of fictitious name here is a mode to commit
robbery.
If one uses a fictitious name in a narration of facts in a public or
official document, what crime is committed?
o Falsification of public, commercial, or official document,
1. To conceal a crime
2. To escape judgment
3. To cause damage
98
in the former.
What is meant by evasion of judgment (to escape judgment)?
o Includes criminal or civil. The law does not distinguish.
The other
dolo. GF is a defense.
Villanueva v. SOJ witness must be aware that his testimony
is false. Unless he is aware, he may invoke GF. Knowledge
other facts.
What must be the subject of false testimony?
o False statement must be related to the subject of inquiry, which
used
What if a person uses a fictitious name to obstruct justice?
o Violated PD 1829 (knowingly uses a fictitious name to delay
Does
aggravating circumstances?
o Yes.
apprehension of suspects)
99
and
o
o
o
o
prosecution.
If the accused gave false testimony in favor of himself, is he liable
under 181 (favorable false testimony)?
o No.
o Unless, X was not just disclaiming guilt, but pinning it upon
committed.
UNLESS it was spontaneously done in the same testimony
in the case
What is the effect of a retraction?
o The retraction of a witness under 182 does not extinguish
criminal liability.
What is covered by civil case?
o Includes ordinary action
o Includes supplementary proceedings (Execution of judgment,
prohibition)
o Covers testimony in a petition to annul judgment
How about false testimony in special proceedings?
o Does not apply to special proceedings. Neither does it apply to
naturalization proceedings.
Is this like Article 180, where penalty depends on outcome of the
case?
o
No.
there is GF
Relate to RA 6981 witness protection program:
o Person in WPP who testifies falsely loses immunity and can be
liable for perjury
o But NOT art. 180-182 of the RPC
HSA, sec. 47:
o Any person knowingly furnishing false testimony
(183)
in any
party
Elements of 182:
o 1. False testimony given in civil case
100
Elements:
o Perjury is a felony by dolo. It cannot be done by culpa.
o There must be malice. Mere assertion of false, objective fact
not enough.
o There must be criminal intent.
How about petitions?
o Petition for habeas corpus is a public document.
If the
competitive bidding
5. Rejecting bids due to manifest preference for a closely
related bidder
Can they still be prosecuted under RA 3019?
Yes.
What are the prohibited acts for private individuals and colluding
o
public officers?
o 1. Two or more bidders agree and pre-arrange multiple bids
o
o
o
o
o
RA 9184
of competitive bidding
2. One bidder maliciously submits different bids through
public office
The private person cannot transact with government
again
5. Submitting false eligibility requirements
6. Submitting falsified information in bidding documents
7. Participating in bidding using anothers name or allowing
another to use ones name
What is RA 9184?
101
used in baptism
Or for aliens, what was registered with the Bureau of
Immigration
What are the exceptions?
o Literary, cinema, TV, radio, entertainment purposes, and other
accepted practice
How to secure an alias?
V: RELATED TO OPIUM
What changes did the DDA bring about to this title?
o 1. The penalties do not use nomenclature of RPC anymore
o 2. The penalty is no longer based on quantity involved except
o
during appeal
What is the new classification of drugs?
o 1. Dangerous drugs
o 2. Controlled precursors and essential chemicals
Who are the new additional offenders?
o 1. Financier person who pays for or underwrites illegal
for possession
3. Use of dangerous drugs now has a graduated penalty
o
o
o
o
102
o
o
o
in DD cases
9. Delay and bungling in the prosecution of drug cases by
status
2. Financing, organizing, managing
3. Protecting/coddling
4. Selling or distributing or brokering transaction of DD/CPCE
5. Use by drug pushers of minors or mentally incapacitated
used
DDs/CPECs
What are the qualifying or aggravating circumstances?
o 1. Crime committed under the influence of drugs
o 2. Possession of DDs or equipment aggravated if possessed
during parties, social gatherings, or meetings, or in the
service
offense of:
1. Importation of DDs/CPECs
2. Sale, trade, administration, dispensation, delivery,
103
o
o
in VCD or DVD)
Can this video or photo be submitted as evidence?
o No. This photo or video is inadmissible for evidence.
o Exception: police can apply to court for an order to take a
photo or video of a couple for investigation and apprehension
a work of art.
If the nude representations are sold for commercial purposes
and not the sake of art, it may fall under this provision on
obscenity.
How about actual exhibition of sexual intercourse in public?
o It is a crime under this provision. There is no art here.
What must be the nature of commercial distribution?
o It must be distributed widespread or to many people, because if
o
o
person
2. Capture image of body parts (breast, buttocks, genitals, etc.)
without consent of the person
there
must
be
of privacy?
of child
Person who induces or coerces the child
reasonable
104
encourage them
3. Those who engage in sexual intercourse with children
establishment)
Further amended by RA 9208 anti-trafficking of persons act of
2003:
o Covers sex-tourism, qualified trafficking of persons, etc.
When is trafficking of persons qualified under RA 9208?
o 1. If the trafficked person is a child (under 18 or over 18 but has
o
o
is mutilated
What are the civil liabilities of the offender?
o Offender liable to trafficked person from personal properties
o If insolvent, take value from those proceeds and instruments
motive
When is a judgment unjust?
o Contrary to law, not supported by evidence, made with
o
the injustice.
