Professional Documents
Culture Documents
6 2020 UP BOC Criminal Law Reviewer PDF
6 2020 UP BOC Criminal Law Reviewer PDF
Page 1 of 286
U.P. LAW BOC CRIMINAL LAW
U.P. LAW BOC CRIMINAL LAW
U.P. LAW BOC CRIMINAL LAW
TABLE OF CONTENTS
h. Article 184 – Offering False Testimony in g. Article 210 – Direct Bribery ............... 180
Evidence ................................................... 162 h. Article 211 – Indirect Bribery ............. 181
3. Chapter III: Frauds ................................ 162 i. Article 211-A – Qualified Bribery ....... 182
a. Article 185 – Machinations in Public j. Article 212 – Corruption of Public
Auctions .................................................... 162 Officials ...................................................... 182
b. Article 186 – Monopolies and 3. Chapter III: Frauds and Illegal Exactions
Combinations in Restraint of Trade ........... 162 and Transactions ........................................... 183
c. Article 187 – Importation and Disposition a. Article 213 – Fraud Against the Public
of Falsely Marked Articles or Merchandise Treasury and Similar Offenses .................. 183
Made of Gold, Silver, or other Precious Metals b. Article 214 – Other Frauds ................ 184
or their Alloys ............................................ 163 c. Art. 215 – Prohibited Transactions .... 184
E. CRIMES RELATIVE TO OPIUM AND OTHER d. Article 216 – Possession of Prohibited
PROHIBITED DRUGS [ARTS. 190 TO 194] ......... 163 Interest by a Public Officer ........................ 184
F. CRIMES AGAINST PUBLIC MORALS ...... 170 4. Chapter IV: Malversation of Public Funds
1. Chapter I: Gambling and Betting ........... 170 or Property ..................................................... 184
a. ANTI-GAMBLING LAW (PD. 1602 as a. Article 217 – Malversation of Public
amended by RA 9287 [ANTI-ILLEGAL Funds or Property - Presumption of
NUMBERS GAMES LAW]) ....................... 170 Malversation .............................................. 184
b. INCREASING THE PENALTY FOR b. Article 218 – Failure of Accountable
ILLEGAL NUMBERS GAMES (PD 9287) . 171 Officer to Render Accounts ....................... 186
c. Article 196 – Importation, Sale and c. Article 219 – Failure of a Responsible
Possession of Lottery Tickets and Public Officer to Render Accounts Before
Advertisements ......................................... 172 Leaving the Country .................................. 187
d. Article 197 – Betting in Sports Contests d. Article 220 – Illegal Use of Public Funds
(Repealed by PD 483) ............................... 172 or Property ................................................. 187
PENALIZING BETTING, GAME FIXING OR e. Article 221 - Failure to Make Delivery of
POINT-SHAVING AND MACHINATIONS IN Public Funds or Property ........................... 187
SPORT CONTESTS (PD 483) .................. 172 f. Article 222 – Officers Included in the
e. Article 198 – Illegal Betting On Horse Preceding Provisions ................................. 188
Races [Repealed by Act. 309, as amended by 5. Chapter V: Infidelity of Public Officers ... 188
RA 983] ..................................................... 173 a. Article 223 – Conniving With or
f. Article 199 – Illegal Cockfighting Consenting to Evasion .............................. 188
[amended by PD 449] ............................... 173 b. Article 224 – Evasion through
2. Chapter II: Offenses Against Decency and Negligence ................................................ 189
Good Customs .............................................. 174 c. Article 225 – Escape of Prisoner under
a. Article 200 – Grave Scandal ............. 174 the Custody of a Person Not a Public Officer
b. Article 201 – Immoral Doctrines, 189
Obscene Publications and Exhibitions and d. Article 226 – Removal, Concealment, or
Indecent Shows (as amended by PD 960 and Destruction of Documents ......................... 190
969) 175 e. Article 227 – Officer Breaking Seal ... 190
c. Article 202 – Vagrants and Prostitutes f. Article 228 – Opening of Closed
(as amended by RA 10158) ...................... 175 Documents ................................................ 190
G. CRIMES COMMITTED BY PUBLIC g. Article 229 – Revelation of Secrets by an
OFFICERS ........................................................ 176 Officer ........................................................ 191
1. Chapter I: Preliminary Provisions .......... 176 h. Article 230 – Public Officers Revealing
a. Article 203 – Who Are Public Officers176 Secrets of Private Individuals .................... 191
2. Chapter II: Malfeasance and Misfeasance 6. Chapter VI: Other Offenses or Irregularities
in Office ......................................................... 177 by Public Officers ........................................... 192
a. Article 204 – Knowingly Rendering a. Article 231 – Open Disobedience ..... 192
Unjust Judgment; and ............................... 177 b. Article 232 – Disobedience to the Order
b. Article 205 – Judgment Rendered of Superior Officer When Said Order Was
Through Negligence .................................. 177 Suspended by Inferior Officer .................... 192
c. Article 206 – Unjust Interlocutory Order c. Article 233 – Refusal of Assistance .. 192
178 d. Article 234 – Refusal to Discharge
d. Article 207 – Malicious Delay in the Elective Office ........................................... 192
Administration of Justice ........................... 178 e. Article 235 – Maltreatment of Prisoners
e. Article 208 – Prosecution of Offenses; 193
Negligence and Tolerance ........................ 179 f. Article 236 – Anticipation of Duties of a
f. Article 209 – Betrayal of Trust by an Public Officer ............................................. 193
Attorney or a Solicitor – Revelation of Secrets g. Article 237 – Prolonging Performance of
179 Duties and Powers .................................... 194
U.P. LAW BOC CRIMINAL LAW
CRIMINAL LAW I
CRIMINAL LAW
Page 1 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 2 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 3 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
NOTE: The authorities of the Philippines and Exceptions: If the writ or process sued out or
the United States shall notify each other of the prosecuted is [PhDS]:
disposition of all cases in which both the 1. Against a person who is a citizen or
authorities of the Philippines and the United inhabitant of the Philippines, provided:
States have the right to exercise jurisdiction. a. The person is in the service of an
ambassador or a public minister; and
Offenses Relating to Security for purposes b. Process is founded upon a debt
of the VFA [Art. V (2)(c), VFA] contracted before he entered upon such
1. Treason service
2. Sabotage 2. Against the Domestic Servant of an
3. Espionage ambassador or a public minister,
4. Violation of any law relating to national provided:
defense a. The name of the servant has been
registered in the Department of Foreign
Affairs, (DFA) and transmitted by the
Page 4 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Secretary of Foreign Affairs to the Chief cannot penalize crimes committed outside its
of Police of the City of Manila; but territory.
b. The registration was only made after the
writ or process has been issued or Scope of Territory
commenced The territory of the country is not limited to the
land where its sovereignty resides but includes
NOTE: RA No. 75 is not applicable when the also its maritime and interior waters as well as
foreign country adversely affected does not its atmosphere. [Art. 2, RPC]
provide similar protection to our diplomatic
representatives [Sec. 7, R.A. 75] Theory on Aerial Jurisdiction - Absolute
Theory
iii. PRINCIPLES OF PUBLIC The subjacent state has complete jurisdiction
INTERNATIONAL LAW over the atmosphere above it subject only to
the innocent passage by aircraft of a foreign
Who are Exempt [SCAMMP]: country.
1. Sovereigns and other heads of state
2. Charges d’ affaires If the crime is committed in an aircraft, no
3. Ambassadors matter how high, as long as it is within the
4. Ministers Philippine atmosphere, Philippine criminal law
5. Minister resident will govern. The Philippines has complete and
6. Plenipotentiary [REYES, Book 1] exclusive sovereignty over the airspace above
its territory [Art. 1, Convention on International
Who are not exempt [CVC]: Civil Aviation].
1. Consuls
2. Vice-consuls Exceptions [SCIONS] [Art. 2, RPC]:
3. Other Commercial representatives of 1. Crimes committed while on a Philippine
foreign nations do not possess such status Ship or airship
and cannot claim the privileges and 2. Forging/Counterfeiting of Coins or Currency
immunities accorded to ambassadors and Notes in the Philippines
ministers. [Sec. 249, Wheaton, International 3. Introduction of #2 into the country
Law] 4. Offenses committed by public officers or
employees in the exercise of their functions.
Condition for Immunity to Apply 5. Crimes against National Security and the
Diplomatic immunity only applies when the law of nations, defined in Title One of Book
diplomatic officer is engaged in the Two of this Code
performance of his official functions [Minucher
v. Court of Appeals, G.R. No. 142396 (2003)] i. CRIMES COMMITTED ABOARD
A PHILIPPINE SHIP OR AIRSHIP
iv. WARSHIP RULE [Art 2 (1), RPC]
Page 5 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 6 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 7 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
been pronounced and the convict is serving the Effects of Amendment [REYES, Book 1]
same. [Art. 22, RPC] Amendment Effect
Makes penalty New law applies
Exceptions to the Exception: lighter (see Exception
1. The new law is expressly made inapplicable above)
to pending actions or existing cause of Makes penalty Law in force at the
actions heavier time of commission
2. The offender is a habitual criminal. of the offense
applies
Rationale: The punishability of an act must be Increases fine but Not ex post facto, so
reasonably known for the guidance of society. decreases penalty of law and penalty is
[People v. Jabinal, G.R. No. L-30061 (1974)] imprisonment retroactively applied
[CRUZ]
Effects of Repeal [REYES, Book 1]
Absolute/ Partial/
Total Repeal Relative Repeal
Nature of Repeal B. FELONIES
Crime punished by Crime punished
repealed law is under the repealed
decriminalized/ no law continues to be
longer punishable, a crime 1. Criminal Liabilities
so it is obliterated
a. Classification of Felonies
Examples: When
the repealing law Definition of Terms
fails to penalize the 1. Crime - an act committed or omitted in
offense under the violation of a public law forbidding or
old law commanding it. It is a generic term used to
Effect as to Pending Cases refer to a wrongdoing punished by either the
Pending cases are If repeal is favorable RPC or a special law. [ORTEGA]
dismissed and to the accused, 2. Felony – crime punishable under the
unserved penalties repealing law must Revised Penal Code (RPC).
are remitted. be applied except 3. Offense – crime punishable under special
when reservation in laws.
the law states it 4. Misdemeanor - minor infraction of the law,
does not apply to such as a violation of an ordinance.
pending cases
Effect when Sentence is Already Being How committed
Served Art. 3. Definitions. – Acts and omissions
Offenders are The more lenient punishable by law are felonies (delitos).
entitled to release. law must be applied
except when: (1) Felonies are committed not only by means of
reservation exists in deceit (dolo) but also by means of fault
law; or (2) when (culpa).
offender is a
habitual criminal There is deceit when the act is performed
with deliberate intent and there is fault when
the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
Page 8 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Actus Non Facit Reum, Nisi Mens Sit Rea Examples of Crimes requiring Specific
An act does not make a defendant guilty Criminal Intent
without a guilty mind. [REYES] 1. Robbery – intent to gain [Art. 293[
2. Theft – intent to gain [Art. 308[
Mens rea 3. Homicide – intent to kill [Art. 249[
A guilty mind, a guilty or wrongful purpose or 4. Forcible Abduction – intent of lewd designs
criminal intent, and essential for criminal [Art. 342[
liability. [People v Valenzuela, G.R. No.
160188 (2007)] Must be Alleged in Information
Where the specific intent of the malefactor is
Requirements of Dolo or Malice [FID]: determinative of the crime charged, such
1. Freedom – Voluntariness on the part of the specific intent must be alleged in the
person who commits the act or omission. information and proved by the prosecution.
2. Intelligence – Capacity to know and [People v. Delim, G.R. No. 142773 (2003)]
understand the consequences of one’s act.
3. Dolo – Intent to commit the act with malice How proven
is a purely mental process, and is presumed Specific intent may be proved by direct
from the proof of the commission of an evidence or by circumstantial evidence
unlawful act. Intent presupposes the (inferred from the circumstances of the actions
exercise of freedom and the use of of the accused as established by evidence).
intelligence. [REYES, Book 1] [People v. Delim, supra.]
Page 9 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 10 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Rule of Negative Ingredient. This rule states Three (3) Stages of Acts of Execution are:
that: 1. Attempted - When the offender
1. The prosecution must first identify what the commences the commission of a felony
accused failed to do. directly by overt acts but does not produce
the felony by reason of some cause or
2. Once this is done, the burden of evidence
accident other than his own spontaneous
shifts to the accused.
desistance
3. The accused must show that the failure did
2. Frustrated - When the offender performs all
not set in motion the chain of events leading
the acts of execution which would produce
to the injury [Carillo v. People, G.R. No.
the felony but does not produce it by reason
86890 (1994)].
of causes independent of the will of the
perpetrator
ii. According to Nature
3. Consummated - When all the elements
A. MALA IN SE necessary for its execution and
A crime or an act that is inherently immoral, accomplishment are present; the felony is
such as murder, arson, or rape [Black’s Law produced
Dictionary, 9th ed.]
Page 11 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Light felonies are those infractions of law for Art. 7. When light felonies are punishable
the commission of which a penalty of arrest – Light felonies are punishable only when
menor or a fine not exceeding 200 pesos or they have been consummated, with the
both; is provided. exception of those committed against person
or property.
Classification According to Penalties:
1. Grave Felonies When Punishable
2. Less Grave Felonies General Rule: Only when consummated
3. Light Felonies
Exception: If It involves crimes committed
Importance of Classification is to against persons or property
Determine:
1. Whether these felonies can be complexed Rationale: They produce light, insignificant
2. The prescription of the crime and of the moral, and material injuries that public
penalty conscience is satisfied with providing a light
3. Duration of subsidiary penalty to be penalty for their consummation. [REYES, Book
imposed. 1]
Page 12 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 13 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 14 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Mens Rea ✓ ✓ ✓ ✓
Concurrence ✓ ✓ ✓ ✓
✗ ✗
✗
Not produced by reason Not produced by
Result Not produced ✓
of inherent impossibility reason of causes
by reason of
or employment of independent of the will
desistance
inadequate means of the perpetrator
Causation ✗ ✗ ✗ ✓
d. Stages of Execution
Development of a Crime
Three (3) Stages of Acts of Execution are: 1. Internal Acts - intent, ideas and plans; not
1. Attempted - When the offender punishable, even if, had they been carried
commences the commission of a felony out, they would constitute a crime [REYES,
directly by overt acts but does not produce Book 1]
the felony by reason of some cause or
accident other than his own spontaneous 2. External Acts
desistance a. Preparatory Acts – acts tending toward
2. Frustrated - When the offender performs all the crime but with no direct connection
the acts of execution which would produce with the crime. [REYES, Book 1]
the felony but does not produce it by reason
of causes independent of the will of the General Rule: Not punished since these
perpetrator acts do not yet constitute even the first
3. Consummated - When all the elements stage of the acts of execution
necessary for its execution and Exception: When considered by law as
accomplishment are present; the felony is independent crimes (i.e. Art. 304 –
produced possession of picklocks)
Page 15 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Example: The mere act of selling or Other than his own spontaneous
even acting as a broker to sell marijuana desistance.
or other prohibited drugs consummates
the crime. [People v. Marcos, G.R. No. When is a Crime Commenced:
83325 (1990)] 1. There are external acts.
b. Crimes Consummated by Mere 2. Such external acts have a direct connection
Attempt or Proposal by Overt Act with the crime intended to be committed.
Examples: Flight to enemy’s country
[Art. 121] and Corruption of Minors [Art. Definition of Terms:
340] 1. Overt Act - Some physical activity or deed,
c. Felony by Omission indicating the intention to commit a
There can be no attempted stage when particular crime. It is more than a mere
the felony is by omission, because the planning or preparation. [REYES, Book 1]
offender does not execute acts, rather 2. Desistance:
he omits to perform an act which the General Rule: An absolutory cause which
law requires him to do. [REYES, Book negates criminal liability provided that the
1] desistance was made when the acts done
d. Crimes Consummated by Mere have not yet resulted in any felony.
Agreement Desistance is recognized only in the
Examples: In betting in sports contests attempted stage of the felony.
and corruption of public officer [Art. 197
and Art. 212], the manner of Exemption: In certain cases, although
committing the crime requires the negated at the attempted stage, but there
meeting of the minds between the giver may be other felonies arising from his act.
and the receiver. [US v. Basa, 8 Phil. Example: An attempt to kill that results in
89 (1907)] physical injuries still leads to liability for the
e. Material Crimes injuries inflicted.
Those committed with three (3) stages
of execution. B. FRUSTRATED
Elements [AFN]:
2. Elements of the Crime 1. Offender performs All the acts of execution
The existence of certain elements is a factor in 2. All the acts performed would produce the
determining its consummation. [REYES, Book Felony as a consequence
1] 3. But the felony is Not produced by reason of
causes independent of the will of the
3. Nature of the Crime Itself perpetrator.
There are certain crimes requiring a specific
criminal intent.
Examples: Robbery, Theft, Rape (See: Not all crimes have a Frustrated Stage
Discussion on Specific Criminal Intent) General Rule: Felonies that do not require any
result do not have a frustrated stage.
THREE (3) STAGES OF EXECUTION:
A. ATTEMPTED Crimes which do not admit of frustrated
Elements [CNDO]: stage [RABT]:
1. The offender Commences the commission 1. Rape - Once there is penetration, no matter
of the felony directly by overt acts. how slight it is, the offense is consummated.
2. He does Not perform all the acts of [People v. Orita, G.R. No. 88724 (1990)]
execution which should produce the felony. 2. Arson – The crime of arson already
3. The non-performance of all acts of consummated even if only a portion of the
execution was Due to cause or accident wall or any part of the house is burned. The
Page 16 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 17 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 18 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 19 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Definition
Single act constitutes two or An offense is a necessary The law fixes one penalty for
more grave or less grave means to commit another two or more crimes committed.
felonies [Art. 48]. offense [Art. 48].
Elements
Imposable Penalty
Penalty for most serious crime Penalty for most serious crime That which is indicated in the
shall be imposed in its shall be imposed in its Revised Penal Code
maximum period [Art. 48] maximum period [Art. 48]
Page 20 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 21 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Fulfillment of duty or 1. Offender acted in Performance of duty or in the lawful exercise of a right
lawful exercise of or office; and
right (PN) 2. The injury caused or the offense committed be the Necessary
consequence of the due performance of duty or the lawful exercise of
such right or office.
Page 22 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 23 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 24 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 25 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 26 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Requisites [OPM]
a. An Order has been issued by a superior The reason for the exemption lies on the
b. Such order must be for some lawful complete absence of intelligence, freedom of
Purpose; and action, or intent, or on the absence of
c. The Means used by the subordinate to carry negligence on the part of the accused.
out said order is lawful
Burden of Proof
Examples: Prosecution has the burden of proof to
1. Where the accused acted upon orders of establish the guilt of the accused. However,
superior officers that they, as military once the defendant admits the commission of
subordinates, could not question, and the offense charged, but raises an exempting
obeyed in good faith, without being aware of circumstance as a defense, the burden of proof
their illegality, without any fault or is shifted to him. [People v. Concepcion, G.R.
negligence on their part, the act is not No. 148919 (2002)]
accompanied by criminal intent. A crime is
not committed if the mind of the person
Page 27 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
As to Lawfulness of Act
The act is considered to have been done within The act complained of is actually wrongful,
the bounds of law; hence, legitimate and lawful in but the actor is not liable.
the eyes of the law.
Since the act complained of is actually wrong,
Since the act is considered lawful, there is no there is a crime but since the actor acted
crime. without voluntariness or negligence, there is
no dolo or culpa.
As to Liability
There is no criminal liability and no civil liability There is no criminal liability but there is civil
(except: avoidance of greater evil where civil liability (except: accident; insuperable cause).
liability is borne by persons for whose benefit the
harm has been prevented.)
Page 28 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 29 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 30 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Discernment 3. ACCIDENT
Capacity of the child at the time of the
commission of the offense to understand the Something that happens outside the sway of
differences between right and wrong and the our will and, although coming about through
consequences of the wrongful act. [Sec. 4, some act of our will, lies beyond the bounds of
A.M. No. 01-1-18-SC, Revised Rule on humanly foreseeable consequences. [REYES,
Children in Conflict with the Law] Book 1]
Page 31 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 32 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Conditional Offender is above fifteen but below eighteen years of age. Diminution of
minority intelligence
Page 33 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 34 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 35 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 36 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
he will still get the benefit of this mitigating Provocation v. Vindication [CAMPANILLA]
circumstance. Provocation Vindication
[Art. 13, Par. 6] [Art. 13, Par. 5]
5. IMMEDIATE VINDICATION OF A GRAVE
OFFENSE As to Offended Party
Requisites [G(CR)VN]
a. That there be a Grave offense done to the It is made directly The grave offense
one Committing the felony, his spouse, only to the person may be committed
ascendants, descendants, legitimate, committing the against the
natural or adopted brothers or sisters, or felony. offender’s relatives
Relatives by affinity within the same mentioned by law.
degree.
b. That the felony is committed in Vindication As to Graveness of Offense
of such grave offense. A lapse of time is
allowed between the vindication and the The offense need The offended party
doing of the grave offense. not be a grave must have done a
c. The vindication need Not be done by the offense. grave offense to the
person upon whom the grave offense was offender or his
committed relatives.
