Criminal Law Book 2 – Title Twelve

TITLE TWELVE

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

 

A.   SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347)

Acts Punished:

1. Simulation of births

2. Substitution of one child for another

3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status

Requisites:

  1. The child must be legitimate
  2. The offender conceals or abandons such child
  3. The offender has the intent to cause the child to lose its civil status

Elements of Simulation of Birth:

  1. Child is baptized or registered in the Registry of birth as hers
  2. Child loses its real status and acquiires a new one
  3. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation

B.   USURPATION OF CIVIL STATUS: (348)

Notes:

  1. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person
  2. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto
  3. Committed by asuming the filiation, or the parental or conjugal rights of another
  4. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs.

C. ELEMENTS OF BIGAMY: (349)

  1. That the offender has been legally married.
  2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code.
  3. That he contracts a second or subsequent marriage.
  4. That the second or subsequent marriage has all the essential requisites for validity.

Notes:

  1. The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party
  2. A simulated marriage is not marriage at all and can be used as a defense for bigamy
  3. There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage
  4. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence
  5. A judicial declaration of the nullity of a marriage void ab initio is now required
  6. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses
  7. One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice.

D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350)

  1. That the offender contracted marriage.
  2. That he knew at the time that
    1. the requirement of the law were not complied with, or
    2. The marriage was in disregard of a legal impediment.

Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud.

E. ELEMENTS OF PREMATURE MARRIAGE: (351)

Acts punished:

  1. A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death
  2. A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation.

F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)

Act punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Criminal Law Book 2 – Title Eleven

TITLE ELEVEN

CRIMES AGAINST CHASTITY

A. ELEMENTS OF ADULTERY: (333)

  1. That the woman is married (even if marriage subsequently declared void)
  2. That she has sexual intercourse with a man not her husband.
  3. That as regards the man with whom she has sexual intercourses, he must know her to be married.

Notes:

  1. mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance)
  2. attempted: caught disrobing a lover

B. ELEMENTS OF CONCUBINAGE: (334)

  1. That the man must be married.
  2. That he committed any of the following acts:
    1. Keeping a mistress in the conjugal dwelling.
    2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife.
    3. Cohabiting with her in any other place.
  3. That as regards the woman she must know him to be married.

Note: “Scandal” consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin

C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)

  1. That the offender commits any act of lasciviousness or lewdness.
  2. That it is done under any of the following circumstances:
    1. by using force or intimidation, or
    2. when the offended party is deprived of reason or otherwise unconscious, or
    3. when the offended party is under 12 years of age.
  3. That the offended party is another person of either sex.

D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)

Two classes of qualified seduction:

  1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and
  2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction)

Elements:

  1. That the offended party is a virgin, which is  (presumed if she unmarried and of good reputation.)
  2. That she must be over 12 and under 18 years of age.
  3. That the offender has sexual intercourse with her.
  4. That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in public authority, priest; servant)

Persons liable:

  1. Those who abuse their authority:
    1. persons in public authority
    2. guardian
    3. teacher
    4. person who, in any capacity, is entrusted with the education or custody of the woman seduced
  2. Those who abused the confidence reposed in them:
    1. priest
    2. house servant
    3. domestic
  3. Those who abused their relationship:
    1. brother who seduced his sister
    2. ascendant who seduced his descendant

E. ELEMENTS OF SIMPLE SEDUCTION: (338)

  1. That the offended party is over 12 and under 18 years of age.
  2. That she must be of good reputation, single or widow.
  3. That the offender has sexual intercourse with her.
  4. That it is committed by means of deceit.

Note: common form is unconditional promise to marry

F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339)

  1. that the offender commits acts of lasciviousness or lewdness.
  2. That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age.
  3. that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

G. ELEMENTS OF CORRUPTION OF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another

H. ELEMENTS OF WHITE SLAVE TRADE: (341)

Acts penalized

1. Engaging in the business of prostitution

2. Profiting by prostitution

3. Enlisting the servicxe of women for the purpose of prostitution

I. ELEMENTS OF FORCIBLE ABDUCTION: (342)

  1. That the person abducted is any woman, regardless of her age, civil status, or reputation.
  2. That the abduction is against her will.
  3. That the abduction is with lewd designs.

Note: Sexual intercourse is NOT necessary

Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction.

J. ELEMENTS OF CONSENTED ABDUCTION: (343)

  1. That the offended party must be a virgin.
  2. That she must be over 12 and under 18 years of age.
  3. That  the taking away of the offended party must  be with her consent, after solicitation or cajolery from the offender.
  4. That the taking away of the offended party must be with lewd designs.

K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344)

  1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
  2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by:
  1. offended party
  2. by her parents
  3. grandparents
  4. guardians in the order in which they are named above

Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape.

L. Civil liability of persons guilty of rape, seduction or abduction (345)

  1. To idemnify the offended women
  2. To acknowledge the offspring, unless the law should prevent him from doing so
  3. In every case to support the offspring

M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Criminal Law Book 2 – Title Ten

TITLE TEN

I. CRIMES AGAINST PROPERTY

A. ELEMENTS OF ROBBERY IN GENERAL: (293)

  1. That there be personal property belonging to another.
  2. That there is unlawful taking of that property.
  3. That the taking must be with intent to gain, and
  4. That there is violence against or intimidation of any person, or force upon anything.

Notes:

  1. Belonging to another – person from whom property was taken need not be the owner, legal possession is sufficient
  2. Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide
  3. Taking of personal property – must be unlawful; if given in trust – estafa
  4. As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete
  5. As to robbery with force upon things – thing must be taken out of the building
  6. Intent to gain – presumed from unlawful taking
  7. Taking must not be under the claim of title or ownership
  8. When there’s no intent to gain but there is violence in the taking – grave coercion
  9. Violence or intimidation must be against the person of the offended party, not upon the thing

10. General rule: violence or intimidation must be present before the “taking” is complete

11. Except: when violence results in – homicide, rape, intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed with any of these crimes under art 294, even if taking is already complete when violence was used by the offender

12. Use of force upon things – entrance to the building by means described in arts 299 and 302 (offender must enter)

13. When both violence or intimidation and force upon things concur – it is robbery with violence

Robbery with violence

Grave threats

Grave coercion

Intent to gain No intent to gain None
Immediate harm Intimidation; promises some future harm or injury Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong)

 

Robbery

Bribery

X didn’t commit crime but is intimidated to deprive him of his property X has committed a crime and gives money as way to avoid arrest or prosecution
Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary
Neither Transaction is voluntary and mutual
Ex. defendant demands payment of P2.00 with threats of arrest and prosecution, therefore, robbery because (a) intent to gain and (b) immediate harm  

A.   ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294)

Acts punished as robbery with violence against or intimidation of persons

By reason or on occasion of the robbery, the following are committed:

  1. homicide
  2. robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent or blind
  3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in
  4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days
  5. Any kind of robbery with less serious physical injuries or slight physical injuries

Notes:

  1. special complex crimes (specific penalties prescribed)
    1. robbery with homicide – if original design is robbery and homicide is committed – robbery with homicide even though homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident.
    2. robbery with rape – intent to commit robbery must precede rape. Prosecution of the crime need not be by offended party – fiscal can sign the information. When rape and homicide co-exist, rape should be considered as aggravating only and the crime is still robbery with homicide
    3. robbery with intimidation – acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed
    4. qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:
      1. in an uninhabited place or
      2. by a band or
      3. by attacking a moving train, street car, motor vehicle or airship, or
      4. by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or
      5. on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294

B.   QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)

Notes:

  1. Must be alleged in the information
  2. Can’t be offset by generic mitigating
  3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263

C.   ROBBERY BY A band: (296)

notes:

  1. More than 3 armed malefactors
  2. Liability for the acts of the other members of the band
  3. Conspiracy to commit robbery with homicide – even if less than 4 armed men
  4. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof – all members of the band are liable for robbery with homicide
  5. Conspiracy is presumed when 4 or more armed persons committed robbery
  6. Unless the others attempted to prevent the assault – guilty of robbery by band only
  1. he was a member of the band
  2. he was present at the commission of a robbery by that band
  3. other members of the band committed an assault
  4. he did not attempt to prevent the assault

D.   ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)

Notes:

  1. Whether robbery is attempted or frustrated, penalty is the same
  2. Where offense committed is attempted or frustrated robbery with serious physical injuries – article 48 is applicable

 

E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298)

  1. That the offender has intent to defraud another.
  2. That the offender compels him to sign, execute, or deliver any public instrument or document.
  3. That the compulsion is by means of violence or intimidation.

 

F. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP: (299)

  1. That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice devoted to religious worship.
  2. That the entrance was effected by any of the following means:
    1. Through an opening not intended for entrance or egress.
    2. By breaking any wall, roof, or floor or breaking any door or window.
    3. By using false keys, picklocks or similar tools or.
    4. By using any fictitious name or pretending the exercise of public authority.
    5. That once inside the building, the offender took personal property belonging to another with intent to gain.

Notes:

  1. Includes dependencies (stairways, hallways, etc.)
  2. Inhabited house – any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies, courts, corals, barns, etc.
  3. NOT INCLUDED – ORCHARD, LANDS FOR CULTIVATION.
  4. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY
  5. Entrance is necessary – mere insertion of hand is not enough (whole body); not to get out but to enter – therefore, evidence to such effect is necessary
  6. P v. Lamahang – intent to rob being present is necessary
  7. Place: house or building; not car
  8. Public building – every building owned, rented or used by the government (though owned by private persons) though temporarily vacant
  9. Not robbery – passing through open door but getting out of a window

10. Outside door must be broken, smashed. Theft – if lock is merely removed or door was merely pushed

11. False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock

12. Picklocks – specially made, adopted for commission of robbery

13. Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against persons

14. False key – used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., must be broken and not just opened)

15. Gen. Rule: outside door. Exception: inside door in a separate dwelling

16. E.g. pretending to be police to be able to enter (not pretending after entrance)

G. ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. 299

  1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it
  2. That the offender takes personal property belonging to another with intent to gain, under any of the following circumstances.
    1. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or
    2. by taking such furniture or objects away to be broken or forced open outside the place of the robbery.

Notes:

  1. Entrance ( no matter how done)
  2. Offender may be servants or guests
  3. Destruction of keyhole of cabinet is robbery here
  4. When sealed box is taken out for the purpose of breaking it, no need to open – already consummated robbery
  5. Estafa – if box is in the custody of acc
  6. Theft – if box found outside and forced open

H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)

I.      WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301)

Notes:

  1. dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places:
  1. contiguous to the building
  2. having an interior entrance connected therewith
  3. which form part of the whole

2. Garage – must have 3 requirements. Exception: orchards/lands

J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302)

  1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship.
  2. that any of the following circumstances was present:
  3. That with intent to gain the offender took therefrom personal property belonging to another.
  1. That entrance was effected through an opening not intended for entrance or egress.
  2. A wall, roof, floor, or outside door or window was broken.
  3. The entrance was effected through the use of false keys, picklocks or other similar tools.
  4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle  was broken or
  5. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.

Notes:

  1. Second kind of robbery with force upon things
  2. Uninhabited place – is an uninhabited building (habitable, not any of the 3 places mentioned)
  3. Ex. warehouse, freight car, store. Exception: pigsty
  4. Same manner as 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in 299. Exception: does not include use of fictitious name or pretending the exercise of public authority
  5. Breaking of padlock (but not door) is only theft
  6. False keys – genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened

K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING: (303)

L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304)

  1. That the offender has in his possession picklocks or similar tools.
  2. That such picklocks or similar tools are specially adopted to the commission of robbery.
  3. That the offender does not have lawful cause for such possession.

Note: Actual use of the same is not necessary

M. ELEMENTS OF FALSE KEYS: (305)

  1. Picklocks, etc.
  2. Genuine key stolen from owner.
  3. Any key other than those intended by owner for use in the lock forcibly opened by the offender

Notes:

  1. Possession of false keys here not punishable
  2. If key was entrusted and used to steal, not robbery (not stolen)

 

II. BRIGANDAGE

A. BRIGANDAGE: (306)

Brigands – more than three armed persons forming a band

Purpose:

a.   Robbery in highway

  1.         b.   Kidnapping for extortion or ransom.
    1. Any other purpose to be obtained by means of force and violence.

Presumption of Brigandage:

  1. if members of lawless band and possession of unlicensed firearms (any of them)
  2. possession of any kind of arms (not just firearm)

BRIGANDAGE

ROBBERY IN BAND

Purposes are given Only to commit robbery, not necessarily in hi-way
Mere formation of a band for the above purpose If the purpose is to commit a part robbery
  Necessary to prove that band actually committed robbery

 

B.  ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307)

  1. That there is a band of brigands.
  2. That the offender knows the band to be of brigands.
  3. That the offender does any of the following acts:
  1. he in any manner aids, abets or protects such band if brigands, or
  2. he gives them information of the movements of the police or other peace officers of the government or
  3. He acquires or receives the property taken by such brigands.

Notes:

  1. PD 532 – brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c) taking away of property by violence or intimidation or force upon things or other unlawful means
  2. Committed by any person
  3. On any Phil hi-way

 

III. THEFT

A. ELEMENTS OF THEFT: (308)

  1. That there be taking of personal property.
  2. That said property belongs to another.
  3. That the taking be done with intent to gain.
  4. That the taking be done without the consent of the owner.
  5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things.