Can this be committed by culpa?
It cannot be
committed by culpa.
A judge renders a decision that is not based on evidence on
record, and he is aware of it. He still renders the decision. Is he
ipso facto criminally liable?
o No. The judgment of the court must first become final and
Postal Service.
105
the decision
2. OR there is an administrative charge against the
delay.
law?
o
o
o
NOT included
What is the nature of this felony?
o This is malum in se.
o Although the crime may be committed by tolerance, however,
the law expressly requires that the public officer/employee
Elements:
o 1. Judge either:
MALICIOUSLY
What
refrains
sine
from
qua
instituting
non
or
before
ignorance
o 2. Either by dolo or culpa
What is an interlocutory order?
106
prosecuting
a
public
The
offender
whom
the
public
officer
refused
to
Bribery
DIRECT BRIBERY (210)
capacity
Third form:
o Undertaking defense of opposing party in the same case
o
211-A).
Second form:
o Revealing clients secrets learned by him through professional
gift, etc.
3. Gift, etc. was given in consideration of commission of
commission by the P.O. of some crime in connection with
107
Second mode?
o 1. Act in consideration for which the gift, etc. was given does
form, although the act of the P.O. does not constitute a crime,
the act must be unjust
What if the act is not part of his duties?
o If the act is ENTIRELY outside his official functions, not liable
o
he values it highly
Can there be attempted or frustrated bribery?
o NO.
o De Los Angeles v. P lawyer promised and actually delivered
to NBI money to spare his client from investigation for
smuggling of aliens. NBI agent accepted the money, but the
the offer/promise.
It does not matter whether the offered thing is actually given to
HELD:
Attempted bribery.
N.B.: the one guilty of bribery is the public officer, but why is it
that in these three cases, there was attempted bribery?
consummation
Does physical receipt per se amount to consummation?
o No.
o Pelegrino v. P: The offered money was left on the table. The
public officer gets the envelope and says ano to?
Attempted bribery.
US v. Te Tong Appellant offered money to Chief of Police for
the latter to release certain merchandise seized from appellant
form)?
o For the public officer to be liable for direct bribery under the 2 nd
acceptance.
What constitutes gift or present? Can it be services?
PUBLIC OFFICER.
Must the gift be offered or can it be solicited?
o The present or gift may be solicited by the public officer or
employee. If does not distinguish whether offered by the bribe
108
o
o
Yes.
Supposing he received the bribe to commit a criminal act,
threat)
When can a judge be an accomplice?
o Judge was an accomplice when he allowed his chambers to be
used for the bribery transaction between the police and the
officer, told the victim: I will recover your property, but you have to give
109
gift, etc.
To what crimes does this apply?
o Crimes punishable by RP
Must it be RPC or can it be SPL?
Elements?
o 1. Offender is a public officer
o 2. He has custody or control of funds by reason of duties of
defraud government
When is it consummated?
office
3. Those funds/property are public funds for which he is
accountable
4. He appropriates, takes, misappropriates, consents, or
through abandonment/negligence, permits another to take the
Crime by dolo
What is the offense under the second paragraph?
o Person who is in charge of collecting taxes, licenses, fees who:
damage.
What is the nature of this act?
Mala prohibita
If accountable officer demands amount in excess of what is
MALVERSATION (217)
same
Is demand an element?
o No. Demand is NOT an element of the crime.
How is malversation committed?
o 1. Misappropriation of public funds
o 2. The taking of such property
o 3. Consenting another to take such property, whether wholly or
o
110
partially
4. Permitting another due to negligence or abandonment of
o By dolo or culpa
What are the described public properties or funds here?
o 1. Public funds owned by national government or any of its
accountable officers
2. Funds or property under custodia legis which are attached,
public funds/properties
destination.
benefited. Is he liable?
o HELD:
The municipal mayor is an accountable officer,
or property.
What is the test to determine who is accountable?
theft.
Can a sheriff be liable for malversation?
o Yes, because those taken under official duties are in custodia
legis
111
misappropriates it
What are the fiduciary funds of the courts?
guilty of malversation?
o No. He is not the accountable officer. If the clerk is negligent,
imprisonment to death
Can misappropriation of seized drugs be covered by Art.
217?
Not anymore.
9165 alone.
If a private individual profits from the fruits of malversation, since
surrender.
If person is charged with dolo, can he be found to have committed
it by culpa?
o Yes.
Do the aggravating circumstances of abuse of confidence and
taking advantage of public position apply?
o No, they are INHERENT in crime of malversation.
Elements:
o 1. Public officer
o 2. Accountable officer
o 3. Required by law or regulation to render accounts to
o
co-government employee.
