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Crim Law 2 Report (351-365)
Crim Law 2 Report (351-365)
CRIMINAL LAW 2
TOPICS REPORT & CASE
DIGESTS
(Article 351 – 365)
Submitted by:
WILLY C. DUMPIT
First Year – LLB
Art. 351. Premature marriages. Any widow who shall marry within three hundred
and one days from the date of the death of her husband, or before having delivered if
she shall have been pregnant at the time of his death, shall be punished by arresto
mayor and a fine not exceeding 500 pesos.
1. A widow who married within 301 days from the date of the death of her
husband, or before having delivered if she is pregnant at the time of his death.
The penalty is imprisonment for not less than one month nor more than two
years, or a fine not less than P200 nor more than P2,000. (Sec. 39, Act No.
3613, Marriage Law)
Art. 353. Definition of libel. A libel is a public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act, omission, condition, status or
circumstance tending to cause the dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one who is dead.
Elements of defamation:
5. That the imputation must tend to cause the dishonor, discredit or contempt
of the person defamed.
FACTS:
On September 20, 1986 Leouel and Julia exchanged vows. A year after the
marriage, the couple when quarreling over a number of things including
the interference of Julia’s parents into their marital affairs. On May 18, 1998, Julia
finally left for the United States. Leouel was then unable to communicate with her for
a period of five years and she had then virtually abandoned their family. Leouel filed
a case for nullity on the ground of psychological incapacity. The Regional Trial Court
dismissed the complaint for lack of merit. The Court of Appeals affirmed the decision
of the trial court.
ISSUE:
Whether or not the grounds of psychological incapacity in this case should be
appreciated?
HELD:
The Supreme Court denied the petition. Psychological incapacity should refer
to no less than a mental (not physical) incapacity that causes a party to be truly
incognitive of the basic marital covenants that concomitantly must be assumed and
discharged by the parties to the marriage which, as so expressed by Article 68 of the
Family Code, include their mutual obligations to live together, observe love, respect
and fidelity and render help and support. The psychological condition must exist at
the time the marriage is celebrated and must be incurable. Mere abandonment
cannot therefore qualify as psychological incapacity on the part of Julia.
1. Writing 6. Phonograph
2. Printing 7. Painting,
Art. 356. Threatening to publish and offer to prevent such publication for a
compensation. The penalty of arresto mayor2 or a fine of from 200 to 2,000 pesos,
or both shall be imposed upon any person who threatens another to publish a libel
concerning him or the parents, spouse, child, or other members of the family of the
latter, or upon anyone who shall offer to prevent the publication of such libel for a
compensation or money consideration.
Elements:
3. That such facts are offensive to the honor, virtue and reputation of said
person.
Art. 358. Slander. Oral defamation shall be punished by arresto mayor in its
maximum period to prision correccional in its minimum period4 if it is of a serious
and insulting nature; otherwise the penalty shall be arresto menor or a fine not
exceeding 200 pesos.
Slander is libel committed by oral (spoken) means, instead of in writing. The term
oral defamation or slander as now understood, has been defined as the speaking of
base and defamatory words which tend to prejudice another in his reputation, office,
trade, business or means of livelihood. (Villanueva vs. People: G.R. No. 160351,
April 10, 2006, 487 SCRA 42)
1. Simple slander.
FACTS:
The petitioner herein, Rosauro Reyes, was a former civilian employee of the
Navy Exchange, whose services were terminated. He led a group of about 20 to 30
persons in a demonstration staged in front of the main gate of the United States
Naval Station. They carried placards bearing statements such as, "Agustin, mamatay
ka;" "To, alla boss con Nolan;" "Frank do not be a common funk;" "Agustin,
mamamatay ka rin"; "Agustin, Nolan for you;" "Agustin alla bos con Nolan;" "Agustin,
dillega, el dia di quida rin bo chiquiting;" and others. At that time Agustin Hallare was
in his office inside the naval station. When he learned about the demonstration he
became apprehensive about his safety, so he sought Col. Monzon's protection.
After Hallare and his companions had alighted in front of his residence, Col.
Monzon sped away. The three jeeps carrying the demonstrators parked in front of
Hallare's residence after having gone by it twice Rosauro Reyes got off his jeep and
posted himself at the gate, and with his right hand inside his pocket and his left
holding the gate-door, he shouted repeatedly, "Agustin, putang ina mo. Agustin,
mawawala ka. Agustin lumabas ka, papatayin kita." Thereafter, he boarded his jeep
and the motorcade left the premises. Meanwhile, Hallare, frightened by the
demeanor of Reyes and the other demonstrators, stayed inside the house.