Persons liable:

  1. Those who

a)    with intent to gain

b)    but without violence against or intimidation of persons not force upon things

c)    take

d)    personal property

e)    of another

f)     without the latter’s consent

  1. Those who

a)    having found lost property

b)    fail to deliver the same to local authorities or its owner

Notes:

  1. Retention of money/property found is theft. Retention is failure to return (intent to gain)
  2. Knowledge of owner is not required, knowledge of loss is enough
  3. Finder in law is liable
  4. Those who

a)    after having maliciously damaged the property of another

b)    remove or make use of the fruits or object of the damage caused by them

Note: Killing of cattle of another which destroyed his property and getting meat for himself

  1. Those who

a)    enter an enclosed estate or a field where

b)    trespass is forbidden or which belongs to another and, without the consent of its owner

c)    hunts or fish upon the same or gather fruits, cereals or other forest or farm products

Notes:

  1. Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the control test
  2. P v. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Otherwise, P v. Espiritu – full possession is enough
  3. Servant using car without permission deemed qualified theft though use was temporary
  4. Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner, therefore must exclude “joyride”
  5. Theft: if after custody (only material possession) of object was given to the accused, it is actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical possession is transferred e.g., by contract of bailment
  6. Includes electricity and gas
    1. inspector misreads meter to earn
    2. one using a jumper
  7. Selling share of co-partner is not theft
  8. Salary must be delivered first to employee; prior to this, taking of Php is theft
  9. If offender claims property as his own (in good faith) – not theft (though later found to be untrue. If in bad faith – theft)

10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g. joyride)

11. Actual gain is not necessary (intent to gain necessary)

12. Allege lack of consent in info is important

 

B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN ENCLOSED ESTATE

(PAR. NO.3, ART. 308)

  1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another;
  2. That the offender enters the same.
  3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products, and
  4. That the hunting or fishing or gathering of products is without the consent of the owner.

Note: Fish not in fishpond, otherwise, qualified

C.PENALTIES FOR QUALIFIED THEFT; (309)

D. ELEMENTS OF QUALIFIED THEFT: (310)

  1. Committed by domestic servant, or
  2. With grave abuse of confidence, or
  3. Property stolen is:
    1. motor vehicle
    2. mail matter
    3. large cattle
    4. coconut from plantation
    5. fish from fishpond or fishery, or
    6. On occasion of calamities and civil disturbance.

Notes:

  1. “grave abuse” – high degree of confidence e.g. guests
  2. no confidence, not qualified theft
  3. theft – material possession’ estafa – juridical possession
  4. qualified: if done by one who has access to place where stolen property is kept e.g., guards, tellers
  5. novation theory applies only if there’s a relation
  6. industrial partner is not liable for QT (estafa)
  7. when accused considered the deed of sale as sham (modus) and he had intent to gain, his absconding is QT
  8. see carnapping law: RA 6539
  9. motor vehicle in kabit system sold to another-theft.  Motor vehicle not used as PU in kabit system but under K of lease-estafa
  10. 10.  mail matter – private mail to be QT, Not postmaster – Art. 226

11. theft of large cattle

E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (311)

 

IV. USURPATION

A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY: (312)

  1. That the offender takes possession of any real property or usurps any real rights in property.
  2. That the real property or real rights belong to another.
  3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property.
  4. That there is intent to gain.

B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313)

  1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same.
  2. That the offender alters said boundary marks.

 

V. CULPABLE INSOLVENCY

A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)

  1. That the offender is a debtor; that is, he was obligations due and payable.
  2. That he absconds with his property.
  3. That there be prejudice to his creditors.

 

VI. SWINDLING AND OTHER DECEITS

A.   ELEMENTS OF ESTAFA IN GENERAL: (315)

  1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and
  2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person

B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315)

  1. That the offender has an onerous obligation to deliver something of value.
  2. That he alters its substance, quantity, or quality.
  3. That damage or prejudice is caused to another.

C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B), OF ART.315

  1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return, the same.
  2. That there be misappropriation or conversion of such money or property by the offender, or dental on his part of such receipt.
  3. that such misappropriation or conversion or dental is to the prejudice of another and
  4. That there is a demand made by the offended party to the offender.

D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION N0.1, ART. 315 = 3 WAYS OF COMMITTING:

  1. By misappropriating the thing received.
  2. By converting the thing received.
  3. By denying that the thing was received.

Notes:

  1. Unfaithful or Abuse of Confidence

a. by altering the substance

b. existing obligation to deliver – even if it is not a subject of lawful commerce

c. thing delivered has not been fully or partially paid for – not estafa

  1. no agreement as to quality – No estafa if delivery is unsatisfactory

 

  1. By misappropriating and converting
  1. thing is received by offender under transactions transferring juridical possession, not ownership
  2. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa
  3. same thing received must be returned otherwise estafa; sale on credit by agency when it was to be sold for cash – estafa
  4. Estafa – not affected by Novation of Contract because it is a public offense
  5. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors
  6. Misappropriating – to take something for one’s own benefit

g.  Converting – act of using or disposing of another’s property as if it was one’s own; thing has been devoted for a purpose or use different from that agreed upon

  1. There must be prejudice to another – not necessary that offender should obtain gain
  2. When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in conspiracy with him may be held liable for estafa
  1. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued.  BUT if property is received for specific purpose and is misappropriated – estafa!
  2. Failure to account after the DEMAND is circumstantial evidence of misappropriation
  3. DEMAND is not a condition precedent to existence of estafa when misappropriation may be established by other proof
  4. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to him – otherwise, Estafa
  5. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft

Estafa with Abuse of Confidence

Malversation

Offenders are entrusted with funds or property and are continuing offenses offenders are entrusted with funds or property and are continuing offenses
Funds: always private Funds: public funds or property
Offender: private individual, or public officer not accountable Offender:  public officer accountable for public funds
Committed by misappropriating, converting, denying having received money Committed  by appropriating, taking,

misappropriating

E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: (315)

  1. That the paper with the signature of the offended party be in blank.
  2. That the offended party should have delivered it to offender.
  3. That above the signature of the offended party a document is written by the offender without authority to do so.
  4. That the document so written creates a liability of, or causes damage to, the offended party or any third person.

Note: If the paper with signature in blank was stolen – Falsification if by making it appear that he participated in a transaction when in fact he did not so participate.

F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)

  1. that there must be a false pretense, fraudulent means must be made or executed prior to or
  2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud.
  3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means.
  4. That as a result thereof, the offended party suffered damage.

Notes:

  1. False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the thing by the complainant
  2. There must be evidence that the pretense of the accused that he possesses power/influence is false.

G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315)

  1. That the offender postdated a check, or issued a check in payment of an obligation.
  2. That such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check.

Notes:

  1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
  2. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after notice of.
  3. No funds in the bank or his funds are not sufficient
  4. If check was issued in payment of pre-existing debt – no estafa
  5. Offender must be able to obtain something from the offended party by means of the check he issues and delivers
  6. If postdating a check issued as mere guarantee/promissory note – no estafa.

H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22

  1. That a person makes or draws and issues any check.
  2. That the check is made or drawn and issued to apply on account or for value.
  3. That the person who makes or draws and issues the check  knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment.
  1. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been

dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment.

Note: Failure to make good within 5 banking days prima facie evidence of knowledge of  lack and insufficiency

I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22

  1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check.
  2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within

a period of 90 days from the date appearing thereon.

  1. That the check is dishonored by the drawee bank.

Note: Failure to make good within 5 banking days prima facie evididence of knowledge of lack and insufficiency

J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.

K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315)

  1. That the offender induced the offended party to sign a document.
  2. That deceit be employed to make him sign the document.
  3. That the offended party personally signed the document.
  4. That prejudice be caused.

Note: If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification; but where the accused made representation to mislead the complainants as to the character of the documents – estafa

L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: (315)

  1. That there be court records, office files, documents or any other papers.
  2. That the offender removed, concealed or destroyed any of them.
  3. That the offender had intent to defraud another.

Note: No intent to defraud – destroying or removal = malicious mischief

M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form of estafa)

THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:

  1. The offender party being deprived of his money or property, as a result of the defraudation.
  2. Disturbance in property right or
  3. Temporary prejudice.

N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME: (316)

  1. That the thing be immovable, such as a parcel of land or a building.
  2. That the offender who is not the owner of said property represented that he is the owner thereof.
  3. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property).
  4. That the act be made to the prejudice of the owner or a third person.

ESTAFA

INFIDELITY IN THE CUSTODY OF DOCUMENTS

Private individual was entrusted

Public officer entrusted

Intent to defraud

No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (316)

  1. that the thing disposed of be real property.
  2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not.
  3. That there must be express representation by the offender that the real property is free from encumbrance.
  4. That the act of disposing of the real property be made to the damage of another.

P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316)

  1. That the offender is the owner of personal property.
  2. That said personal property is in the lawful possession of another.
  3. That the offender wrongfully takes it from its lawful possessor.
  4. That prejudice is thereby caused to the possessor or third person.

Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING, MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS SURETY: (316)

  1. That the offender is a surety in a bond given in a criminal or civil  action.
  2. That he guaranteed the fulfillment of such obligation with his real property or properties.
  3. That he sells, mortgages, or, in any other manner encumbers said real property.
  4. That such sale, mortage or encumbrance is (a) without express authority from the court, or (b) made before the cancellation of his bond, or (c) before being relieved from the obligation contracted by him.

R. ELEMENTS OF SWINDLING A MINOR: (317)

  1. That the offender takes advantage of the inexperience or emotions or feelings of a minor.
  2. That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right.
  3. That the consideration is (a) some loan of money (b) credit or (c) other personal property.
  4. That the transaction is to the detriment of such minor.

S. ELEMENTS OF OTHER DECEITS: (318)

  1. not mentioned above;
  2. interpretation of dreams, forecast, future-telling for profit or gain.

 

VII. CHATTEL MORTGAGE

A. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (319)

  1. That personal property is already pledged under the terms of the chattel mortgage law.
  2. That the offender, who is the mortgagee of such property, sells or pledges the same or any part thereof.
  3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds.

B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (319)

  1. that personal property is mortgaged under the chattel mortage law.
  2. That the offender knows that such property is so mortaged.
  3. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage.
  4. that the removal is permanent.
  5. That there is no written consent of the mortgagee or his executors, administration or assigns to such removal.

VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

(Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived Art 320)

A.   ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES

  1. That an uninhabited hut, storehouse, barn, shed or any other property is burned
  2. That the value of the property burned does not exceed 25 pesos
  3. That the burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading

B.   ELEMENTS OF CRIME INVOLVING DESTRUCTION

  1. That the offender causes destruction of the property
  2. That the destruction was done by means of:
  1. explosion
  2. discharge of electric current
  3. inundation
  4. sinking or stranding of a vessel
  5. damaging the engine of the vessel
  6. taking up rails from the railway track
  7. destroying telegraph wires and posts or those of any other system
  8. other similar effective means of destruction

C.   ELEMENTS OF BURNING ONE’S PROPERTY AS A MEANS TO COMMIT ARSON

  1. That the offender set fire to or destroyed his own property
  2. That the purpose of the offender in doing so was to commit arson or to cause a great destruction
  3. That the property belonging to another was burned or destroyed

D.   ELEMENTS OF ARSON

  1. That the property burned is the exclusive property of the offender
  2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b) prejudice is actually caused, or (c) the thing burned is a building in an inhabited place

 

IX. MALICIOUS MISCHIEF

A. ELEMENTS OF MALICIOUS MISCHIEF: (326)

  1. That the offender deliberately caused damage to the property of another.
  2. That such act does not constitute arson or other crimes involving destruction.
  3. That the act damaging another’s property be committed merely for the sake of damaging it.

Notes:

  1. Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive
  2. No negligence
  3. Example. Killing the cow as revenge
  4. If no malice – only civil liability
  5. Damage is also diminution in value
  6. But after damaging the thing, he used it = theft
  7. Damage is not incident of a crime (breaking windows in robbery)

B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328)

  1. Obstruct performance of public functions.
  2. Using poisonous or corrosive substances.
  3. Spreading infection or contagious among cattle.
  4. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public.