As to Immediateness of Offense
Lapse of Time Allowed
Although the grave offense which engendered The provocation or The grave offense
the perturbation of mind was not so immediate, threat must may be proximate,
it was held that the influence thereof, by reason immediately precede which admits of an
of its gravity, lasted until the moment the crime the act. interval of time
was committed. [People v. Parana, G.R. No. L-
45373 (1937)] As to Subject of Offense
Page 37 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 38 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 39 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 40 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 41 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 42 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 43 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Par. 6. Nighttime, Time, place, and Circumstances of nighttime, uninhabited place or band:
uninhabited place, means of the [FES]
by a band commission of the 1. Facilitated the commission of the crime; [REYES,
crime Book 1, p. 364]; and
2. Was Especially Sought for by the offender to insure
the commission of the crime or for the purpose of
impunity; [People v. Pardo, G.R. No. L-562 (1947)]
Par. 7. On Time and place of The offender must take advantage of the calamity or
occasion of a the commission of misfortune
Calamity the crime
Page 44 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Par. 12. Means and ways Crime was committed by means of: [IFPESIDO]
Inundation, fire, employed in 1. Inundation
poison, explosion, commission of the 2. Fire
etc. crime 3. Poison
4. Explosion
5. Stranding of a vessel
6. Intentional damage to a vessel
7. Derailment of a locomotive
8. Any Other artifice involving great waste and ruin
Par. 13. Evident Means and ways Prosecution must prove: [TAL]
premeditation employed in 1. Time when the offender determined to commit the
commission of the crime;
crime 2. An Act manifestly indicating that the culprit has
clung to his determination; and
3. A sufficient Lapse of time between the
determination and execution, to allow him to reflect
upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.
Par. 14. Craft, Means and ways That the crime was committed by means of:
fraud, or disguise employed in 1. Craft: Intellectual trickery and cunning on the part
commission of the of the accused;
crime 2. Fraud: Insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out his design; or
3. Disguise: Any device to conceal identity
Page 45 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Par. 17. Ignominy Means and ways The means employed or the circumstances brought
employed in about must tend to make the effects of the crime more
commission of the humiliating or to put the offended party to shame.
crime
Par. 18. Unlawful Means and ways Entrance is effected by a way not intended for the
entry employed in purpose.
commission of the
crime
Par. 20. With aid Means and ways Commission of the crime is committed with the aid of
of persons Under employed in children under 15 years of age
15 commission of the
crime
Repress practice of
criminals to avail of
minors and take
advantage of their
irresponsibility
Page 46 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 47 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 48 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
NOTE: It is the prosecution that has the b. When crime was committed outside the
burden of proving the age of the offended party. dwelling - Dwelling is still aggravating if the
The failure of the accused to object to the commission of the crime began inside the
testimonial evidence regarding age shall not be dwelling. [U.S. v. Lastimosa, G.R. No. 9178
taken against him. [People v. Arpon, G.R. No. (1914)]
183563 (2011)]
Not Considered as an Aggravating
B. Act Committed in Dwelling Circumstance:
Kind: Generic Aggravating Circumstance a. When both offender and offended party are
occupants of the same house [U.S. v.
Requisites [BS(ReCo) + NP] Rodriguez, supra.], and this is true even if
a. Act was committed in the dwelling, which offender is a servant of the house. [People
may pertain to a: v. Caliso, supra.]
i. Building; or b. When the owner of the dwelling gave
ii. Structure, which is sufficient and immediate provocation.
iii. Exclusively used for Rest and Comfort. [REYES, Book 1]
b. Offended party must Not give Provocation. c. Crimes where Dwelling is Inherent:
i. Trespass to Dwelling [Art. 280, RPC]
Dwelling ii. Robbery with force upon things [Art.
Building or structure, exclusively used for rest 299, RPC]
and comfort. It is not necessary that the victim
owns where she lives or dwells. A lessee, 4. ABUSE OF CONFIDENCE OR OBVIOUS
boarder, or bedspacer can consider such place UNGRATEFULNESS
as his home, the sanctity of which the law Kind: Generic Aggravating Circumstance
seeks to uphold. [People v Daniel, G.R. No. L-
40330 (1978)] Par. 4 provides two aggravating circumstances
–abuse of confidence and obvious
Dwelling includes dependencies such as the ungratefulness. If both are present in the same
foot of the staircase and enclosure under the case, they must be independently appreciated.
house. [U.S. v. Tapan, G.R. No. 6504 (1911)] [REYES, Book 1]
Page 49 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 50 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
the purpose of impunity; [People v. Pardo, whether or not in the place of the commission
G.R. No. L-562 (1947)] of the offense, there was a reasonable
possibility of the victim receiving some help.
Can be Considered Separately [People v. Desalisa, G.R No. 95262 (1994)]
General Rule: If they concur in the
commission of the crime, they are considered Solitude must be sought to better attain the
as one aggravating circumstance. criminal purpose. [People v. Aguinaldo, G.R.
No. 33843 (1931)]
Exception: When the following are present:
a. When their elements are distinctly When place of crime could be seen and the
perceived voice of the victim could be heard from a
b. When they can subsist independently. nearby house, the place of the crime is not
c. When it reveals a greater degree of “uninhabited.” [People v. Laoto, G.R. No. 1928
perversity. [People v. Santos, G.R. No. (1928)]
L41-89 (1952)]
C. Band (Cuadrilla)
A. Nighttime (Nocturnidad) Requisites: [4AAT]
The commission of the crime must begin and a. There should be at least be four (4)
be accomplished in the nighttime (after sunset persons;
and before sunrise, cf. Art. 13, Civil Code). b. Such persons are Armed; and
c. They Acted Together in the commission of
Two (2) Tests for Nocturnity an offense. [REYES, Book 1]
a. Objective test - nighttime is aggravating
because the darkness facilitated the Abuse of superior strength and use of firearms
commission of the offense; [People v. are absorbed by the aggravating circumstance
Pardo, G.R. No. L-562 (1947)] and of by a band. [People v. Escabarte, G.R. No. L-
b. Subjective test - nighttime is aggravating 42964 (1988)]
because the darkness was purposely
sought by the offender. [People v. Ventura, Not Considered as Aggravating
supra.] Circumstance in Brigandage
Brigandage is committed by more than three
Nighttime and Treachery armed persons forming a band of robbers [Art.
General Rule: Nighttime is absorbed in 306, RPC]. Thus, that the crime was committed
treachery if it is part of the treacherous means by a band is inherent in the definition of the
to insure the execution of the crime. [People v. crime and is not aggravating. [REYES, Book 1,
Ong, G.R. No. 34497 (1975)] p. 374]
Exception: Where both the treacherous mode
of attack and nocturnity were deliberately 7. ON THE OCCASION OF A
chosen upon the same case. Both may be CONFLAGRATION, SHIPWRECK,
perceived distinct from one another. [People v. EARTHQUAKE, EPIDEMIC OR OTHER
Berdida, G.R. No. L-20183 (1966)] CALAMITY OR MISFORTUNE
Page 51 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 52 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 53 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
[People v. Upao Moro, G.R. No. L-6771 Crime was committed by means of:
(1957), cited in REYES, Book 1] a. Craft - It is chicanery resorted to by the
● It is not necessary that the accused accused to aid in the execution of his
premeditated the killing of a particular criminal design. [People v. Zea, G.R. No. L-
individual. If the offender premeditated on 23109 (1984)]
the killing of any person (general attack), it b. Fraud - When there is a direct inducement
is proper to consider as an aggravating by insidious words or machinations, fraud
circumstance because whoever was killed is present. [People v. Labuguen, G.R. No.
was contemplated in the premeditation. 127849 (2000)]
[US v. Manalinde, G.R. No. L-5292 (1909)] c. Disguise - Resorting to any device to
conceal identity. [REYES, Book 1]
Not Considered as Aggravating TEST: Whether the device or contrivance
Circumstance: was intended to or did make identification
a. Anger or Grudge - The mere existence of more difficult, such as the use of a mask,
ill-feeling or grudge between the parties is false hair or beard. [People v. Reyes, G.R.
not sufficient to establish premeditated No. 118649 (1998)]
killing. There must be an outward act
showing or manifesting criminal intent. If Disguise was Ineffective
[People v. Bernal, G.R. No. 113685 (2002)] When in spite of the use of disguise, the
b. Crimes Where Premeditation is culprits were recognized by the victim,
Inherent: disguise is not considered as an
i. Preconceived act – where the accused aggravating circumstance. [People v.
would execute the preconceived act Sonsona, G.R. No. L-8966 (1956)]
only after having thought out the
method by which he intends to Craft v. Fraud v. Disguise
accomplish it (e.g. arson, theft, estafa,
Craft Fraud Disguise
etc.) [People v. Cu, G.R. No. L-13413
(1977)] As to Purpose
ii. Robbery; except in robbery with
homicide if the premeditation includes Done in Done to induce Done to
the killing of the victim [People v. order to not someone conceal
Valeriano, G.R. No. L-2159 (1951)] arouse through identity
iii. Treason [People v. Racaza, G.R. No. suspicion insidious words
L-365 (1942)] and
c. Error in personae – Premeditation is not machinations
aggravating when there is mistake of
identity as the victim is not the object of
premeditation. [People v. Dueño, G.R. No. Craft and Fraud absorbed in Treachery
L-31102 (1979)] Craft and fraud may be absorbed in treachery
d. Aberratio ictus – When the victim is if they have been deliberately adopted as the
means, methods or forms for the treacherous
different from that intended, premeditation
strategy. Otherwise, they may co-exist
is not aggravating [People v. Hilario, et al.,
independently where they are adopted for a
G.R. No. 128083 (2001)]
different purpose in the commission of the
crime. [People v. Lab-eo, supra.]
14. CRAFT, FRAUD OR DISGUISE WAS
EMPLOYED
Not Considered as an Aggravating
Kind: Generic Aggravating Circumstance Circumstance
a. Qualified theft [Art. 310, RPC] – Craft is an
element of qualified theft [People v.
Page 54 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Tiongson, C.A., 59 O.G. 4521, cited in The means used must not totally eliminate
REYES, Book 1] possible defense of the victim, otherwise it will
b. Crimes where Fraud is inherent: fall under treachery.
i. Preventing the meeting of Congress
and similar bodies [Art. 143, RPC] Not Considered as an Aggravating
ii. Violation of parliamentary immunity Circumstance:
[Art. 145, RPC] a. When one who attacks is overcome with
iii. Crimes against public interest under passion and obfuscation [REYES, Book 1]
Chapter Three b. When quarrel arose unexpectedly [U.S. v.
iv. Crimes committed by public officers Badines, G.R. No. 1951 (1905)]
under Chapter Three c. When treachery is present, superior
v. Execution of deeds by means of strength is absorbed. [People v. Mobe,
violence or intimidation [Art. 298, RPC] G.R. No. L-1292 (1948)]
vi. Crimes against property under d. Crimes where Abuse of Superior
Chapters 5 and 6 Strength is Inherent:
vii. Marriage contracted against the i. Parricide [People v. Galapia, G.R. Nos.
provisions of the law [Art. 350, RPC] L-39303-05 (1978)]
viii. Rape through fraudulent machination ii. Rape [People v. de Leon, G.R. No.
[Art. 266-A (1)(c), RPC] 128436 (1999)]
Page 55 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 56 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
ii. Treason [People v. Racaza, supra] e. Less serious physical injuries [Art. 265,
RPC]
Treachery Absorbs the Following f. Rape
Aggravating Circumstances: [CANAMBES]
a. Craft [People v. Malig, G.R. No. L-2083 Ignominy
(1949), cited in REYES, Book 1, p.466] It is a circumstance pertaining to the moral
b. Abuse of superior strength [People v. order, which adds disgrace to the material
Siaotong, G.R. No. L-9242 (1957), cited in injury caused by the crime. [People v. Acaya,
REYES, Book 1, p.464] G.R. No. L-72998 (1988), cited in REYES,
c. Nighttime [People v. Corpuz & Serquiña, Book One]
G.R. No. L-12718 (1960), cited in REYES,
Book 1, p.464] When Appreciated
d. Aid of Armed men [People v. Siaotong, Ignominy is appreciated when the offense is
supra] committed in a manner that tends to make its
e. Band [People v. Ampo-an, G.R. No. 75366 effect more humiliating, adding to the victim’s
(1990), cited in REYES, Book 1, p.464] moral suffering. Thus, where the victim was
f. Employing means to weaken the defense already dead when his body or a part thereof
[People v. Siaotong, supra] was dismembered, ignominy cannot be taken
g. Disregard of Sex [People v. Clementer, against the accused. [People v. Cachola, G.R.
G.R. No. L-33490 (1974)] No. 135047 (2004)]
Page 57 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 58 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
iii. Facilitate their escape [People v. It pertains to the Refers to the physical
Espejo, G.R. No. L-27708 (1970)] moral order, whether suffering of the victim
or not the victim is so victim has to be
NOTE: If motor vehicles are used only in the dead or alive alive
escape of the offender, it is not aggravating.
[REYES, Book 1]
C. SPECIAL AGGRAVATING AND
Rationale: To counteract the great facilities QUALIFYING CIRCUMSTANCES
found by modern criminals in said means to
commit crime and flee and abscond once the OTHER SPECIAL AGGRAVATING AND
same is committed [REYES, Book 1] QUALIFYING CIRCUMSTANCES [SELDA]
a. Organized or Syndicated crime group
21. CRUELTY b. Use of Explosives
Kind: Specific Aggravating Circumstance; c. Use of Loose firearms
Specific to crimes against persons d. Use of Dangerous drugs
e. Arson under P.D. 1613
Requisites [DIUE]
a. That the injury caused be Deliberately a. Organized or Syndicated Crime Group
Increased by causing the other wrong
b. The other wrong was Unnecessary for the Organized/syndicated crime group
Execution of the purpose of the offender A group of two or more persons collaborating,
confederating, or mutually helping one another
For cruelty to exist, there must be proof for purposes of gain committing any crime. [Art.
showing that the accused delighted in making 62, RPC as amended by R.A. 7659]
their victim suffer slowly and gradually, causing
him unnecessary physical and moral pain in Effect
the consummation of the criminal act. [People When a crime is committed by an
v. Catian, G.R. No. 139693 (2002)] organized/syndicated group, and the purpose
of such crime was to gain, the maximum
Outraging the Corpse penalty shall be imposed. [Art. 62, RPC as
If the victim was already dead when the acts of amended by R.A. 7659]
mutilation were being performed, this would
also qualify the killing to murder due to Crimes where Purpose is to Gain: [TERI]
outraging of his corpse [Art. 248, par. 6, RPC]. 1. Theft
2. Estafa
There must be proof that the wounds inflicted 3. Robbery
on the victim were done while he was still alive 4. Illegal recruitment
in order to be considered cruelty [People v.
Pacris, G.R. No. 69986 (1991)]. b. Use of Explosives
The Decree Codifying the Laws on Illegal/
Ignominy Cruelty
Unlawful Possession, Manufacture, Dealing in,
As to Type of Suffering Acquisition or Disposition, of Firearms,
Ammunition or Explosives [P.D. 1866, as
Shocks the moral Physical amended by R.A. 8294] provides that the use
conscience of man of explosives or incendiary devices in the
commission of a crime, resulting to death of a
As to Whether Victim has to be Alive person, shall be considered an aggravating
circumstance.
Page 59 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 60 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Arson is committed; that the crime was protection [People v. Bersabal, G.R. No. 24532
committed: [BaHaGS] (1925)]
1. For the Benefit of another
2. Because of Hatred towards owner/occupant Other relatives included
3. With Intent to Gain The relationship of stepfather or stepmother
4. By a Syndicate and stepson or stepdaughter is included by
analogy as similar to that of ascendant and
Syndicate descendant. [People v. Bersabal, G.R. No.
Offense is committed by a syndicate if it is 24532 (1925); People v. Portento, C.A., 38
planned or carried out by a group of three (3) O.G. 46, cited in REYES, Book 1]
or more persons. [Sec. 4, P.D. 1613]
Relationship as Exempting Circumstance:
Under art. 62 of RPC, a syndicate needs at 1. When the accessory is related to the
least TWO persons. Under P.D. 1613, a principal.
syndicate needs at least THREE persons.
General Rule: This includes spouses,
e. Alternative Circumstances [Art. 15] ascendants, descendants, legitimate,
natural, and adopted brothers and sisters,
Alternative Circumstances or relatives by affinity within the same
These are circumstances which may be taken degrees, with the single exception of
in consideration, as aggravating or mitigating accessories falling within the provisions of
according to the nature and effects of the crime paragraph 1 of the next preceding article.
and other conditions attending its commission. [Art. 20, RPC]
[REYES, Book 1]
Exception: When said relatives profited
TYPES UNDER ART. 15. [RIE] themselves or assisted the offender to profit
1. Relationship by the effects of the crime. [Art. 19 (1), RPC]
2. Intoxication
3. Degree of Education/instruction 2. Death under exceptional circumstances.
A legally married person who having
1. RELATIONSHIP surprised his spouse in the act of
committing sexual intercourse with another
The alternative circumstance of relationship person who shall inflict upon them physical
shall be taken into consideration when the injuries of any other kind (i.e. less serious
offended party is the: [SAD SiRA] and slight physical injuries). [Art. 247, RPC]
a. Spouse
b. Ascendant 3. Select Crimes Against Property. For
c. Descendant crimes of theft, swindling (estafa), and
d. Legitimate, natural, or adopted brother or malicious mischief there is no criminal
sister (Siblings) liability if they be caused by the following
e. Relative by Affinity in the same degree of persons [SADRAS-WS-BS]:
the offender [People v. Marco, G.R. No. a. Spouses, Ascendants and
132392 (2001)] Descendants, or Relatives by Affinity in
the Same line.
Relatives by Affinity b. The Widowed Spouse with respect to
Includes in-laws, stepfather, or stepmother, the property which belonged to the
stepchild and the like. It is the duty of the deceased spouse before the same shall
stepparents to bestow upon their stepchildren have passed into the possession of
a mother’s or father’s affection, care and another; and
Page 61 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 62 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 63 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
detectives [State v. Hayes, 105 Mo. 76,16 S.W. A person has A public officer or a
514, 24 Am. St. Rep. 360, cited in REYES, planned or is about private detective
Book 1, p. 247] to commit a crime induces an innocent
and ways and person to commit a
Entrapment is Different from Instigation means are resorted crime and would
Entrapment to by a public officer
arrest him upon or
Trapping persons into crime for the purpose of to trap and catch theafter the
instituting criminal prosecutions. It is a scheme criminal. commission of the
or technique ensuring the apprehension of the crime by the latter.
criminals by being in the actual crime scene. As to Conviction or Acquittal
[People v. Lua Chu and Uy Se Tieng, 56 Phil. Not a bar to the The accused must
44 (1931)] prosecution and be acquitted
conviction of the because the
In entrapment, a person has planned or is lawbreaker. offender simply acts
about to commit a crime and ways and means as a tool of the law
are resorted to by a public officer to trap and enforcers
catch the criminal. Entrapment is not a
defense. [REYES, Book 1] 2. PARDON BY OFFENDED PARTY
The law officers shall not be guilty to the crime Crimes of adultery and concubinage shall not
if they have done the following: be prosecuted except upon a complaint filed by
a. He does not induce a person to commit a the offended spouse. The offended party
crime for personal gain or is not involved in cannot institute criminal prosecution without
the planning of the crime. including both the guilty parties, if they are both
b. Does take the necessary steps to seize the alive, nor, in any case, if he shall have
instrument of the crime and to arrest the consented or pardoned the offenders. [Art.
offenders before he obtained the profits in 344, RPC]
mind.
See: Art. 344 for detailed discussion.
Entrapment v. Instigation
Entrapment Instigation 3. OTHER ABSOLUTORY CAUSES
As to Nature
Ways and means The instigator [DALS-PARTS]
are resorted to for practically induces a. Death under exceptional circumstances
the purpose of the would-be [Art. 247, RPC]
trapping and accused into the b. Accessories in light felonies [Art. 16, RPC]
capturing the commission of the c. Light felonies not consummated [Art. 16,
lawbreaker in the offense and himself RPC]
execution of his becomes a co- d. Spontaneous desistance [Art. 6, RPC]
criminal plan principal. e. Prescription of crimes [Art. 89, RPC]
As to Origin of the Crime f. Accessories exempt under Art. 20 [Art. 20,
The means originate The law enforcer RPC]
from the mind of the conceives the g. Exemptions from criminal liability for cases
criminal. commission of the of theft, swindling and malicious mischief,
crime and suggests by virtue of his Relationship to the offended
to the accused who party. [Art. 332, RPC]
carries it into h. Trespass to dwelling to prevent serious
execution. harm to self [Art. 280, RPC]
As to Means
Page 64 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
i. Discovering secrets through Seizure of Rationale: Only natural persons can act
correspondence of the ward by their with personal malice or negligence.
guardian [Art. 219, RPC] Moreover, penalties such as substitution of
deprivation of liberty (subsidiary
3. Persons Liable and Degree of imprisonment) for pecuniary penalties in
case of insolvency, or destierro can only be
Participation executed against individuals.
