REBELLION Delito continuado by nature A political crime _ crime against a political order; objective is a political purpose A: Yes.

s. it doesnt matter what time of day it is committed. The test is, is it private or public?, or whether or not the actuations may be seen or can be seen. If done during the day, but no one can see it because the perpetrators did it in private or hidden, then there is no sedition. DISOBEDIENCE CONGRESS TO SUMMONS OF

There must be concurrence of: 1. Intent to achieve political objective mental act 2. Overt acts of public uprising and taking up arms There is no frustrated rebellion because it is not necessary that the objective is obtained The use of unlicensed firearms is absorbed by rebellion when it is in furtherance or incident to rebellion and attempted coup detat

The President and SC justices are exempt from powers of inquiry. (Senate v Ermita) Grounds for a justified refusal: a. Wiretapping b. RA 9372 (info secured in violation of the anti-terrorism law is inadmissible in evidence in any juidicial, qj, legislative or admin proceeding) c. Executive privilege d. Bank records e. Privileged communications f. Informers privilege g. Newsmens privilege

DISLOYALTY It applies only when there is rebellion, but not when there is coup detat A person not sympathetic to the rebels, but continues to occupy the office under the control of the rebels, is liable under art. 137. The objective is immaterial

DIRECT ASSAULT Two ways to commit direct assault: 1. Without public uprising, by employing force or intimidation for attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition 2. Without public uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties,or on the occasion of such performance. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS

SEDITION Ultimate objective of sedition: violation of the public peace. It is a crime against public order and the tranquility of the general public. The key term here is: rising publicly and tumultuously. Tumultuously means full of public commotion or uproar. The essence of sedition: intent to attain any of the objectives and a tumultuous appraising In both rebellion and sedition, there is public uprising. But in rebellion the purpose is political and they take up arms, in sedition, the purpose can be political or social, and there is no need to take up arms since they do not intend to overthrow the government.

Q: Can sedition be committed at night?

 Acts punishable: 1. Disobedience w/o legal excuse to summons issued by the Congress or any of its committees or subcommittees; 2. Refusal of any person present before alegislative or constitutional body or official to:(a) to be sworn or placed under affirmation;(b) to Answer any legal inquiry; or (3) to produce books, documents, records etc.when required to do so by the said bodies in the exercise of their functions; 3. Restraining another from attending as witness in such body; or 4. Inducing disobedience to or refusal to be sworn a summons

there is a need to prove Art 208 first before filing for Art 210. Before the public officer may be charged of prevaricacion, the offender whom the public officer refused to charge/prosecute must FIRST be prosecuted and convicted for that crime tolerated or let pass by the public officer. (US v Mendoza, in this case the police office was charged as an accessory to the crime of arson, but the principal was acquitted, hence he was acquitted as well.) In Marifosque v People, a cop accepted a bribe in order to recover stolen property of the victim. This was unjust and he was guilty of direct bribery, 2nd kind. There was an obligation to return the property. It was his duty to do so, his refusal to do so is not a crime, but is unjust.

BRIBERY Liabilities of the Parties RECEIVER bribery GIVER corruption of public officer Justice Callejo: for the giver, if bribery is attempted, offense is ATTEMPTED CORRUPTION Q: What if the public officer doesnt do the criminal act despite acceptance of the bribe? A: Still liable. It does not matter if he actually commits the crime or not. Q: What if briber told officer to consummate the crime, but PO only attempted? A: PO still liable. Is it necessary that the PO be convicted of the other crime before Art 210 can be charged? A: No. The two crimes can be filed simultaneously except if the other crime is Art 208 (prevaricacion). In this case,

ILLEGAL EXACTION Elements: 1. The offender is a public officer entrusted with the collection of taxes, licenses, feesand other imposts; and 2. That he is guilty of any of the following actsor omissions; a. demanding, directly or indirectly the payment of sums different from or larger than those authorized by law,or b.failing voluntarily to issue areceipt, as provided by law, for any sum of money collected by himofficially, or c. collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that providedby law MALVERSATION It is not necessary that the offender profited by his malversation. His being remiss in the duty of safekeeping public funds violates the trust reposed.