Note: Qualified malicious mischief – no uprising or sedition (#1)

C. ELEMENTS OF OTHER MISCHIEF: (329)

  1. Not included in 328
  1. scattering human excrement
  2. killing of cow as an act of revenge

D. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF COMMUNICATION: (330)

Notes:

  1. done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal system of railways
  2. removing rails from tracks is destruction (art 324)
  3. not applicable when telegraph/phone lines don’t pertain to railways (example: for transmission of electric power/light)
  4. people killed as a result:
  5. circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or other accident – a higher penalty shall be imposed
  1. murder – if derailment is means of intent to kill
  2. none – art 48

E. ELEMENTS OF DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS: (331)

F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (332)

Persons exempt from criminal liability:

  1. Spouse, ascendants and descendants or relatives by affinity in the same line
  2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another
  3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together

Offenses involved in the exemption:

  1. Theft
  2. Swindling
  3. Malicious mischief

Notes:

  1. Exemption is based on family relations
  2. Parties to the crime not related to the offended party still remains criminally liable
  3. Persons exempt include:
    1. stepfather/mother (ascendants by affinity)
    2. adopted children (descendants)
    3. concubine/paramour (spouse)
    4. common law spouse (propert is part of their earnings)

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Criminal Law Book 2 – Title Nine

TITLE NINE

I.      CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

 A.   ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267)

    1. Offender is a private individual
    2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty
    3. The act of detention or kidnapping must be illegal
    4. That in the commission of the offense, any of the following circumstances are present (becomes serious)
      1. that the he kidnapping/detention lasts for more than 3 days
      2. that it is committed simulating public authority
      3. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or
      4. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer

Note: When death penalty is imposed:

  1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned are present in the commission of the offense (even if none of the circumstances are present)
  2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts

B.   ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268)

    1. Offender is a private person
    2. He kidnaps or detains another or in any other maner deprives him pof his liberty / furnished place for the perpetuation of the crime
    3. That the act of detention or kidnapping must be illegal
    4. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267

Note: Privileged mitigating circumstances:

If the offender:

  1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention
  2. without having attained the purpose intended and
  3. before the institution of criminal proceedings against him

C.   ELEMENTS OF UNLAWFUL ARREST: (269)

  1. That the offender arrests or detains another person
  2. That the purpose of the offender is to deliver him to the proper authorities
    1. That the arrest or detention is not authorized by law or there is no reasonable ground therefor

Notes:

  1. Offender is any person, so either a public officer or private individual
  2. Refers to warrantless arrests
  3. In art 125, the detention is for some legal ground while here, the detention is not authorized by law
  4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here, the arrest is not authorized by law

D.   ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270)

    1. That the offender is entrusted with the custody of a minor person (whether over or under 7 but less than 18 yrs old)
    2. That he deliberately fails to restore the said minor to his parents

E.    ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271)

    1. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted with his custody
    2. That the offender induces a minor to abandon such home

Notes:

  1. Inducement must be actual, committed with criminal intent and determined by a will to cause damage
  2. Minor should not leave his home of his own free will
  3. Mitigating if by father or mother

F. ELEMENTS OF SLAVERY: (272)

  1. That the offender purchases. Sells, kidnaps or detains a human being.
  2. That the purpose of the offender is to enslave such human being.

Note: Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher

G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)

  1. That the offender retains a minor in his service.
  2. That it is against the will of the minor.
  3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.

H.   ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274)

  1. That the offender compels a debtor to work for him, either as household servant or farm laborer.
  2. That it is against the debtor’s will.
  3. That the purpose is to require or enforce the payment of a debt.

II. CRIMES AGAINST SECURITY

A.   ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM: (275)

Acts punishable:

  1. By failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense

Elements:

  1. That place is not inhabited.
  2. The accused found there a person wounded or in danger of dying.
  3. The accused can render assistance without detriment to himself.
    1. The accused fails to render assistance.

 

  1. By failing to help or render assistance to another whom the offender has accidentally wounded or injured
  2. By failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place.

B. ELEMENTS OF ABANDONING A MINOR: (276)

  1. That the offender has the custody of a child.
  2. That the child is under seven years of age.
  3. That he abandons such child.
  4. That he has no intent to kill the child when the latter is abandoned.

Notes:

  1. Conscious, deliberate, permanent, unless punishable by a more serious offense
  2. Qualifying circumstances:
    1. when the death of the minor resulted from such abandonment
    2. if the life of the minor was in danger because of the abandonment

C.   ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS: (277)

Acts punished:

  1. By delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities

Elements:

  1. That the offender has charged of the rearing or education of a minor.
  2. That he delivers said minor to a public institution or other persons.
  3. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent; the proper authorities have not consented to it.
  4. By neglecting his (offender’s) children by not giving them education which their station in life requires and financial condition permits

Elements:

  1. That the offender is a parent.
  2. That he neglects his children by not giving them education.
  3. That his station in life requires such education and his financial condition permits it.

D.   ELEMENTS OF EXPLOITATION OF MINORS: (278)

Acts punished:

  1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person
  2. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar calling
  3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings
  4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child
  5. By inducing any child under 16 to abandon the home of its ascendants; guardians, curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar, the offender being any person

Note: Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is higher.

E.   ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)

 

F. ELEMENTS OF TRESPASS TO DWELLING: (280)

  1. That the offender is a private person.
  2. That he enters the dwelling of another.
  3. That such entrance is against the latter’s will.

Notes:

  1. Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty is higher
  2. There must be an opposition to the entry of the accused
  3. Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window
  4. Prohibition is not necessary when violence or intimidation is employed by the offender
  5. When there is no overt act of the crime intended to be committed, this is the crime
  6. May be committed even by the owner (as against the actual occupant)
  7. Not applicable to:
  1. entrance is for the purpose of preventing harm to himself, the occupants or a third person
  2. purpose is to render some service to humanity or justice
  3. place is a café, tavern etc while open

8. Medina case: when the accused entered the dwelling through the window, he had no intent to kill any person inside, but the intention to kill came to his mind when he was being arrested by the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide

G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)

  1. That the offender enters the closed premises or the fenced estate of another.
  2. That the entrance is made while either of them is uninhabited.
  3. That the prohibition to enter be manifest.
  4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

H.   GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)

Acts punishable:

  1. By threatening another with the infliction upon his person, honor or property that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender (Note: threat is with condition)

Elements:

  1. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong.
  2. That such wrong amounts to a crime.
  3. That there is a demand for money or that any other condition is imposed, even though not unlawful.
  4. That the offender attains his purpose.
  5. By making such threat without the offender attaining his purpose
  6. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition (Note: threat is without condition)

Elements:

  1. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong.
  2. That such wrong amounts to a crime.
  3. That the threat is not subject to a condition

Notes:

  1. Aggravating circumstances: if made in writing or thru a middleman
  2. Frustrated – if not received by the person being threatened
  3. Art 284 bond from good behavior may be imposed (only in these offenses)

I.   ELEMENTS OF LIGHT THREATS: (283)

  1. That the offender makes a threat to commit a wrong.
  2. That the wrong does not constitute a crime.
  3. That there is a demand for money or that other condition is imposed, even though not unlawful
  4. That the offender has attained his purpose or, that he has not attained his purpose

Art 284 bond from good behavior may be imposed Notes:

  1.  (only in these offenses)
  2. The wrong does not amount to a crime

J.  BOND FOR GOOD BEHAVIOR: (284)

K.  ELEMENTS OF OTHER LIGHT THREATS: (285)

  1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-defense.
  2. In the heat of anger, person orally threatens another with some harm constituting a crime, without persisting in the idea involved in the threat. Subsequent acts did not persist.
  3. Person orally threatens another with harm not constituting a felony.

L.  ELEMENTS OF GRAVE COERCIONS: (286)

  1. That a person prevented another from doing something OR not to do something against his will, be it right or wrong;
  2. That the prevention or compulsion be effected by violence, of force as would produce intimidation and control the will.
  3. That the person that restrained the will and liberty by another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

M.  ELEMENTS OF LIGHT COERCIONS: (287)

  1. That the offender must be a creditor.
  2. That he seizes anything belonging to his debtor.
  3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;
  4. That the purpose of the offender is to apply the same to the payment of the debt.

N.  ELEMENTS OF OTHER SIMILAR COERCIONS: (288)

ELEMENTS OF NO. 1

  1. That the offender is any person, agent or officer of any association or corporation.
  2. That he or such firm or corporation has employed laborers or employees.
  3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation.

ELEMENTS OF NO. 2

  1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects.
  2. That those tokens or objects are other than the legal tender currency to the Philippines.
  3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects.

O. ELEMENTS OF FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS: (289)

  1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work
  2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees.

 

III. DISCOVERY AND REVELATION OF SECRETS

A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290)

  1. That the offender is a private individual or even a public officer not in the exercise of his official function,
  2. That he seizes the papers or letters of another.
  3. That the purpose is to discover the secrets of such another person.
  4. That offender is informed of the contents or the papers or letters seized.

Notes:

  1. Not applicable to parents with respect to minor children
  2. Contents need not be secret but purpose prevails
  3. Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a 3rd person, the penalty is higher

B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)

  1. That the offender is a manager, employee or servant.
  2. That he learns the secrets of his principal or master in such capacity.
  3. That he reveals such secrets.

C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)

  1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment.
  2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned.
  3. That the offender reveals such secrets.
  4. That the prejudice is caused to the owner.

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Criminal Law Book 2 – Title Eight

TITLE EIGHT

I. CRIMES AGAINST PERSONS

 

DESTRUCTION OF LIFE

A. ELEMENTS OF PARRICIDE: (246)

  1. That a person is killed.
  2. That the deceased is killed by the accused.
  3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused.

Notes:

  1. The relationship of the offender with the victim is the essential element of the felony
  2. Parents and children are not included in the term “ascendants” or “descendants”
  3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate
  4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
  5. Relationship must be alleged
  6. A stranger who cooperates in committing parricide is liable for murder or homicide
  7. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship

B.  DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES

Requisites:

  1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person
  2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter
  3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse.

Notes:

  1. Article does not define or penalize a felony
  2. Not necessary that the parent be legitimate
  3. Article applies only when the daughter is single
  4. Surprise: means to come upon suddenly or unexpectedly
  5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, it is enough that circumstances reasonably show that the carnal act is being committed or has been committed
  6. Sexual intercourse does not include preparatory acts
  7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of one continuous act
  8. The killing must be the direct by-product of the rage of the accused
  9. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony

C. ELEMENTS  OF MURDER: (248)

  1. That a person was killed.
  2. That the accused killed him.
  3. That the killing was attended by any of the following qualifying circumstances
    1. with treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity
    2. in consideration of price, reward or promise
    3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin
    4. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity
    5. with evident premeditation
    6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse
  4. The killing is not parricide or infanticide.

Notes:

  1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder
  2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or included in one qualifying circumstance. They cannot be considered as generic aggravating circumstances
  3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances
  4. Treachery and premeditation are inherent in murder with the use of poison.

D. ELEMENTS OF HOMICIDE: (249)

  1. That a person was killed.
  2. That the accused killed him without any justifying circumstances.
  3. That the accused had the intention to kill, which is presumed.
  4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

Notes:

  1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide
  2. There is no crime of frustrated homicide through negligence
  3. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide
  4. In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim

E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250)

F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)

  1. That there be several persons.
  2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally.
  3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner.
  4. That someone was killed in the course of the affray.
  5. That it cannot be ascertained who actually killed the deceased.
  6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

Notes:

  1. Tumultuous affray exists hen at least 4 persons take part in it
  2. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray
  3. Persons liable are:
    1. person/s who inflicted serious physical injuries
    2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252)

  1. that there is a tumultuous affray as referred to in the preceding article.
  2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only.
  1. that the person responsible therefor cannot be identified.
  2. That all those who appear to have used violence upon the person of the offended party are known.

H.GIVING ASSISTANCE TO SUICIDE: (253)

  • Acts punishable:
  1. Assisting another to commit suicide, whether the suicide is consummated or not
  2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.
  • Notes:
  1. A person who attempts to commit suicide is not criminally liable
  2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion
  3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder
  4. Penalty is mitigated if suicide is not successful.

I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)

  1. that the offender discharges a firearm against or at another person.
  2. That the offender has no intention to kill that person.
  • Notes:
  1. The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article
  2. A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun against the house of the offended party at random, not knowing in what part of the house the people were, it is only alarm under art 155.
  3. Usually, the purpose of the offender is only to intimidate or frighten the offended party
  4. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards
  5. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party.

J. ELEMENTS OF INFANTICIDE: (255)

  1. That a child was killed.
  2. That the deceased child was less than three days (72 hours) of age.
  3. That the accused killed the said child.

Notes:

  1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide
  2. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating
  3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal
  4. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed.

K. ELEMENTS OF INTENTIONAL ABORTION: (256)

  1. That there is a pregnant woman.
  2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman.
  3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom.
  4. That the abortion is intended.

L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)

  1. That there is a pregnant woman.
  2. That violence is used upon such pregnant woman without intending an abortion.
  3. That the violence is intentionally exerted.
  4. That as a result of the violence that fetus dies, either in the womb or after having been expelled therefrom.

Notes:

  1. Unintentional abortion can also be committed through negligence
    1. The accused can only be held liable if he knew that the woman was pregnant
    2. If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does not apply.

M. ELEMENTS  OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258)

  1. That there is a pregnant woman who has suffered an abortion.
  2. That the abortion is intended.
  3. That the abortion is caused by –
    1. the pregnant woman herself
    2. any other person, with her consent, or
    3. any of her parents, with her consent for the purpose of concealing her dishonor.

Notes:

  1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor
  2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for art 258

N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES: (259)

  1. That there is a pregnant woman who has suffered an abortion.
  2. That the abortion is intended.
  3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion.
  4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.