The
sheriff stole it when the clerk went out for lunch. Is the sheriff
Elements:
o 1. Public officer
o 2. Has public fund or property under administration
o 3. Has been appropriated by law or ordinance
o 4. Applies such fund or property for public use OTHER THAN
that for which it has been appropriated for
112
o
o
217
Does ordinance include appropriations even by boards?
o Yes.
office
o 4. Damage or prejudice to the public interest or a third person
What are the modes of committing this offense?
o 1. Officer removes, destroys, conceals documents entrusted to
him
duty,
he
handles
matter
and
official capacity
2. Public officer wrongfully delivers papers he is in charge of
The private
of
misappropriates it
administrative sanction.
What are the elements of evasion through negligence?
o 1. Offender is public officer
o 2. He is charged with conveyance or custody of prisoner
of the officer?
o No. This is evasion through dolo.
Can private persons be liable under this provision?
o Yes, for both forms, but the penalty is lower.
thereof
Qualified theft: mail matter not entrusted, but in the course of
performance
113
public service
3. Refusal to discharge elective office
What is required?
o Must be aware that the person nominated or appointee does
not have the legal qualifications.
Is good faith a defense?
o Yes.
Differentiate nominating and recommending:
o Merely recommending is not a crime under this provision.
o To be liable must nominate someone not qualified
subjected to maltreatment
If he inflicts physical injuries without intent to kill or he kills the prisoner,
he may be guilty for maltreatment of prisoners and either PI or
homicide/murder
absolute relinquishment
such officer
(239-241)
114
against a female
government
2. Also covers the private individuals involved in paragraphs B,
nominees,
on behalf of Government
h. Having pecuniary interest
in
any
transaction
agents,
subordinates,
associates
by
any
intervene
c. Requesting or receiving any benefit from another for whom
for K)
What are the punishable acts?
o a. Persuading, influencing, or inducing a public officer to
o
contracts
3. Fraudulent conveyance of government assets
4. Accepting equity shares or future employment in
business enterprise
5. Establishing monopolies to benefit certain persons
6. Taking undue advantage of public position to enrich
himself
What is the plunder?
o Public officer who by himself or with others amasses ill-gotten
wealth through a combination or series of overt or criminal acts
with
115
What is pattern?
o At least two such acts within a 10-year span (from the RICO
Act)
committed by anyone
In parricide, conspiracy cannot be applied because relationship
is an essential element, so the non-relative co-conspirator
What are the punishable acts of public officials under the HSA?
o 1. Failure to deliver the apprehended person to proper judicial
o
o
Dolo or culpa
3. Using false testimony, forged document, or spurious
PARRICIDE (246)
accused
Is legitimacy of relationship between parent or child
material?
No.
What if its between an ascendant and descendant other
116
It is fine, if the killing was still proximate and it must be the by-
o
o
self-defense.
What must be the nature of intercourse?
o Sexual intercourse must be consensual
o Even if not consensual, Article 247 can still apply if husband
motor vehicles
o 4. On occasion of a calamity
o 5. Evident premeditation
o 6. Cruelty, scoffing at the corpse
What if the killing is not homicide (ex. parricide or infanticide)?
o Then the qualifying circumstances above just become generic
aggravating circumstances
o It must be homicide
What if there is more than one qualifying circumstance for
homicide to become murder?
o It only takes one to qualify it to murder
o The other will become a generic aggravating circumstance (but
circumstances?
o No, because destierro is not a punishment per se
Can a relative invoke Article 247?
o No. But he can invoke Article 11, defense of honor but the
act must be reasonable.
Does Article 247 cover sexual assault?
o No, it only mentions actual intercourse.
bedroom to take her jewelries. H said W should just leave and not
affected)
May treachery apply in abberatio ictus?
o Yes, if the unintended victims were helpless to defend
themselves
What about dwelling and nocturnity?
o They are not qualifying per se, but they can be instrumental in
treachery, which can qualify
HOMICIDE (249)
117
What is homicide?
o Killing of any person which does not constitute parricide,
murder, or infanticide, and without justifying circumstance
What is the rule on intent to kill?
o When consummated, it is presumed and hence need not
o
established
When the victim did not die, intent to kill becomes a specific
AFFRAY
(252)
aggravating?
o For murder and homicide.
aggravating circumstance
Except in furtherance of political crimes, which
carnapping?
o It becomes qualified carnapping. Article 48 does NOT apply.
commission of a crime
What about the use of unlawfully manufactured, acquired,
or possessed explosives?
118
attacking another
3. Persons attack one another is a tumultuous manner
4. Cannot determine who killed the deceased
be identified
What about 252?
o 1. Same circumstances, but nobody died; there are just SPI,
and the person who actually inflicted the SPI cannot be
o
ascertained
2. But those who inflicted violence on the person can be
determined
What if the person who committed the killing (251) or SPI (252) can
be ascertained?
o Then neither 251 nor 252 can apply.
What if one group in a concerted and planned effort attacked the
passerby
Who is the victim in 252?
o Must be a participant in the affray
(155)
What if the firearm is unlicensed?
o Under RA 8294, it doesnt matter because another crime is
committed (discharge of firearms)
Can discharge of firearms be complexed with S/LS Physical
INFANTICIDE (255)
Is suicide a crime?
o No. A person trying to commit suicide does not commit a
crime, even if he fails to kill himself.