Grave and Less Grave Felonies v. Light Art. 17. Principals – The following are
Felonies [Art. 16, RPC] considered principals:
1. Those who take a direct part in the
Grave and Light Felonies execution of the act;
Less Grave 2. Those who directly force or induce others
Felonies to commit it;
3. Those who cooperate in the commission
All participants Only principal and of the offense by another act without
(principal, accomplice are which it would not have been
accomplice, liable.
accomplished.
accessory) are
criminally liable.
Parties to a Crime
1. Active Subject – the offender (e.g.,
principal, accomplice, accessory)
Page 65 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 66 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 67 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 68 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Conspirators decide Accomplices merely NOTE: This must be with the consent
that a crime should assent to the plan of the principal, otherwise he is a
be committed and cooperate in its principal of theft [REYES, Book 1]
accomplishment
As to Authorship of the Crime b. Assisting the Offender to Profit by
Conspirators are the Accomplices are the Effects of the Crime - Knowingly
authors of a crime merely instruments receiving stolen property and selling it
who perform acts for the thief’s profit [US v. Galanco,
that are useful for, G.R. No. 4440 (1908)]
but not essential to, An accessory should not be in
the perpetration of conspiracy with the principal [US v. Tan
the offense, giving Tiap Co, G.R. No. 11643 (1916)]
material/moral aid
without conspiracy 2. Concealing/destroying the body of the
crime to prevent its discovery
Page 69 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 70 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 71 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 72 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 73 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 74 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 75 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
d. Accused has applied for probation. [Rule another offense; Penalty. - Besides the
120, Sec. 7, ROC] provisions of Rule 5 of Article 62, any person
who shall commit a felony after having been
Effect of the following:
convicted by final judgment, before
● Pardon on the first felony – the first
beginning to serve such sentence, or while
conviction is still counted to make him a
serving the same, shall be punished by the
recidivist, since pardon does not obliterate
maximum period of the penalty prescribed by
the fact of his prior conviction. [People v.
law for the new felony.
Lacao, Sr., G.R. No. 95320 (1991)]
● Amnesty on the first felony - his former
conviction would not be aggravating. Requisites [CBD]
According to Art. 89, amnesty extinguishes a. Convicted by final judgment of one offense.
not only the penalty but also its effects. [US b. Committed a new felony Before/During
v. Sotelo, G.R. No. L-9791 (1914)] service of such sentence. [Art. 160, RPC]
Page 76 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
he was again convicted of any of the said Rules in Counting Convictions [REYES,
crimes for the 2nd time Book 1]
c. After his conviction of, or after serving a. Convictions on the same day are counted
sentence for the second offense, he again as one.
committed, and, within 10 years from his b. Crimes committed on the same date,
last release or last conviction, he was again although convictions are on different dates,
convicted of any of said offenses, the 3rd are counted as one.
time or oftener. [Art. 62, RPC] c. Crime committed during the minority of the
offender is not considered.
NOTE: Computation of the 10-year period can d. Commission of any of the crime need not
start from either the conviction OR release of be consummated.
the accused in his previous crime and shall end
with the date of his conviction in the Required Allegations in Information
subsequent crime. [People v. Lacsamana, The information must contain dates of [PLO]:
G.R. No. L-46270 (1938)] a. Commission of Previous crimes
b. Last conviction or release
Coverage c. Other previous convictions or releases.
● It applies to all participants (e.g., [People v. Venus, G.R. No. 45141 (1936)]
principals, accomplices, accessories)
because it reveals persistence in them of NOTES:
the inclination to wrongdoing and of the ● Plea of guilty which fails to allege the dates
perversity of character that led them to of the commission of previous offences,
commit the previous crime. convictions, and of releases is not an
● It applies to any stage of the execution admission of habitual delinquency, but
(attempt, frustration, or consummation) recidivism. [People v. Masonson, G.R. No.
because subjectively, the offender reveals 45249 (1936)]
the same degree of depravity or perversity ● Failure to object admission of decision
as the one who commits a consummated showing dates of previous convictions
crime. cures the failure to allege said dates in the
Not An Ex Post Facto Law information. [People v. Nava, C.A., 58 O.G.
The imposition of the additional penalty on 4750]
habitual delinquents are not unconstitutional
because such law is neither an ex post facto Penalties [REYES, Book 1]
law nor an additional punishment for future Nth
Penalty Plus
crimes. It is simply a punishment on future Conviction
crimes on account of the criminal propensities prision
of the accused. [People v. Montera, G.R. No. correccional
L-34431 (1931)] 3rd
(med. and
max. periods)
Recidivism Inherent in Habitual Prescribed prision mayor
Delinquency 4th penalty on (min. and
A habitual delinquent is necessarily a recidivist. the last med. periods)
In penalizing him, the aggravating crime prision mayor
circumstance of recidivism has to be taken into (max. period)
account. However, for the purpose of fixing the 5th and
to reclusion
additional penalty, recidivism cannot be taken succeeding
temporal (min.
as an aggravating circumstance for the reason period)
that it is inherent in habitual delinquency.
[People v. Tolentino, G.R. No. L-48740 (1942)]
Page 77 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Limitation: 30 years. In no case shall the total The imposition of such additional penalties is
of the 2 penalties imposed upon the offender mandatory and is not discretionary.
exceed 30 years
Page 78 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 79 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
3. Death Penalty, unless Congress provides imprisonment in case of inability to pay the
for it for heinous crimes fine. [REYES, Book 1]
Page 80 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 81 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 82 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 83 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 84 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
AM No. 15-08-02-SC, in rel. to sec. 3 of R.A. or within the 25-250 km. radius specified. [Art.
9346. 87, RPC]
Conditions Effect
Convicted of offense Ineligible for parole Although destierro does not constitute
punished with or under Indeterminate imprisonment, it is still a deprivation of liberty.
reduced to reclusion Sentence Law Art. 29 of the RPC applies when the penalty is
perpetua (ISLAW) destierro. [People vs. Bastasa, G.R. No. L-
When death penalty No need to use 32792 (1979) as cited in REYES Book 1]
is not warranted qualification of
“without eligibility for Penalties Common to Afflictive,
parole” as convicted Correctional, and Light Penalties
persons penalized 1. Fines
with an indivisible Classification of Penalties
penalty are not [Art. 26, RPC, as amended by Sec. 2, RA
eligible for parole 10951]
When death penalty Must use Afflictive More than Php1,200,000
is warranted, if not qualification “without Php40,000 to
Correctional
for R.A. 9346 eligibility for parole” Php1,200,000
to qualify reclusion Light Below Php40,000
perpetua and to
emphasize that the Classification of Penalty
accused should Art. 26 merely classifies fine and has nothing to
have been do with the definition of offenses. Hence, Art. 9
sentenced to suffer should prevail over Art. 26 where the
the death penalty if prescription of a crime and not the prescription
not for R.A. 9346. of a penalty is the question. [People v. Yu Hai,
G.R. No. L-9598 (1956), cited in REYES, Book
3. Destierro 1].
Page 85 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
frustrated/attempted felonies. [Arts. 50-57, b. Light penalties - not more than 30 days
RPC] for light penalties. [see Art. 35, RPC;
REYES, Book 1]
If it is necessary to increase/reduce the penalty
of fine by 1 or more degrees it shall be Duration
increased/reduced respectively or each degree The bond to keep the peace shall be required
by one-fourth (¼) of the maximum to cover such period of time as the court may
prescribed amount by law without changing determine. [Art. 27, RPC, as amended by R.A.
the minimum. This shall also be observed with 7659 as cited in REYES, Book 1]
fines that are made proportional. [Art. 75, RPC]
Applicability
This does not apply when there is no minimum General Rule: Since according to Art. 21 no
amount fixed by law, in which case the amount felony shall be punishable by any penalty not
imposed is left to the sound discretion of the prescribed by law prior to its commission, and
courts. [People v. Quinto, G.R. No. L-40934 bond to keep the peace is not specifically
(1934)] provided for by the Code for any felony, that
penalty cannot be imposed by the court.
Fine with Minimum vs. Fine Without [REYES, Book 1]
Maximum [REYES, Book 1]
Fine With Fine Without Exception: Bond to keep the peace is
Minimum Minimum required of a person making a grave or light
As to What Fixes the Maximum threat. [Art. 284, RPC as cited in REYES, Book
In both, the law fixes the maximum of the fine 1]
As to the Court Imposing the Minimum
The Court cannot The Court can Bond to Keep Peace v. Bail Bond [REYES,
change the impose any amount Book 1]
minimum not exceeding the Bond to Keep the
Bail Bond
maximum Peace
When Court Also Fixed the Maximum As to Purpose/Applicability
The Court can The Court cannot Penalty for offense Posted for
impose an amount impose an amount of grave/light threat provisional release
higher than the higher than the of a person
maximum maximum arrested/accused of
a crime
2. Bond to Keep Peace
Termination of Parental Authority
Effect of Penalty: [2SDD] Unless subsequently revived by a final
1. Offender must present two (2) sureties who judgment, parental authority also terminates
shall undertake that the offender will not [Art. 229, RPC]:
commit the offense sought to be prevented 1. Upon judicial declaration of abandonment
and that they will pay a court-determined of the child in a case filed for the purpose;
amount if said offense be committed. or
2. Offender must Deposit amount to the clerk 2. Upon final judgment of a competent court
of court. divesting the party concerned of parental
3. Offender must be Detained if he cannot give authority; xxx
the bond.
a. Grave/less grave felonies - not more d. Application
than 6 months
Page 86 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 87 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 88 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 89 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 90 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 91 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 92 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 93 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
3. Composed of Three Periods "# %&'() − (, %&'() '-. " .'% − " .'%)
=
0
Rules for the Application of Penalties "#%&'() − (, %&'())
=
Containing Three Periods [Art. 64, RPC] 0
Scenario Effect 1 = # %&'()
No AC; No Imposed in its medium
2. For the minima and maxima of the minimum,
MC period.
medium, and maximum periods, use the
1 MC; No AC Imposed in its minimum
following formulae:
period.
1 AC; No MC Imposed in its maximum
Minimum Maximum
period. Min. !"#"!$! &' !"#"!$! &'
Both MC and Court shall reasonably 3 4
Perio ()*+,)"-*. (*#/0 ()*+,)"-*. (*#/012
AC present offset those of one class d +6
against the other according Med. !"#"!$! &' !"#"!$! &'
to their relative weight. Perio ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 :
2 or more Penalty next lower in d +6 −9 ./2
MC; No AC degree to that prescribed +;6
by law, in the period that it Max. !"#"!$! &' !"#"!$! &'
may deem applicable, Perio ()*+,)"-*. (*#/01 7()*+,)"-*. (*#/012 :
d +;6 −9 ./2
according to the number
+<6
and nature of such
circumstances [RPC, Art.
64] Using the example of prision mayor, with X = 2
years as computed in Step 1, and applying
2 or more Imposed in its maximum
these numbers to the formulae in the above
AC; No MC period.
table, we have:
NOTE: In imposing the maximum period, the
Minimum Maximum
Court must specify its justification for so Min. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2
imposing. By not specifying the justification for Period 9 ./2 − 9 ./2 )
imposing the ceiling of the period of the + ; 2*/)+
imposable penalty, the fixing of the Med. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2
indeterminate sentence became arbitrary, or Period 9 ./2 − 9 ./2 )
whimsical, or capricious [Ladines v. People, +(; 2*/)+) + ;(; 2*/)+)
G.R. No. 167333 (2016)]. Max. = 2*/)+ /#. (= 2*/)+ /#. 9 ./2
Period 9 ./2 − 9 ./2 )
+;(; 2*/)+) + <(; 2*/)+)
4. Not Composed of Three Periods
Page 94 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 95 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 96 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
For Public Office, Profession or Calling [Art. Effects [Art. 34, RPC]
31, RPC] Deprivation of the following rights: [PAG-MA-
1. Deprivation of the office, employment, MAP]
profession or calling affected; and 1. Parental Authority
2. Disqualification for holding similar offices or 2. Guardianship over the ward, either as to the
employments during the period of person or property of any ward
disqualification. 3. Marital Authority
Page 97 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 98 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
Page 99 of 286
U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW
When Judgment Becomes Final Exception: If the nature of the penalties (e.g.
General Rule: No penalty shall be executed deprivation of liberty) does not permit
except by virtue of a final judgment. [Art. 78, simultaneous service, the order of their
RPC] A judgment becomes final after the lapse respective severity shall be followed. [Art. 70,
of the period for perfecting an appeal. [Rule RPC]
120, Sec. 7, ROC]
Deprivation of Liberty
Exception: If the defendant has expressly Penalties consisting in deprivation of liberty
waived in writing his right to appeal or when cannot be served simultaneously by reason of
accused applied for probation. [Rule 120, Sec. the nature of such penalties. [In re: Pete
7, ROC] Lagran, G.R. No. 147270 (2001)]
Basis of Duration of Penalties and 1 day, plus a fine of PI,000, with subsidiary
1. Duration of perpetual penalties (pena imprisonment in case of insolvency. After
perpetua) - shall be computed at thirty (30) serving 18 months and 3 days in prison, B filed
years. [Art. 70, RPC] a petition for habeas corpus, contending that
2. Duration of the sentence refers to several applying the three-fold rule, he cannot be made
penalties for different offenses not yet to serve more time. In deciding the case, the
served out, but only when the convict must SC ruled that the subsidiary imprisonment for
serve continuous imprisonment for several nonpayment of the fine cannot be eliminated so
offenses long as the principal penalty is not higher than
a. If sentence for one offense was already 6 years of imprisonment even if he already
served, that imprisonment will not be served three-fold of the most severe penalty.
considered for the purpose of the three-
fold rule if after release he commits again Applying said rule, if petitioner would not be
and is convicted of new offenses. able to pay the fine, the maximum duration of
b. Only penalties not yet served out can be his imprisonment shall be 18 months and 3
served simultaneously. [REYES, Book 1] days of the principal penalty plus 6 months and
3. If sentence is indeterminate, basis of 1 day of subsidiary imprisonment for failure to
duration is the maximum term of the pay the fine, or a total of 2 years and 4 days.
sentence. [People v. Desierto, C.A., 45 O.G. [Bagtas vs. Director of Prisons, 84 Phil. 692,
4532, cited in REYES, Book 1] 698 (1949)]
4. “The most severe penalty” – includes equal
penalties, such as when sentenced to Not “Imposition of Penalty,” but “Service”
multiple cases of the same offense [Aspra Court must impose all the penalties for all the
v. Dir. of Prisons, 85 Phil. 737, 738, cited in crimes of which the accused is found guilty, but
REYES, Book 1] in the service of the same, they shall not
exceed three times the most severe and shall
Applicability of Rule not exceed 40 years – three fold maximum
This rule only applies when the convict has to penalty. [Mejorada v. Sandiganbayan, G.R.
serve at least four (4) sentences and cannot Nos. L-51065-72 (1987)]
exceed three-fold the most severe. If only 2 or
3 penalties corresponding to different crimes b. Probation Law [P.D. 968, as
committed by the convict are imposed, it is not amended by R.A. 10707]
possible to apply the three-fold rule [REYES,
Book 1]. Definition of Terms [Sec. 3, P.D. 986]
1. Probation – a disposition under which a
Subsidiary Imprisonment defendant, after conviction and sentence, is
The three-fold rule does not preclude released subject to conditions imposed by
subsidiary imprisonment for failure to pay a the court and to the supervision of a
fine, provided that the principal penalty does probation officer.
not exceed 6 years. The provision of Art. 70 2. Probationer – person placed on probation
that "no other penalty to which he may be liable 3. Probation officer – one who investigates
shall be inflicted after the sum total of those for the court a referral for probation or
imposed equals the said maximum period," supervises a probationer or both.
only means that the convict shall not serve the
excess over the maximum of three-fold the Nature
most severe penalty. Probation Law is not a penal statute. Courts
have no authority to invoke a liberal
Illustration: interpretation of it in this case as its words
“B” was found guilty in 17 criminal cases, the leave no room for doubt or interpretation.
most severe penalty imposed was 6 months
[Llamado v. CA and Gaw, G.R. No. 84850 b. Grant, Manner and Conditions [Sec. 4,
(1989)] R.A. 10707]
1. Application for Probation - defendant
Probation is not a right but a privilege subject must file an application for probation within
to the discretion of the court. The discretion is the period for appeal.
exercised primarily for the benefit of society as
a whole and only secondarily for the personal Effect of filing of application – deemed as
advantage of the accused. [Amandy v. People, waiver of the right to appeal.
G.R. No. L-76258 (1988)]
2. Application shall not be entertained or
a. Applicability granted – if defendant has perfected the
Probation may be granted whether the appeal from the judgment of conviction.
sentence imposes a term of imprisonment or a
fine only. Exception: When a judgment of conviction
imposing a non-probationable penalty is
May be extended to children in conflict with appealed/reviewed and modified to a
the law probationable penalty, the defendant shall
After convicting and sentencing a child in be allowed to apply for probation based on
conflict with the law, and upon application at the modified decision before it becomes
any time, the court may place the child on final.
probation in lieu of service of his/her sentence
in account of his/her best interest. As such Sec. Note: Accused shall lose the benefit of
4, P.D. 968 is amended accordingly. [Sec. 42, probation should he seek a review of the
R.A. 9344] modified decision which already imposes a
probationable penalty.
Disqualified Offenders
1. Those sentenced to serve a max. term of 3. Filing of application based on modified
more than six (6) years. [Sec. 9(a), P.D. decision – application shall be filed in the
968] trial court where the judgment imposing a
2. Crimes against national security convicts non-probationable penalty was rendered or
[Sec. 9(b), P.D. 968] where such case has been re-raffled.
3. Those previously convicted by final
judgement of an offense punished by 4. If several defendants have taken further
imprisonment of more than six (6) months appeal –other defendants may apply for
and one (1) day and/or fine of more than probation by submitting a written application
one hundred thousand pesos (P1,000.00) and attaching thereto a certified true copy of
[Sec. 9(c), P.D. 968] the judgment of conviction.
4. Those who have been once in probation
under this Decree [Sec. 9(d), P.D. 968] Dimakuta Doctrine (Rules on Appeals)
5. Those who are already serving sentence at Appeal must be limited to the following
the time the substance provisions of this grounds:
Decree became applicable pursuant to 1. Appeal merely intended for the correction of
Section 33 hereof [Sec. 9(e), P.D. 968] the penalty imposed by the lower court,
6. Drug trafficker and pushers, regardless of which when corrected would entitle the
penalty imposed by court, cannot avail of accused to apply for probation; and
Probation Law privileges, as amended by 2. Appeal is merely intended to review the
the Comprehensive Dangerous Drugs Act crime for which the accused was convicted
of 2002. [Sec. 24. R.A. 9165] and that the accused should only be liable
to the lesser offense which is necessarily
included in the crime for which he was
originally convicted and the proper penalty An order placing defendant on "probation" is
imposable is within the probationable not a "sentence" but is rather in effect, a
period. [Dimakuta v. People, G.R. No. suspension of the imposition of sentence. It is
206513 (2015)] not a final judgment but is rather an
"interlocutory judgment." [Baclayon v. Mutia,
What Must be Averred in the Notice of G.R. No. L-59298 (1984) as cited in REYES,
Appeal Book 1]
1. That an earlier motion for reconsideration
was filed but was denied by the trial court; Criteria for Grant of Probation [Sec. 8, P.D.
2. That the appeal is only for reviewing the 968]
penalty imposed by the lower court or the The following should be considered in deciding
conviction should only be for a lesser crime to place an offender under probation: [AM-
necessarily included in the crime charged in ChEAP]
the information; and 1. Available institutional and community
3. That the accused-appellant is not seeking resources
acquittal of the conviction. [Dimakuta v. 2. Mental condition of the offender
People, G.R. No. 206513 (2015)] 3. Character,
4. Antecedent,
When Appeal Bars Grant of Probation 5. Environment,
1. When the accused is convicted by the trial 6. Physical condition of the offender
court of a crime where the penalty imposed
is within the probationable period or a fine, Reasons for Denying Probation [Sec. 8, P.D.
and the accused files a notice of appeal; 968]
and 1. The offender is in need of correctional
2. When the accused files a notice of appeal treatment best provided thru commitment to
which puts the merits of his conviction in an institution
issue, even if there is an alternative prayer 2. There is undue risk that the offender will
for the correction of the penalty imposed by commit another offense during the
the trial court or for a conviction to a lesser probation period
crime, which is necessarily included in the 3. Probation will depreciate the seriousness of
crime in which he was convicted where the the offense committed
penalty is within the probationable period.