Notes:

  1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used
  2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice

O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)

Acts punished:

  1. Killing one’s adversary in a duel
  2. Inflicting upon the adversary serious physical injuries
  3. Making a combat although no physical injuries have been inflicted

Persons liable:

  1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases
  2. Accomplices – as seconds

Notes:

  1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight
  2. If death results, the penalty is the same as that for homicide

P. CHALLENGING TO A DUEL: (261)

Acts punishable:

  1. Challenging another to a duel
  2. Inciting another to give or accept a challenge to a duel
  3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel

Persons liable:

  1. Challenger
  2. Instigators

II. PHYSICAL INJURIES

  1. A.   MUTILATION: (262)

Kinds of Mutilation

  1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction
  2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body

Elements:

  1. There be a castration i.e. mutilation of organs necessary for generation
  2. Mutilation is caused purposely and deliberately

Notes:

  1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind
  2. Mayhem: refers to any other intentional mutilation
  1. B.   SERIOUS PHYSICAL INJURIES: (263)

How Committed

  1. Wounding
  2. Beating
  3. Assaulting
  4. Administering injurious substances

What are serious physical injuries:

  1. Injured person becomes insane, imbecile, impotent or blind
  2. Injured person –
    1. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg
    2. loses the use of any such member
    3. becomes incapacitated for the work in which he had been habitually engaged
  3. Injured person –
    1. becomes deformed
    2. loses any other member of his body
    3. loses the use thereof
    4. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days
      1. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days)

Notes:

  1. Serious physical injuries may be committed through reckless imprudence or simple imprudence
  2. There must be no intent to kill
  3. Impotent should include inability to copulate and sterility
  4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated
  5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3
  6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
  7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal member
  8. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible
  9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity

10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature

11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity

12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the same

13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body

14. If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time

15. Under par 4, all that is required is illness or incapacity, not medical attendance

16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or preparation for a profession

17. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered  as slight physical injuries

18. There is no incapacity if the injured party could still engage in his work although less effectively than before

19. Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries

 

  1. C.   ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)
    1. That the offender inflicted upon another person any serious physical injury
    2. That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity
    3. He had no intent to kill

Notes:

  1. It is frustrated murder when there is intent to kill
  2. Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated.
  1. D.   ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)
    1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time
    2. That the physical injuries must not be those described in the preceding articles

Notes:

  1. Circumstances qualifying the offense:
    1. when there is manifest intent to insult or offend the injured person
    2. when there are circumstances adding ignominy to the offense
    3. when the victim is either the offender’s parents, ascendants, guardians, curators or teachers
    4. when the victim is a person of rank or person in authority, provided the crime is not direct assault
    5. It falls under this article even if there was no incapacity but the medical treatment was for 13 days
  1. E.   SLIGHT PHYSICAL INJURIES: (266)

3 Kinds:

  1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period
  2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. Black-eye)
  3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing dishonor)
  1. F.    RAPE (ART 355)

The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3

Elements: Rape is committed

  1. By a man who have carnal knowledge of a woman under any of the following circumstances:
    1. through force, threat or intimidation
    2. when the offended party is deprived of reason or otherwise unconscious
    3. by means of fraudulent machination or grave abuse of authority
    4. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present
    5. By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit an ac of sexual assault by inserting
      1. his penis into another person’s mouth or anal orifice, or
      2. any instrument or object, into the genital or anal orifice of another person

Rape committed under par 1 is punishable by:

  1. reclusion perpetua
  2. reclusion perpetuato DEATH when
    1. victim became insane by reason or on the occasion of rape
    2. b.    the rape is attempted and a homicide is committed by reason or on the occasion thereof
  3. DEATH when
    1. homicide is committed
    2. victim under 18 years and offender is:
      1. parent
      2. ascendant
      3. step-parent
      4. guardian
      5. relative by consanguinity or affinity with the 3rd civil degree or
      6. common law spouse of parent of victim
    3. c.    under the custody of the police or military authorities or any law enforcement or penal institution
    4. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of consanguinity
    5. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime
    6. a child below 7 years old
    7. g.    offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim
    8. h.    offender; member of the AFP, or para-military units thereof, or the PNP, or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime
    9. victim suffered permanent physical mutilation or disability
    10. j.      the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
    11. k.    when the offender knew of the mental disability, emotional disorder and/or physical handicap or the offended party at the time of the commission of the crime

Rape committed under par 2 is punishable by:

  1. 1.    prision mayor
  2. 2.    prision mayor to reclusion temporal
    1. use of deadly weapon or
    2. by two or more persons
  3. reclusion temporal – when the victim has become insane
  4. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed
  5. reclusion perpetua – homicide is committed by reason or on occasion of rape
  6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above

Notes:

  1. The underscored words are the amendments provided by RA 8353
  2. Dividing age in rape:
    1. less than 7 yrs old, mandatory death
    2. less than 12 yrs old, statutory rape
    3. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Criminal Law Book 2 – Title Seven

TITLE SEVEN

CRIMES COMMITTED BY PUBLIC OFFICERS

Article 203

  • WHO ARE PUBLIC OFFICERS:
  1. Takes part in the performance of public functions in the Government, or
  2. Performs public duties as an employee, agent or subordinate official in the gov’t or any of its branches
  • Notes:
  1. Public officer must derive his authority from:
  2. direct provision of law
  3. popular election
  4. appointment by competent authority
  5. Public officers: embraces every public servant from the lowest to the highest rank
  6. A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer
  7. Misfeasance: means improper performance of an act which might be properly be performed
  8. Malfeasance: means performance of an act which ought not to be done
  9. Nonfeasance: means omission of an act which ought to be done

 

MALFEASANCE AND MISFEASANCE IN OFFICE

Malfeasance Doing of an act which a public officer should not have done
Misfeasance Improper doing of an act which a person might lawfully do
Nonfeasance Failure of an agent to perform his undertaking for the principal
  • ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT:
  1. Offender is a judge
  2. Renders a judgment in the case submitted to him for judgment
  3. Judgment is unjust
  4. Knowledge that the decision is unjust
  • Notes:
  1. Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding
  2. Unjust judgment: one which is contrary to law, or not supported by the evidence, or both
  3. An unjust judgment may result from:
  4. error (with bad faith)
  5. ill-will or revenge
  6. bribery
    1. There must be evidence that the decision rendered is unjust. It is not presumed
    2. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration).

 

Article 205

  • ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:
  1. Offender  is a judge
  2. Renders a judgment in a case submitted to him for decision
  3. Judgment is manifestly unjust
  4. Due to inexcusable negligence or ignorance
  • Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice

 

Article 206

  • ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
  1. That the offender is a judge.
  2. That he performs any of the following acts:
    1. knowingly renders unjust interlocutory order or decree, or
    2. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.
  • Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final determination of the issues of the action or proceeding

 

Article 207

  • ELEMENTS OF MALICIOUS DELAY IN THE  ADMINISTRATION OR JUSTICE:
  1. That the offender is a judge.
  2. That there is a proceeding in his court.
  3. That he delays the administration of justice.
  4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.
  • Mere delay without malice is not punishable

 

Article 208

  • ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
  1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses.
  2. That there is dereliction of the duties of his office, that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery)
  3. That the offender acts with malice and deliberate intent to favor the violator of the law.
  • PREVARICACION: negligence and tolerance in the prosecution of an offense
  • There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court
  • The crime must be proved first before an officer can be convicted of dereliction of duty
  • A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory
  • Article not applicable to revenue officers

 

Article 209

  • ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT):
  1. Causing damage to client (prejudice is essential) either
    1. by any malicious breach of professional duty, or
    2. by inexcusable negligence or ignorance.
    3. Revealing any of the secrets of his client learned by him in his professional capacity (damage not necessary)
    4. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latter’s consent (damage not necessary)

 

Article 210

  • ELEMENTS OF DIRECT BRIBERY:
  1. That the offender be a public officer within the scope of Art 203
  2. That the offender accepts an offer or promise or receives a gift or present by himself or through another
  3. That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime)
    1. with a view to committing some crime (delivery of consideration is not necessary) or
    2. in consideration of an execution if an act which does not constitute a crime, but the act must be unjust (delivery of consideration is necessary), or
    3. to refrain from doing something which is his official duty to do
    4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties
  • For purposes of this article, temporary performance of public functions is sufficient to constitute a person a public officer.  A private person may commit this crime only in the case in which custody of prisoners is entrusted to him
  • Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties
  • Cannot be frustrated, only attempted or consummated.
  • Bribery exists when the gift is:
  • Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer
  • The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or services
  • If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime
  • The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This is not necessary in prevaricacion
  1. voluntarily offered by a private person
  2. solicited by the public officer and voluntarily delivered by the private person
  3. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness).

Bribery (210)

Robbery (294)

When the victim has committed a crime and gives money/gift to avoid arrest or prosecution. When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property.
Victim parts with his money or property voluntarily. Victim is deprived of his money or property by force or intimidation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT

RA 3019

  • Persons Liable:
  1.  Any public officer who shall perform any of the following acts:
  2. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the government in which such public official has to intervene (Sec. 4)
  3. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4)
  4.  Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the gov’t (Sec. 5).
  1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
  2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law.
  3. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner of capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to be given.
  4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.
  5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest partiality, evident bad faith or gross inexcusable negligence.  This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
  6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party.
  7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
  8. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest.
  9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.
  10. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
  11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

This prohibition shall not apply to:

  1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the gov’t along the same line of business;
  2. Any transaction, contract or application already existing or pending at the time of such assumption of public office;
  3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law;
  4. Any act lawfully performed an official capacity or in the exercise of a profession.
  5. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term.
  6. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7).

II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)

  • If a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income.
  • Properties in the name of the spouse and dependents of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown.
  • Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income.

III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the

Sandiganbayan (Sec. 10).

IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11).

V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec. 14).

Article 211

  • ELEMENTS OF INDIRECT BRIBERY:
  1. That the offender is a public officer.
  2. That he accepts gifts.
  3. That the said gifts are offered to him by reason of his office.
  • The gift is given  in anticipation of future favor from the public officer
  • There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer
  • There is no attempted or frustrated indirect bribery
  • The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office
  • Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under PD 46.
  • The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service

 

Article 211-A

  • ELEMENTS OF QUALIFIED BRIBERY
  1. Public officer entrusted with law enforcement
  2. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death
  3. (if lower penalty than stated above, the crime is direct bribery)
  4. In consideration of any offer, promise or gift

 

Article 212

  • ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
  1. That the offender makes offers or promises or gives gifts or present to a public officer.
  2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery
  • The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished
  • Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances:
  1. information refers to consummated violations
  2. necessity of the information or testimony
  3. the information and testimony are not yet in the possession of the State
  4. information and testimony can be corroborated on its material points
  5. informant has been previously convicted of a crime involving moral turpitude
  • See the Anti-graft and Corrupt Practices Act

II. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

 

Article 213

  • ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)
  1. That the offender be a public officer.
  2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity.
  3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds.
  4. That the accused had intent to defraud the government.
  •  Notes:
  1. The public officer must act in his official capacity
  2. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government
  • ELEMENTS OF ILLEGAL EXACTIONS:
  1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts.
  2. He is guilty of any of the following acts or omissions:
    1. demanding, directly or indirectly the payment of sums different from or larger than those authorized by law, or
    2. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or
    3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.
  • Notes:
  1. Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection (damage to gov’t is not required)
  2. If sums are received without demanding the same, a felony under this article is not committed.  However, if the sum is given as a sort of gift or gratification, the crime is indirect bribery
  3. When there is deceit in demanding larger fees, the crime committed is estafa
  4. May be complexed with malversation
  5. Officers and employees of the BIR or Customs are not covered by the article
  6. The NIRC of Administrative Code is the applicable law

 

Article 214

  • ELEMENTS OF OTHER FRAUDS:
  1. That the offender is a public officer.
  2. That he takes advantage of his official position.
  3. That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa; swindling)
  • Note: RTC has jurisdiction over the offense because the principal penalty is disqualification

 

Article 215

  • ELEMENTS OF PROHIBITED TRANSACTIONS:
  1. That the offender is an appointive public officer.
  2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation.
  3. That the transaction takes place within the territory subject to his jurisdiction.
  4. That he becomes interested in the transaction during his incumbency.
  • Notes:
  1. Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc wherein one hopes to take advantage of an expected rise or fall in price
  2. Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation

 

Article 216

POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :

  • Who are liable:
  1. Public officer – in any contract or business in which it is his official duty to intervene.
  2. Experts, arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted.
  3. Guardians and executors – with respect to property belonging to their wards or the estate.
  • Notes:
  1. Actual fraud is not necessary.
  2. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents


AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

RA 7080

  1. Definition of Ill-gotten wealth:

Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the following means or similar schemes:

  1. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury.
  2. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned;
  3. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries;
  4. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of interest or participation, including the promise of future employment in any business enterprise or undertaking.
  5. By establishing agricultural, industrial or commercial monopolies or other combinations, and/or implementation of decrees and orders intended to benefit particular persons or special interests;
  6. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of the Philippines.

 

  1. Persons Liable:
    1. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates and subordinates or other persons, amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under (I) in the aggregate amount or total value of at least 50 million pesos, shall be guilty of the crime of plunder (as amended by RA 7659).
    2. Any person who participated with the said public officer in the commission of plunder.
  1. Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the Sandiganbayan.
  1. Rule of Evidence:

For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.