What is contemplated in 253?
o A person has decided to commit suicide and requested another
o
Elements:
o 1. Offender discharges a firearm against or towards another
o 2. With no intention to kill or injure but only to scare
What if there is intent to kill?
o Then it is murder or homicide in attempted or frustrated stage
What if there is not intent to kill but the person was hit?
o Physical injuries (S, LS, or slight)
What if he fires in the air?
o Its Tumults/serious disturbances (153) or Alarms and scandals
injuries?
o Yes.
homicide or murder.
119
Elements:
o 1. Child is born alive
o 2. The child is already viable (capable of independent
existence)
o 3. The infant killed was less than 3 years old
Who can commit the crime?
o Anyone, even if not a relative
Who is not viable?
o Fetus with intra uterine life of 6 months or less
ABORTION (257-259)
punished?
o 1. Violence upon person of pregnant woman (RT)
o 2. Without violence, but without consent of woman (PM)
o 3. With consent of woman (PC)
What else in included?
o Abortion practices by the pregnant woman herself or her
o
parents
Abortion performed by a physician or midwife
the crime?
person
IA: offender knows of womans pregnancy; UA: he may or may
DUEL (260-1)
to
unintentional abortion
X stabbed and killed his wife 9 months pregnant. What is
Elements:
o 1. Previous agreement to fight
o 2. Two or more second for each combatant
o 3. Choice of arms and other terms of agreement must be
agreed upon by the seconds
but unintentionally
N.B. unintentional does not refer to culpa, because there has
120
MUTILATION (262)
What is mutilation?
o Intentional chopping off of a part of the body which will not
grow again
What is controlling?
o There must be intent to mutilate. So it cannot be by culpa.
What if there is no direct intent to mutilate?
o Just serious physical injuries
What if there is intent to kill?
o Frustrated homicide or parricide
Can mutilation be punished under VAWC?
o No, because RA 9262 says that mutilation is punished under
habitually engaged in
Par. 3:
Par. 4:
Deformity
LOST BODY PART any other part
ILLNESS OR INCAPACITY TO WORK more than
90 days
(264a)
3. Taking advantage of his weakness of mind or credulity
(264b)
What is important for all of this?
121
30 days
What is impotence?
o Loss of power to procreate and not copulation
o N.B. if castration was done solely to deprive the victim of the
power of generation: mutilation
What is deformity?
o 1. Injury resulted to an ugliness upon the offended
o 2. Such ugliness would not disappear through natural healing
process
What are the qualifying circumstances affected SPI?
o 1. Victim is any of those of parricide
(RT)
3. Par. 3-4, if committed in course of execution of robbery
penalty)
But isnt harming a PIA direct assault?
completely
Slander by deed
What if the injury was not serious at the onset but later on
becomes serious?
o The crime committed can change on the ultimate injury caused
o Ex. frustrated can become consummated
o Ex. SPI can become homicide
RAPE (266-A AND 266-B)
122
purpose
What is the nature of fear?
o It includes fear of harm or death
What is the nature of intimidation?
o It must be viewed in the eyes of the victim
o And sufficient enough to cause fear on the part of the victim
A father raped his daughter, but claimed the latter did not resist. Is
it still rape?
o Yes. Moral ascendancy and parental authority substitute for
a womans vagina?
violence.
The same rule applies for uncles, common law husband of
mother, etc.
When is one deprived of reason?
o Intellectually weak to the extent that she is not capable of
cooperation
o Sexual assault may be committed by or against men or women
Is there frustrated rape or sexual assault?
o No. It is always in the attempted or consummated stage.
o It is enough that a part of the object or organ passes through
authority?
o The offender succeeds by pretending to be his twin brother is a
o
fraudulent machination
Grave abuse of authority is one done by an employer to an
What is a weapon?
123
mere possession
2. Victim became insane on occasion of rape
3. Victim is under 18 and offender is a parent, ascendant, step-
o
o
o
o
up to 3rd degree
6. Victim has religious vocation or calling and it is known by the
o
o
o
o
o
o
No.
What is the special complex crime?
o Homicide committed on occasion of rape or sexual assault
profession
6. Inflicting or threatening to inflict physical harm to control
A. stalking
B. peering or lingering
E. harassment or violence
9. Causing mental or emotional anguish, public ridicule, or
with Homicide.
What is on the occasion?
homicide.
124
the
material
contains
child
porn,
What is hazing?
o Placing recruit in some embarrassing or humiliating situation
such as forcing him to do menial, silly, foolish, and other similar
tasks or subjecting him to physical or psychological suffering or
such acts?
one another
broadcast
in porn
8. Luring or grooming a child
believe
heterosexual or homosexual
2. Bestiality
3. Masturbation
4. S&M
5. Lascivious exhibition of genitals, buttocks, breasts,
injury
What are allowed initiation rites?
o Those that include no physical violence, and with prior written
notice to school authorities or head of the organization (ex.
AFP) 7 days before the initiation.
porn
125
rites
Must not exceed 3 days.