[Dimakuta v. People, G.R. No. 206513 Effects of Grant of Probation
(2015)] 1. The execution of sentence shall be
suspended for such period and upon such
NOTE: The Dimakuta decision was issued on terms and conditions as the trial court may
October 2015, but R.A. 10707—which deem best [Sec. 4, P.D. 968]
amended the Probation Law—was signed into 2. Probation does not extinguish civil liability,
law on November 2015. as it only affects the criminal aspect of the
case. [Budlong v. Apalisok, G.R. No. L-
c. Grant of Probation 60151 (1983) as cited in REYES, Book 1]
3. Accessory penalties are deemed
Discretion of the Court suspended [Baclayon vs. Mutia, G.R. No. L-
Even if a convicted person falls within the 59298 (1984), cited in REYES, Book 1]
classes of those qualified for probation, the
grant of probation is not automatic or NOTE: An order granting or denying probation
ministerial. [Amandy vs. People, G.R. No. L- shall not be appealable [Sec. 4 P.D. 968]
76258 (1988), as cited in REYES, Book 1]
Conditions of Probation [Sec. 10, P.D. 968] violation of the conditions of the probation.
1. Mandatory Conditions. Probation orders Once arrested and detained, probationer shall
shall contain conditions requiring be brought to court for a hearing of the violation
probationer to: charged. The defendant may be admitted to
a. Present himself to his supervising bail pending such hearing.
probation officer at the place specified in
the order within 72 hours from receipt of Additionally, it must be noted that:
said order; and 1. The violation of the conditions of probation
b. Report to the probation officer at least must be serious to justify the issuance of a
once a month at the time and place warrant of arrest.
specified by said officer. 2. Defendant may be admitted to bail pending
hearing.
2. Discretionary Conditions. The two ● Hearing is summary in nature, but the
conditions above are mandatory conditions; probationer shall have the right to be
the rest in sec. 10 are discretionary informed of the violation charged and to
conditions (e.g. cooperate with a program of adduce evidence in his favor.
supervision; meet his family responsibilities; 3. Court is not bound by the technical rules of
or devote himself to a specific employment). evidence.
Moreover, the conditions enumerated under 4. If the violation is established, the court may
Sec. 10 are not exhaustive. The courts are revoke or continue his probation and modify
allowed to impose practically any term it the conditions.
chooses, the only limitation being that it 5. If revoked, the court shall order the
does not jeopardize the constitutional rights probationer to serve the sentence originally
of the accused. [Salgado v. CA, et al., G.R. imposed.
No. 89606 (1990)] 6. The order revoking the grant of probation or
modifying the term and conditions thereof is
Period of Probation [Sec. 14, P.D. 968] not appealable. [REYES, Book 1]
Scenario Duration
When sentenced to Probation shall not e. Termination of Probation
imprisonment of not exceed 2 years
more than 1 year Order of Final Discharge [Sec. 16, R.A.
When sentenced to Shall not exceed 6 10707]
more than 1 year years An order of final discharge of the probationer
When sentenced to Shall be twice the shall be issued by the Court:
a fine and made to total days of 1. After the period of probation; and
suffer subsidiary subsidiary 2. Upon consideration of the report and
imprisonment imprisonment recommendation of the probation officer,
upon finding that probationer fulfilled the
d. Violation of Probation Order terms and conditions of his probation
Upon the failure of the probationer to comply NOTE: The probationer and the probation
with any of the conditions prescribed in the officer shall each be furnished with a copy of
order, or upon his commission of another such order.
offense, he shall serve the penalty imposed for
the offense under which he was placed on
probation [REYES, Book 1].
Effect of Final Discharge [Sec. 16, R.A. Librado, A.M. P-94- convicted offense,
10707] 1089 (1996)] that is, it abolishes or
The final discharge of the probationer shall forgives the
operate to: punishment.
1. Restore to him all civil rights lost or [REYES, Book 1 at
suspended as a result of his conviction; and 843]
2. Totally extinguish his criminal liability as to Granting Authority
the offense for which probation was by the Court Chief Executive
granted. [Sec. 10, R.A. [U.S. vs. Guarin, 30
10707] Phil. 85, 87, as cited
Termination of Period, not the same as in REYES, Book 1]
Expiration of Probation Period Effect on Accessory Penalties
The expiration of the probation period alone Accessory penalties A pardon shall not
does not automatically terminate probation; are deemed work the restoration
probation is not coterminous with its period. suspended once of the right to hold
There must first be an order of final discharge probation is granted. public office, or the
issued by the court, based on the report and [Baclayon v. Mutia, right of suffrage,
recommendation of the probation officer. [Bala No. L-59298 (1984) unless such rights be
v. Martinez, G.R. No. 67301 (1990)] as cited in REYES, expressly restored
Book 1] by the terms of the
f. Probation v. Pardon pardon.
(c) abandoned/neglected, or (e) abuse. G.R. No. 169641 (2009), citing People v.
[Sec. 4(d), R.A. 9344] Calpito, G.R. No. 123298, (2003)]
3. Child in Conflict with the Law (CICL) -
Refers to a child who is alleged as, accused Proof of Age
of, or adjudged as, having committed an The age of the child shall be determined
offense under Philippine laws. [Sec. 4(e), according to the rules established by Section 7
R.A. 9344] of R.A. 9344:
1. Best evidence is an original or certified true
Offenses Contemplated under R.A. 9344 copy of certificate of live birth
1. Offenses – any act or omission whether 2. In its absence, similar authentic documents
punishable under special laws or the such as baptismal certificates and school
Revised Penal Code, as amended. [Sec. records showing the date of birth may be
4(o), R.A. 9344] used
2. Status Offenses - refers to offenses which 3. In the absence of documents under 1 and 2
discriminate only against a child, while an due to loss, destruction or unavailability, the
adult does not suffer any penalty for testimony of the child, a member of the
committing similar acts (i.e. curfew family related by affinity or consanguinity, of
violations; truancy, parental disobedience other persons, the physical appearance of
and the like) [Sec. 4(r), R.A. 9344] the child, or other relevant evidence shall
3. Victimless Crimes – offense where there is suffice.
no private offended party [Sec. 4(u), R.A.
9344] The person alleging the age of the child in
conflict with the law has the burden to prove
Offenses Not Applicable to Children [Sec. such age. In all cases involving a child, the
58, R.A. 9344] court shall make a categorical finding as to the
Persons below eighteen (18) years of age shall age of the child. [Sec. 7, R.A. 9344]
be exempt from prosecution for the crime of:
1. Prostitution [Art. 202, RPC] b. Intervention Program
2. Mendicancy [P.D. 1563] Intervention
3. Sniffing of rugby [P.D. 1619] Refers to a series of activities which are
designed to address issues that caused the
Such prosecution being inconsistent with the child to commit an offense. It may take the form
United Nations Convention on the Rights of the of an individualized treatment program which
Child. However, said persons shall undergo may include counseling, skills training,
appropriate counseling and treatment program. education, and other activities that will enhance
his/her psychological, emotional and psycho-
Determination of Age [Sec. 7, R.A. 9344] social well-being. [Sec. 4(l), R.A. 9344]
Presumption of Minority: There is a
presumption of minority. S/he shall enjoy all the
rights of a child in conflict with the law until s/he Community-based Programs on Juvenile
is proven to be 18 years old or older. Justice and Welfare
Community-based programs on juvenile justice
In assessing the attendance of the mitigating and welfare shall be instituted by the LGUs
circumstance of minority, all doubts should be through the LCPC, school, youth organizations
resolved in favor of the accused, it being more and other concerned agencies.
beneficial to the latter. [People v. Sarcia, G.R.
No. 169641 (2009)]. In fact, in several cases, The LGUs shall provide community–based
this Court has appreciated this circumstance services which respond to the special needs,
on the basis of a lone declaration of the problems, interests and concerns of children
accused regarding his age. [People v. Sarcia,
and which offer appropriate counselling and abandoned, neglected or abused by his
guidance to them and their families. parents, or in the event that the parents will
not comply with the prevention program, the
These programs shall consist of three levels: proper petition for involuntary commitment
1. Primary intervention - includes general shall be filed by the DSWD or the LSWD
measures to promote social justice and pursuant to P.D. 603 (The Child and Youth
equal opportunity, which tackle perceived Welfare Code).
root causes of offending;
2. Secondary intervention - includes c. Diversion
measures to assist children at risk; and
3. Tertiary intervention - includes measures Diversion Program
to avoid unnecessary contact with the Program that the child in conflict with the law is
formal justice system and other measures to required to undergo after he/she is found
prevent re-offending. [Sec. 19, R.A. 9344] responsible for an offense, without resorting to
formal court proceedings. [Sec. 4(j), R.A. 9344]
When Applied
If it has been determined that the child taken When Applied
into custody is fifteen (15) years old or below If the child is over fifteen (15) years old but
[Sec. 20, R.A. 9344]. below eighteen (18) years old and the child
acted with discernment [REYES, Book 1].
Duty of Authorities [Sec. 20, R.A. 9344]
The authority which will have an initial contact Also, the maximum penalty for the offense the
with the child has the duty to: CICL is charged with, should be imprisonment
1. Immediately release the child to the custody of not more than twelve (12) years, regardless
of his/her parents or guardian, or in the of the fine or fine alone regardless of the
absence thereof, the child’s nearest amount. In such case, before arraignment of
relative. the child in conflict with the law, the court shall
determine whether or not diversion is
Exception: If the parents, guardians or appropriate. [Sec. 37, R.A. 9344]
nearest relatives cannot be located, or if
they refuse to take custody, the child may be System of Diversion [Sec. 23, R.A. 9344]
released to a: Children in conflict with law shall undergo
i. Duly registered nongovernmental or diversion programs without undergoing court
religious organization; proceedings subject to the conditions herein
ii. Barangay official or a member of provided:
Barangay Council for the Protection of 1. Where the imposable penalty for the
Children (BCPC); or crime committed is not more than six (6)
iii. Local social welfare and development years imprisonment
officer; or when and where appropriate, a. The law enforcement officer or Punong
the DSWD. Barangay, with the assistance of the
local social welfare and development
In such case, authorities shall give notice to officer or other members of the LCPC,
the local social welfare and development shall conduct mediation, family
officer who will determine the appropriate conferencing and conciliation
programs in consultation with the child and b. Where appropriate, indigenous modes of
to the person having custody over the child. conflict resolution are adopted in
accordance with the best interest of the
2. If the child referred to herein has been found child with a view to accomplishing the
by the Local Social Welfare and objectives of restorative justice and the
Development Office (LSWD) to be formulation of a diversion program.
2. If it finds that the objective of the disposition The Court shall suspend
measures have been fulfilled. the proceedings and order
At the time
his confinement in a
of the trial
The discharge of the child in conflict with the hospital until he recovers
law shall not affect the civil liability resulting his reason.
from the commission of the offense, which shall Execution is suspended
be enforced in accordance with law. with regard to the personal
penalty only. If he recovers
At the time
Return of the Child in Conflict with the Law his reason, his sentence
of final
to Court [Sec. 40, R.A. 9344] shall be executed, unless
judgment or
In the following cases, the child in conflict with the penalty has prescribed.
while serving
the law shall be brought before the court for
sentence
execution of judgment: Payment of his civil or
1. If the court finds that the objective of the pecuniary liabilities shall
disposition measures imposed upon the not be suspended.
CICL have not been fulfilled; or [REYES, Book 1]
2. If the CICL has willfully failed to comply with
the conditions of his/her disposition or b. Minors
rehabilitation program.
Court shall determine the civil liability of a guilty
Credit in Service of Sentence child under eighteen (18) y/o. Instead of
The CICL shall be credited in the services of convicting the child, the court shall place the
his/her sentence with the full time spent in CICL under suspended sentence. Suspension
actual commitment and detention under R.A. of sentence shall be applied even if the juvenile
9344. [Sec. 41, R.A. 9344] is already 18 years of age or more at the time
of the pronouncement of his/her guilt. [Sec. 38,
d. Republic Act No. 10951 R.A. 9344].
The Act adjusts the value of property and See: Previous discussion of the Juvenile
damage on which a penalty is based and the Justice and Welfare Act.
fines imposed under the RPC. Under this Act
are adjustment on several children-related Rules as to First-Time Minor Offenders
felonies, namely Art. 277 and Art. 278. 1. If the minor first-time offender complies
with the imposed rules, regulation, and
NOTE: Changes in relevant provisions are conditions of suspended sentence - the
already integrated in prior discussions (e.g., Court upon favorable recommendation from
amount of what constitutes light felonies under the Board, shall discharge the accused and
Art. 9). dismiss all proceedings. [Sec. 67, R.A.
9165]
Suspension in Case of Insanity or Minority a. The court will expunge all official records,
except confidential records retained by
a. Insane the DOJ; such orders shall be
confidential and will restore the accused
When Accused becomes Insane to his prior status before the case.
Scenario Effect b. Accused will not be held in
At the time He is exempt from criminal perjury/concealment/misrepresentation
of the liability. in failing to acknowledge the case or its
commission facts in any inquiry for any purpose.
of the crime 2. If the minor first-time offender violates
the rules, regulations, or conditions of
Circumstances when computation of period NOTE: The above are not applicable where the
is interrupted [RPC, Art. 91] special law provides for its own prescriptive
1. Upon filing of complaint or information period. [Sec. 1, Act No. 3326]
NOTE: If the culprit is captured but he General Rule: Death of the accused pending
evades the service of his sentence again, appeal of his conviction extinguishes his
the period of prescription that ran during the criminal liability as well as the civil liability
evasion is not forfeited. The period of based solely thereon.
prescription that has run in his favor should
be taken into account. [REYES, Book 1] Exception: Claim of civil liability survives
notwithstanding the death of the accused, if the
same may also be predicated on a source of Although pardon restores his eligibility for
obligation other than delict, such as law, appointment to that office, the pardoned
contracts, quasi-contracts and quasi-delicts. convict must reapply for a new appointment.
[People v. Bayotas, G.R. No. 102007 (1994)] [Monsanto v. Factoran, G.R. No. 78239
(1989)]
iv. By Service of Sentence
2. Culprit is not exempt from payment of civil
v. By Amnesty indemnity imposed upon him by the
sentence. [Art. 36, RPC]
An act of the sovereign power granting oblivion
or general pardon for a past offense. [Brown v. Limitations on Pardoning Power [ACNI]
Walker, 161 U.S. 602 (1896), cited in REYES, 1. Power can be exercised only After
Book 1] Conviction.
Erases not only the conviction but the crime Thus in applying for pardon, the convict
itself. [Art. 89, par. 3, RPC] must Not appeal the judgment of conviction
or the appeal must be abandoned.
It is granted to classes of persons or
communities who may be guilty of political 2. Power does not extend to cases of
offenses, generally before or after the Impeachment. [Cristobal v. Labrador, G.R.
institution of the criminal prosecution and No. 47941 (1940)]
sometimes after conviction. [People v. Casido,
G.R. No. 116512 (1997), citing Barrioquinto v. NOTE: The pardoning power of the President
Fernandez, G.R. No. L-1278 (1949)] cannot be limited by legislative action. Arts. 36-
41 only operates as a procedural proscription.
vi. By Absolute Pardon [Risos-Vidal v. COMELEC and Estrada, G.R.
No. 206666 (2015)]
Pardon
It is an act of grace, proceeding from the power Amnesty v. Absolute Pardon
entrusted with the execution of the laws. It Amnesty Absolute Pardon
exempts the individual from the penalty of the As to Scope
crime he has committed. [REYES, Book 1] Blanket pardon to
Includes any crime
classes of persons
Absolute pardon and is exercised
guilty of political
individually
The total extinction of the criminal liability of the offenses
individual to whom it is granted without any As to Time of Exercise
condition. It restores to the individual his civil May still be
and political rights and remits the penalty Person is already
exercised before
imposed for the particular offense of which he convicted
trial or investigation
was convicted. [Sec. 2(q), Revised Rules and As to Nature
Regulations of the Board of Pardons and Looks forward. He is
Parole] relieved from the
Looks backward. It consequences of the
Other Effects of Pardon is as if he has offense, but rights
1. Does not work the restoration of the right to committed no are not restored
hold public office or the right of suffrage, offense. unless explicitly
unless such rights be expressly restored by provided by the
the terms of the pardon. [Art. 36, RPC] terms of the pardon.
As to Burden of Proof
Special time allowance for loyalty applies to Civil liability arising from an offense, however,
any prisoner whether undergoing preventive may be the subject of compromise. Such
imprisonment or serving sentence. [Art. 98 compromise shall not extinguish the imposition
RPC as amended by R.A. 10592] of the legal penalty. [Art. 2034, New Civil Code]
case of his death or incapacity, the mother is persons unless committed by the innkeeper's
responsible for damages caused by the minor employees. [Art. 102, RPC]
children who live in their company.” [REYES,
Book 1] Elements under Paragraph 1
a. Innkeeper, tavernkeeper, or proprietor of
Exception: Parents/guardians can avoid civil establishment or his employee must have
liability by proving that there was no fault or committed a violation of municipal
negligence on their part. [REYES, Book 1] ordinance or some general or special police
regulation.
Civil Liability of Guardians b. Crime was committed in such inn, tavern or
The persons having the insane or minor under establishment.
their legal authority or control are primarily c. The person criminally liable is insolvent.
liable to pay the civil liability. If it is proven that
there was no fault or negligence on their part, Elements under Paragraph 2
those exempted from the crime shall respond a. Guests notified the innkeeper or the person
with their own property not exempt from representing him of the deposit of their
execution. [Art. 2180(3), CC.] goods within the inn or house, in advance.
b. The guest followed the directions of the
ii. State of Necessity innkeeper or his representative with respect
to the care of the vigilance over such goods.
There is no civil liability in justifying c. Such goods of the guests lodging therein
circumstances except in par. 4 of Art. 11 (state were taken by robbery with force upon
of necessity), wherein the person who was things or theft committed within the inn or
benefited by the act which causes damage to house.
another is the one civilly liable. [Tan v.
Standard Vacuum Oil, G.R. No. L-4160 (1952)] f. Subsidiary Liability of Other
Persons
iii. Irresistible Force and
Uncontrollable Fear Subsidiary liability shall also apply to
employers, teachers, persons, and
The persons using violence or causing the fear corporations engaged in any kind of industry
are primarily liable. If there be no such persons, for felonies committed by their servants, pupils,
those doing the act shall be liable secondarily. workmen, apprentices, or employees in the
[REYES, Book 1] discharge of their duties [Art. 103, RPC].
iv. Innkeepers and Similar Persons Elements: [ETPC SePWA INSaC]
1. Employer, Teacher, Person or Corporation
General Rule: Innkeepers, tavernkeepers, and is engaged in any kind of industry.
any other persons or corporations shall be 2. Any of their Servants, Pupils, Workmen,
civilly liable for crimes committed in their Apprentices or employees commits a felony
establishments in the following cases: while in the discharge of his duties.
1. In default of the persons criminally 3. The said employee is Insolvent and has Not
liable Satisfied his civil liability.
2. For the restitution of goods taken by 4. Employee was Convicted in a criminal
robbery or theft within their houses action.
from guests lodging therein.
How Enforced
Exception: No liability shall attach in case of There must be a motion for subsidiary writ of
robbery with violence against or intimidation of execution against the employer and upon proof
NOTES:
a. Private persons without business or industry
are not subsidiarily liable but may be
primarily liable under culpa aquiliana.
[Steinmetz v. Valdez, G.R. No. 47655
(1941) cited in Reyes, Book 1]
b. Employer has the right to take part in the
defense of his employee. [Miranda v. Malate
Garage & Taxicab, G.R. No. L-8943 (1956)]
CRIMINAL LAW II
CRIMINAL LAW
b. Temporary – obligation of fidelity and Two Ways of Proving Treason [Art. 114,
obedience which a resident alien owes to par.2, RPC]
his government. 1. Testimony of at least two witnesses to the
same overt act; or
Adherence 2. Confession of accused in open court.
An intent to betray; when a citizen intellectually
or emotionally favors the enemy and harbors The Two-Witness Rule
sympathies or convictions. [Cramer v. US, 65 The testimony of two witnesses is required to
Sup. Ct. 918 (1945)] prove the overt act of giving aid or comfort,
but it is not necessary to prove adherence.
Aid or Comfort Each of the witnesses must testify to the whole
An act which strengthens or tends to overt act; or if it is separable, there must be two
strengthen the enemy and an act which witnesses to each part of the overt act. [People
weakens or tends to weaken the power of the v. Escleto, G.R. No. L-1006 (1949)]
traitor’s country to resist or to attack the enemy.
[Cramer v. US, supra] Adherence may be proved [ONC]:
1. By One witness;
5. The overt act of aid and comfort to the 2. From the Nature of the act itself; or
enemy must be intentional. [Id.] 3. From the Circumstances surrounding the
act. [People v. Adriano, G.R. No. L-477
Acts not constituting treason (1947)]
6. “Commandeering" of women to satisfy the
lust of Japanese officers or men or to Aggravating Circumstances
enliven the entertainments held in their Aggravating Circumstances
honor. Sexual and social relations with the Not Allowable/
Japanese did not directly and materially Inherent
tend to improve their war efforts or to Allowable [ICAG]
Circumstances
weaken the power of the US. [People v. [EAT]
Perez, supra.] 1. Ignominy 1. Evident
7. Acceptance of public office and discharge of 2. Cruelty premeditation
official duties under the enemy [People v. 3. Amount or 2. Abuse of Superior
Sison, P.C. 42 O.G. 748] degree of aid strength
4. Gravity of 3. Treachery [People
As to the treatment of common crimes separate distinct v. Roble, G.R. No.
connected with the charge of Treason acts of treason L-433 (1949)]
General Rule: When the killings and other [REYES]
common crimes are charged as overt acts of
treason, they cannot be regarded: (a) as Defenses Against Treason
separate crimes, or (b) as complexed with Defenses against Treason
treason. Acceptable [DL] Unacceptable [SL]
1. Duress or 1. Suspended
Exception: The rule would not preclude the uncontrollable allegiance and
punishment of murder or other common fear [El Pueblo change in
crimes, if the prosecution should elect to de Filipinas v. sovereignty
prosecute the culprit specifically for these Bagalawis, [Laurel v. Misa,
crimes, instead of relying on them as an G.R. No. L-262 G.R. No. L-409
element of treason. [People v. Prieto, G.R. No. (1947)] (1947)]
L-399 (1948)] 2. Lawful 2. Loss of
obedience to a citizenship by the
Punishment
b. Article 115 – Conspiracy and ● Punishment imposed is as an accessory to
Proposal to Commit Treason treason.
● However, the offender is still a principal to
the crime of misprision of treason. Hence,
Elements
Art. 20 of the RPC which provides for
Conspiracy to Proposal to
accessories who are exempt from criminal
commit Treason commit Treason
liability does not apply in this case. [REYES]
[WaTLAD] [WOnLAP]
1. There is a War in which the Philippines is
Misprision of Treason v. Treason
involved
Misprision of
2. At least two 2. At least one
persons agree to: person decides to Treason Treason (Art. 114)
(Art. 116)
a. Levy war a. Levy war
against the against the As to the Offender
government; government; Offender is a Filipino Offender is a Filipino
or or Citizen or Resident alien
b. Adhere to the b. Adhere to the owing Allegiance to
enemies, enemies, the Government of the
giving them giving them Philippines
aid or comfort aid or comfort
Acts Punished
3. They decide to 3. That person What is punished is What is punished is
commit it proposes its the concealment or the act of:
execution to failure to disclose of a (1) levying war; or
other persons conspiracy to commit (2) adherence to the
treason enemy and the giving
of aid and comfort
The two-witness rule does not apply because Since the provision
this is a separate and distinct offense from that speaks only of
of treason. [US v. Bautista, G.R. No. L-2189 “knowledge of any
(1906)] conspiracy”, it
presupposes that the
c. Article 116 – Misprision of Treason crime of treason is
not yet consummated
Elements [CCC]: [REYES]
1. Offender is a Citizen of the Philippines As to the Penalty
2. He has knowledge of Conspiracy to commit
Penalty is equivalent Principal offender is
treason against the government
to that of an punished by prision
3. He Conceals or does not disclose and make
accessory to treason mayor to death and
known the same as soon as possible to the
shall pay a fine not to
governor or fiscal of the province in which
exceed P20,000
he resides, or the mayor or fiscal of the city
pesos
in which he resides
Elements [UPE]:
1. Offender performs Unlawful or unauthorized
acts
2. The acts:
Mutiny
Mutiny is usually committed by the other B. CRIMES AGAINST THE
members of the complement and may be FUNDAMENTAL LAWS OF THE
committed by the passengers of the vessel. STATE [ARTS. 124 - 133]
[REYES]
1. Chapter I: Arbitrary Detention or
Piracy v. Mutiny [REYES] Expulsion, Violation of Dwelling,
Piracy Mutiny
Prohibition, Interruption, and
As to the Attacker
Dissolution of Peaceful Meetings and
Persons who attack Persons who attack Crimes Against Religious Worship
the vessel or seize the vessel or seize
its cargo are its cargo are
SECTION 1 – ARBITRARY DETENTION OR
strangers to said members of the
EXPULSION
vessels crew or passengers
As to necessity of intent to gain
Intent to gain is Intent to gain is not a. Article 124 - Arbitrary Detention
essential essential. The
offenders may only Arbitrary Detention [Art. 124, RPC]
intend to ignore the Any public officer or employee who without
ship’s officers or legal grounds detains a person.
they may be
prompted by a Elements [PWD]:
desire to commit 1. Offender is a Public officer or employee
plunder. 2. He Detains a person
3. Detention is Without a legal ground;
detention is without legal ground if not made
j. Article 123 – Qualified Piracy under the following circumstances [CIA]:
a. Upon the Commission of a crime;
Qualifying Circumstances [B-FA-MHPR]: b. Violent Insanity; or
1. Whenever the vessel is seized by Boarding c. Any other Ailment requiring compulsory
or Firing upon the same; confinement of the patient in a hospital
[Art. 124, Par. 2, RPC]
o Witnesses - must be of sufficient age others, any petition to the authorities for
and discretion residing within the same the
locality [Rule 126, Sec. 8, Rules of Court] ▪ Correction of abuses; or
▪ Redress of grievances
Rationale: Search in the presence of
witnesses specified by the law is mandatory to Disturbance of a Municipal Council Meeting
ensure regularity in the execution of the search Interrupting and dissolving the meeting of a
warrant [People v. Gesmundo, G.R. No. 89373 municipal council by a public officer is a crime
(1993)] against a legislative body, which is in violation
of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R.
Crimes under Section Two - Violation of No. 18853 (1922)]
Domicile, Distinguished
SECTION 4 - CRIMES AGAINST RELIGIOUS
Search
WORSHIP
Warrants Searching
Violation of Maliciously Domicile
Domicile Obtained or Without i. Article 132 - Interruption of
(Art. 128) Abuse in its Witnesses Religious Worship
Service (Art. 130)
(Art. 129) Elements [PRD]:
1. Offender is a Public officer or employee
NO warrant A warrant is A warrant is 2. Religious ceremonies or manifestations of
is present. present, BUT: present, BUT any religion are about to take place or are
(1) warrant was there was a going on
maliciously defect in its 3. Offender prevents or disturbs the same
obtained; or (2) implementatio
there was n Qualifying circumstance:
abuse in its If the crime is committed with violence or
execution threats.
The person who There is no need that b. To prevent the national government or
proposes has decided the offender has any provincial or municipal government
to commit rebellion. decided to commit or any public officer from Exercising its or
rebellion. his functions, or prevent the execution of
an administrative order;
As to How Committed c. To Inflict any act of hate or revenge upon
The person who The act of inciting is the person or property of any public
proposes the done publicly. officer or employee;
execution of the crime d. To commit, for any political or social end,
uses secret means. any act of hate or Revenge against
private persons or any social classes; or
e. To Despoil for any political or social end,
g. Article 139 – Sedition any person, municipality or province, or
the national government of all its
Elements: [PFP - PEIRD] property or any part thereof.
1. Offenders rise Publicly and tumultuously;
2. Offenders employ Force, intimidation, or Use of Unlicensed Firearm Absorbed
other means outside of legal methods; Under R.A. 8294 (Act Amending PD No. 1866
3. Purpose is to attain any of the following or the Firearms Law), sedition absorbs the use
objects: of unlicensed firearm as an element thereof;
a. To prevent the Promulgation or hence, it is not an aggravating circumstance,
execution of any law or the holding of any and the offender can no longer be prosecuted
popular election; for illegal possession of firearm. [Boado,
Comprehensive Reviewer in Criminal Law]]
As to the Offender
2. The Aim of the 2. The person circumstance in Art. 14, no. 3 (rank). There
offender is to assaulted is a must be, however, intent to disregard the
attain any of the person in Authority victim’s rank. [BOADO]
purposes of the or his agent;
crime of rebellion 3. At the time of the b. Article 149 - Indirect Assaults
or any of the assault, the person
objects of the in authority or his Elements: (FAU)
crime of sedition agent is engaged in 1. A person in authority or his agent is the
the actual victim of any of the Forms of direct assault
NOTE: This is Performance of defined in Article 148;
tantamount to official duties, or 2. A person comes to the Aid of such authority
rebellion or sedition, that he is assaulted or his agent;
except that there is by reason of the 3. Offender makes Use of force or intimidation
no public uprising. past performance upon such person coming to the aid of the
of official duties authority or his agent.
4. Offender Knows
that the one he is NOTES: Indirect assault presupposes that
assaulting is a direct assault was committed.
person in authority
or his agent in the c. Article 150 - Disobedience to
exercise of his summons issued by the National
duties.
Assembly, its Committees or
3./5.There is No public uprising
Subcommittees, or divisions
Under Mode 2
Acts Punishable: [OSARI]
Classifications of direct assault [SQ]: Mode 1: By refusing, without legal
1. Simple assault.
excuse, to Obey summons of Congress, its
2. Qualified assault. special or standing committees and
subcommittees, the Constitutional
Qualifying Circumstances [WP-LH]: Commissions and its committees,
1. There is a Weapon employed in the attack subcommittees or divisions, or by any
2. The offender is a Public officer commission or committee chairman or member
3. The offender Lays Hands on a public authorized to summon witnesses;
authority
Mode 2: By refusing to be Sworn or placed
“Person-in-Authority” under affirmation while being before such
Any person directly vested with jurisdiction, legislative or constitutional body or official;
whether as an individual or as a member of
some court or governmental corporation, Mode 3: By refusing to Answer any legal
board, or commission, shall be deemed a inquiry or to produce any books, papers,
person in authority. documents, or records in his possession, when
required by them to do so in the exercise of
See: Article 152 for the enumeration of persons their functions;
in authority and agents of such persons in
authority Mode 4: By Restraining another from attending
as a witness in such legislative or constitutional
Public Officer Not in Authority body;
If the public officer is not a person in authority,
the assault on him is an aggravating
Examples:
1. Barrio Captain
means of publication, as news any False news Note: “Calculated to cause” should be “which
which may endanger the public order, or cause produces” alarm and danger according to the
damage to the interest or credit of the State. correct translation of the RPC. Hence, the
result, and not the intent, that counts. [REYES,
Mode 2: Encouraging Disobedience to the law Book 2]
or to the constituted authorities or praising,
justifying or extolling any act punished by law, d. Article 156 - Delivering Prisoners
by the same means or by words, utterances or from Jail
speeches.
Elements: [CR]
Mode 3: Maliciously publishing or causing to 1. There is a person Confined in a jail or penal
be published any official document or establishment; and
resolution without proper authority, or before 2. Offender Removes therefrom such person
they have been published officially. or helps the escape of such person.
3. In case of uttering such false or “Mutilation” means to take off part of the metal
counterfeited coins, he Connived with the either by filling it or substituting it for another
counterfeiters or importers. metal of inferior quality. [REYES, Book 2]
Kinds of Coins Covered by the Crime Foreign coins are not covered in this article.
1. Silver coins of the Philippines or coin of the [Id.]
Central Bank (CB);
2. Coins of minor coinage of the Philippines Elements of Importing or Uttering Mutilated
or CB; or Coins: [IC]
4. Coin of the currency of a foreign country 1. Offender Imported or uttered mutilated
[REYES, Book 2] coins; and
2. In case of uttering, the offender must have
“To utter” Connived with the mutilator or importer
To utter is to pass counterfeited coins. It
includes delivery or the act of giving them PD 247: Prohibiting and Penalizing
away. A counterfeited coin is uttered when it is Defacement, Mutilation, Tearing, Burning or
paid, when the offender is caught counting the Destruction of Central Bank Notes and
counterfeited coins preparatory to the act of Coins
delivering them, even though the utterer may It shall be unlawful for any person to willfully
not obtain the gain he intended [Decisions of deface, mutilate, tear, burn or destroy, in any
the Supreme Court of Spain] manner whatsoever, currency notes and coins
issued by the Central Bank of the Philippines.
To import is to bring into port
To import fake coins means to bring them into e. Article 165 – Selling of False or
port. The importation is complete before entry Mutilated Coin, without
at the Customs House. [US v. Lyman, 26 Fed. Connivance
Cas. 1024 (1818)]
Acts Punished:
Punishable regardless of whether or not it 1. Possession of coin, counterfeited or
is in official circulation
mutilated by another person, with intent to
The reason behind this is not only the harm that utter the same, knowing that it is false or
it may cause to the public in case it goes into mutilated; or
circulation again, but also the possibility that 2. Actually uttering such false or mutilated
the counterfeiter may later apply his trade to coin, knowing the same to be false or
the making of coins in actual circulation. mutilated.
[People v. Kong Leon, C.A., 48 O.G. 664]
Elements: [N-KUPo]
“Forging” – By giving any treasury or bank 1. Any treasury or bank Note or certificate or
note, or any instrument payable to bearer, or to other obligation and security:
order the appearance of a true and genuine a. There is an instrument payable to
document. [REYES, Book 2] bearer, to order or other document of
credit not payable to bearer;
“Falsification” – By erasing, substituting, b. Said instrument is forged or falsified by
counterfeiting or altering by any means, the another person;
figures, letters, words, or signs contained 2. Offender Knows that any of those
therein. [Id.] instruments is forged or falsified; and
3. He either –
When Payable to Bearer: [N.I.L.] a. Uses any of such forged or falsified
1. When expressed to be so payable instruments; or
2. When payable to a person named therein b. Possesses the same, with intent to use
or bearer
3. When payable to the order of a fictitious or Presumption of Material Author
non-existing person, and such fact was The rule is that if a person had in his
known to the person making it so payable possession a falsified document and he made
4. When the name of the payee does not use of it, taking advantage of it and profiting
purport to be the name of any person thereby, the presumption is that he is the
5. When the only or last endorsement is an material author of the falsification. [People v.
endorsement in blank. Sendaydiego, G.R. No. L-33254 (1978)]
relation to Art. 166 (1). [Del Rosario v. People, k. Article 171 – Falsification by Public
G.R. No. L-16806 (1961)] Officer, Employee or Notary or
Ecclesiastical Minister
How Forgery May be Committed
Forgery can be committed through the use of
Elements: [PAF - CApAUDMAI]
genuine paper bills that have been withdrawn 1. Offender is a Public officer, employee, or
from circulation, by giving them the notary public;
appearance of some other true and genuine
2. He takes Advantage of his official position;
document. [People v. Galano, C.A. 54 O.G. and
5899]
3. He Falsifies a document by committing any
of the following acts:
SECTION 4. FALSIFICATION OF
a. Counterfeiting or imitating any
LEGISLATIVE, PUBLIC, COMMERCIAL,
handwriting, signature or rubric;
AND PRIVATE DOCUMENTS AND
b. Causing it to Appear that persons have
WIRELESS, TELEGRAPH AND TELEPHONE
participated in any act or proceeding
MESSAGES
when they did not in fact so participate;
c. Attributing to persons who have
3. Acts of Falsification
participated in an act or proceeding
statements other than those in fact
j. Article 170 – Falsification of made by them;
Legislative Documents d. Making Untruthful statements in a
narration of facts;
Elements: [BAACh] e. Altering true Dates;
1. There is a Bill, resolution or ordinance f. Making any alteration or intercalation in
enacted or approved or pending approval a genuine document which changes its
by either House of the Legislature or any Meaning;
provincial board or municipal council; g. Issuing in an Authenticated form:
2. Offender Alters the same; ● A document purporting to be a
3. He has no proper Authority; and copy of an original document
4. Alteration has Changed the meaning of the when no such original exists,
documents. or
● Including in such a copy a
Falsification v. Forgery statement contrary to, or
Forgery [Art. 169] Falsification [Art. different from, that of the
170] genuine original; and
As used in Article The commission of h. Intercalating any instrument or note
169, forgery refers to any of the 8 acts relative to the issuance thereof in a
the falsification and mentioned in Article protocol, registry, or official book.
counterfeiting of 171 on legislative
treasury or bank (only the act if making Ecclesiastical Minister’s Liability
notes or any alteration) or public or The ecclesiastical minister is liable with respect
instruments payable official, commercial or to any record or document that its falsification
may affect the civil status of persons [REYES,
to bearer or to order private documents or
Book 2]].
wireless or telegraph
messages. Offender Takes Advantage of his Official
Position When:
1. He has the duty to make or prepare, or
intervene in the preparation of the
document; or
Date of Birth, Marriage and Death are Par. 8. Intercalating any instrument or note
Essential relative to the issuance thereof in a
The dates of birth, marriage and death are protocol, registry or official book.
essential, because without them the
documents "cannot produce any legal effect. Pars. 1 to 5 Pars. 6 to 8
[id.]
May be a genuine There must be a
Par. 6: Making any alteration or (later falsified) or an genuine document
intercalation in a genuine document which entirely fabricated
changes its meaning [Id.] document
Conditions which must concur in order for 2. In case an informant or witness under this
the person to enjoy Immunity from Act fails or refuses to testify without just
Prosecution: cause, and when lawfully obliged to do so,
[NN-CMC] or should he/she violate any condition
1. The information and testimony are accompanying such immunity as provided
Necessary for the conviction of the persons above.
described above;
2. Such information and testimony are Not yet NOTE: In case the informant or witness
in the possession of the State; referred to under this Act falls under the
3. Such information and testimony can be applicability of this Section hereof, such
Corroborated on its material points; individual cannot avail of the provisions under
4. the informant or witness has not been Article VIII of this Act (Program for Treatment
previously convicted of a crime involving and Rehabilitation of Drug Dependents). [Sec.
Moral turpitude, except when there is no 34(3), RA 9165]
other direct evidence available for the State
other than the information and testimony of CHAIN OF CUSTODY RULE [SEC. 21, R.A.
said informant or witness; and 9165, AS AMENDED BY RA 10640]
5. The informant or witness shall strictly and
faithfully Comply without delay, any Chain of Custody
condition or undertaking, reduced into The duly recorded authorized movements and
writing, lawfully imposed by the State as custody of seized drugs or controlled
further consideration for the grant of chemicals or plant sources of dangerous drugs
immunity from prosecution and or laboratory equipment of each stage, from
punishment. [Sec. 33(1-5), RA 9165] the time of seizure/confiscation, to receipt in
the forensic laboratory, to safekeeping, to
NOTE: The above provision operates in spite presentation in court for destruction.
of the provisions of Section 17, Rule 119 of the [Dangerous Drugs Board Resolution No. 1,
Revised Rules of Criminal Procedure and the Series of 2002, Implementing RA 9165, Sec.
provisions of Republic Act No. 6981 or the 1(b)]
Witness Protection, Security and Benefit Act of
1991 [Sec. 33, RA 9165] Procedure [Sec. 21, 9165, as amended by RA
10640]
Immunity may be Enjoyed by a Witness PDEA shall take charge and have custody of
Who Does Not Appear to be the Most Guilty all dangerous drugs, plant sources of DDs,
Immunity may be enjoyed by an informant or CPs and ECs, as well as
witness who does not appear to be most guilty instruments/paraphernalia and/or laboratory
for the offense with reference to which his/her equipment confiscated, seized and/or
information or testimony were given. surrendered, for proper disposition in the ff
manner: [PP-SCFI-BCP]
Provided, there is no direct evidence available
for the State except for the information and 1. Apprehending team having initial custody
testimony of the said informant or witness. [id.] shall conduct a physical Inventory of the
Termination of the Grant of Immunity seized items and Photograph the same in:
The immunity granted to the informant or a. The presence of the accused or the
witness shall not attach: [Sec. 34, RA 9165] person/s from whom such items were
1. Should it turn out subsequently that the confiscated and/or seized; or
information and/or testimony is false or b. His/her representative or counsel, with:
made only for the purpose of harassing or i. An elected public official; and
in any way prejudicing the persons ii. Representative of the National
described in the preceding Section. Prosecution Service or the
6. PDEA, within 24 hours, shall thereafter Rationale: suffices to rebut the presumption of
proceed with the destruction or burning of regularity in the performance of official duties,
the items, in the presence of the following: acquitting the accused from liability. [id.]
a. Accused or representative or counsel;
and PLEA BARGAINING
b. Representative from: Section 23 of Republic Act No. 9165 is
i. Media; declared unconstitutional for being contrary to
ii. DOJ, the rule-making authority of the Supreme Court
iii. Civil society groups; and [Estipona v. Lobrigo, G.R. No. 226679, (2017)]
iv. Any elected public official.
NOTE: The SC, in the exercise of its rule- d. Black jack, lucky nine, poker and its
making power, has issued OCA Circular 90- derivatives, monte, baccarat, cuajao,
2018 (May 4, 2018) to enjoin the courts to pangguingue and other card games;
comply with AM No. 18-03-16 (Adoption of the e. Paik que, high and low, mahjong,
Plea Bargaining Framework in Drugs Cases). domino and other games using plastic
tiles and the likes;
F. CRIMES AGAINST f. Slot machines, roulette, pinball and
other mechanical contraptions and
PUBLIC MORALS devices;
g. Dog racing, boat racing, car racing and
1. Chapter I: Gambling and other forms of races;
Betting h. Basketball, boxing, volleyball, bowling,
pingpong and other forms of individual
or team contests to include game
a. ANTI-GAMBLING LAW (PD. 1602 fixing, point shaving and other
as amended by RA 9287 [ANTI- machinations;
ILLEGAL NUMBERS GAMES i. Banking or percentage game, or any
LAW]) other game scheme, whether upon
chance or skill, wherein wagers
NOTE: Articles 195-199 of the RPC, R.A. 3063 consisting of money, articles of value or
(Horse racing Bookies), P.D. 449 representative of value are at stake or
(Cockfighting), P.D. 483 (Game Fixing), P.D. made;
510 (Slot Machines) in relation to Opinion Nos.