Public funds taken misappropriated.

need

not

be

MISTAKE OF FACT is applicable Note that Art. 247 uses the term SEXUAL INTERCOURSE, so if what was committed was SEXUAL ASSAULT, accused cannot invoke Art. 247 since this provision was not amended by RA No. 8353. The justifying circumstance of defense of honor may however be raised.

It can be committed either with malice orthrough negligence or imprudence (penalty isthe same). In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation contemplates public officer who receives money or property from government for which he is bound toaccount, must have authority to collect or receive The funds or property must be received in an official capacity . Otherwise, the crime committed is estafa Government funds include revenue funds andtrust funds. If funds or property placed in custodyof public officer, and they are accountable, suchfunds or property partake nature of a public fund. A public officer who has qualified charge of govt property without authority to part with its physical possession upon order of an immediate superior cannot be held liable under thisarticle A qualified charge of properties does not qualify to possession contemplated in the crime of malversation where the possessor is only accountable to his immediate superior and not the government; his superior is the one accountable to the government.

HOMICIDE General Rule ATTEMPTED injuries are NOT life threatening FRUSTRATED injuries life-threatening Euthanasia is MURDER, although not defined specifically in the RPC, if initiative comes from the offender

ROBBERY WITH HOMICIDE There is robbery with homicide when there is a direct relation, an intimate connection between the robbery and the killing, whether the killing be prior or subsequent to the robbery or whether both crimes be committed at the same time

INFANTICIDE Relationship is not an element of this crime as long as victim is less than three days old The child must be born alive, viable, or capable of independent life If the victim is a fetus with an intrauterine life of less than 7 months and does not survive within 24 hours, it is abortion

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES Art. 247 does not define a felony but merely grants a privilege or benefit amounting to an exemption Destierro in this instance is not a penalty, but to protect the accused from revenge

RAPE If there are 2 rapists, but only one killed victim, both are liable for rape with homicide In robbery with rape, rape accompanied the robbery thus, original intent is to rob, and rape must be consummated

OPTIONS: Defense of honor, and thus justified, under Art. 11; or under the circumstances in Art. 247, penalty is destierro (People v. Rabandan)

If robbery is a mere afterthought after rape and killing, the offense is rape with homicide and theft Sexual assault is absorbed by robbery with rape. There is no such crime as robbery with sexual assault (People v. Suyu) Qualified rape; knowledge of the offender of the mental disability of the victim. Knowledge of the offender of the mental disability of the victim during the commission of the crime of rape qualifies and makes it punishable by death. However, such knowledge by the rapist should be alleged in the Information since a crime can only be qualified by circumstances pleaded in the indictment. (People of the Philippines v. Jojie Suansing, G.R. No. 189822, September 2, 2013.)

payment of an obligation must be the efficient cause of the defraudation. This means that the offender must be able to obtain money or property from the offended party by reason of the issuance of the check, whether dated or postdated. SEDUCTION, ABDUCTION OR ACTS OF LASCIVIOUSNESS The right to file action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercise successively It is exclusive, because if the parent, for example, refuse to file, the grandparents cannot file the complaint When offended party is a minor, her parents may file complaint When offended party is of age, and she is complete possession of her mental and physical faculties, she alone can file the complaint The father, if living, is not necessarily preferred to the mother in filing the complaint

THEFT If the offender killed the victim, and as an afterthought, stole personal property of victim, two crimes is committed murder or homicide, and theft, considering that no violence or intimidation is employed in connection with the taking If the accused raped the victim, while the victim is unconscious, and accused took the necklace and watch of the victim, two crimes of rape and theft are committed even if there is violence in connection with rape, but taking was without violence or intimidation against persons

Presumption one found in possession of recently stolen property presumed the author of the taking If the trusted employee connives with a nonemployee, only the employee is liable for qualified theft, while the person who connives, with no relation to the company is liable for simple theft even if there is conspiracy

BIGAMY Bigamy; elements. The elements of the crime of bigamy are: (1) the offender has been legally married; (2) 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; and (4) that the second or subsequent marriage has all the essential requisites for validity. James Walter P. Capili v. People of the Philippines, G.R. No. 183805, July 3, 2013.