Notice must contain:
2. Time period
Who are liable?
o 1. Officers and members who actually participated in the
present as principals
2. Owner of the place where it was done, if he has actual
vehicle,
o
o
o
o
area
under
exploited
2. Those who commit sexual intercourse or lascivious conduct
with child exploited in prostitution
statutory rape
When is there attempt to commit child prostitution
under this paragraph?
secluded
or
children to be trafficked
3. Doctor, midwife, nurse, or other hospital employee simulates
126
o
o
origin
3. Employment of threats of whatever kind or nature
4. Using abusive, coercive, and punitive measures (cursing,
o
o
What is kidnapping?
o Private individual intends to deprive the victim of his liberty and
actually deprives him of such liberty.
o Lack of consent of the victim is fundamental.
127
128
Elements:
o 1. Offender is a private individual
o 2. Kidnaps or detains another or otherwise deprives him of
3liberty
o 3. Detention is illegal
o 4. None of the circumstances in Art. 267 apply
What is the penalty for anyone who furnishes the place for the
perpetration of the crime?
o Same penalty as the principal
o What about in Kidnapping/SID?
129
Elements:
o 1. Person is entrusted with the custody of a minor person
o 2. He/she deliberately fails to restore the latter to his parents or
guardians
Does this amend Article 267?
o No. The intent in the two crimes are different.
What is the essential element here?
o The deliberate failure or refusal to restore minor to parent or
guardian as the controlling intent
o What must be the nature of this intent?
130
GRAVE THREATS (282), LIGHT THREATS (283), AND OTHER LIGHT THREATS
(285)
131
For grave threat and light threat (not other light threats), the
court may require the offender to give bond not to molest the
person threatened
o If he fails to do so, he shall be sentenced to destierro
Is a threat to sue in court unlawful?
o No. The threat must constitute a wrong and suing in court is
not a wrong.
Elements:
o 1. Person is prevented by another from doing something not
prohibited by law or compelled to do something against his will,
o
another
3. Person who restrains the will/liberty of another has no right
Art. 312
What if there is lewd design?
o Forcible abduction will result, not grave coercion, if there is
lewd design.
Distinguish between threat and coercion:
o Threat:
to do so
What if the subject of preventive coercion is an act prohibited by
law?
o
meeting)
What if the threat is against the owner of a property intending to
religious right
liberty
What if the coercion is to prevent people from seeking grievance or
or intimidation:
liberty
SID while there is also intimidation, there is deprivation of
peaceably assembling?
o Violation of Article 131 (disturbance or prevention of peaceful
conditional
Coercion:
and direct
2. Cannot be done through intermediary or in writing
3. Committed by violence, although it may be brought
about by intimidation if serious enough, direct,
132
firearm)
Illustrate the distinction:
o Threat: if you are still here when I come back, I will kill you.
o
them (291)
3. Person who reveals trade secrets to the prejudice of the
owner (292)
security.
How can this crime be committed?
o Crime of dolo only
Distinguish unjust vexation and attempted rape:
o Determine if the act was done in pursuit of rape or merely to
conversation
o So public conversations or statements are not covered
When is recording allowed?
o When there is consent by all those involved in the conversation
Does the law cover tape recorders or phone extensions?
o Tape recorders are included, phone extension lines are not
distress/annoy.
Ex. in Baleros v. P, X covered Ms face with a piece of cloth
133
Including
those
in
the
pretense
of
overseas
employment
2. Introduce or match for money a Filipina woman with a
purposes above
4. Undertake or organize tours and travel plans with tourism
o
o
o
o
mentioned purposes
7. Recruit, hire, transport, abduct person for organ-harvesting
8. Recruit, transport, or adopt a child for armed activities here
as a group
4. Offender is ascendant, parent, sibling, guardian, or person
o
o
activities
3. Crime is by a syndicate or in large scale
or abroad
What are the acts that promote trafficking of persons?
o 1. Knowingly lease or sublease property to promote trafficking
o 2. Produce or issue fake government compliance materials to
requirements, etc.)
3. Advertising or promoting trafficking
4. Assist in misrepresentation or fraud to facilitate acquisition of
redress
7. Knowingly benefit from use of a person in involuntary
Elements:
o 1. Personal property of another
o 2. Unlawful taking
o 3. Intent to gain
o 4. Violation or intimidation against persons OR force upon
things
Is there frustrated robbery?
o No more frustrated robbery, just attempted or consummated
o Taking need not be permanent; Even brief possession already
consummates the crime
What must concur:
o 1. Taking (physical act)
o 2. AND intent to gain (mental act)
What is taking?
o Taking of personal property out of possession of another
without privity or consent and without animus revertendi (intent
to return)
134
pleasure.
Even mere use of property taken is already gain under the
law.
Gain rebutted by evidence that he took property because he
rape
What is Intimidation?
o Unlawful coercion, duress, putting owner/possessor in fear
o Attempt to take property of another with threats of bodily harm
o No requirement of material violence it is NOT indispensable
property.
If violence or intimidation was done after possession was
properties
And capable of appropriation
N.B. Includes electricity, phone services, and the like
Can contraband property (ex. Drugs) be subject to
theft/robbery?
Yes.
When is it robbery or theft?
135
exclusive.
crime.
What does homicide cover?
o Homicide is used in its generic term. There is no robbery with
o
o
Its just
robbery or homicide.