33 and 97 of the Ministry of Justice, P.D. 1306 2. Knowingly Permitting any form of gambling
(Jai-Alai Bookies) and other City and Municipal referred to in the preceding subparagraph
Ordinances or gambling which are inconsistent to be carried on in an inhabited or
with this decree are hereby repealed [Sec. 3, uninhabited place or in any building, vessel
PD 1602] or other means of transportation owned or
controlled by him.
Gambling
Gambling is any game or scheme, whether Qualifying Circumstance: If the place
upon chance or skill, wherein wagers where the illegal gambling is carried on has
consisting of money, articles or value or a reputation of a gambling place or that
representative of value are at stake or made prohibited gambling is frequently carried on
[REYES, Book 2] therein, or the place is a public or
government building or barangay hall, a
ACTS PUNISHED: [TaP-PoM-BaS] higher penalty will be imposed [Sec.
Note: Article 195, which enumerates the acts 1(a)(1), PD 1602]
punishable, has been wholly repealed by Sec.
1, PD 1602. 3. Possessing any lottery list, paper or other
matter containing letters, figures, signs or
1. Taking part, directly or indirectly, in any symbols pertaining to or in any manner
illegal or unauthorized activities or games used in the mentioned games of lotteries
of: and numbers which have taken place or
a. Cockfighting, jueteng, jai alai or horse about to take place, knowingly and without
racing to include bookie operations and lawful purpose in any hour of any day.
game fixing, numbers, bingo and other
forms of lotteries; 4. Maintaining or conducting above gambling
b. Cara y cruz, pompiang and the like; schemes.
c. 7-11 and any game using dice;
Conductor Lottery
A person who sets up and furnishes the It is a scheme for the distribution of prizes by
means with which to carry on the gambling chance among persons who have paid, or
game or scheme. [REYES, Book 2] agreed to pay, a valuable consideration for the
chance to obtain a prize [U.S. v. Filart, G.R. No.
Qualifying Circumstance: If the maintainer, 10263, (1915)]
conductor or banker of said gambling
schemes is a government official, or where Elements: [CCP]
such government official is the player, 1. Consideration;
promoter, referee, umpire, judge or coach, 2. Chance; and
the official shall be temporarily absolutely 3. Prize or some advantage or inequality in
disqualified and higher penalty will be amount or values which is in the nature of
imposed [Sec. 1(c), PD 1602] a prize [Uy v. Palomar, G.R. No. L-23248,
(1969)]
5. Failing to abate illegal gambling or take
action in connection therewith by a No Lottery when there is Full Value of
Barangay official who has knowledge of Money
the existence of a gambling house or place There is no lottery when there is full value for
in his jurisdiction. money and the prize is merely incidental, this
is because the player obtains full value of his
6. Any Security officer, security guard, money.
watchman, private or house detective of
hotels, villages, buildings, enclosures and b. INCREASING THE PENALTY FOR
the like which have the reputation of a ILLEGAL NUMBERS GAMES (PD
gambling place or where gambling 9287)
activities are being held.
Illegal Numbers Game
Spectators are Not Liable in Gambling
Any form of illegal gambling activity which uses
A mere bystander or spectator in a gambling numbers or combinations thereof as factors in
game is not criminally liable because he does giving out jackpots. [Sec. 2(a), RA 9287]
not take part therein. [U.S. vs. Palma, G.R. No.
2188, (1905) Persons Liable [Sec. 3, RA 9287]:
The law punishes any person who participates
Playing for Money is Not an Essential in any illegal numbers game who: [BS-VCC-
Element MFC]
When the law names the games, punishing any 1. Acts as a Bettor;
person who take part therein, its purpose is to 2. Acts as a Personnel or Staff of an illegal
prohibit absolutely those games regardless numbers game operation;
whether or not money is involved [REYES,
3. Allows his Vehicle, house, building or land
Book 2]
to be used in the operation of the illegal
numbers games;
4. Acts as a Collector or agent;
Offenders Punished [Sec. 3, PD 483]: [OOG] Days When Horse Racing is Allowed vs.
1. An Official, such as promoter, referee, Days when Horse Racing is NOT Allowed
umpire, judge, or coach in the game, race [RA 309 Sec. 4, as amended by Sec. 1, RA.
or sports contests, or the manager or 983]
sponsor of any participating team,
Days When Horse Days When Horse
individual or player therein, or participants
Racing is Permitted Racing is Not
or players in such games, races or other
[SSH - IRVTF] Permitted
sports contests;
[JD-VTF]
2. Any other Offender;
3. An official or employee of any Government
office or agency concerned with the 1. Sundays not 1. July 4th of each
enforcement or administration of laws and reserved by the year [RA 137]
regulations on sports. Commission; 2. December 30
2. 24 Saturdays as of each year
e. Article 198 – Illegal Betting On determined by the [RA 229]
Commission; and 3. Any registration
Horse Races [Repealed by Act. 3. Legal Holidays, or Voting day
309, as amended by RA 983] except: [RA 180]
a. Independence 4. Holy Thursday
Acts Punished: [BM] Day; and Good
1. Betting on horse races during the periods b. Rizal Day; Friday
not allowed by law; and c. Registration or
2. Maintaining or employing a totalizer or Voting day;
other device or profit therefrom, during d. Holy Thursday;
periods not allowed by law. and
e. Good Friday
Games and Amusements Board
The supervision and regulation of horse-races
in the Philippines shall be vested in a Race held the Same Day is a Separate
Commission on Races (now called the Games Offense
and Amusements Board) [RA 309, as Any race held in the same day at the same
amended by RA 983] place shall be held punishable as a separate
offense [Art. 198(2), RPC]
Totalizer
A Machine for registering and indicating the f. Article 199 – Illegal Cockfighting
number and nature of bets made on horse [amended by PD 449]
races. [id.]
Cockfighting
Shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different
Philippine localities. [Sec. 4(a), PD 449]
2. Any person who directly or indirectly, 3. The highly scandalous conduct is Not
Organizes cockfights at which bets are expressly falling within any other Art. of the
made, on a day other than those permitted RPC; and
by law; 4. The act/s complained of be committed in a
3. Any person who directly or indirectly Public place or within the Public knowledge
participates in cockfights, at a place other or view [U.S. v. Samaniego, G.R. No. 5115,
than a licensed Cockpit. (1909)]
4. When the offender is the Financer, owner,
manger or operator of cockpit, or the gaffer, Grave Scandal
referee or bet taker in cockfights; or Consists of acts which are offensive to decency
5. Allowing, promoting or participating in any and good customs which, having been
other kind of gambling in the premises of committed publicly, have given rise to public
cockfights during cockfights. scandal to persons who have accidentally
witnessed the same. [REYES, Book 2]
Days Cockfighting is allowed [Sec. 5(d), PD
449]: Decency
1. Sundays; Propriety of conduct, proper observance of the
2. Legal Holidays, EXCEPT: requirement of modesty, good taste, etc. [id.]
a. Rizal Day;
b. Independence Day; Customs
c. National Heroes Day; Established usage and social conventions
d. Holy Thursday; carried on by tradition and enforced by social
e. Good Friday; disapproval of any violation thereof [id.]
f. Election or Referendum Day; and
g. During the Registration Days for Act/s Must be Performed In:
Election or Referendum; 1. Public place; or
3. During local fiestas for not more than 3 2. Private place within public knowledge or
days; and view [U.S. v. Samaniego, G.R. No. 5115,
4. During provincial, city or municipal, (1909)]
agricultural, commercial or industrial fair,
carnival or exposition for a similar period of Public Place vs. Private Place [REYES, Book
3 days 2]
Public Place Private Place
Spectators in a Cockfight Are Not Liable
The decree [PD 449] does not punish a person Public View Requirement
attending as a spectator in a cockfight.
[REYES, Book 2] Public view is not Public view or public
required knowledge is
2. Chapter II: Offenses Against required.
Decency and Good Customs Degree of Publicity
“Public Officers” Includes Every Public Misfeasance (see Arts 204-207: acts by a
Servant judge) Improper performance of some act
The term “public officers” embraces every which might lawfully be done [id.]
public servant from the highest to lowest rank.
The distinction between “officer” and Nonfeasance (Prosecution)
“employee” for the purposes of the RPC is Omission of some act which ought to be
obliterated. [Macalino v. Sandiganbayan, G.R. performed [id.]
Nos. 140199-200 (2002)]
SECTION 1. DERELICTION OF DUTY
It includes elective and appointive officials and
employees, permanent or temporary: a. Article 204 – Knowingly Rendering
1. Career or non-career service, including Unjust Judgment; and
military and police personnel, whether b. Article 205 – Judgment Rendered
compensated or not [Sec. 3(b), RA 6713] Through Negligence
2. Classified or unclassified or exempt service
receiving compensation, even nominal, Elements
from the government. [Sec. 2(c), RA 3019]
Knowingly Rendering Judgement Rendered
Unjust Judgement Through Negligence
What are Considered “Official Duties”
(Art. 204) [JSUK] (Art. 205) [JSMN]
Includes those which are in one’s capacity to
perform by reason of his office. [Dacumos v.
Sandiganbayan, G.R. No. 95000 (1991)] 1. Offender is a Judge
Not Required. Not required Direct Bribery vs. Sec 3(b) of RA 3019
required The gift (acceptance of Direct Bribery Sec 3(b) RA 3019
(acceptanc must have offer is [Art 210, RPC]
e of offer is a value or sufficient).
sufficient). must be As to Promise or Gift
capable of
pecuniary Acceptance of a Mere request or
estimation. promise or offer or demand of a gift,
It cannot receipt of a gift or present, share,
consist of a present is required percentage or
mere offer benefit is enough
or promise
As to Scope
of a gift.
[REYES, Wider and more Limited to contracts
Book 2] general scope: or transactions
a. Performance of involving monetary
No Stage of Frustrated Bribery an act constituting a consideration where
If one party does not concur, then there is no crime; the public officer has
agreement and not all the acts necessary to b. Execution of an the authority to
commit the crime were present. [Regalado] unjust act which intervene under the
does not constitute a law.
Temporary Performance of Public crime; and
Functions c. Agreeing to
Temporary performance of public functions is refrain or refraining
sufficient to constitute a person a public officer from doing an act
for purposes of bribery. [Maniego v. People, which is his official
G.R. No. L-2971 (1951)] duty to do.
[Merencillo v. People, G.R. No. 142369-70,
Bribery exists when the gift is: (2007)]
1. Voluntarily offered by a private person;
2. Solicited by the public officer and h. Article 211 – Indirect Bribery
voluntarily delivered by the private person;
or
Elements [PuGO]:
3. Solicited by the public officer but the private
1. Offender is a Public officer;
person delivers it out of fear of the
2. He accepts Gifts;
consequences should the public officer
3. Gifts are offered to him by reason of his
perform his functions (here the crime by the
Office.
giver does not fall under corruption of
public officials due to the involuntariness of
Direct Bribery vs. Indirect Bribery
the act). [People v. Sope, G.R. No. L-16
(1946)] Direct Bribery Indirect Bribery
[Art 210] [Art 211]
3. Chapter III: Frauds and Illegal Not necessary for Government to Actually
be Defrauded
Exactions and Transactions It is consummated by merely entering into
agreement or by merely making use of other
a. Article 213 – Fraud Against the schemes to defraud the government. [REYES,
Public Treasury and Similar Book 2]
Offenses
Elements of Illegal Exactions (par.2-4) [C-
Punishable Acts: [EnD-ReC] DRC]:
1. Entering into an agreement with any 1. Offender is a public officer entrusted with
interested party or speculator or making the Collection of taxes, licenses, fees and
use of any other scheme, to defraud the other imposts;
government, in dealing with any person 2. He is guilty of the following acts or
with regard to furnishing supplies, the omissions:
making of contracts, or the adjustment or a. Demanding directly or indirectly,
settlement of accounts relating to public payment of sums different from or
property or funds; larger than those by law;
2. Demanding, directly or indirectly, the b. Failing voluntarily to issue a Receipt as
payment of sums different from or larger provided by law, for any sum of money
than those authorized by law, in collection collected by him officially; or
of taxes, licenses, fees, and other imposts; c. Collecting or receiving, directly or
3. Failing voluntarily to issue a Receipt, as indirectly, by way of payment or
provided by law, for any sum of money otherwise, things or object of a nature
collected by him officially, in the collection different from that provided by law
of taxes, licenses, fees and other imposts;
4. Collecting or receiving, directly or Persons Liable
indirectly, by way of payment or otherwise, General Rule: Only specific public officers are
things or objects of a nature different from liable and this can only be committed
that provided by law, in the collection of principally by a public officer whose official duty
taxes, licenses, fees and other imposts. is to collect taxes, license fees, import duties
and other dues payable to the government.
Elements of Fraud against Public Treasury [Art. 213, RPC]
(par.1) [POED]:
1. Offender is a Public officer Exception: BIR and Customs employees are
2. He took advantage of his public office; he not covered by the article. The NIRC or the
intervened in the transaction in his Official Revised Administrative Code is the applicable
capacity law. [BOADO]
3. He Entered into an agreement with any
interested party or speculator or made use Receipt must be an Official Receipt
of any other scheme with regard to: The act of receiving payment due the
a. Furnishing supplies government without issuing a receipt will give
b. The making of contracts or rise to illegal exaction even though a
c. Adjustment or settlement of accounts provisional receipt has been issued. What the
relating to public property or funds law requires is a receipt in the form prescribed
4. Accused had intent to Defraud the by law, which means official receipt.
Government.
When Estafa instead of Illegal Exaction
When there is deceit in demanding a greater
fee than those prescribed by law, the crime
Elements:
H. CRIMES AGAINST
Mode 1: Mode 2: Mode 3:
Soliciting to Soliciting to Soliciting to PERSONS
a woman a woman wife/daughte
interested in under r/sister/ 1. Chapter I: Destruction of Life
pending offender’s relative of
matters custody person in SECTION 1. PARRICIDE, MURDER,
[PSP] [PSC] custody HOMICIDE
[PSR]
a. Article 246 – Parricide
1. Offender is a Public officer
Parricide shall not be punished by bed [People v. Gonzales, G.R. No. 46310;
reclusion perpetua to death in the following People v. Bituaanan 56 Phil 23, cited in
cases: REYES, Book 2]
1. Reckless or simple imprudence [Art. 365] 2. Accused must be legally married - if the
2. Parricide by mistake [Art. 49] victim is his or her spouse. [People v.
3. Parricide under exceptional circumstances Araquel, G.R. No. L-12629]
[Art. 247] 3. Whether or not the daughter is legitimate
or illegitimate is immaterial - provided she
b. Article 247 – Death or Physical is living with the guilty parent [Regalado]
Injuries Under Exceptional 4. Privilege cannot be invoked without
Circumstances surprise – if the accused did not surprise
the supposed offenders in the very act of
Elements: [M-SD-KiP] committing adultery, he cannot invoke the
privilege of Art. 247. [People v. Gonzales,
1. A legally Married person, or a parent,
surprises the following in the act of sexual G.R. No. 46310 (1939)]
intercourse with another person:
Immediately Thereafter
a. His Spouse or;
There is no set time as jurisprudence has held
b. His Daughter, the latter under 18 years
of age and living with him; 1 hour or even 4 hours as “immediately
thereafter”. However, the act done must be a:
2. He or she Kills any or both of them, or
a. Direct result of the outrage of the
inflicts upon any or both of them any serious
cuckolded spouse; and
physical injury in the act or immediately
b. Continuous act from the moment of the
thereafter;
surprising. [US v. Vargas, G.R. No. 1053,
3. He has not Promoted or facilitated the
May 7, 1903]
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
When Article 247 does not apply: [BM]
of the other spouse.
1. If the surprising took place Before any
Not a Felony actual sexual intercourse could be done.
2. If the daughter is Married.
This article does not define a felony, rather it
serves as a defense for a person charged with
Although the article does not use the word
parricide, homicide or serious physical injuries.
“unmarried,” this article applies only when
[Id]
the daughter is single because while under
18 and single, she is still under parental
Sentence to Accused
General Rule: If all the requisites have been authority. If she is married, her husband
met, the defendant will be sentenced to alone can claim the benefits of this article.
destierro instead of the severe penalty for the [REYES, Book 2]
aforementioned crime [People v. Araquel, G.R.
No. L-12629]. c. Article 248 – Murder
imprudence. [People v. Castillo, C.A. No. 227 2. Attempted Felony - the penalty lower by
(1946)] two degrees than that prescribed by law for
the consummated felony shall be imposed
Refusal to be Operated; Not a Defense [Art. 51, RPC].
Refusal of the deceased to be operated on
does not relieve the offender of the criminal NOTE: Any attempt on, or conspiracy against,
liability for his death. [People v. Sto. Domingo, the life of the Chief Executive of the Philippines
G.R. No. 3783, (1939)] or that of any member of his family, or against
the life of any member of his cabinet or that of
Intent to kill any member of the latter’s family, shall suffer
General Rule: Conclusively presumed when the penalty of death. [REYES, Book 2]
death results.
f. Article 251 - Death Caused in
Exception: Evidence of intent is crucial to a Tumultuous Affray
finding of attempted or frustrated homicide
[Yapyuco v. Sandiganbayan, G.R. No. 120744- Tumultuous Affray
46] It is a commotion in a confused manner to an
extent that it would not be possible to identify
Physical Injuries who the killer is if death results, or who inflicted
Accused is liable for physical injuries if there is the serious physical injury, but the person or
no intent to kill on the part of the offender in an persons who used violence are known.
attempted or frustrated homicide. [REYES, [REYES, Book 2]
Book 2]
NOTE: It exists when at least four persons took
Accidental Homicide part. [id].
It is the death of a person brought about by a
lawful act performed with proper care and skill Elements: [SGQKAI]
and without homicidal intent, there is no felony. 1. There are Several persons;
[Id] 2. They do not compose Groups organized for
the common purpose of assaulting and
e. Article 250 - Penalty for Frustrated attacking each other reciprocally;
Parricide, Murder or Homicide 3. These several persons Quarreled and
assaulted one another in a confused and
Courts may impose a penalty: [Art 250] tumultuous manner;
1. 2 degrees lower for frustrated parricide, 4. Someone was Killed in the course of the
murder, or homicide affray;
2. 3 degrees lower for attempted parricide, 5. It cannot be Ascertained who actually killed
murder, or homicide. the deceased; and
6. The person or persons who inflicted serious
The imposition of a penalty lower by one physical injuries or who used violence can
degree than that imposed under Arts. 50 and be Identified.
51 depends on the courts, in view of the facts
of the case. [Id] Persons Liable [IK]
1. Person or persons who Inflicted the serious
Note that under the RPC, the following physical injuries
penalties shall be imposed: 2. If it is not Known who inflicted the serious
1. Frustrated Felony - the penalty next lower physical injuries on the deceased, all
in degree than that prescribed by law for persons who used violence upon the person
the consummated felony [Art. 50, RPC]. of the victim are liable.
Moral Ascendancy or Influence However, in the later case of People vs. Udang
Moral ascendancy or influence exercised by [id.], it has been ruled that the theory may apply
the accused over the victim substitutes for the in acts of lasciviousness and rape, felonies
element of physical force or intimidation such committed against or without the consent of the
as those committed by: victim, it operates on the theory that the sexual
act was consensual. It requires proof that the a. Is afflicted with a Sexually transmissible
accused and the victim were lovers and that disease & the virus / disease is
she consented to the sexual relations. transmitted to the victim;
b. Is a member of the AFP / PNP / any law
Exception: Sweetheart doctrine cannot be enforcement agency / penal institution, &
invoked in instances involving sexual took advantage of his position;
intercourse and lascivious conduct involving c. Knew of the Pregnancy of the offended
child abuse cases under RA 7610, where the party at the time of the commission of
victim abused cannot validly give their consent rape;
to another person. In cases involving minors, d. Knew of the Mental disability, emotional
consent is immaterial [id.]. disorder, or physical handicap of the
offended party at the time of the
Rape Shield Rule commission of rape
Character of the offended woman is immaterial 3. If Rape is committed in Full view of the
in rape. [People vs. Udang, id.] spouse, parent, any of the children, or other
relatives w/in the 3rd civil degree of
Marital Rape consanguinity
Prior to RA 8353, a husband cannot be guilty
of rape, however, under Art. 266-C of RA 8353, NOTE: Special qualifying circumstances have
he may now be held guilty. [People v. to be alleged in the information for it to be
Jumawan, G.R. No. 187495 (2014)] appreciated. [People v. Gallo]
Special Complex Crime
1. When the rape is attempted and a c. Art. 266 - C - Effect of Pardon
homicide is committed by reason of or on
the occasion of attempted rape; and The following shall extinguish the criminal
2. When by reason of or on occasion of action or the penalty imposed:
consummated rape, homicide is committed. 1. Subsequent valid marriage between the
[REYES, Book 2] offender and the offended party, but only
as to the husband.
b. Article 266 - B – Qualified Rape 2. Subsequent forgiveness by the wife as the
offended party when the legal husband is
Qualifying Circumstances the offender, provided their marriage is not
1. If the victim: [18-C-7-M] void ab initio. [REYES, Book 2]
b. Is under 18 yrs. old, & the offender is a
parent, ascendant, step-parent, Applicability of Pardon; Only to Principals
guardian, relative by consanguinity or Pardon is not applicable to accomplices,
affinity w/in the 3rd civil degree, or the accessories and multiple rapes. Since rape is
common law spouse of the parent of the now categorized as a crime against persons,
victim marriage extinguishes the penal action only as
c. Is under the Custody of the police / to the principal. This does not apply where
military authorities / law enforcement multiple rape was committed because while
agency marriage with one defendant extinguishes
d. Is a religious and such legitimate criminal liability, it cannot be extended to acts
vocation is known by the offender before committed by others. [REYES, Book 2]
or at the time of rape
e. Is a child below 7 yrs. old;
f. Suffered permanent or physical
Mutilation or disability by reason or on
the occasion of rape
2. If the offender: [SAPMF]
actually paid. [People v. Jatulan, G.R. No. Illegal Detention v. Arbitrary Detention
171563 (2007)] [REYES, Book 2]
● Actual demand for ransom is Illegal Detention Arbitrary Detention
unnecessary, as long as it can be proven [Art. 267] [Art. 124]
that the kidnapping was done for the As to Offender
purpose of extorting money. [REYES, Book Private individual or Public
2]
public officer/employee
● If kidnapping is for ransom, none of the
officer/employee with a legal duty to
4 circumstances under Art. 267 needs to
be present. [People v. Cenahonon, G.R. who has no legal detain persons
169962 (2007)] duty to detain a
person
Elements of Kidnapping for Ransom [LDR] As to Acts Committed
1. Intent on the part of the accused to deprive Offender kidnaps,
Public officer detains
the victim of Liberty detains, or
2. Actual Deprivation of liberty a person without
otherwise deprives a
3. Motive of the accused: extorting Ransom legal ground.
person of liberty.
for release of victim [People v. Ejandra, As to Classification
G.R. No 174659 (2008)]
Crime against the
Crime against
Special Complex Crime of Kidnapping with fundamental laws of
personal liberty
Murder/Homicide the State
Where the person kidnapped is killed in the
course of the detention, regardless of whether b. Article 268 - Slight Illegal Detention
the killing was purposely sought or was merely
an afterthought, the crime is a special complex Elements [PKIW]:
crime and the maximum penalty shall be 1. Offender is a Private individual;
imposed as provided by the last paragraph of 2. He Kidnaps or detains another, or in any
Art. 267. [People v. Ramos, G.R. No. 118570 other manner deprives him of his liberty.
(1998)] 3. Kidnapping or detention is Illegal; and
4. Crime was committed Without the
When Murder and not Kidnapping attendance of any of the circumstances
a. If the primary and ultimate purpose of enumerated in Article 267.
the accused is to kill the victim - the
incidental deprivation of the victim’s liberty Liability of Person Furnishing the Place
does not constitute kidnapping but is The liability of one who furnishes the place
merely a preparatory act to the killing and where the offended party is being held captive
is absorbed by the killing of the victim. is that of a principal and not of an accomplice.
[People v. Delim, G.R. No. 142773 (2003)] [REYES, Book 2]
b. If from the acts of the accused it cannot
be inferred that the latter’s purpose was Privileged Mitigating Circumstance [R3AC]
to actually detain or deprive the victim The penalty is lowered if:
of his liberty - the subsequent killing of the 1. Offended party is voluntarily Released
victim did not constitute the crime of within 3 days from the start of illegal
kidnapping. The demand for ransom does detention;
not convert the crime into kidnapping, if no 2. Without Attaining the intended purpose; and
deprivation of liberty was involved. [People 3. Before the institution of the Criminal action.
v Padica, G.R. No. 102645 (1993)]
NOTE: Voluntary release will only mitigate
criminal liability if crime was slight illegal
Elements [CSAN]:
a. Article 275 - Abandonment of
1. Offender has the Custody of a child;
Persons in Danger and 2. Child is under Seven years of age;
Abandonment of Own Victim 3. He Abandons such child; and
4. He has No intent to kill the child when the
Punishable Acts [UAC] latter is abandoned.
1. Failing to render assistance to any person
whom the offender finds in an Uninhabited Qualifying Circumstances [DD]:
place, wounded or in danger of dying when 1. When the Death of the minor resulted from
he can render such assistance without such abandonment; or
detriment to himself, unless such omission 2. If the life of the minor was in Danger
shall constitute a more serious offense. because of the abandonment.
2. Failing to help or render assistance to
another whom the offender has Abandonment
Accidentally wounded or injured; Permanent, conscious and deliberate
3. Failing to deliver a Child, under seven abandonment is required. Abandonment is not
years of age, whom the offender has found the momentary leaving of a child but is a
abandoned, to the authorities or to his deprivation of care and protection from danger
family, or by failing to deliver him to a safe to his person. [People v. Bandian, G.R. No.
place. 45186 (1936)]
Example: When threats are made and money j. Article 284 - Bond for Good
or property is demanded on the spot, the crime
Behavior
may be robbery with intimidation. [US v.
Osorio, G.R. No. 6660 (1912)]
When a Person is Required to Give Bail
Bond
Sec. 1(h) of PD 1829 (Obstruction of
When the offender threatens another under the
Justice)
circumstances mentioned in:
Threatening the infliction of any wrong upon
1. Art. 282 (Grave Threats); or
another’s person, honor, or property or that of
2. Art. 283 (Light Threats).
any of his immediate family members or the
imposition of a condition, whether lawful or
unlawful, shall be punished as obstruction of Bond for Good Behavior v. Bond to Keep
justice when the purpose of such is to prevent the Peace
a person from appearing in the investigation of, Bond for Good Bond to Keep the
or official proceedings in criminal cases. [Sec Behavior Peace
1(h), P.D. No. 1829] [Art 284] [Art 35]
As to Applicability to Cases
i. Article 283 - Light Threats Applicable only to
Not applicable to
grave threats and
any particular case
Elements [T-N-D-AN]: light threats
1. Offender makes a Threat to commit a Effect of Failure to Give
wrong; He shall be He shall be detained
2. Wrong does Not constitute a crime; sentenced to for a period not
3. There is a Demand for money or that other destierro. exceeding 6 months
condition is imposed, even though not
(if prosecuted for
unlawful; and
grave/less grave
employment. With the reason being that no one 2. The manufacturing or industrial
has a right to the personal privacy of another. establishment has a Secret of the industry
[id.] which the offender has learned;
3. Offender Reveals such secrets; and
Discovering Secrets through Seizure of 4. Prejudice is caused to the owner.
Correspondence v. Public Officer
Revealing Secrets of Private Individual vs. NOTES:
Revealing Secrets with Abuse of Office 1. Secrets must relate to manufacturing
Discovering Public Revealing processes [REYES, Book 2]
Secrets Officer Secrets 2. The revelation of the secret might be made
through Revealing with Abuse even after the employee or workman had
Seizure of Secrets of of Office ceased to be connected with the
Corresponde Private [Art. 291] establishment. [id.]
nce Individual
[Art. 290] [Art. 230] J. CRIMES AGAINST
As to Offender
PROPERTY
Private Public Manager,
Individual or Officer Employee
Public Officer or Servant 1. Chapter I: Robbery in General
not in the serving a
exercise of his Principal or a. Article 293 – Who Are Guilty of
official Master Robbery
functions
As to Where Secrets are Contained Classifications of Robbery: [ViFo]
Papers or No specific No specific 1. Robbery with Violence against, or
intimidation of persons (Arts. 294, 297 &
letters of medium. medium.
298); and
another What is The
2. Robbery by use of Force upon things (Art.
necessary offender
299 & 302) [REYES, Book 2]
is that the learns of
offender the secret Elements of Robbery in General [PTI-ViFo]:
learns of by reason 1. There is a Personal property belonging to
the secret of her or his another;
by reason employmen 2. There is unlawful Taking of that property;
of his office t. 3. The taking must be with Intent to gain; and
As to Revelation of Secrets 4. There is:
Secrets need Secrets must be revealed a. Violence against or intimidation of any
not be person; or
b. Force used upon things
revealed.
1. There is a Personal property belonging
c. Article 292 - Revelation of to another;
Industrial Secrets
Rules:
Elements: a. Property taken must be personal – if real
1. Offender is a person in charge, employee or property/right is the one usurped, the crime
workman of a manufacturing or industrial is usurpation under Art. 312. [REYES, Book
Establishment; 2].
“By reason or on occasion of the robbery” All the homicides or murders are merged in the
- means that the homicide or serious physical composite, integrated whole, so long as all the
injuries must be committed in the course or killings were perpetrated by reason or on the
because of the robbery. Otherwise, they shall occasion of the robbery. [People vs. Madrid,
be separate offenses [REYES, Book 2] id.]
NOTE: Violence or intimidation may enter at c. Art. 295 – Robbery with Physical
any time before the owner is finally deprived of
Injuries Committed in an
his property [id.]
Uninhabited Place and by a Band
Threats to Extort Money vs. Robbery or With the Use of a Firearm on a
through Intimidation [REYES, Book 2] Street, Road or Alley
Threats to Extort Robbery Through
Money Intimidation Qualified Robbery with Violence Against or
[Art. 282] [Art. 294] Intimidation of Persons (Art. 294 par. 3, 4
As to the Nature of the Intimidation and 5):
If committed: [U-BAES]
Conditional or future Actual and
1. In an Uninhabited place, or
Immediate
2. By a Band, or
As to How Intimidation is Done 3. By Attacking a moving train, street car,
May be through an Personal motor vehicle, or airship, or
Intermediary 4. By Entering the passengers’ compartments
As to Whom Intimidation is Directed in a train, or in any manner taking the
May refer to the directed only to the passengers thereof by surprise in the
person, honor or person of the victim respective conveyances; or
property of the 5. On a Street, road, highway, or alley, and
offended party or the intimidation is made with the use of
Firearms
that of his family
As to the Culprit’s Gain
NOTE: Above circumstances must be alleged
Gain is not Gain is immediate in the information. Moreover, these 5 qualifying
immediate circumstances cannot be offset by a generic
mitigating circumstance. [REYES, Book 2]
Robbery vs. Bribery
Robbery Bribery Uninhabited place
[Arts. 293 & 294] [Art. 210-211-A] One where there are no houses at all, a place
As to the Manner of Commission at a considerable distance from the town, or
Victim is deprived of Victim voluntarily where the houses are scattered at a great
his personal parts with his money distance from each other. [REYES, Book 1]
property by violence, or property.
Imposable Penalty
intimidation or force
Offender found liable under this article shall be
upon things.
punished by the maximum periods of the
As to Purpose of Deprivation of Property proper penalties in Art. 294. [id.]
Offender simply Money or gift
intends to gain. obtained by the d. Art. 296 – Definition of a Band and
person bribed was Penalty Incurred by the Members
meant as thereof
consideration for the
agreement of Rule: [4-AP]
performance or non- 1. When at least 4 (more than 3) armed
malefactors take part in the commission of
homicide. [People v. Villanueva, G.R. No. 2. Even if there was No entrance by any of
2676, (1939)] those means, he broke a wardrobe, chest,
or any other kind of locked or closed or
f. Article 298 – Execution of Deeds by sealed furniture or receptacle in the house
Means of Violence or Intimidation or building, or he took it away to be broken
or forced open outside. [REYES, Book 2]
Elements: [IC-VI]
1. Offender has Intent to defraud another; g. Article 299 – Robbery in an
2. Offender Compels him to sign, execute, or Inhabited House/Public Building or
deliver any public instrument or document; Edifice Devoted to Worship
and
3. Compulsion is by means of Violence or Mode 1: Entering Effected Through Force
Intimidation. Elements: [E-E-T]
1. Offender Entered: [EBR]
NOTE: a. An inhabited House; or
● "Public" describes the word "instrument" b. Public Building
only. Hence, this article applies even if the c. Edifice devoted to Religious worship
document signed, executed or delivered is 2. Entrance was effected by any of the
a private or commercial document. following means: [OBFN]
[REYES, Book 2] a. Through an Opening not intended for
● Art 298 is not applicable if the document is entrance or egress;
void [Id.] b. By Breaking any wall, roof, or floor, or
door or window;
Execution of Deeds by Means of Violence or c. By using False keys, picklocks or similar
Intimidation vs. Grave Coercion tools; or
Execution of Grave Coercion d. By using any fictitious Name or
Deeds by Means of [Art. 286] pretending the exercise of public
Violence or authority.
Intimidation [Art. 3. Once inside the building, offender Took
298] personal property belonging to another with
As to the Manner of Commission intent to gain.
Violence is used in Violence is used in
Imposable Penalty
compelling the compelling the
Penalty depends on the value of property taken
offended party to offended party to and on whether or not offender carries arm.
sign or deliver the sign or deliver the [REYES, Book 2 citing Art. 299, RPC]
document, with document, without
intent to defraud intent to defraud Inhabited House vs. Public Building
[REYES, Book 2] [REYES, Book 2]
Inhabited House Public Building
SECTION 2. ROBBERY BY THE USE OF Any shelter, ship or Every building owned
FORCE UPON THINGS vessel constituting the by the Government or
dwelling of one or belonging to a private
Robbery by the use of force upon things is more persons even person but used or
committed only when either: [299-302-N] though the inhabitants rented by the
1. Offender entered a house or building by any thereof are temporarily Government, although
of the means specified in Art. 299 or Art. absent therefrom temporarily
302; or when the robbery is unoccupied by the
committed. same.
a. In any manner Aids, abets or protects 3. Hunt or fish upon the same
such band of brigands; or or gather fruits, cereals or
b. Gives them Information of the other forest or farm
movements of the police or other peace products.
officers; or
c. Acquires or receives the property taken NOTE: Fishing should not be in
by such brigands. the fishpond within the field or
estate, otherwise it is Qualified
NOTE: It is presumed that the person
Theft. [Reyes, Book Two]
performing any of the acts provided in Art. 307
[REYES, Book 2]
has performed them knowingly, unless the
contrary is proven. [Art. 307, RPC]
Theft vs. Robbery
Theft Robbery
3. Chapter III: Theft [Art. 306] [Arts. 293-294]
Presence of Violence
a. Article 308 – Who are Liable for Offender does not There is violence or
Theft use violence or intimidation or Force
intimidation of upon things
Summary of Modes of Commission Under
persons or force
Art. 308:
upon things
MODE Elements
[REYES, Book 2]
1. Offender takes the take
Personal property of
Mode 1: Taking of Personal Property of
another without the latter’s
Another Without Violence or Intimidation of
consent;
Mode 1 2. Taking was with Intent to Persons or Force upon Things
[PIW] gain; and
“Without consent”
3. Taking was Without
Consent contemplated in this element of theft
violence against or
refers to consent freely given and not to one
intimidation of persons nor
force upon things. which may only be inferred from mere lack of
opposition [REYES, Book 2]
1. Offender found Lost
property; and
Mode 2 When Consummated
2. Fails to deliver the same to
[LF] Theft is complete from the moment the
the local authorities or to its
owner. offender had full possession of the thing, even
if he did not have an opportunity to dispose of
1. Offender maliciously
the same. [People v. Sevilla, G.R. No. 86163,
Damaged the property of
(1990)]. Accordingly, there is no crime of
Mode 3 another; and
frustrated theft.
[DR] 2. Removes or makes use of
the fruits or object of the
Objects Considered Personal Property:
damage caused by them.
1. Electricity and Gas [US vs. Carlos, G.R.
1. Offender entered an
No. 6295, (1911)]
Enclosed estate or a field
2. Promissory Notes and checks [People vs.
without the consent of its
Mode 4 Koc Song, G.R. No. L-45043, (1936)]
owner; 3. Telecommunication or Telephone Service
[EFAH]
2. Trespass is Forbidden or
[Laurel v. Abrogar, G.R. No. 155076,
the enclosed estate or field
(2009)]
belongs to Another; and
The law does not require knowledge of the NOTE: Penalties for qualified theft are 2
owner of the lost property. [REYES, Book 2] degrees higher than those respectively
specified in Art. 309. [Art. 310, RPC]
"Lost property" embraces loss by stealing. Abuse of Confidence must be Grave.
A finder who fails deliberately to return the thing There must be an allegation that by reason of
lost may be considered more blameworthy if dependence, guardianship or vigilance,
the loss was by stealing than through some between the accused and the offended party,
other means. [People v. Rodrigo, G.R. No. L- that has created a high degree of confidence
18507] between them, which the accused abused.
[People vs. Koc Song, id.]
NOTE: Art. 308 (1) is not limited to actual
finder. [US v. Santiago, G.R. No. L-9375, NOTE: Theft by a housemate is not always
(1914)]. It may include a policeman to whom it qualified. Living together under the same roof
is entrusted or misappropriated the same engenders some confidence, but it is not
[People v. Avila, G.R. No. L-19786, (1923)] necessarily grave. [id.]
Elements: [PB-VI]
1. Offender takes Possession of any real
b. Article 313 – Altering Boundaries
property or usurps any real rights in property or Landmarks
2. Real property or real rights Belong to
another Elements: [BA]
3. Violence against or intimidation of persons 1. There are Boundary marks or monuments
is used by the offender in occupying real of towns, provinces, or estates, or any other
property or usurping real rights in property; marks intended to designate the boundaries
and of the same; and
4. There is Intent to gain. 2. Offender Alters said boundary marks.
Real Property May be Involved Damage or prejudice may consist of: [MPP]
"Abscond" does not require that the debtor 1. Offended party being deprived of his Money
should depart and physically conceal his or property as a result of defraudation;
property. Hence, real property could be the 2. Disturbance in Property rights; or
subject matter of fraudulent insolvency. 3. Temporary Prejudice [REYES, Book 2]
[People vs. Chong Chuy Limgobo, G.R. 20995,
(1923)] Ways of Committing Estafa: [U-FF-M]
Mode Sub-modes
Prejudice to the Creditors 1. With Unfaithfulness
Contemplates the transfer of disposing of the [Art. 315 (1)(a)]
Mode 1:
offender’s property to keep it out of reach of his 2. With Abuse of
creditors resulting in the non-enforcement of a With
Unfaithfulness Confidence [Art.
writ of execution [Dee v. People, G.R. No. 315(1)(b)]
136785, (2000)] or Abuse of
3. By taking undue
Confidence
advantage of the
Fraudulent Insolvency vs. Insolvency Law [UCS] Signature in blank
Fraudulent Insolvency Law [Art. 315(1)(c)]
Insolvency [Act. No. 1956] 1. Using fictitious Name
[Art. 314] or false pretenses
As to the Requirement of Insolvency and other similar
Proceedings deceits [Art.
No need for Crime should be 315(2)(a)];
Insolvency committed after the 2. By Altering the
Proceedings. institution of quality, fineness or
weight of anything
insolvency
pertaining to his art or
NOTE: Offender proceedings
business [Art.
need not be Mode 2: 315(2)(b)]
adjudged bankrupt By Means of 3. By pretending to
or insolvent. False have Bribed any
[REYES, Book 2] Pretense or government
Imposable Penalty Fraudulent employee [Art.
Higher penalty is imposed if the offender is a Acts 315(2)(c)]
merchant. [NAB-CF] 4. By post-dating a
Check with no funds
6. Chapter VI: Swindling and or is not sufficient to
cover the amount of
Other Deceits
the check. [Art.
315(2)(d)]
a. Article 315 – Swindling or Estafa 5. By obtaining Food,
refreshment or
Elements of Etafa in general: [DCDD] accommodation with
1. Accused Defrauded another: intent to defraud [Art.
a. by abuse of Confidence, or 315(2)(e)]
b. by means of Deceit; and Mode 3: 1. By inducing another
a. Estafa by Using a Fictitious Name, False proper to bring against the offender.
Pretenses and Other Deceits [Art. 315(2)(a)] [REYES, Book 2]
b. If the crime is consummated - crime is
Ways of Committing Estafa: [NPO] corruption of public officer. [id.]