  1. Prescription of Crime:

The crime of plunder shall prescribe in 20 years.  However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches or estoppel.

 

III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY

 

Article 217

  • ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY :
  1. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers)
  2. That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified theft)
  3. That those funds or property were public funds or property (even if private funds if attached, seized, deposited or commingled with public funds)
  4. That he:
    1. Appropriated the funds or property
    2. Took or misappropriated them
    3. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property. (it is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed)
  • Malversation is otherwise called embezzlement
  • It can be committed either with malice or through negligence or imprudence
  • In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation
  • The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa
  • When a public officer has official custody or the duty to collect or receive funds due the government, or the obligation to account for them, his misappropriation of the same constitutes malversation
  • A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior, he cannot be held liable under this article
  • Private individuals can also be held liable for malversation under 2 circumstances:
  1. when they are in conspiracy with public officers; and
  2. when they have charge of national, provincial or municipal funds, revenues or property in any capacity
  • In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating fraud or malice
  • The measure of negligence to be observed is the standard of care commensurate with the occasion
  • When malversation is not committed through negligence, lack of criminal intent or good faith is a defense
  • The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise
  • Returning the embezzled funds is not exempting, it is only mitigating
  • There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place
  • A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation
  • Demand as well as damage to the government are not necessary elements

Malversation (217)

Estafa with Abuse of Confidence (315)

Funds or property usually public Funds/property are always private
Offender is usually a public officer who is accountable for the public funds/property Offender is a private individual or even a public officer who is not accountable for public funds/property
Crime is committed by approaching, taking, or misappropriating/consenting, or through abandonment or negligence, permitting any other person to take the public funds/property Crime is committed by misappropriating, converting, or denying having received money, goods or other personal property

 

Article 218

  • ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS :
  1. That the offender is a public officer, whether in the service or separated therefrom.
  2. That he must be an accountable officer for public funds property.
  3. That he is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor.
  4. That he fails to do so for a period of two months after such accounts should be rendered.
  • Note: Demand and misappropriation are not necessary

 

Article 219

  • ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY :
  1. That the offender is a public officer.
  2. That he must be an accountable officer for public funds or property.
  3. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled.
  • Note: The act of leaving the Philippines must be unauthorized or not permitted by law

 

Article 220

  • ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation):
  1. That the offender is a public officer.
  2. That there is public fund or property under his administration.
  3. That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation even if applied to other public purpose).
  4. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance.
  • To distinguish this article with Art 217, just remember that in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use
  • Absence of damage is only a mitigating circumstance

 

Article 221

  • ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
  1. Offender has gov’t funds or property in his possession
  2. He is under obligation to either:
    1. make payment from such funds
    2. to deliver property in his custody or administration when ordered by competent authority
    3. He maliciously fails or refuses to do so
  • Note: Penalty is based on value of funds/property to be delivered

 

Article 222

  • PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221
  1. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property
  2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual
  • Sheriffs and receivers fall under the term “administrator”
  • A judicial administrator in charge of settling the estate of the deceased is not covered by the article

 

IV. INFIDELITY OF PUBLIC OFFICERS

 

Article 223

  • ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION
  1. That the offender is a public officer (on duty).
  2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
  3. That such prisoner escaped from his custody
  4. That he was in connivance with the prisoner in the latter’s escape
  • Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense
  • The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity
  • There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment

 

Article 224

  • ELEMENTS OF EVASION THROUGH NEGLIGENCE:
  1. That the offender is a public officer.
  2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
  3. That such prisoner escapes through his negligence.
  4. Penalty based on nature of imprisonment
  • The article punishes a definite laxity which amounts to deliberate non-performance of a duty
  • The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation
  • The liability of an escaping prisoner:
  1. if he is a prisoner by final judgment, he is liable for evasion of service (art 157)
  2. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender).

 

Article 225

  • ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER :
  1. That the offender is a private person (note: must be on duty)
  2. That the conveyance or custody of a prisoner or person under arrest is confined to him.
  3. That the prisoner or person under arrest escapes.
  4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence
  • Note: This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested

 

Article 226

  • ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS Infidelity in custody of documents:
  1. That the offender be a public officer.
  2. That he abstracts, destroys or conceals a document or papers.
  3. That the said document or paper should have been entrusted to such public officer by reason of his office.
  4. That damage, whether serious or not, to a third party or to the public interest should have been caused.
  • The document must be complete and one by which a right could be established or an obligation could be extinguished
  • Books, periodicals, pamphlets etc are not documents
  • “Papers” would include checks, promissory notes and paper money
  • A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers
  • Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the intention of the offender is to:
  1. tamper with it
  2. to profit by it
  3. to commit any act constituting a breech of trust in the official thereof
  • Removal is consummated upon removal or secreting away of the document from its usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished
  • Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose
  • Delivering the document to the wrong party is infidelity in the custody thereof
  • The damage may either be great or small
  • The offender must be in custody of such documents

 

Article 227

  • ELEMENTS  OF  OFFICER BREAKING SEAL :
  1. That the offender is a public officer.
  2. That he is charged with the custody of papers or property.
  3. That these papers or property are sealed by proper authority.
  4. That he breaks the seals or permits them to be broken.
  • It is the breaking of the seals and not the opening of a closed envelope which is punished
  • Damage or intent to cause damage is not necessary; damage is presumed

 

Article 228

  • ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
  1. That the offender is a public officer.
  2. That any closed papers, documents, or objects are entrusted to his custody.
  3. That he opens or permits to be opened said closed papers, documents or objects.
  4. That he does not have proper authority.
  • Note: Damage also not necessary

 

Article 229

REVELATION OF SECRET BY AN OFFICER:

  • ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
  1. That the offender is a public officer.
  2. That he knows of a secret by reason of his official capacity.
  3. That he reveals such secret without authority or justifiable reasons.
  4. That damage, great or small, be caused to the public interest.
  5. (damage is essential)
  • Notes:
  1. Secret must affect public interest
  2. Secrets of a private individual is not included
  3. Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting state security, the crime may be espionage.
  • ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED:
  1. That the offender is a public officer.
  2. That he has charge of papers.
  3. That those papers should not be published.
  4. That he delivers those papers or copies thereof to a third person.
  5. That the delivery is wrongful.
  6. That damage be caused to public interest.
  • Notes:
  1. “Charge”: means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article
  2. If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents
  3. Damage is essential to the act committed

 

Article 230

  • ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL:
  1. That the offender is a public officer
  2. That he knows of the secret of a private individual by reason of his office.
  3. That he reveals such secrets without authority or justification reason.
  • Revelation to one person is sufficient
  • If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney)
  • Damage to private individual is not necessary

 

V. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

 

Article 231

  • ELEMENTS OF OPEN DISOBEDIENCE:
  1. That the offender is a judicial or executive officer.
  2. That there is a judgment, decision or order of superior authority.
  3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities.
  4. that the offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey.
  • Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required

 

Article 232

  • ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER:
  1. That the offender is a public officer.
  2.  That an order is issued by his superior for execution.
  3. That he has for any reason suspended the execution of such order.
  4. That his superior disapproves the suspension of the execution of the order.
  5. That the offender disobeys his superior despite the disapproval of the suspension.
  • Note: A public officer is not liable if the order of the superior is illegal

 

Article 233

  • ELEMENTS OF REFUSAL OF ASSISTANCE:
  1. That the offender is a public officer.
  2. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service.
  3. That the offender fails to do so maliciously.
  • Involves a request from one public officer to another
  • Damage to the public interest or third party is essential
  • Demand is necessary

 

Article 234

  • ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:
  1. That the offender is elected by popular election to a public office.
  2. That he refuses to be sworn in or discharge the duties of said office.
  3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.
  • Note: Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service

 

Article 235

  • ELEMENTS OF MALTREATMENT OF PRISONERS:
  1. That the offender is a public officer or employee.
  2. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries)
  3. That he maltreats such prisoner in either of the following manners:
    1. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either –
  • by the imposition of punishments not authorized by the regulations, or
  • by inflicting such punishments (those authorized) in a cruel and humiliating manner, or
  1. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.
  • The public officer must have actual charge of the prisoner in order to be held liable
  • To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while
  • Offender may also be held liable for physical injuries or damage caused

 

Article 236

  • ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:
  1. That the offender is entitled to hold a public office or employment, either by election or appointment.
  2. That the law requires that he should first be sworn in and/or should first give a bond.
  3. That he assumes the performance of the duties and powers of such office.
  4. That he has not taken his oath of office and./or given the bond required by law.

 

Article 237

  • ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:
  1. That the offender is holding a public office.
  2. That the period provided by law, regulations or special provisions for holding such office has already expired.
  3. That he continues to exercise the duties and powers of such office.
  • Note: The article contemplates officers who have been suspended, separated or declared over-aged or dismissed

 

Article 238

  • ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :
  1. That the offender is a public officer.
  2. That he formally resigns from his position.
  3. That his resignation has not yet been accepted.
  4. That he abandons his office to the detriment of the public service.
  • There must be formal or written resignation
  • The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is higher. This involves the following crimes:
  1. treason
  2. conspiracy and proposal to commit conspiracy
  3. misprision of treason
  4. espionage
  5. inciting to war or giving motives to reprisals
  6. violation of neutrality
  7. correspondence with hostile country
  8. flight to enemy country
  9. piracy and mutiny on the high seas
  10. rebellion
  11. conspiracy and proposal to commit rebellion
  12. disloyalty to public officers
  13. inciting to rebellion
  14. sedition
  15. conspiracy to commit sedition
  16. inciting to sedition

Abandonment of Office or Position (238)

Dereliction of Duty (208)

There is actual abandonment through resignation to evade the discharge of duties. Public officer does not abandon his office but merely fails to prosecute a violation of the law.

 

Article 239

  • ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:
  1. That the offender is an executive or judicial officer.
  2. That he (a.) makes general rules or regulations beyond the scope of his authority or (b.) attempts to repeal a law or (c.) suspends the execution thereof.

 

Article 240

  • ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:
  1. That the offender is a  judge.
  2. That he (a.) assumes a power pertaining to the executive authorities, or (b.) obstructs executive authorities in the lawful exercise of their powers.
  • Note: Legislative officers are not liable for usurpation of executive functions

 

Article 241

  • ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
  1. That the offender is an officer of the executive branch of the government.
  2. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order decision rendered by any judge within his jurisdiction.
  • Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality

 

Article 242

  • ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:
  1. That the offender is a public officer.
  2. That a proceeding is pending before such public officer.
  3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided.
  4. That he has been lawfully required to refrain from continuing the proceeding.
  5. That he continues the proceeding.

 

Article 243

  • ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY:
  1. That the offender is an executive officer.
  2. That the addresses any order or suggestion to any judicial authority.
  3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.
  • Note: Legislative or judicial officers are not liable under this article

 

Article 244

  • ELEMENTS OF UNLAWFUL APPOINTMENTS:
  1. That the offender is a public officer.
  2. That he nominates or appoints a person to a public office.
  3. That  such person lacks the legal qualification therefor.
  4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.
  • Recommending, knowing that the person recommended is not qualified is not a crime
  • There must be a law providing for the qualifications of a person to be nominated or appointed to a public office

 

Article 245

  • ELEMENTS OF ABUSES AGAINST CHASTITY:
  1. That the offender is a public officer.
  2. That he solicits or makes immoral or indecent advances to a woman.
  3. That such woman must be –
    1. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer, or
    2. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or
    3. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender
  • The mother of the person in the custody of the public officer is not included
  • Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman
  • The advances must be immoral or indecent
  • The crime is consummated by mere proposal
  • Proof of solicitation is not necessary when there is sexual intercourse

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Criminal Law Book 2 – Title Six

TITLE SIX

I. CRIMES AGAINST PUBLIC MORALS

 

GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)

  1. Illegal cockfighting (PD 449)
  2. Betting, game-fixing or point shaving and machinations in sports contests (PD 438)
  3. Illegal gambling

 

PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND

MACHINATIONS IN SPORTS CONTESTS

PD 483

  • Acts Punishable:
  1. Betting: Betting money or any object or article of value of representative value upon the result of any game, races and other sports contests.
  2. Game-fixing: any arrangement, combination, scheme or agreement by which the result of any game, races, or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants.
  3. Point-shaving: any such arrangement combination, scheme or agreement by which the skill or ability of any player or participant in a fame, races, or sports contests to make points of scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant.
  4. Game Machination: any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sports contest.

 

COCKFIGHTING LAW OF 1974

PD 449

  1. Scope – This law shall govern the establishment, operation, maintenance and ownership of cockpits.
  2. Rules:
    1. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operated cockpits.
    2. Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or less.
    3. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance.
    4. When allowed:
      1. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than 3 days; or
      2. During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of 3 days upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative.

Limitations:

a)    No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of the local fiesta or for more than 2 occasions a year in the same city of municipality.

b)    No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good Friday, Election Day and during registration days for such election/referendum.

  1. If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning balikbayans, or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President upon resolution of a provincial board, city or municipal council, in licensed cockpits or in playgrounds or parks.

Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days, within a year to a province, city or municipality.

  1. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights.
  2. City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits.

II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Article 200

  • ELEMENTS OF GRAVE SCANDAL:
  1. Offender performs an act
  2. Act is highly scandalous as offending against decency or good customs
  3. Highly scandalous conduct does not expressly fall within any other article of the RPC
  4. Committed in a public place or within the public knowledge or view. (The public view is not required, it is sufficient if in public place.  For public knowledge, it may occur even in a private place; the number of people who sees it is not material).
  • Grave scandal: consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts
  • Decency: means properly observing the requirements of modesty, good taste etc
  • Customs: refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation
  • If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable
  • The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it.

 

Article 201

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:

  • Persons liable:
  1. Those who publicly expound or proclaim doctrines that are contrary to public morals
  2. Authors of obscene literature, published with their knowledge in any form
  3. Editors publishing such obscene literature
  4. Owners or operators of establishments selling obscene literature
  5. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place
  6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals
  • Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character
  • Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency.
  • However, Art 201 enumerates what are considered as obscene literature or immoral or indecent plays, scenes or acts:
  • Mere nudity in paintings and pictures is not obscene
  • Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article
  • Publicity is an essential element
  1. those w/c glorify criminals or condone crimes
  2. those w/c serve no other purpose but to satisfy the market for violence, lust or pornography
  3. those w/c offend against any race or religion
  4. those w/c tend to abet the traffic in and the use of prohibited drugs
  5. those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts

 

Article 202

VAGRANTS AND PROSTITUTES:

  • Who are considered vagrants:
  1. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling
  2. Persons found loitering around public and semi-public places without visible means of support
  3. Persons tramping or wandering around the country or the streets with no visible means of support
  4. Idle or dissolute persons lodging in houses of ill-fame
  5. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich)
  6. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason provided the act does not fall within any other article of the RPC
If fenced and with prohibition of entry Trespass to dwelling
If fenced and entered to hunt/fish Attempted theft
If not fenced and with no prohibition of entry Vagrancy
  • Who are considered prostitutes – refer to women who habitually indulge in sexual intercourse or lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy)

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

 

Criminal Law Book 2 – Title Five

TITLE FIVE

CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)

THE DANGEROUS DRUGS ACT OF 1972

(RA No. 6425, as amended)

 

I.          Acts Punishable:

  1. importation of prohibited drugs
  2. sale, administration, delivery, distribution and transportation of prohibited drugs
  3. maintenance of a den, dive or resort for prohibited drug users
  4. being employees or visitors of drug den
  5. manufacture of prohibited drugs
  6. possession or use
  7. cultivation of plants
  8. failure to comply with provisions relative to keeping of records of prescription
  9. unnecessary prescription
  10. possession of opium pipe and other paraphernalia
  11. Importation, sale, etc. of regulated drugs
  • Importation of prohibited/regulated drugs.
  • Sale, administration, delivery, distribution and transaction of prohibited/regulated drugs.

Qualifying Circumstances – if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein shall be imposed.

  • Maintenance of a den, dive, or resort for prohibited/regulated drug users.

Qualifying Circumstance – where a prohibited/regulated drug is administered, delivered, or sold to a minor who is allowed to use the same in such place, or should a prohibited drug be the proximate cause of the death of the person using the same in such den, dive or resort, the maximum of the penalty shall be imposed.

  • Manufacture of prohibited/regulated drugs.
  • Possession of prohibited/regulated drugs.

·         Cultivation of plants which are sources of prohibited drugs.

a     Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part.

b     Qualifying Circumstance – if the land involved is part of the public domain, the maximum of the penalty herein provided shall be imposed.

·         Failure to keep records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated drugs

Persons liable:

Pharmacist, Physician, Dentist, Veterinarian, Manufacturer, Wholesaler, Importer, Distributor, Dealer, Retailer

·         Unlawful prescription of prohibited/regulated drugs

·         Unnecessary prescription of prohibited/regulated drugs

Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof.

·         Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie evidence that the possessor has smoked, consumed, administered to himself, injected or used a prohibited drug.

·         Attempt and conspiracy to commit the following offenses:

a     Importation of dangerous drugs

b     Sale, administration, delivery, distribution and transportation of dangerous drugs

c      Maintenance of a den, dive or resort for prohibited drugs

d     Manufacture of dangerous drugs

e     Cultivation or culture of plants which are sources of prohibited drugs

  • Other persons liable:

a     If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal.

b     Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and supervision of the partnership, corporation, association or judicial entity to which they are affiliated.

c      Government official, employee or officer who is found guilty of “planting” any dangerous drugs in the person or in the immediate vicinity of another as evidence to implicate the latter.

II.         For the purpose of enforcing the provisions of this Act, all school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are vested with the power to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provision.

  1. NOTE: They shall be considered as persons in authority id they are in the school or within its immediate vicinity, or beyond such immediate vicinity of they are in attendance in any school or class function in their official capacity as school heads, supervisors or teachers.
  2. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing, constitute sufficient cause for disciplinary action. (Sec. 28)
  1. III.           Rules:
  1. Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the drug dependent himself or through his parent, guardian or relative within the 4th civil degree of consanguinity or affinity, in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug.
  2. Should the drug dependent escape from the center, he may submit himself for confinement within 1 week from the date of his escape, of his parent guardian or relative may, within the same period surrender him for confinement.
  3. Upon application of the Board, the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment.
  4. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug.
  5. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings, to be a drug dependent, the fiscal or court as the case may be, shall suspend all further proceedings and transmit records of the case to the Board.
  6. After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the judgement shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he shall be given full credit for the period he was confined in the center.

NOTE: When the offense is possession or use of dangerous drugs and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the center upon his release therefrom.

  1. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center.
  2. Requisites of suspension of sentence for first offense in a minor:
  1. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated.
  2. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation.
  • Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board.
  • In case of violation of conditions of pardon, court shall pronounce judgement of conviction and he shall serve sentence.
  • If accused did not violate conditions of probation, case shall be dismissed upon expiration of the designated period.
  • Notes:

a     Cultivation of plants – Sec 9 – land, portions of land, greenhouse on which any of the plants is cultivated – confiscated and escheated to the State. UNLESS: owner can prove that he had no knowledge of the cultivation despite due diligence

b     If land is part of the public domain – maximum penalty imposed

c      Possession of opium pipe and other paraphernalia – prima facie evidence that the possessor has smoked, consumed, administered himself, used prohibited drugs

d     Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when:

Opium                         40 grams up

Morphine                  40 grams up

Shabu                         200 grams up

Heroin                        40 grams up

Indian hemp             750 grams up

MJ resin                      50 grams up

Cocaine                        40 grams up

Other drugs                Quantity far beyond therapeutic requirement

(if quantity is less than prescribed – penalty is PC to RP depending upon the quantity)

e     RA 7659 – PD 1619 – Possession and Use of Volatile Substances

  1. mere attempt to sell, import – already a crime under Article 6
  2. conspiracy to sell, deliver, import – already a crime under Article 8

f       Buy Bust Operation – no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P v. Abedes)

g     Absence of ultraviolet power is not fatal in the prosecution

h     Transportation/importation of MJ – immaterial whether there may or may not be a distinction for the MJ

i       Distinguish Entrapment and Instigation:

  1. If prosecution can prove the crime without presenting the informer or asset – not necessary because their testimonies are merely corroborative. Poseur buyer – it depends on whether the prosecution can prove the crime without their testimonies (P v. Rosalinda Ramos)
  2. Under the RA, special aggravating circumstance if a crime has been committed while the accused was high on drugs (P v. Anthony Belgar)
  3. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is selling or delivering was prohibited drug. But the moment the fact of sale or delivery is proved by prosecution, the burden to prove that the accused is not aware that drugs are prohibited falls on the defense (P v. Aranda)
  4. P v. Angelito Manalo – burden of proving the authority to possess shabu is a matter of defense
  5. P v. Hilario Moscaling – court may take judicial notice of the word “shabu”
  6. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 6425 and malversation under RPC.

j       Planting evidence – to implicate another

k      Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary to have prior police surveillance (P v. Carlos Franca)

l       Possession – constructive or actual – not necessary to adduce the marked money as evidence (P v. Romeo Macara)

m    Separate crimes – sale/possession of MT found in his possession after he was frisked but he can’t be convicted for possession of MJ that he sold

n     If victim is minor or drug is proximate cause of death – max penalty is imposed under Sec 4, 5, 15, 15-a

  1. If imposable penalty: RP to death – no plea bargaining
  2. If offender: government official, employees, officers or found guilty of planting evidences – same penalty
  3. First offense of a minor – suspension of sentence
  • under 18 at time of commission but not more than 21 at time when judgment was promulgated
  • found guilty of possession or use of prohibited or regulated drugs
  • not been previously convicted of violating any provision of this Act or the RPC
  • not been placed on probation
  • defer sentence, place on probation for 6 months to 1 year
  • violation of probation – pronounce sentence – convict and serve sentence
  • no violation – discharge him and dismiss the proceeding
  • if minor is drug dependent – commit to a center for treatment and rehabilitation

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Criminal Law Book 2 – Title Four

TITLE FOUR

I. CRIMES AGAINST PUBLIC INTEREST

 

Article 161

  • TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
  1. Forging the great seal of the Government
  2. Forging the signature of the President
  3. Forging the stamp of the President
  • When the signature of the President is forged, it is not falsification but forging of signature under this article
  • Signature must be forged, others signed it – not the President.

 

Article 162

  • USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
  1. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person.
  2. That the offender knew of the counterfeiting or forgery.
  3. That he used the counterfeit seal or forged signature or stamp.
  • Offender is NOT the forger/not the cause of the counterfeiting

 

Article 163

  • ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
  1. That there be false or counterfeited coins (need not be legal tender).
  2. That the offender either made, imported or uttered such coins.
  3. That in case of uttering such false or counterfeited coins, he connives with counterfeiters or importers.
  • Coin is counterfeit – if it is forged, or if it is not an article of the government as legal tender, regardless if it is of no value
  • Counterfeiting – imitation of legal or genuine coin (may contain more silver, different design) such as to deceive an ordinary person in believing it to be genuine
  • Utter – to pass counterfeited coins, deliver or give away
  • Import – to bring to port the same
  • Both Philippine and foreign state coins
  • Applies also to coins withdrawn from circulation
  • Essence of article: making of coins without authority

 

Article 164

  • ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:

This has been repealed by PD 247. Under this PD, the acts punishable are:

  1. willful defacement
  2. mutilation
  3. tearing
  4. burning
  5. destruction of Central Bank notes and coins
  • Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality, to diminish by inferior means (to diminish metal contents).
  • Foreign notes and coins not included. Must be legal tender.
  • Must be intention to mutilate.

 

Article 165

SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

  • 2 Types
  1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated.

ELEMENTS:

  1. possession
  2. with intent to utter, and
  3. knowledge
  4. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.

ELEMENTS:

  1. actually uttering, and
  2. knowledge.
  • Possession does not require legal tender in foreign coins
  • Includes constructive possession
  • Read RA 427

 

Article 166

FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING

  • Acts punishable:
  1. Forging or falsity of treasury/bank notes or documents payable to bearer
  2. Importing of such notes
  3. Uttering of such false or forged obligations and notes in connivance with forgers and importers
  • Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document
  • Falsification – by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained therein
  • E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security of the Phil
  • PNB checks not included here – it’s falsification of commercial document under Article 172
  • Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money

 

Article 167

  • ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER:
  1. That there be an instrument payable to order or other document of credit not payable to bearer.
  2. That the offender either forged, imported or uttered such instruments.
  3. That in case of uttering, he connived with the forger or importer.

 

Article 168

  • ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT:
  1. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person.
  2. That the offender knows that any of those instruments is forged or falsified.
  3. That  he performs any of these acts –
    1. using any of such forged or falsified instrument, or
    2. possessing with intent to use any of such forged or falsified instrument.
  • Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes

 

Article 169

FORGERY

  • How forgery is committed:
  • if all acts done but genuine appearance is not given, the crime is frustrated
  1. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document
  2. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein.

 

Article 170

  • ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
  1. That these be a bill, resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council.
  2. That the offender (any person) alters the same.
  3. That he has no proper authority therefor.
  4. That the alteration has changed the meaning of the document.
  • Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies.

 

Article 171

FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL MINISTER

  • ELEMENTS:
  1. That the offender is a public officer, employee, or notary public.
  2. That he takes advantage of his official position.
  3. That he falsifies a document by committing any of the following acts:
    1. Counterfeiting or imitating any handwriting, signature or rubric.

Requisites:

  1. That there be an intent to imitate, or an attempt to imitate
  2. That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other
  • (lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is not an impediment to conviction under par. 2)
  1. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.
  2. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.

Requisites:

  1. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding; and
  2. That such person/s did not in fact so participate in the act or proceeding
  3. Making untruthful statements in a narration of facts;

Requisites:

  1. That the offender makes in a document statements in a narration of facts
  2. That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and
  3. That the facts narrated by the offender are absolutely false; and
  4. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person
  • There must be a narration of facts, not a conclusion of law. Must be on a material matter
  • Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates
  • The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission
  1. Altering true dates. – date must be essential
  2. Making any alteration or intercalation in a genuine document which changes its meaning.