ISSUE:
HELD:
No. The charge of oral defamation stemmed from the utterance of the words,
"Agustin, putang ina mo". This is a common enough expression in the dialect that is
often employed, not really to slander but rather to express anger or displeasure. It is
seldom, if ever, taken in its literal sense by the hearer, that is, as a reflection on the
virtues of a mother. In the instant case, it should be viewed as part of the threats
voiced by appellant against Agustin Hallare, evidently to make the same more
emphatic.
Art. 359. Slander by deed. The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period5 or a fine ranging from 200 to 1,000 pesos
shall be imposed upon any person who shall perform any act not included and
punished in this title, which shall cast dishonor, discredit, or contempt upon another
person. If said act is not of a serious nature, the penalty shall be arresto menor or a
fine not exceeding 200 pesos.
Elements:
1. That the offender performs any act not included in any other crime against
honor.
3. That such act casts dishonor, discredit or contempt upon the offended
party.
GONZALES, Petitioner vs. ARCILLA, Respondent
G.R. No. 27923 November 18, 1991
FACTS:
• With intent to cash dishonour, discredit and contempt upon one Filipinas
Ordonez, Marcela Gonzales uttered publicly in the presence and within the
hearing of several persons the following defamatory words, to wit: “MANG-
AAGAW NG ASAWA NG MAY ASAWA! TIBIHON! PUTANG INA MO!
WALANG HIYA! PATAY GUTOM!”
• Information for slander against Gonzales was filed before the City Court of
Davao by Fiscal Celi. Gonzales moved to quash the information contending
that the fiscal did not have authority to file the information and the court did
not acquire jurisdiction over the case.
• Motion to quash was denied. MR was also denied. Thus, Gonzales filed with
CFI of Davao a petition for certiorari and prohibition.
ISSUE:
Whether or not a criminal action for Gonzales’ alleged defamation can be
brought de oficio?
HELD:
• Yes. Slander is oral defamation, where there is public and malicious
imputation of a crime, or of a vice or defect, real, or imaginary or any act,
omission, condition, status, or circumstance trending to cause the dishonour,
discredit or contempt of natural or juridical person, or to blacken the memory
of one who is dead. Defamatory words are to be construed in their entirety,
and should be taken in their plain, natural and ordinary meaning as they
would naturally be understood by persons hearing them, unless it appears
that they were used and understood in another sense.
• CFI’s interpretation of the first portion of the alleged defamatory utterance is
erroneous. “Mangaagaw ng asawa ng may asawa” , even if translated as “one
who grabs another’s husband” does not necessarily mean an adulteress. At
most, it may imply that the person to whom it is addressed is a “flirt, a
temptress, or one who indulges in enticing other husbands”. It is an imputation
of some kind of moral depravity, immoral conduct or a vice, but certainly not a
crime.
• CFI’s interpretation of the other portion as” mere accompanying and
supporting phrases and terms used to give more vivid color and importance to
the first portion” is also erroneous. These remarks were uttered merely to
expose all possible vices, defects, real or imaginary, status, or condition of the
offended party. ‘Tibihon” means a person suffering from tuberculosis, and not
“consumptive” as translated by the fiscal. “Putang ina Mo,” although referring
to a mother, was meant to suggest that the offended party’s is not a legitimate
daughter of her mother. “Walang-Hiya, which means “shameless”, could
related to the offended party’s being a flirt, seducer, or a daughter of a
prostitute. “Patay-Gutom” is a derogatory remark connoting abject poverty
entirely unrelated to the first portion. None of these, however, imputed any
crime.
• Accordingly, the last paragraph of RPC 360 which provides that:
“No criminal action for defamation which consist in the imputation of a
crime which cannot be prosecuted de oficio shall brought except at the
instance of and upon complaint expressly fileed by the offended party.”
which has specific reference to the crimes against chastity, and the
second paragraph of Section 5, Rule 110 of ROC which provides: “The
crimes of adultery and concubinage shall not be prosecuted except
upon a complaint filed by the offended spouse”. are not applicable in
this case, since, as above discussed, the alleged slanderous
utterance subject of the assailed information do not impute any crime
which cannot be prosecuted de oficio. Order of the City Court of Davao
in the criminal case denying to the motion to quash is hereby
REINSTATED and said court is directed to proceed with the
arraignment, if one has not yet been had, and the trial of the case on its
merits.
Art. 360. Persons responsible. Any person who shall publish, exhibit, or cause the
publication or exhibition of any defamation in writing or by similar means, shall be
responsible for the same.