1. By using fictitious Name;
2. By falsely Pretending to possess: [QPI- 3. Estafa by Means of Fraudulent Acts
PAC-BI]
a. Qualifications, The acts must be fraudulent; characterized by,
b. Power, or founded on, deceit, trick or cheat. [REYES,
c. Influence, Book 2.]
d. Property,
e. Agency, a. Estafa by Postdating a Check or Issuing
f. Credit, a Check in Payment of an Obligation
g. Credit,
h. Business or Elements: [OF]
i. Imaginary transactions; or 1. Offender postdated a check, or issued a
3. By means of Other similar deceits. [REYES, check in payment of an Obligation; and
Book 2] 2. Such postdating or issuing a check was
done when the offender had no Funds in the
NOTE: Element of deceit is indispensable, bank, or his funds deposited therein were
consisting in the false statement or fraudulent not sufficient to cover the amount of the
representation was made prior to, or check.
simultaneously with the delivery of the thing. It
being essential that such false statement or Check issued must be Genuine
fraudulent representation constitutes the very If the check is falsified and the same is cashed
cause or the only motive which induces the with the bank, or exchanged for cash, the crime
complainant to part with the thing. [id.] committed is estafa through falsification of a
commercial document. [REYES, Book 2]
Use of Fictitious Name
There is use of fictitious name when a person Must be the Efficient Cause
uses a name other than his real name. [People To constitute estafa, the post-dating or
vs. Yusay, G.R. No. L-26957, (1927)] issuance of the check should be the efficient
cause of the defraudation. As such, it should be
The pretense must be false given either prior to, or simultaneously with, the
There must be evidence that the pretense of act of fraud. [People vs. Reyes, G.R. No.
the accused that he possesses power, 154159, (2005)]
influence, etc., is false. [REYES, Book 2]
NOTE: The check should not be postdated or
b. Estafa by Altering the Quality, Fineness issued in payment of pre-existing obligation.
or Weight of anything pertaining to his art [id.]
or business [Art. 315(2)(b)]
Prima Facie Evidence of Deceit
c. Estafa by Pretending to have bribed any There is prima facie evidence of deceit when
Government Employee [Art. 315(2)(b)] the drawer fails to pay 3 days after receiving
notice of dishonor [Art. 315(2)(d), as amended
NOTES: by RA 4885]
a. Offender may still be liable for
defamation which the government Stoppage of a Payment of a Check
employee allegedly bribed may deem If checks were issued by defendant and he
received money for them and stopped payment
and did not return the money and if at the time different from those which the offended party
the check was issued, he had the intention of told the accused to state in the document, the
stopping payment, he is guilty of estafa. [US vs. crime is falsification. [REYES, Book 2]
Poe, G.R. No. 13969, (1919)]
b. Estafa by Resorting to Some Fraudulent
Continuing Offense Practice to Ensure Success in Gambling
Estafa by issuance of a bad check is continuing [Art. 315(3)(b)]
offense [People v. Yabit, G.R. L-42902, (1977)]
c. Estafa by Removing, Concealing or
b. Estafa by Obtaining Food or Destroying Court Records, Office Files, and
Accommodation at a Hotel, etc. [Art. 315 other Documents [Art. 315(3)(c)]
(2)(e)]
Elements: [CRD]
Punishable Acts: [FCA] 1. There are Court records, office files,
1. By obtaining Food, refreshment or documents or any other papers.
accommodation at a hotel, inn, restaurant, 2. Offender Removed, concealed or destroyed
boarding house, lodging house or any of them.
apartment house without paying therefor, 3. Offender had intent to Defraud another.
with intent to defraud the proprietor or
manager thereof; NOTE: If there is no intent to defraud, the act
2. By obtaining Credit at any of said of destroying a court record will be malicious
establishments by the use of any false mischief. [Reyes Book, Two]
pretense; or
3. By Abandoning or surreptitiously removing Infidelity in Custody of Document vs. Estafa
any part of his baggage from any of said by Removing, Concealing or Destroying a
establishments after obtaining credit, food, Document
refreshment or accommodation therein, Infidelity in Estafa
without paying therefor. Custody of [Art. 315, 3(c)]
Documents
3. Estafa Through Fraudulent Means [Art. [Art. 226]
315(3)] As to the Manner of Commission
Both are Similar in the Manner of
a. Estafa by Inducing Another to Sign Any
Document Commission
As to the Property Involved
Offender is a public Offender is a private
officer who is individual or even a
Elements: [ISiP-P] officially entrusted public officer who is
1. Offender Induced the offended party to sign with the custody of not officially
a document. documents entrusted with the
2. Deceit was employed to make him Sign the custody of said
document. documents.
3. Offended party Personally signed the As to Intent
document.
No Intent to Defraud There is Intent to
4. Prejudice was caused.
Defraud
NOTE: If the offended party is willing and ready [REYES, Book 2]
from the beginning to sign the document and
there is deceit as to the character or contents
of the document, because the contents are
b. Article 316 – Other Forms of b. Offender Knew that the real property was
Swindling encumbered, whether the same was
recorded or not.
Punishable Acts: c. There was express Representation by the
1. Conveying, selling, encumbering, or offender that the real property is free from
mortgaging any real property, encumbrance; and
pretending to be the owner of the same d. Act of disposing of the real property was
made to the Damage of another. [REYES,
Elements: [I-ROP] Book 2]
a. Thing is Immovable (e.g., parcel of land or
building). Definition of Terms [REYES, Book 2]:
b. Offender is not the owner but Represents 1. “Dispose” – includes encumbering or
himself as the owner thereof. mortgaging.
c. Offender executed an act of Ownership 2. “Encumbrance” – includes every right or
(selling, encumbering or mortgaging the real interest in the land which exists in favor of
property). third persons.
d. Act was made to the Prejudice of the owner
or a third person. [REYES, Book 2] 3. Wrongfully taking by the owner of his
personal property from its lawful possessor
Swindling vs. Estafa by False Pretenses
Estafa by False Elements: [OPWP]
Swindling 1. Offender is the Owner of personal property.
Pretenses
[Art. 316(1)] 2. Property is in the lawful Possession of
[Art. 315, 2(a)]
another.
As to the Property Involved
3. Offender Wrongfully takes it from its lawful
Covers immovable May cover personal possessor.
or real property. and real property. 4. Prejudice is caused to the lawful possessor
As to Acts Committed or third person.
Selling, or Pretense in owning
encumbering, or real or personal Mode 1 v. Mode 3
mortgaging any real property and Pretending to be Wrongfully Taking
property, and doing defrauding the Owner of Real Personal Property
some act of offended party. Property from Lawful
dominion or [Mode 1] Possessor
ownership over the [Mode 3]
property to the As to the Property Involved
damage and Immovable Property Personal Property
prejudice of the real As to Ownership
owner of the thing. Offender merely Offender is the
[REYES, Book 2] represents himself owner of the
as the owner of the personal property.
2. By disposing of real property as free immovable property
from encumbrance, although such involved
encumbrance be not recorded As to the Acts Committed
Offender committed The personal
Elements: [DKRD]
an act of ownership property is
a. Thing Disposed of is real property.
prejudicial to the wrongfully taken
true owner of the
i. Any Arsenal, shipyard, storehouse or the building note necessary in the business
military powder or fireworks factory, of the offender nor for household use.
ordnance, storehouse, archives or 4. If the fire started Simultaneously in more
general museum of the Government. than one part of the building or
ii. Inhabited place, storehouse or factory establishment.
of inflammable or explosive materials. 5. If shortly before the fire, a substantial
[Sec 10(2), RA 7659] portion of the effects insured and stored in a
building or property had been Withdrawn
3. Other cases of Arson [PD 1613, Sec. 3] from the premises except in the ordinary
course of business.
Burning of any: [O-InIn-PMR] 6. If a Demand for Money or other valuable
a. Building used as Offices of the government consideration was made before the fire in
or any of its agencies; exchange for the desistance of the offender
b. Inhabited house or dwelling; or for the safety of the person or property of
c. Industrial establishment, shipyard, oil well the victim.
or mine shaft, platform or tunnel; 7. If during the lifetime of the corresponding
d. Plantation, farm, pastureland, growing fire insurance policy more than 2 fires have
crop, grain field, orchard, bamboo grove or occurred in the same or other premises
forest; owned or under the control of the offender
e. Rice, sugar or cane Mill, or mill central; and and/or insured.
f. Railway or bus station, airport, wharf or
warehouse. NOTE: Conspiracy to commit arson is
penalized under the law [Sec. 7, PD 1613]
Special Aggravating Circumstance: [HIBS]
1. Offender is motivated by spite or Hatred Stages of Arson: [AFC]
towards the owner or occupant of the 1. Attempted Arson – offender commences
property burned; the commission of the crime directly by
2. Committed with Intent to gain; overt acts but does not perform all the acts
3. Committed for the Benefit of another; and of execution due to the timely intervention
4. Committed by a Syndicate. [Sec. 4, PD of another who chases away the offender.
1613] [REYES, Book 2]
NOTE: This cannot be offset by any mitigating Illustration: Placing the rags soaked in
circumstance. [REYES, Book 2] gasoline beside the wooden wall of the
building and lighting a match but does not
Prima Facie Evidence of Arson: [FISWiD2] continue to the setting of fire to the rag [id.]
1. If gasoline, kerosene, petroleum or other
Flammable or combustible substances or 2. Frustrated Arson
materials soaked therewith or containers
thereof, or any mechanical, electrical, Illustration: Person is able to light or set
chemical, or electronic contrivance fire to the rags but the fire was put out
designed to start a fire, or ashes or traces of before any part of the building was burned
any of the foregoing are found in the ruins [US vs. Valdez, G.R. No. L-14128, (1918)]
or premises of the burned building or
property. NOTE: It is argued that there is no such
2. If the building or property is Insured for thing as Frustrated Arson [Boado], as
substantially more than its actual value at illustrated in the case of People vs.
the time of the issuance of the policy. Gutierrez [G.R. No. 100699, (1996)],
3. If a substantial amount of Flammable wherein the court ruled that even if a
substances or materials are Stored within building is not completely gutted by fire, the
NOTE: These are also called qualified d. Art. 330 – Damage and Obstruction
malicious mischief [id.] to Means of Communication
Mode 1 of Art. 328 vs. Sedition
Punishable Act
Mode 1 Sedition
Damaging any railway, telegraph or telephone
[Art. 328] [Art. 139] line.
As to Presence of a Public and
Tumultuous Uprising Qualifying Circumstance
Not Present Present Higher penalty shall be imposed if it shall result
As to intention to Obstruct Public in any derailment of cars, collision, or other
Functions accident
There is intent to obstruct public functions
NOTE: Derailment or collision of cars should
[REYES, Book 2]
not have been purposely sought for by the
offender but should have just resulted from
Theft vs. Art. 328, Mode 4
damage to railway, telegraph or telephone
Theft Mode 4
lines. [REYES, Book 2]
[Art. 308] [Art. 328[4]]
As to the Property Involved Telegraph or Telephone Lines
Property belonging Property belonging The telegraph or telephone lines must pertain
to the National to the National to a railway system.
Library or National Library or National
Museum. Museum, or to any Crimes Committed if Passengers are Killed:
archive or registry, Passenger
Intent to Crime
road or any thing s are Killed
Kill Committed
used in common by as a Result
the public. Present Present Murder
As to the Acts Committed Damages to
Offender unlawfully Offender Present Means of
Not Present
takes property deliberately causes Communicatio
belonging to the damage for the sake n
national library or of damaging them.
National Museum
e. Art. 331 – Destroying or Damaging legitimate and adopted full brothers or sisters
Statues, Public Monuments or [id.]
Paintings Relatives by Affinity – includes stepfather,
adopted father, and natural children. [id.]
Persons Liable: [SP]
1. Any person who shall destroy or damages 3. Widowed Spouse with respect to property of
Statues or any other useful or ornamental the deceased, if:
public monument; and a. Property belongs to the deceased
2. Any person who shall destroy or damage spouse; and
any useful or ornamental Painting of a b. It has not yet passed into the possession
public nature. of a 3rd Person [REYES, Book 2]
man not her conduct for money nature. [People v. Cordova, C.A., G.R. No.
husband or profit 19100-R (1959)]
[REYES, Book 2]
Mere Cohabitation Sufficient
b. Article 334 – Concubinage In the 3rd way of committing the crime, mere
cohabitation is sufficient; Proof of scandalous
Elements: [MaKeSCoK] circumstances not necessary. [People v. Pitoc,
1. Man is Married; G.R. No. 18513 (1922)]
2. He is either:
a. Keeping a mistress in the conjugal Liability of Married Man
dwelling; A married man is not liable for concubinage for
b. Having Sexual intercourse under mere sexual relations with a woman not his
scandalous circumstance with a woman wife. It must be under scandalous
not his wife; circumstances. [REYES, Book 2]
c. Cohabiting with her in any other place;
and No Knowledge that Woman is Married
3. As regards the woman: she Knows that he A married man who is not liable for adultery
is married. because he did not know that the woman was
married, may be held liable for concubinage. If
Persons Liable: [MaW] the woman knew that the man was married,
1. Married man; and she may be held liable for concubinage as well.
2. Woman who knew that the man was [Id]
married. [Id]
Definition of Terms: When Spies are Employed, no evidence of
1. Mistress – a woman taken by the accused scandalous circumstances
to live with him in the conjugal dwelling as When spies are employed for the purpose of
his mistress/concubine. [Id] watching the conduct of the accused and it
2. Conjugal Dwelling – the home of the appearing that none of the people living in the
husband and the wife, even if the wife vicinity has observed any suspicious conduct,
appears to be temporarily absent on any there is no evidence of scandalous
account. [Id] circumstances. [US v. Campos Rueda, G.R.
3. Cohabit – to dwell together, in the manner No. L-11549 (1916)]
of husband and wife, for some period of
time, as distinguished from occasional 2. Chapter II – Rape and Acts of
transient interviews for unlawful intercourse. Lasciviousness
[People v. Pitoc, G.R. No. 18513,
September 18, 1922]
a. Article 335 – When and How Rape
4. Scandalous Circumstances – Scandal
consists in any reprehensible word or deed is Committed (repealed by RA No.
that offends public conscience, redounds to 8353)
the detriment of the feelings of honest
persons, and gives occasion to the NOTE: Art. 335 has been repealed by RA
neighbors’ spiritual damage or ruin. [People 8353, otherwise known as the Anti-Rape Law
v. Santos, 87 Phil. 687 (1950)] of 1997 which took effect on October 22, 1997.
(below 18 years old) to satisfy the lust of Prostitutes Anyone who Anyone
another. [REYES, Book 2] who, for purchases, who
money or sells, engages in
NOTES: profit, kidnaps or the
1. It is not necessary that the unchaste acts habitually detains a business or
shall have been done. What the law indulge in human profits by
punishes is the act of a pimp who facilitates sexual being for the
prostitution
the corruption of, and not the performance intercourse or purpose of or enlists
of unchaste acts upon the minor. [id.] lascivious enslaving another for
2. Victim must be of good reputation, not a conduct him the purpose
prostitute or corrupted person. [id.] of
prostitution
"To satisfy the lust of another." Consent of Woman
Because of this phrase, one who casts for his Woman Committed With or
own ends does not incur the sanction of the consented against her without
law. [id.] since she is will woman’s
the one consent
e. Article 341 - White Slave Trade habitually
engaged in
Acts Punishable: [BuPS] the act
1. Engaging in Business of prostitution
2. Profiting by prostitution 4. Chapter IV - Abduction
3. Enlisting the Services of women for the
purpose of prostitution.
a. Article 342 - Forcible Abduction
Corruption of Minors vs. White Slave Trade
Elements: [WAL]
Corruption of White Slave Trade
1. Person abducted is any Woman, regardless
Minors [Art. 340] [Art. 341]
of her age, civil status or reputation;
Minority of Victims 2. Abduction is Against her will; and
It is essential that Victim need not be a 3. Abduction is with Lewd designs.
the victims are minor
minors Abduction
Sex of Victims The taking away of a woman from her house or
May be of either sex Females the place where she may be for the purpose of
Profit carrying her to another place with intent to
Not necessarily for Generally for profit marry or corrupt her. [People v. Crisostomo,
profit G.R. No. L-19034, February 17, 1923]
Habituality
Committed by a Generally committed If Female is Under 12 years of age
single act habitually If the female abducted is under 12, the crime is
[REYES, Book 2] forcible abduction, even if she voluntarily goes
with her abductor. [Id]
White
Prostitution Slavery Slave Elements of Complex Crime of Forcible
[Art. 202] [Art. 272] Trade Abduction with Rape:
[Art. 341] 1. Abductor had carnal knowledge of the
Offender abducted women; and
2. It is committed by:
a. Using force or intimidation; or
rape. [People v. Amante, G.R. No. L-25604, b. If of legal age and not incapacitated, only
December 6, 1926] she can file the complaint.
2. It also extinguishes the criminal actions Civil Liability of Adulterer and Concubine
against the co-principals, accomplices, and The adulterer and the concubine can be
accessories [Art. 344, RPC] sentenced only to indemnify for damages
3. Marriage must be entered into in good faith. caused to the offended spouse.
4. Marriage may take place even after criminal ● The article authorizes the imposition of
proceedings have commenced, or even indemnity in cases of concubinage against
after conviction (extinguishes criminal the concubine only, but not against the
action and remits penalty). [REYES, Book 2] guilty husband. [REYES, Book 2]
● The guilty wife in adultery cannot also be
Pardon sentenced to indemnify for damages
Pardon of the offenders by the offended party caused to the offended husband, the law
is a bar to prosecution for adultery or speaks of adulterer not adulteress [id.]
concubinage [Art. 344, par. 2]
All the Accused must Support the Offspring
Pardon; How Given All the accused must support the offspring
General rule: May be express or implied since any one of them may be the father and
contributed in giving birth to the child. [id.]
Exception: Pardon must be express in
seduction, abduction, rape, or acts of Moral Damages
lasciviousness. [REYES, Book 2] Moral damages may be recovered both by the
offended party and her parents. [id]
Condonation
Condonation is forgiveness based upon the c. Article 346 – Liability of
presumption and belief that the guilty party has Ascendants, Guardians, Teachers
repented. However, any act of infidelity to the and Other Persons Entrusted with
vows of marriage, subsequent to the
the Custody of the Offended Party
condonation constitutes a new offense.
[REYES, Book 2]
Persons Liable: [CETeC]
1. Persons who Cooperate as accomplices in
b. Article 345: Civil Liability of rape, seduction, abduction, etc. [CATAG]
Persons Guilty of Crimes Against a. Ascendants
Chastity b. Guardians
c. Curators
Those Guilty of Rape, Seduction or d. Teachers, and
Abduction shall: [IOS - AMDO] e. Any other person, who cooperate as
1. Indemnify the offended woman accomplice with abuse of authority or
2. Acknowledge the Offspring, unless the law confidential relationship
should prevent him from doing so 2. Teachers or persons entrusted with
3. Support the offspring, except: Education and guidance of the youth shall
a. In cases of Adultery and Concubinage be penalized with disqualification
b. Where either of the offended party or (temporary special disqualification to
accused is Married perpetual special disqualification).
c. When paternity cannot be Determined, 3. Any person falling within the Terms of this
such as in multiple rape; and article, and any other person guilty of
d. Other instances where the law prevents Corruption of minors for the benefit of
such another, shall be punished by special
disqualification from filling the office of
guardian. [Art. 346]
or cine- matographic
exhibition, or any Exception: Sending a letter in a sealed
similar means envelope through a messenger, is not
As to the Offended Party publication. [Lopez vs. Delgado, G.R. No. L-
Government or any 3499, (1907)]
of its duly
Any person/s 3. Imputation was Malicious.
constituted
authorities
As to the Effect Malice in Fact vs. Malice in Law
Injures the person's Disturbs public Malice in Fact Malice in Law
character, fame or peace. As to Proof Required
reputation through Proof of malice or ill- Proof of malice is
false and malicious will must be proved. not required,
statements Thus, it may be because it is
shown by proof of ill- presumed to exist
Elements under Art. 353: [IPMaD-DDC] will, hatred or from the
1. That there must be an Imputation of a purpose to injure. defamatory
crime, or of a vice or defect, real or imputation.
imaginary, or any act, omission, status or Presumption
circumstance; Malice is not Presumed from a
presumed since, it is defamatory
Imputation covers: [CVA] a positive desire or imputation.
a. Crime allegedly committed by offended an intention to
party; annoy or endure. Exception:
b. Vice or defect, real or imaginary of offended When
party; or communication is
c. Any Act, omission, condition, status of, or privileged, malice is
circumstance relating to the offended party. not presumed.
As to Proof of
Imputation of criminal intention is not Good Intention and Justifiable Motive
libelous. When malice in fact Upon proof of good
Intent to commit a crime is not a violation of is present, justifiable intention and
the law. This is more so, when it is a mere motive cannot exist, justifiable motive,
assertion or expression of opinion as to and the imputations even if the
what will be the future conduct of another. become actionable. publication is
[REYES, Book 2] injurious, the
presumption of
2. Imputation was made Publicly; malice disappears.
[REYES, Book 2]
Publication
Communication of the defamatory matter to 4. Imputation was Directed to: [NJD]
some third person or persons. [REYES, Book a. a Natural; or
2] b. Juridical person; or
c. One who is Dead.
Sending a Letter is Sufficient Publication
General Rule: Writing a letter to another Identification of Offended Party Required
person other than the person defamed is In order to maintain a libel suit, it is essential
sufficient to constitute publication [Orfanel vs. that the victim be identifiable, although it is not
People, G.R. No. L-26877, (1969)]
false prosecution. [People vs. Rivera, G.R. 2. Principal purpose of such intrigue is
Nos. L-38215 & 38216, (1933)] Blemishing the honor or reputation of
another
The two offenses form a complex crime, as the
two acts imputed to the accused had closely Intriguing Against Honor
followed each other, and that the former was a Any scheme or plot designed to blemish the
necessary means to commit the latter, which is reputation of a person by means which consist
only one crime. [People vs. Alagao, et al., G.R. of some trickery.
No. L-20721, (1966)] ● Akin to slander by deed, in that the offender
does not avail directly of written or spoken
b. Art. 364 – Intriguing Against Honor words, pictures or caricatures to ridicule his
victim but of some ingenious, crafty and
Elements: [IB] secret plot, producing the same effect.
1. Offender makes an Intrigue; and [REYES, Book 2