Requisites:

  1. That there be an alteration (change) or intercalation (insertion) on a document
  2. That it was made on a genuine document
  3. That the alteration/intercalation has changed the meaning of the document
  4. That the change made the document speak something false.
  5. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original; (if no knowledge, falsification through negligence) or
  6. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. (genuine document)
  7. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons.
  • There is no crime of attempted or frustrated falsification of public document
  • Persons liable – public officer, employee or notary public or ecclesiastical minister
  • If offender does not take advantage of his public position, he may still be liable for falsification of documents by a private person
  • Document: any written statement by which a right is established or an obligation is extinguished
  • Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a genuine article
  • Counterfeiting – imitating any handwriting, signature or rubric
  • Feigning – simulating a signature, handwriting, or rubric out of one of which does not in fact exist

 

Article 172

FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)

  • ELEMENTS
  1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position.
  2. That he committed any of the acts of falsification enumerated in ART. 171.
    1. Counterfeiting or imitating any handwriting, signature or rubric.
    2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated.
    3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.
    4. Making untruthful statements in a narration of facts;
    5. Altering true dates.
    6. Making any alteration or intercalation in a genuine document which changes its meaning.
    7. That the falsification was committed in any public or official or commercial document.
  • Under this paragraph, damage is not essential, it is presumed
  • Defense: lack of malice or criminal intent
  • The following writings are public:
  • Examples of commercial documents – warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments
  • Cash disbursement vouchers or receipts evidencing payments are not commercial documents
  • A mere blank form of an official document is not in itself a document
  • The possessor of falsified document is presumed to be the author of the falsification
  1. the written acts or records of cats of the sovereign authority of official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country.
  2. Public records kept in the Philippines.

 

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT

  • ELEMENTS :
  1. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in art. 171.
  2. That the falsification was committed in any private document (must affect the truth or integrity of the document)
  3. That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage.
  • Not necessary that the offender profited or hoped to profit from the falsification
  • A document falsified as a necessary means to commit another crime must be public, official or commercial
  • There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa
  • If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa, the falsification is not punishable, because as regards the falsification of the private document there was no damage or intent to cause damage.
  • A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law
  • The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records.

 

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

  • ELEMENTS:
  1. Introducing in a judicial proceeding:
  1. That the offender knew that a document was falsified by another person.
  2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172.
  3. That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not necessary)
  4. that the offender knew that a document was falsified by another person.
  5. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172.
  6. That he used such documents (not in judicial proceedings).
  7. That the use of the documents caused damage to another or at least was used with intent to cause such damage.
  1. Use in any other transaction
  • The user of the falsified document is deemed the author of falsification, if:
  1. the use is so closely connected in time with the falsification
  2. the user had the capacity of falsifying the document

 

Falsification of Private Documents

Falsification of Public/Official Documents

Prejudice to third party is an element of the offense. Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims.

 

Article 173

FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES

  • Acts punishable:
  1. Uttering fictitious, wireless, telegraph or telephone message

Requisites:

  1. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message.
  2. That the accused commits any of the following acts:

-       uttering fictitious wireless, cable, telegraph, or telephone message, or

-       falsifying wireless, cable, telegraph, or telephone message

  1. Falsifying wireless, telegraph or telephone message

Requisites:

  1. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message.
  2. That the accused commits any of the following acts:

-       uttering fictitious wireless, cable, telegraph, or telephone message, or

-       falsifying wireless, cable, telegraph, or telephone message

  1. Using such falsified message

Requisites:

  1. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph of art. 173.
  2. That the accused used such falsified dispatch.
  3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice.
  • The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message

 

Article 174

FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND THE LIKE:

  • Persons liable:
  1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate (note: such certificate must refer to the illness or injury of a person)
  2. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances
  3. Private individual who falsified a certificate under (1) and (2)

 

Article 175

  • ELEMENTS OF USING FALSE CERTIFICATES:
  1. That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates.
  2. That the offender knew that the certificate was false.
  3. That he used the same.

 

Article 176

MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION:

  • Acts punishable:
  1. Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for counterfeiting or falsification
  2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person
  • The implement confiscated need not form a complete set
  • Constructive possession is also punished

 

II. OTHER FALSITIES

Article 177

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:

  • 2 ways of committing the crime:
  1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t.
  2. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t under the pretense of such official position, and without being lawfully entitled to do so.
  • In usurpation of authority: The mere act of knowingly and falsely representing oneself  is sufficient. Not necessary that he performs an act pertaining to a public officer.
  • In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority
  • A public officer may also be an offender
  • The act performed without being lawfully entitled to do so must pertain:
  1. to the gov’t
  2. to any person in authority
  3. to any public office

 

Article 178

USING FICTITIOUS NAME AND CONCEALING TRUE NAME

  • ELEMENTS (using fictitious name) :
  1. That the offender uses a name other than his real name.
  2. That he uses that fictitious name publicly.
  3. That the purpose of the offender is –
    1. To conceal a crime,
    2. To evade the execution of a judgment, or
    3. To cause damage to public interest. (ex. Signing fictitious name for a passport)
  • ELEMENTS (concealing true name):
  1. that the offender conceals –
  2. his true name, and
  3. all other personal circumstances.
    1. that the purpose is only to conceal his identity.

Use of Fictitious Name (178)

Concealing True Name (178)

Element of publicity must be present Publicity not necessary
Purpose is to conceal a crime, to evade the execution of a judgement, or to cause damage Purpose is to conceal identity

Article 179

  • ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
  1. That the offender makes use of insignia, uniform or dress.
  2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member.
  3. That said insignia, uniform or dress is used publicly and improperly.
  • an exact imitation of the dress or uniform is unnecessary

 

Article 180

  • ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
  1. That there be a criminal proceeding.
  2. That the offender testifies falsely under oath against the defendant therein.
  3. That the offender who gives false testimony knows that it is false.
  4. That the defendant against whom the false testimony is given is either acquitted or convinced in a final judgment (prescriptive period starts at this point)
  • Requires criminal intent, can’t be committed through negligence. Need not impute guilt upon the accused
  • The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted
  • The witness who gave false testimony is liable even if the court did not consider his testimony
  • Penalty is dependent upon sentence imposed on the defendant

 

Article 181

FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:

  • False testimony by negative statement is in favor of the defendant
  • False testimony need not in fact benefit the defendant
  • A statement of a mere opinion is not punishable
  • Conviction or acquittal is not necessary (final judgement is not necessary).  The false testimony need not influence the acquittal
  • A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable.
  • Basis of penalty: gravity of the felony charged against the defendant

 

Article 182

  • ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
  1. That the testimony must be given in a civil case.
  2. That the testimony must relate to the issues presented in said case.
  3. That the testimony must be false.
  4. That the false testimony must be given by the defendant knowing the same to be false.
  5. That the testimony must be malicious and given with an intent to affect the issues presented in the said case
  • Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)
  • Basis of penalty: amount involved in the civil case

 

Article183

ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:

  1. That an accused made a statement under oath or made an affidavit upon a material matter.
  2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath.
  3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and
  4. That the sworn statement or affidavit containing the falsity is required by law.

 

  • 2 ways of committing perjury:
  • Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial proceedings and affidavits
  • A false affidavit to a criminal complaint may give rise to perjury
  • A matter is material when it is directed to prove a fact in issue
  • A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction
  • There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate
  • Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient
  • Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings
  • False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered
  • A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury.
  • The false testimony is not in a judicial proceeding
  1. by falsely testifying under oath
  2. by making a false statement

 

Article 184

  • ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:

a       That the offender offered in evidence a false witness or false testimony.

b       That he knew the witness or the testimony was false.

c        That the offer was made in a judicial or official proceeding.

  • Article applies when the offender without inducing another, but knowing him to be a false witness, presented him and the latter testified falsely in a judicial or official proceeding
  • The false witness need not be convicted of false testimony.  The mere offer is sufficient.

III. FRAUDS

Article 185

  • ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:

a     That there be a public auction.

b     That the accused solicited any gift or a promise from any of the bidders.

c      That such gifts or promise was the consideration for his refraining from taking part in that public auction.

d     That the accused had the intent to cause the reduction of the price of the thing auctioned.

  • ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:

a     That there be a public auction.

b     That the accused attempted to cause the bidders to stay away from that public auction

c      That it was done by threats, gifts, promises, or any other artifice.

d     That the accused had the intent to cause the reduction of the price of the thing auctioned.

 

Article 186

MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:

  • Acts punished:
  1. Combination to prevent free competition in the market
  2. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade)
  3. Monopoly to restrain free competition in the market

- By monopolizing any merchandise or object of trade or commerce, by combining with any person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market

  1. Manufacturer, producer or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise.
  • Person/s liable:
  • Crime is committed by:
  • The purpose is:
  • Also liable as principals:
  • Aggravated if items are:
  1. manufacturer
  2. producer
  3. processor
  4. importer
  1. combining
  2. conspiring
  3. agreeing with another person
  1. to make transactions prejudicial to lawful commerce
  2. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil
  1. corporation/association
  2. agent/representative
  3. director/manager – who willingly permitted or failed to prevent commission of above offense
  1. food substance
  2. motor fuel or lubricants
  3. goods of prime necessity

 

Article 187

  • ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS:

a     That the offender imports, sells or disposes of any of those articles or merchandise.

b     That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys.

c      That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys.

 

Article 188

SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK

  • Acts punishable:

a     By  (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the same.

b     By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been fraudulently used

c      By using or substituting the service mark of some other person, or a colorable imitation of such marks, in the sale or advertising of services

d     By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable limitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used.

 

Article 189

UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION

  • Acts punished:

a     Unfair competition by selling his goods, giving them the general appearance of the goods of another manufacturer or dealer

b     Fraudulent designation of origin; false description by (a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and (b) selling such goods or services

c      Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m or service mark.

  • ELEMENTS:

a     That the offender gives his goods the general appearance of the goods of another manufacturer or dealer

b     That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their packages, or in the (c) device or words therein, or in (d) any other feature of their appearance

c      That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose.

d     That there is actual intent to deceive the public or defraud a competitor.

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

 

Criminal Law Book 2 – Title Three

TITLE THREE

I. CRIMES AGAINST PUBLIC ORDER

Article 134

REBELLION OR INSURRECTION

  • ELEMENTS:
  1. That there be –
  1. public uprising and
  2. taking arms against the government (force/violence)
  1. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws –

  1.         i.  the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2  To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives

  • Persons liable for rebellion
  1. Any person who:

1.  promotes

2.  maintains, or

3.  heads a rebellion or insurrection; or

  1. Any person who, while holding any public office or employment, takes part therein by:
  1. engaging in war against the forces of the government
  2. destroying property or committing serious violence
  3. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion);
  4. Any person merely participating or executing the command of others in rebellion
  • Success is immaterial, purpose is always political
  • Rebellion used where the object of the movement is completely to overthrow and supersede the existing government
  • Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects
  • Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t
  • Purpose of the uprising must be shown but it is not necessary that it be accomplished
  • A change of government w/o external participation
  • RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation.  If there is no public uprising, the crime is of direct assault.
  • Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be ACTUAL participation
  • Not necessary that there is killing, mere threat of removing Phil is sufficient
  • Rebellion cannot be complexed with any other crime.  However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such
  • A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed
  • If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be embraced by rebellion (People v. Fernando)
  • Read People v. Hernandez and Enrile v. Salazar
  • Person deemed leader of rebellion in case he is unknown:
  • Any person who in fact:
  1. directed the others
  2. spoke for them
  3. signed receipts and other documents issued in their name
  4. performed similar acts on behalf of the rebels

 

Article 134-A

COUP D E’TAT

  • ELEMENTS:
  1. Swift attack
  2. Accompanied by violence, intimidation, threat, strategy or stealth
  3. Directed against:
  4. duly constituted authorities
  5. any military camp or installation
  6. communication networks or public utilities
    1. other facilities needed for the exercise and continued possession of power
  7. Singly or simultaneously carried out anywhere in the Philippines
    1. Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support or participation
  8. With or without civilian support or participation
  9. Purpose of seizing or diminishing state power
  • Crime may be committed by a single person, any government employee and even by civilian
  • Taking up of arms not even necessary, what is important is violence, threat, intimidation, strategy or stealth
  Treason (114) Rebellion (134) Coup d’etat (134-A) Sedition (139)

Nature of Crime

Crime against National Security Crime against Public Order Crime against Public Order Crime against Public Order

Overt Acts

levying war against the gov’t;

OR

adherence and giving aid or comfort to enemies

Public uprising

AND

Taking up arms against the gov’t

See article. Rising publicly or tumultuously (caused by more than 3 armed men or provided with means of violence)
Purpose of objective Deliver the gov’t to enemy during war See article. Seizing or diminishing state power. See enumeration in article.

 

Article 135

Penalties

  • Who are liable?
  1. Any person who:
  1. Promotes
  2. Maintains
  3. heads a rebellion or insurrection
  4. engaging in war against the forces of the gov’t
  5. destroying property or committing serious violence
  6. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated
  1. Any person who, while holding any public office or employment, takes part therein
  1. Any person merely participating or executing the command of other in a rebellion.