Is there robbery with homicide and frustrated homicide?
o
o
Art. 14.
What if the physical injuries are merely LSPI or slight PI?
o Its just simple robbery under par. 5.
Can there be robbery with homicide through reckless imprudence?
o No.
When will the special complex crimes arise?
o If the other crime must be consummated.
May Art. 48 apply if the constituent elements are not
who
shouted
magnanakaw!
It doesnt matter if it happens before, during, or after
P v. Mangulabnan Person was robbing a house. He heard
rumbling noises in the attic and shot a gun at the ceiling, and
even without intent to kill, he accidentally killed a hiding person.
HELD: Robbery with homicide. (Not robbery with homicide
through reckless imprudence even if it is by mere accident, it
consummated?
o Yes. If one crime is done to commit another, or a single act
resulting into two or more grave or less grave offenses, and
robber.
Is there robbery with homicide AND rape?
o No. As long as there is homicide, it is ALWAYS just robbery
with homicide.
136
o
o
TWO CRIMES.
o Separate crimes of homicide and robbery
o Separate crimes of rape and robbery
Can there be robbery with homicide, if aside from intent to gain,
the crime?
HELD:
got killed.
If a homicide is committed by one robber, ALL of them are liable for
robbery with homicide. (One merges his will into the common intent.)
o EXCEPT: when one of the robbers overtly attempts to prevent
the robbery. Also, it does not matter that it was a robber that
the homicide.
robbers was shot. There was a chase all the way to Laguna, where a
Even the
unsuccessful.
What is the liability of the look-out?
the rape is far from the situs of the robbery, there are
TWO crimes, but not robbery with rape.
137
injuries.
period anymore.
o Art. 296 Firearm here can be licensed or unlicensed.
o Arms can includes bolos and clubs.
If one is a member of a band, may he be not liable for crime of
robbery, if he tries to prevent it?
o Yes. Even if he is a member of a band, if he prevents the
circumstance
Art. 296 provides that if any of the firearms used is unlicensed, the
Property).
When is dwelling aggravating and when is it absorbed?
o It is aggravating in robbery with homicide
o Inherent in robbery with force upon things and the place broken
ALLEY
compartments in a train
To what kinds of robbery does this provision apply to?
o Robbery with Physical Injuries
What is the nature of band here?
o
Band here is in the nature of a SPECIAL aggravating
o
(295-6)
is concerned.
Ex. Offender entered the property but he did not find any
property there.
robbery
138
N.B. Homicide in 297 is used in its generic term. The homicide must be
consummated.
If the crime of homicide was committed with treachery, can
What are the situations where there is robbery with force upon
things, under this provision?
o 1. Entering the premises using:
A. Constructive force:
ingress or egress
B. Actual force
2. Entering without force but while inside, broke walls, doors,
private documents.
If it is a void document, will that be robbery under 298?
o No. It is grave coercion. Robbery presupposes damage
does this differ from Article 178, where there is also use of
fictitious name?
o Here such use is to enter the house, with intent to rob. In 178,
(299)
139
uninhabited palce?
o Maximum penalty this is provided by Article 300.
What is Robbery in Article 303?
o Robbery of cereals, fruits, firewood in an uninhabited place or
circumstance
THEFT (308)
highway robbery.
What if the illegal act is actually carried out?
Then the illegal act itself is the crime (ex. murder) and
the fact of being a band is just an aggravating
Were article 306 and 307 of the RPC amended by PD 532 (Anti
brigands
2. Fencing
o Under PD 532
BRIGANDAGE (306-7)
already a crime
140
Local authorities
deposit. So it is theft.
Can there be theft of services?
o Yes. Under Code of Commerce, services are personal
property.
Can gas or electricity be stolen?
o Yes, using jumpers. So even intangible property can be
subject to taking.
RA 7832 also punishes theft of electrical property. So which is
applicable, 308 or RA 7832?
o Either under Art. 308 or RA 7832.
Can commercial documents, PNs, etc., be subject to theft?
o Yes, these have value.
In a case, the sheriff stole evidence stored in the vault of the court
(ex. Gun, money, whatever), when the clerk of court mistakenly left
the vault open. What crime was committed?
o Sheriff: theft
o Clerk of court: Malversation by culpa, since he has custody of
Case by case.
If a person is given property for a particular purpose and that
o
As an
crime?
documents
I own a car. I delivered it to the repair shop. I left it, and the owner
of the shop sold my car.
estafa?
o Theft. To determine between theft and estafa, ask: was the
141
theft)
C. Motor vehicle now under Anti-carnapping law
paid?
Yes.
What do you mean by lost in Par. 1 of Article 308?
o The property must have an owner and is not yet res nullius.
If property is stolen and the thiefs identity cannot be deciphered,
accountable
officer,
and
it
can
discovery of secrets
3. Circumstances during taking such as calamity and
misfortune
Was this amended by PD 533, the anti cattle rustling law and RA
6539, the anti-carnapping law?
o No; these are SPL, according to the SC
What is grave abuse of confidence?
o It must be a special relation of intimacy.
o Ex. Branch manager stole the jewelry under his custody.