ESTAFA In order to constitute estafa under Article 315(2)(d) of the Revised Penal Code, the act of postdating or issuing a check in

Bigamy; bigamy committed even if second marriage is subsequently declared void.Finally, it is a settled rule that the criminal culpability attaches to the offender upon the commission of the offense, and from that instant, liability appends to him until extinguished as

provided by law. It is clear then that the crime of bigamy was committed by petitioner from the time he contracted the second marriage with private respondent. Thus, the finality of the judicial declaration of nullity of petitioners second marriage does not impede the filing of a criminal charge for bigamy against him. James Walter P. Capili v. People of the Philippines, G.R. No. 183805, July 3, 2013.
Bigamy Subsequent marriage must be perfectly valid except that it is bigamous Refers only to contracting a second marriage before the former one has been legally dissolved or before the absent spouse has been declared presumptively dead Illegal Marriage Subsequent marriage is annullable or void even if there is no first marriage Covers all marriages which are otherwise voidable or void for causes other than bigamous marriages

Physicians can only be liable in two ways: 1. Can be liable if not authorized by DOH to issue regulated drugs like valium 2. If the issuance unnecessary. of prescription is

Planting of evidence Before, it is only committed by law enforcement agents. In the present law, R.A. 9165 provides that it may also be committed by private individuals. Under R.A. 9165, the provisions of the Revised Penal Code CANNOT apply suppletorily. EXCEPTION: Provision on MINORS. Minor shall be ENTITLED to Probation law even if the penalty exceeds 6 years. In 9165, there is no modifying circumstance, only aggravating circumstance. It is aggravating if there is a minor, practitioner, foreigner, public employee, official. Sec 21, chain of custody of dangerous drugs. Seizure receipt shall be issued by the seizing officer. Non presentation of the informant in a buy bust operation is not fatal. Presentation of marked money may also be dispensed with

DANGEROUS DRUGS ACT Illegal Sale Of Dangerous Drugs; elements. For the prosecution of illegal sale of drugs to prosper, the following elements must be proved: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and its payment. (People of the Philippines v. Ryan Blanco y Sangkula, G.R. No. 193661, August 14, 2013.) Penalty is determined by weight in grams Does not distinguish prohibited and regulated drugs -all of them are dangerous drugs Yellow Prescription Prescription issued by physicians which prescribes regulated drugs like valium

RA 7438 MIRANDA LAW Those criminally liable: 1. Only the person who committed the act 2. Immediate superior who has knowledge or owing to the circumstances ought to know the torture being committed. If the person is beyond the position of an immediate superior, he is not liable anymore. Command Responsibility

Theory only extends up to the immediate supervisor or officer ANTI HAZING

or giving any private party any unwarranted benefit, advantage or preference. There are two acts constituting this violation:

The owner of the house where hazing is conducted who is not a parent and with knowledge of it- treated as accomplice. If parent- considered as principally liable.

1. Causing undue injury to any party including the government 2. Giving any private party any unwarranted benefit, advantage or preference ILL-GOTTEN WEALTH Ill-gotten Wealth; E.O. No. 1, Series of 1986; the mere holding of a position in the Marcos administration did not necessarily make the holder a close associate of Marcos. There are two concurring elements that must be present before assets or properties can be considered as ill-gotten wealth, namely: (a) they must have originated from the government itself, and (b) they must have been taken by former President Marcos, his immediate family, relatives, and close associates by illegal means. (Republic of the Philippines represented by the Presidential Commission on Good Government v. Luz Reyes Bakunawa, et al, G.R. No. 180418, August 28, 2013.)

SEXUAL HARASSMENT It can be committed in: 1. Working condition 2. Institutional, Educational environment ANTI GRAFT AND CORRUPT PRACTICES ACTS Ampil vs. Sandiganbayan (2011) The mayor was charged and arrested for murder. When he was under detention, he was transferred to the house of Gov. Ampil without authority from the court. By reason thereof, the Ombudsman conducted an investigation. Thereafter, the gov was charged with violation of Sec.3(e), RA 3019: Causing undue injury to any party including the government or giving any private party any unwarranted benefit, advantage or preference in the discharge of his official, administrative or judicial functions thru manifest partiality, evident bad faith or gross inexcusable negligence.

The elements of Sec.3(e), RA 3019: a. The public officer was in discharge of his official, administrative or judicial functions; b. He acted manifest partiality, evident bad faith or gross inexcusable negligence; and c. Caused undue injury to any party including the government