In Government Service

Not in Government Service

Anyone who leads, directs, commands others to undertake a coup. Anyone who participates or in an manner, supports, finances, abets, aids in a coup.
  • Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities against the armed force.
  • Diverting public funds is malversation absorbed in rebellion
  1. Public officer must take active part because mere silence or omission not punishable in rebellion
  2. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the government
  3. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government
  4. Killing, robbing etc for private persons or for profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion.

 

Article 136

CONSPIRACY TO COMMIT REBELLION OR INSURRECTION

  • ELEMENTS:
  1. 2 more persons come to an agreement to rise publicly and take arms against the government
  2. For any of the purposes of rebellion
  3. They decide to commit it

PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)

  • ELEMENTS:
  • Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the gov’t
  • The mere fact of giving  and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t
  • Conspiracy must be immediately prior to rebellion
  • If it is during the rebellion, then it is already taking part in it.
  1. A person who has decided to rise publicly and take arms the government
  2. For any of the purposes of rebellion
  3. Proposes its execution to some other person/s

 

Article 137

DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

  • ELEMENTS:
  • Presupposes existence of rebellion
  • Must not be in conspiracy with rebels or coup plotters
  • If there are means to prevent the rebellion but did not resist it, then there’s disloyalty. If there are no means, no fault
  • If position is accepted in order to protect the people, not covered by this
  • The collaborator must not have tried to impose the wishes of the rebels of the people.
  1. Failing to resist rebellion by all the means in their power
  2. Continuing to discharge the duties of their offices under the control of rebels
  3. Accepting appointment to office under rebels

 

Article 138

INCITING TO REBELLION OR INSURRECTION

  • ELEMENTS:
  1. That the offender does not take arms or is not in open hostility against the government
  2. That he incites others to the execution of any of the acts of rebellion
  3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end
  • Intentionally calculated to seduce others to rebellion
  • There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

Proposal to Commit Rebellion (136)

Inciting to Rebellion (138)

The person who proposes has decided to commit rebellion. Not required that the offender has decided to commit rebellion.
The person who proposes the execution of the crime uses secret means. The inciting is done publicly.

 

Article 139

SEDITION

  • ELEMENTS:
  1. That the offenders rise –
  1. Publicly (if no public uprising = tumult and other disturbance of public order)
  2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
  3. to prevent the promulgation or execution of any law or the holding of any popular election
  4. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the execution of any administrative order
  5. to inflict any act or hate or revenge upon the person or property of any public officer or employee
  6. to commit for any political or social end, any act of hate or revenge against private persons or any social class (hence, even private persons may be offended parties)
  7. to despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof
  1. That they employ force, intimidation, or other means outside of legal methods
  2. That the offenders employ any of those means to attain any of the following objects:
  • Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it.
  • Difference from rebellion – object or purpose of the surprising. For sedition – sufficient that uprising is tumultuous. In rebellion – there must be taking up of arms against the government.
  • Sedition – purpose may be either political or social. In rebellion – always political
  • Tumultuous – caused by more than 3 persons who are armed or provided with means of violence
  • Preventing public officers from freely exercising their functions
  • In sedition – offender may be a private or public person (Ex. Soldier)
  • Public uprising and the object of sedition must concur
  • Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in that case were independent of each other.
  • Preventing election through legal means – NOT sedition
  • But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition
  • Persons liable for sedition:
  1. leader of the sedition, and
  2. other persons participating in the sedition

 

Article 142

INCITING TO SEDITION

  • ELEMENTS:
  1. That the offender does not take a direct part in the crime of sedition
  2. That he incites others to the accomplishment of any of the acts which constitute sedition (134)
  3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end (purpose: cause commotion not exactly against the government; actual disturbance not necessary)
  • Different acts of inciting to sedition:
  • When punishable:
  1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems etc.
  2. Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace
  3. Knowingly concealing such evil practices
  1. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or
  2. when they tend to instigate others to cabal and meet together for unlawful purposes
  3. when they suggest or incite rebellious conspiracies or riots; or
  4. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government

 

II. CRIMES AGAINST POPULAR REPRESENTATION

 

Article 143

ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES

  • ELEMENTS:
  1. That there be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or division thereof, or of any provincial board or city or municipal council or board
  2. That the offender who may be any persons prevents such meeting by force or fraud
  • Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined.

 

Article 144

DISTURBANCE OF PROCEEDINGS

  • ELEMENTS:
  1. That there be a meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board
  2. That the offender does any of the following acts
    1. he disturbs any of such meetings
    2. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it
  • Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt.

 

Article 145

VIOLATION OF PARLIAMENTARY IMMUNITY

  • Acts punishable:
  1. By using force, intimidation, threats, or frauds to prevent any member of Congress from –
  1. attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from
  2. expressing his opinions or
  3. casting his vote
  1. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor

Elements:

  1. That the offender is a public officer or employee
  2. That he arrests or searches any member of Congress
  3. That Congress, at the time of arrest or search, is in a regular or special session
  4. That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment).
  • Article partly inoperative because of the 1987 Constitution

 

III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

 

Article 146

ILLEGAL ASSEMBLIES

  • Two (2) Types of illegal assemblies:

a. Meeting of the first form

  1. Meeting, gathering or group of persons whether in a fixed place or moving
  2. purpose : to commit any of crimes punishable under the code
  3. meeting attended by armed persons

b. Meeting of the second form

  1. Meeting, gathering or group of persons whether in a fixed place or moving
  2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.
  • Not all the persons present at the meeting of the first form of illegal assembly must be armed
  • Persons liable for illegal assembly
  • Responsibility of persons merely present at the meeting
  • Presumptions if person present at the meeting carries an unlicensed firearm:
  1. the organizers or leaders of the meeting
  2. persons merely present at the meeting (except when presence is out of curiosity – not liable)
  1. if they are not armed, penalty is arresto mayor
  2. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional
  1. purpose of the meeting is to commit acts punishable under the RPC
  2. considered as leader or organizer of the meeting

 

Article 147

ILLEGAL ASSOCIATIONS

  • ELEMENTS:
  • Persons liable:
  1. Organized totally or partially for the purpose of committing any of the crimes in RPC
  2. Or for some purpose contrary to public morals
  1. founders, directors and president of the association
  2. mere members of the association

Illegal Assembly (146)

Illegal Association (147)

Must be an actual meeting of armed persons to commit any of the crimes punishable under the RPC, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent. No need for such
It is the meeting and the attendance at such that are punished Act of forming or organizing and membership in the association
Persons liable: leaders and those present Founders, directors, president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

 

Article 148

DIRECT ASSAULT

  • ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
  1. That the offender employs force or intimidation.
  2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. (victim need not be person in authority)
  3. That there is no public uprising.
  • ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
  1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance.
  2. That the person assaulted is a person in authority or his agent.
  3. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of official duties (motive is essential).
  4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend, injure or assault).
  5. That there is no public uprising.
  • Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed
  • Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character
  • The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands)
  • The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun)
 

Force Employed

Intimidation/Resistance

Person in Authority

Need not be serious

Serious

Agent

Must be of serious character

Serious

  • Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation, board or commission
  • A barangay captain is a person in authority, so is a Division Superintendent of schools, President of Sanitary Division and a teacher
  • Agent: is one who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. (Example. Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
  • Even when the person in authority or the agent agrees to fight, still direct assault.
  • When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense
  • There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties.
  • When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked
  •  Circumstances qualifying the offense (Qualified Assault):
  • Complex crime of direct assault with homicide or murder, or with serious physical injuries.
  • Direct assault cannot be committed during rebellion.
  1. when the assault is committed with a weapon
  2. when the offender is a public officer or employee
  3. when the offender lays hand upon a person in authority

Article 149

INDIRECT ASSAULT

  • ELEMENTS:  
  1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148.
  2. That a person comes to the aid of such authority or his agent.
  3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.
  • Indirect assault can be committed only when a direct assault is also committed
  • To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack.

 

Article 150

DISOBEDIENCE TO SUMMONS

  • Acts punishable:
  1. refusing without legal excuse to obey summons
  2. refusing to be sworn or placed under affirmation
  3. refusing to answer any legal inquiry to produce books, records etc.
  4. restraining another from attending as witness in such body
  5. inducing disobedience to a summons or refusal to be sworn

 

Article 151

RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)

  • ELEMENTS:
  1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.
  2. That the offender resists or seriously disobeys such person in authority or his agent.
  3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150.

SIMPLE DISOBEDIENCE (par. 2)

  • ELEMENTS:
  1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender.
  2. That the offender disobeys such agent of a person in authority.
  3. That such disobedience is not of a serious nature.

Direct Assault (148)

Resistant and Disobedience to a Person in Authority or Agents of such Person (151)

PIA or his agent must be engaged in the performance of official duties or that he is assaulted PIA or his agent must be in the actual performance of his duties.
Direct assault is committed in 4 ways – by attacking, employing force, and seriously resisting a PIA or his agent. Committed by resisting or seriously disobeying a PIA or his agent.
Use of force against an agent of PIA must be serious and deliberate. Use of force against an agent of a PIA is not so serious; no manifest intention to defy the law and the officers enforcing it.

Article 152

PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

  • Persons in Authority – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission.
  1. Barangay captain
  2. Barangay chairman
  3. Teachers
  4. Professors
  5. Persons charged with the supervision of public or duly recognized private schools, colleges and universities
  6. Lawyers in the actual performance of their professional duties or on the occasion of such performance
  • Agent of Person in Authority – any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property.
  1. Barrio councilman
  2. Barrio policeman
  3. Barangay leader
  4. Any person who comes to the aid of persons in authority
  • Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed AGENT of persons in authority.  

 

V. CRIMES AGAINST PUBLIC DISORDERS

 

Article 153

  • TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:
  1. Causing any serious disturbance in a public place, office or establishment
  2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship).
  3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place
  4. Displaying placards or emblems which provoke a disturbance of public order in such place
  5. Burying with pomp the body of a person who has been legally executed.
  • If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting
  • The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition.
  • Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character”

Article 154

  • TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES:
  1. Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State.
  2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches
  3. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially
  4. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous.

 

Article 155

  • TYPES OF ALARMS AND SCANDALS:
  1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger
  2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility
  3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement
  4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult).
  • Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy
  • Firearm must not be pointed at a person, otherwise, it is illegal discharge
  • What governs is the result, not the intent

CRIME

Nature of Crime

Who are Liable

Tumults and other Disturbances (153) Crime against Public Order Private persons, outsider
Alarms and Scandals (155) Crime against Public Order Private persons, outsider

 

Article 156

  • ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
  1. That there is a person confined in a jail or penal establishment.
  2. That the offender removes therefor such person, or helps the escape of such person (if the escapee is serving final judgement, he is guilty of evasion of sentence).
  3. Offender is a private individual
  • Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
  • A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here
  • It may be committed through negligence
  • Circumstances qualifying the offense – is committed by means of violence, intimidation or bribery.
  • Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise

 

VI. EVASION OF SENTENCE OR SERVICE

 

Article 157

  • ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
  1. That the offender is a convict by final judgment.
  2. That he is serving his sentence which consists in deprivation of liberty (destierro included)
  3. That he evades the service of his sentence by escaping during the term if his sentence. (fact of return immaterial).
  • A continuing offense.
  • Offenders – not minor delinquents nor detention prisoners
  • If escaped within the 15 day appeal period – no evasion
  • No applicable to deportation as the sentence
  • Flimsy excuse for violating destierro – not acceptable
  • Circumstances qualifying the offense (done thru):
  1. unlawful entry (by “scaling”)
  2. breaking doors, windows, gates, walls, roofs or floors
  3. using picklocks, false keys, disguise, deceit, violence or intimidation
  4. connivance with other convicts or employees of the penal institution

 

Article 158

  • ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
  1. That the offender is a convict by final judgement who is confined in a penal institution.
  2. That there is disorder, resulting from- 1. conflagration,

2. earthquake,

3. explosion, or

4. similar catastrophe, or

5. mutiny in which he has not participated.

  1. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny.
  2. That the offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity.
  • Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months.
  • Offender must escape to be entitled to allowance
  • Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt
  • Disarming the guards is not mutiny

 

Article 159

VIOLATION OF CONDITIONAL PARDON

  • ELEMENTS:
  1. That the offender was a convict.
  2. That he was granted a conditional pardon by the chief executive.
  3. That he violated any of the conditions of such pardon.
  • Condition extends to special laws – violation of illegal voting
  • Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate offender without trial.

VIOLATION OF PARDON

ORDINARY EVASION

Infringement of conditions/terms of President To evade the penalty given by the courts – disturbs the public order
  • Two penalties provided:
  1. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years
  2. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years

 

VII. COMMISSION OF ANOTHER CRIME

Article 160

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)

  • ELEMENTS
  1. That the offender was already convicted by final judgement of one offense.
  2. That he committed a new felony before beginning to serve such sentence or while serving the same.
  • Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence, or while serving the same.
  • Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special laws
  • Reiteracion: offender shall have served out his sentence for the prior offense
  • A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent
  • If new felony is evasion of sentence – offender is not a quasi-recidivist
  • Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can only be appreciated if the maximum is divisible)
  • Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority)

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

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