If there is conspiracy, but one is trusted and the other is not, what
is the crime?
o Two crimes: qualified theft for the former, simple theft for the
be
MALVERSATION.
Is a person who profits from the theft a principal or accessory?
o Principal under the Anti-fencing law
o Accessory under the RPC
latter
How about a commission salesman of a corporation?
o Just simple theft, because there is no evidence except that he
was a commission salesman that the employer reposed
B. By a domestic servant
confidence on him
What does mail matter include?
o Any matter that is deposited with the Phil. Postal Corporation
which are delivered through postal service.
o
142
Includes mail
A bicycle is not.
There
must be CONSUMMATED.
If the homicide or murder is merely attempted or
RPC
QUALIFIED carnapping
There is special complex crime of carnapping with homicide
or rape or murder. It is a single and indivisible offense. Here,
upon things
Simple carnapping
May there be qualified carnapping?
o If there is no person killed or raped, and there is only PI or
attempted/frustrated homicide or murder or rape the crime is
So a motorcycle is included.
Qualified carnapping
143
the owner.
X was hired as taxi driver to drive the car for a fixed period of time.
He did not return it after. The taxi was found abandoned in a place.
What is the crime?
o Carnapping. After the initial lawful possession, it transformed
o
to unlawful possession.
Doesnt the abandonment exculpate X?
No.
The crime was consummated even if the
What is fencing?
o Act of any person who with intent to gain for himself or for
robbery or theft
Who is a fence?
o Fence is person, corporation, or association, or partnership
o
Elements:
o 1. Crime of robbery or theft committed
o 2. Accused, not a principal or accomplice in the commission of
the crime, deals with the article in any manner, and the article
the crime?
o Two crimes:
permit.
Failure to get can result to closure of business.
Procedure to obtain permit/clearance:
144
What is usurpation?
o Similar to robbery except that in robbery, personal property is
involved
What is the penalty?
o 1. Penalty for the act of violence
o 2. Penalty for the act of usurpation
However, what is the nature of this offense?
o It is a single and indivisible offense.
usurpation?
o 1. Homicide, physical injuries in subdivisions 1 and 2 of Article
o
o
usurpation or occupation
CULPABLE INSOLVENCY (314)
based on an obligation
o The law applies even if the property the offender is bound to
are committed.
What are the possible acts that may accompany the act of
property
What is any other obligation to make delivery or to
return?
SWINDLING/ESTAFA (315)
of
these
provisions,
there
145
is
JURIDICAL
In
estafa,
both
MATERIAL
and
JURIDICAL
No.
Even a temporary disturbance constitutes
transferor
In Theft or robbery, there is NO transaction between
to the offender
There must be a FIDUCIARY relationship between offender
caused.
An owner of a truck pledged it to another as security for a loan
contract. But then, he leased it to another and it was stolen
or money
It doesnt matter if the obligation is guaranteed by a
bond or not
Without this relationship, there is no estafa
The duty to return the same thing or money is based
on:
B. BY LAW
When does fraud come into play?
someone else. She used it for her own benefit. What is the
crime?
By
146
No.
Because owner of the money loaned is
pay back.
What about money market placement?
loan.
What about bank deposits?
remit.
How many counts of estafa are committed?
transactions.
PD 155 Trust receipt transactions:
give the price sold if sold, or if the goods are not sold,
monthly amortizations.
2. As regards the employer, estafa with
abuse of confidence, because he did not
there estafa?
criminal offense.
When a person participates in the commission of a
crime, he CANNOT escape liability due solely to the
fact that he was acting as an agent of another party.
147
criminal cases.
3. Taking undue advantage of signature of offended party in blank
o
o
o
business or art
3. Pretending to have bribed any Government employee
4. Bouncing check
5. Obtaining food or service from a hotel or restaurant without
abuse of confidence?
o Abuse of confidence conversation or misappropriation
o Fraud or false pretenses fraudulent acts simultaneous or
payee
The fraud must be committed PRIOR or UPON the issuance of
the check.
For what kind of obligation must the check be issued for?
preceding
In illegal recruitment, can one be liable under both the Labor Code
his.
Caveat emptor doctrine does not apply. You cannot invoke the fact that
case.
The drawer obtains no gain here, because the
worthless check.
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are funds, even when there are no funds at the time it was
o
o
o
issued.
If the check is issued as a guaranty to secure a loan, there is
no estafa.
Issuing a check in exchange for cash:
Direct evidence
days?
presumption of deceit.
What if the account is closed?
What does B.P. 22 cover that is not covered by the prior provision
on estafa?
o 1. Issuance of check as deposit
o 2. As guaranty
o 3. For pre-existing obligation
gambling game
3. By removing, concealing, or destroying in whole or in part,
any court record, office files, document, or any other papers
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Yes.
Ex. A person burns trash disregarding the strong winds that
blew the cinders to the neighbors property. The crime is
simple/reckless imprudence resulting to arson.
Is there frustrated arson?
o No. Its either the burning did not happen (attempted arson) or
it did, regardless of extent (consummated arson).
When is the burning destructive arson?
o 1. Any ammunition factory and other establishment where
explosives, inflammable, or combustible materials are stored
o 2. Archive, museum (public/private), edifice devoted to culture,
education, social services
o 3. Church, place of worship, or usual place of assembly
o 4. Train, plane, vessel, or other transportation
o 5. Building where evidence is kept for official proceedings
o 6. Hospital, hotel, dormitory, housing tenement, mall, market,
movie house, or similar places
o 7. Building in a congested or populated area, whether a
dwelling or not
Other cases of arson: (with higher penalty)
o 1. Any building and office of government
o 2. Inhabited house or building
o 3. Industrial establishment, shipyard, oil well, mine shaft,
platform, tunnel
o 4. Plantation, farm, etc.
o 5. Rice mill and other mills
o 6. Railway or bus station, airport, wharf, warehouse
If destructive arson or those other cases are not specified, what is
the charge?
o Simple arson
What are the special aggravating circumstances?
o 1. Committed with intent to gain
o 2. Committed for benefit of another
o 3. Motivated by spite or hatred towards owner or occupant
o 4. Committed by syndicate
What else are specially punished?
o
o
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No.
No.
Distinguish between unjust vexation and malicious mischief:
o Unjust vexation if the purpose is to irritate a person
o Malicious mischief if purpose is to damage property
Distinguish between malicious mischief and arson:
o Arson can be committed by dolo or culpa, malicious mischief
by dolo only
o Arson must be by fire, malicious mischief if not by fire
o If death results from arson, it is just arson (but qualified); if
death or injury results from malicious mischief, those are
separate crimes
Not robbery
o 2. Estafa but NOT complexed with other crimes (ex. estafa with
falsification of commercial documents)
o 3. Malicious mischief
Not arson
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Is it a continuing crime?
o No.
o Each sexual intercourse consummates the crime. Ex. Sex 5
times, adultery 5 times.
Can there be frustrated adultery?
o No frustrated adultery because it is consummated by
intercourse, so the rule for rape likewise applies.
What about attempted adultery?
o There can be attempted adultery. Caught in hotel in act of
undressing, about to have sex.
Can there be criminal action against just one of the parties?
o No. It must be against both parties if both are alive.
Differentiate pardon from consent:
o Pardon is prior to the act, consent is after. In any case, it is a
bar to filing a criminal complaint.
Who can initiate action for adultery and concubinage?
o Must be from offended spouse. Both offenders must be named
in the complaint.
CONCUBINAGE (334)
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153
BIGAMY (349)
(348)
status
2. Any physician or surgeon or public officer who through
No violation of 347
When is child trafficking committed in relation to these provisions,
under RA 7610?
o 1. Parents agree to adopt the child for a consideration
o 2. Physician made it appear in the record of birth that the
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written?
party?
LIBEL (353)
What is libel?
o Public and malicious imputation of a crime, vice, or defect, real
it is true
Except?
shown
What are the exceptions to libel?
o 1. Private communication by one person to another in the
performance of legal, moral, or social duty
o 2. Fair comment of public acts
What is identity?
o At least a stranger or third person may be able to identify him
as the subject of the statement
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he is compensated
2. Those who offer to prevent the publication of such libel for
compensation
SLANDER (358)
utterances
Is putang ina mo slander?
o No.
Is there frustrated or attempted defamation?
o No. It is a formal crime.
offense
Can a headline alone be libelous?
o No. The headline must be read with the accompanying news
story
When can public officers demand damage from members of the
press?
o If the statement was made with actual malice with knowledge
that it was false or with reckless disregard of whether it was
false or not
How is reckless conduct measured?
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Its slander
What is incriminating an innocent person?
o Imputing to the innocent person the commission of a crime.
governs?
o The qualifying circumstance of the last paragraph
imprudence
5. There is inexcusable lack of precaution on the part
considerations
What is simple imprudence?
o The failure to exercise the diligence necessary or called for by
o
conclusion as to causation
What is the exception to this rule?
manifest.
What are the elements of reckless imprudence?
3. Without malice
crimes.
But does a charge under the RPC absorb the other charges
comprising mala prohibita crimes?
o No. A mala in se felony cannot absorb mala prohibita crimes.
the situation.
It applies to situations where the threatened harm is not
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Even with RA 9346, the classification of crimes as heinous and quasiheinous still remains (heinous: death; quasi-heinous: RP)
o If the crime is heinous:
75,000 indemnity
50,000 indemnity
REGARDLESS of sexual
proof that the heirs suffered emotional pain, suffering, etc. Ex.
distinguish)
But the offender cannot be obliged to acknowledge offspring in
adultery and concubinage, when the offended party is married
o 5,000 moral
o 2,000 exemplary for each count
Qualified rape:
o 75,000 indemnity
o 50,000 moral damages
Rape with homicide:
o 100,000 indemnity
o 50,000 moral damages
For moral damages on parricide, homicide, rape, etc. No need to allege
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o
o
o
50,000 indemnity
200,000 moral damages
100,000 exemplary damages because demand for ransom
was deemed an AC
Qualified carnapping:
o 75,000 indemnity
o 50,000 moral
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