4. The owner of the printing plant which publishes a libelous article with his
consent and all other persons who in any way participate in or have
connection with its publication. (U.S. vs. Ortiz, 8 Phil. 752
Art. 361. Proof of the truth. In every criminal prosecution for libel, the truth may be
given in evidence to the court and if it appears that the matter charged as libelous is
true, and, moreover, that it was published with good motives and for justifiable ends,
the defendant shall be acquitted.
Art. 362. Libelous remarks. Libelous remarks or comments connected with the
matter privileged under the provisions of Article 354, if made with malice, shall not
exempt the author thereof nor the editor or managing editor of a newspaper from
criminal liability.
Art. 363. Incriminating innocent person. Any person who, by any act not
constituting perjury, shall directly incriminate or impute to an innocent person the
commission of a crime, shall be punished by arresto mayor.
Elements:
FACTS:
ISSUE:
HELD:
YES - It is very apparent that by the use of the phrase "thru unlawful arrest"
in the information an idea is conveyed that the unlawful arrest was resorted to as a
necessary means to plant evidence in the person of the offended party, thereby
incriminating him.
From a reading of the info the SC finds a close connection between the act of the
accused in first unlawfully arresting the offended party and then investigating him;
and it was during that investigation that they plated incriminatory evidence against
him. SC agrees with the Solicitor General in his contention that the accused first had
to resort to unlawful arrest in order to be able to plant the P1.00 bill among the
money taken from the offended party.
Also the court a quo has jurisdiction to try the accused of the offense charged in
the information. The crime of unlawful arrest is punishable with arresto mayor
or imprisonment of from one month and one day to six months, and a fine not
exceeding P500.00; 5 and the crime of incriminatory machinations is punishable
with arresto mayor, or imprisonment of from one month and one day to six
months.
Art. 364. Intriguing against honor. The penalty of arresto menor or fine not
exceeding 200 pesos shall be imposed for any intrigue which has for its principal
purpose to blemish the honor or reputation of a person.
On October 22, 1975, complainant Atty. Tito Pintor and his client Manuel
Montebon were in the living room of complainant’s residence discussing the terms
for the withdrawal of the complaint for direct assault which they filed with the Office
of the City Fiscal of Cebu against Leonardo Laconico. After they had decided on the
proposed conditions, complainant made a telephone call to Laconico. That same
morning, Laconico telephoned appellant, who is a lawyer, to come to his office and
advise him on the settlement of the direct assault case because his regular lawyer,
Atty. Leon Gonzaga, went on a business trip.
Complainant called again and instructed Laconico to give the money to his wife at
the office of the then Department of Public Highways. Laconico who earlier alerted
his friend Colonel Zulueta of the Criminal Investigation Service of the Philippine
Constabulary, insisted that complainant himself should receive the money. When he
received the money at the Igloo Restaurant, complainant was arrested by agents of
the Philippine Constabulary.
The lower court found both Gaanan and Laconico guilty of violating Section 1 of
Republic Act No. 4200, which prompted petitioner to appeal. The IAC affirmed with
modification hence the present petition for certiorari.
ISSUE:
HELD:
1. When the penalty provided for the offense is equal to or lower than those
provided in the first two paragraphs of this article, in which case the courts
shall impose the penalty next lower in degree than that which should be
imposed, in the period which they may deem proper to apply.
FACTS:
On October 25, 2001, petitioner was driving his passenger jeepney along a
two-lane road where the Laguindingan National High School is located toward
thedirection of Moog in Misamis Oriental
At the time several students were coming out of the school premises.
Meanwhile, a fourteen year-old student, Michael Dayata (Dayata), wasseen by
eyewitness Artman Bongolto (Bongolto) sitting near a store on the left side of the
road. From where he was at the left side of the road, Dayata raised his left hand to
flag down petitioner’s jeepney which was traveling on the right lane of the road.
However, nei ther did petitionernor the conductor, Dennis Mellalos (Mellalos), saw
anybody flagging down the jeepney to ride at that point. The next thing Bongalto
saw,Dayatas feet was pinned to the rear wheel of the jeepney, after which, he laid
flat on the ground behind the jeepney
Another prosecution witness, Usaffe Actub (Actub), who was also situated on
the left side of the street but directly in front of the school gate,heard a strong impact
coming from the jeep sounding as if the driver forced to accelerate in order to hurdle
an obstacle. Dayata was then seenlying on the ground] and caught in between the
rear tires. Petitioner felt that the left rear tire of the jeepney had bounced and the
vehicle tiltedto the right side.-
Dr. Tammy Uy issued an autopsy report stating cranio-cerebral injuries as the cause
of death. She testified that the head injuries of Dayata couldhave been caused by
having run over by the jeepney.
ISSUE:
HELD: