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ATENEO CENTRAL BAR OPERATIONS 2007
Criminal Law
SUMMER REVIEWER

Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez


BOOK I


CRIMINAL LAW A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.

Characteristics of Criminal Law:
1. General binding on all persons who reside
or sojourn in the Philippines
Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law
Ex:
i. sovereigns and other chiefs of
state
ii. Ambassadors, ministers
plenipotentiary, minister resident
and charges daffaires
(BUT consuls, vice-consuls and other
foreign commercial representatives
CANNOT claim the privileges and
immunities accorded to ambassadors and
ministers.)

2. Territorial penal laws of the Philippines are
enforceable only within its territory
Exceptions: (Art. 2 of RPC binding
even on crimes committed outside the
Philippines)
a. offense committed while on a
Philippine ship or airship
b. forging or counterfeiting any coin or
currency note of the Philippines or
obligations and the securities issued
by the Government
c. introduction into the country of the
above-mentioned obligations and
securities
d. while being public officers and
employees, an offense committed in
the exercise of their functions
e. crimes against national security and
the law of the nations defined in Title
One of Book Two

3. Prospective the law does not have any
retroactive effect.
Exception: when the law is favorable to the
accused
Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
b. Offender is a habitual criminal

Theories of Criminal Law:
1. Classical Theory basis is mans free will to
choose between good and evil, that is why
more stress is placed upon the result of the
felonious act than upon the criminal himself.
The purpose of penalty is retribution. The
RPC is generally governed by this theory.

2. Positivist Theory basis is the sum of
social and economic phenomena which
conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in
the provisions on impossible crimes and
habitual delinquency.

3. Mixed Theory combination of the classical
and positivist theories wherein crimes that
are economic and social in nature should be
dealt in a positive manner. The law is thus
more compassionate.

Construction of Penal Laws:
1. Liberally construed in favor of offender
Ex:
a. the offender must clearly fall within
the terms of the law
b. an act is criminal only when made so
by the statute
2. In cases of conflict with official translation,
original Spanish text is controlling,
3. No interpretation by analogy.


LIMITATIONS ON POWER OF CONGRESS TO
ENACT PENAL LAWS:
1. ex post facto law
2. bill of attainder
3. law that violates the equal protection clause
of the constitution
4. law which imposes cruel and unusual
punishments nor excessive fines


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BOOK ONE
GENERAL PROVISIONS





RPC took effect February 1, 1932.


RULES:
1. Philippine vessel or airship Philippine
law shall apply to offenses committed in
vessels registered with the Philippine Bureau
of Customs. It is the registration, not the
citizenship of the owner which matters.
2. Foreign vessel
a. French Rule
General Rule: Crimes committed aboard
a foreign vessel within the territorial
waters of a country are NOT triable in the
courts of such country.
Exception: commission affects the
peace and security of the territory, or
the safety of the state is endangered.

b. English Rule
General Rule: Crimes committed aboard
a foreign vessel within the territorial
waters of a country are triable in the
courts of such country.
Exception: When the crime merely
affects things within the vessel or it
refers to the internal management
thereof.
*This is applicable in the Philippines.

Title One: FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY


Chapter One: FELONIES

Felonies acts and omissions punishable by the
Revised Penal Code

Crime acts and omissions punishable by any law

Act an overt or external act

Omission failure to perform a duty required by law


ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa

NULLUM CRIMEN, NULLA POENA SINE LEGE
There is no crime when there is no law punishing it.

Classification Of Felonies According To The
Means By Which They Are Committed:

1. Intentional Felonies- by means of deceit
(dolo)
Requisites:
a. freedom
b. intelligence
c. intent.

MISTAKE OF FACT misapprehension of
fact on the part of the person who caused
injury to another. He is not criminally liable.
Requisites:
a. the act done would have been lawful
had the facts been as the accused
believed them to be
bintention is lawful
b. mistake must be without fault or
carelessness by the accused

2. Culpable Felonies- by means of fault (culpa)
Requisites:
a. freedom
b. intelligence
c. negligence (lack of foresight) and
imprudence (lack of skill)


MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibita
moral trait of
offender
considered not considered
good faith as a
defense
valid defense,
unless the crime is
the result of culpa
not a defense;
intent not
necessary-
sufficient that the
offender has the
intent to perpetrate
the act prohibited
by the special law
ART.1: TIME WHEN ACT TAKES EFFECT
ART. 2: APPLICATION OF ITS PROVISIONS
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degree of
accomplishme
nt of the crime
taken into account taken into account
only when
consummated
mitigating and
aggravating
circumstance
taken into account
in imposing penalty
GENERALLY not
taken into account
degree of
participation
when there is more
than one offender,
it is taken into
consideration
GENERALLY not
taken into account
laws violated General Rule:
RPC
General Rule:
Special Penal
Laws

INTENT v. MOTIVE
Intent Motive
purpose to use a
particular means to effect
a result
moving power which impels
one to act
element of crime except
in crimes committed with
culpa
not an element
essential in intentional
felonies
essential only when the identity
of the felon is in doubt


ART. 4: CRIMINAL LIABILITY


Requisites:
1. felony has been committed intentionally
2. injury or damage done to the other party is
the direct, natural and logical consequence
of the felony

Hence, since he is still motivated by criminal intent,
the offender is criminally liable in:
1. Error in personae mistake in identity
2. Abberatio ictus mistake in blow
3. Praetor intentionem lack of intent to
commit so grave a wrong

PROXIMATE CAUSE the cause, which in the
natural and continuous sequence unbroken by any
efficient intervening cause, produces the injury,
without which the result would not have occurred







Requisites:
1. Act would have been an offense against
persons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or
inadequate or ineffectual means are
employed.
4. Act is not an actual violation of another
provision of the Code or of special law.

Impossible crime occurs when there is:
1. inherent impossibility to commit the crime
2. inadequate means to consummate the crime
3. ineffectual means to consummate the crime


Note: Paragraph 2 does not apply to crimes
punishable by special law, including profiteering, and
illegal possession of firearms or drugs. There can be
no executive clemency for these crimes.



STAGES OF EXECUTION:
1. CONSUMMATED when all the elements
necessary for its execution and accomplishment
are present

2. FRUSTRATED
Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony
as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the
will of the perpetrator

3. ATTEMPTED
Elements:
a. offender commences the felony directly
by overt acts
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance

Par.1 Criminal liability for a felony committed
different from that intended to be committed
Par. 2 Impossible Crime
Art. 5: Duty of the court in connection with
acts which should be repressed but which are
not covered by the law, and in cases of
excessive penalties
ART. 6: CONSUMMATED, FRUSTRATED, AND
ATTEMPTED FELONIES
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Crimes, which do not admit of Frustrated and
Attempted Stages:

1. Offenses punishable by Special Penal Laws,
unless the law provides otherwise
2. Formal crimes consummated in one
instance
(Ex: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt
(Ex: attempt to flee to an enemy
country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement
(Ex: betting in sports: ending,
corruption of public officers)

Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury

2 stages in the development of a crime:
1. Internal acts
- e.g. mere ideas of the mind
- not punishable

2. External acts
a. Preparatory acts - ordinarily not
punishable except when
considered by law as independent
crimes
(e.g. Art. 304, Possession of
picklocks and similar tools)
b. Acts of Execution - punishable under
the RPC

General Rule: Punishable only when they have been
consummated
Exception: Even if not consummated, if
committed against persons or property

Ex: slight physical injuries, theft, alteration of
boundary marks, malicious mischief, and intriguing
against honor.

Note: Only principals and accomplices are liable;
accessories are NOT liable even if committed against
persons or property.



CONSPIRACY

Requisites:
1. Two or more persons come to an agreement
2. For the commission of a felony
3. And they decide to commit it

Concepts of Conspiracy:
1. As a crime in itself
Ex: conspiracy to commit rebellion,
insurrection, treason, sedition, coup d etat

2. Merely as a means to commit a crime
Requisites:
a. a prior and express agreement
b. participants acted in concert or
simultaneously, which is indicative of
a meeting of the minds towards a
common criminal objective

Note: Conspiracy to commit a felony is different from
conspiracy as a manner of incurring criminal liability.


General Rule: Conspiracy to commit a felony is not
punishable since it is merely a preparatory act.
Exception: when the law specifically provides for
a penalty
Ex: rebellion, insurrection, sedition, coup d
etat

General Rule: The act of one is the act of all.
Exception: Unless one or some of the
conspirators committed some other crime which
is not part of the intended crime.
Attempted Frustrated Consummated
Overt acts of
execution are
started
All acts of execution are
present
All the acts of
execution are
present
Not all acts of
execution are
present
Crime sought to be
committed is not
achieved
The result
sought is
achieved
Due to reasons
other than the
spontaneous
desistance of the
perpetrator
Due to intervening
causes independent of
the will of the perpetrator

ART. 7: WHEN LIGHT FELONIES ARE
PUNISHABLE
ART. 8: CONSPIRACY AND PROPOSAL TO
COMMIT FELONY
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Exception to the exception: When the act
constitutes an indivisible offense.


PROPOSAL TO COMMIT A FELONY
Requisites:
1. A person has decided to commit a felony
2. And proposes its execution to some other
person or persons






Importance of Classification
1. To determine whether the felonies can be
complexed or not.
2. To determine the prescription of the crime
and of the penalty.

Penalties (imprisonment):
1. Grave felonies afflictive penalties: 6 yrs.
and 1 day to reclusion perpetua (life)
2. Less grave felonies correctional penalties:
1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30
days)


General Rule: RPC provisions are supplementary to
special laws.
Exceptions:
1. when special law provides otherwise
2. when provision of RPC are impossible of
application, either by express provision
or by necessary implication

Special Laws RPC
Terms imprisonment prision
correccional,
prision mayor,
arresto mayor,
etc.
Attempted or
Frustrated
Stages
General Rule: Not
punishable
Exception: Unless
otherwise stated
Punishable
Plea of guilty as
mitigating
circumstance
No Yes
Minimum,
medium and
maximum
periods
Not applicable Yes
Penalty for
accessory or
accomplice
General Rule:
None
Exception: Unless
otherwise stated
Yes

Provisions of RPC applicable to special laws:
Art. 16 Participation of Accomplices
Art. 22 Retroactivity of Penal laws if favorable
to the accused
Art. 45 Confiscation of instruments used in
the crime

Note: When the special law adopts the penalties
imposed in the RPC i.e. penalties as reclusion
perpetua, prision correccional, etc. the provisions of
the RPC on imposition of penalties based on stages
of execution, degree of participation and attendance
of mitigating and aggravating circumstance may be
applied by necessary implication.

Conspiracy Proposal
Elements Agreement to
commit AND
commission
person decides to
commit a crime
AND proposes the
same to another
Crimes Conspiracy to
commit: sedition,
treason, rebellion,
coup d etat
Proposal to
commit: treason,
rebellion, coup d
etat

*no proposal to
commit sedition
OVERT ACTS IN CONSPIRACY MUST
CONSIST OF:
1. Active participation in the actual
commission of the crime itself, or
2. Moral assistance to his co-conspirators by
being present at the time of the
commission of the crime, or
3. Exerting a moral ascendance over the
other co-conspirators by moving them to
execute or implement the criminal plan
People v. Abut, et al. (GR No. 137601, April 24,
2003)
ART. 9: GRAVE FELONIES, LESS GRAVE
FELONIES AND LIGHT FELONIES
ART. 10: OFFENSES NOT SUBJECT TO THE
PROVISIONS OF THIS CODE
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Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY


ART. 11. JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES where the act of
a person is in accordance with law such that said
person is deemed not to have violated the law.

General Rule: No criminal and civil liability incurred.
Exception: There is civil liability with respect to
par. 4 where the liability is borne by persons
benefited by the act.




Elements:
1. Unlawful Aggression
indispensable requirement
There must be actual physical assault or
aggression or an immediate and
imminent threat, which must be offensive
and positively strong.
The defense must have been made
during the existence of aggression,
otherwise, it is no longer justifying.
While generally an agreement to fight
does not constitute unlawful aggression,
violation of the terms of the agreement to
fight is considered an exception.

2. Reasonable necessity of the means
employed to prevent or repel it

Test of reasonableness depends on:
(1) weapon used by aggressor
(2) physical condition, character, size
and other circumstances of
aggressor
(3) physical condition, character, size
and circumstances of person
defending himself
(4) place and occasion of assault

3. Lack of sufficient provocation on the part
of the person defending himself

NOTE: Perfect equality between the weapons used,
nor material commensurability between the means of
attack and defense by the one defending himself and
that of the aggressor is not required

REASON: the person assaulted does not have
sufficient opportunity or time to think and calculate.

Rights included in self-defense:
1. defense of person
2. defense of rights protected by law
3. defense of property (only if there is also an
actual and imminent danger on the person of
the one defending)
4. defense of chastity

Kinds of Self-Defense:
1. self-defense of chastity there must be an
attempt to rape the victim
2. defense of property must be coupled with
an attack on the person of the owner, or on
one entrusted with the care of such property.









3. self-defense in libel justified when the
libel is aimed at a persons good name.

Stand ground when in the right - the law does
not require a person to retreat when his assailant is
rapidly advancing upon him with a deadly weapon.


NOTE: Under Republic Act 9262 (Anti-Violence
Against Women and Their Children Act of 2004),
victim-survivors who are found by the Courts to be
suffering from Battered Woman Syndrome (BWS) do
not incur any criminal or civil liability despite absence
of the necessary elements for the justifying
circumstance of self-defense in the RPC. BWS is a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.




Elements:
1. unlawful aggression (indispensable
requirement)
Par. 1 Self-defense
People v. Narvaez, (GR No. L-33466-67,
April 20, 1983)
Attack on property alone was deemed
sufficient to comply with element of
unlawful aggression
Par. 2 Defense of Relative
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2. reasonable necessity of the means employed
to prevent or repel it
3. In case the provocation was given by the
person attacked, the one making the defense
had no part in such provocation.

Relative entitled to the defense:
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees
5. relatives by consanguinity within the 4
th
civil
degree

NOTE: The relative defended may be the original
aggressor. All that is required to justify the act of the
relative defending is that he takes no part in such
provocation.



Elements:
1. unlawful aggression (indispensable
requirement)
2. reasonable necessity of the means employed
to prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive


Elements:
1. evil sought to be avoided actually exists
2. injury feared be greater than that done to
avoid it
3. no other practical and less harmful means of
preventing it

NOTE: The necessity must not be due to the
negligence or violation of any law by the actor.


Elements:
1. accused acted in the performance of duty or
in the lawful exercise of a right or office
2. the injury caused or offense committed be
the necessary consequence of the due
performance of the duty, or the lawful
exercise of such right or office.

NOTE: The accused must prove that he was duly
appointed to the position claimed he was discharging
at the time of the commission of the offense. It must
also be shown that the offense committed was the
necessary consequence of such fulfillment of duty, or
lawful exercise of a right or office.


Elements:
1. an order has been issued
2. order has a lawful purpose (not patently
illegal)
3. means used by subordinate to carry out said
order is lawful

NOTE: The superior officer giving the order cannot
invoke this justifying circumstance. Good faith is
material, as the subordinate is not liable for carrying
out an illegal order if he is not aware of its illegality
and he is not negligent.

General Rule: Subordinate cannot invoke this
circumstance when order is patently illegal.
Exception: When there is compulsion of an
irresistible force, or under impulse of
uncontrollable fear.


EXEMPTING CIRCUMSTANCES grounds for
exemption from punishment because there is wanting
in the agent of the crime any of the conditions which
make the act voluntary or negligent.

Basis: The exemption from punishment is based on
the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on
the part of the accused.

Burden of proof: Any of the circumstances is a
matter of defense and must be proved by the
defendant to the satisfaction of the court.


Justifying Exempting
Who/what
is
affected?
Act Actor
Nature of
act
act is considered
legal
act is wrongful but
actor not liable
Existence None Yes, but since
Par. 6 Obedience to a Superior Order
Par. 3 Defense of Stranger
Par. 4 State of Necessity (Avoidance of Greater
Evil or Injury)
Par. 5 Fulfillment of Duty or Lawful Exercise of
a Right or Office
ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
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of a crime voluntariness is absent
the actor is not liable
Liability No criminal and civil
liability BUT there is
civil liability as to
Art.11(4) (state of
necessity)
No criminal liability but
there is civil liability
EXCEPT as to Art.
12(4) (injury by mere
accident) and (7)
(lawful cause)




IMBECILE one while advanced in age has a mental
development comparable to that of children between
2 and 7 years old. He is exempt in all cases from
criminal liability.

INSANE one who acts with complete deprivation of
intelligence/reason or without the least discernment
or with total deprivation of freedom of will. Mere
abnormality of the mental faculties will not exclude
imputability.

General Rule: Exempt from criminal liability
Exception: The act was done during a lucid
interval.

NOTE: Defense must prove that the accused was
insane at the time of the commission of the crime
because the presumption is always in favor of sanity.



Requisite: Offender is under 9 years of age at the
time of the commission of the crime. There is
absolute criminal irresponsibility in the case of a
minor under 9 years of age.

NOTE: Under R.A. 9344 or the Juvenile Justice And
Welfare Act a minor 15 years and below is exempt
from criminal liability


NOTE: Such minor must have acted without
discernment to be exempt. If with discernment, he is
criminally liable.

Presumption: The minor committed the crime
without discernment.

DISCERNMENT mental capacity to fully appreciate
the consequences of the unlawful act, which is shown
by the:
1. manner the crime was committed
2. conduct of the offender after its commission

NOTE: Under R.A. 9344 a minor over 15 but but
below 18 who acted without discernment is
exempt from criminal liability

Elements:
1. A person is performing a lawful act
2. with due care
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.



IRRESISTIBLE FORCE offender uses violence or
physical force to compel another person to commit a
crime.

Elements:
1. The compulsion is by means of physical
force.
2. The physical force must be irresistible.
3. The physical force must come from a third
person.

NOTE: Force must be irresistible so as to reduce the
individual to a mere instrument.




UNCONTROLLABLE FEAR offender employs
intimidation or threat in compelling another to commit
a crime.
DURESS use of violence or physical force

Elements:
1. The threat which causes the fear is of an evil
greater than, or at least equal to, that which
he is required to commit.
2. It promises an evil of such gravity and
imminence that an ordinary man would have
succumbed to it.

NOTE: Duress to be a valid defense should be based
on real, imminent or reasonable fear for ones life or
limb. It should not be inspired by speculative, fanciful
or remote fear. A threat of future injury is not enough.
Par. 4 Accident without fault or intention of
causing it
Par. 5 Irresistible Force
Par. 6 Uncontrollable Fear
Par. 3 Person Over 9 and Under 15 Acting
Without Discernment
Par. 1 Imbecility or Insanity
Par. 2 Under Nine Years of Age
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ACTUS ME INVITO FACTUS NON EST MEUS
ACTUS Any act done by me against my will is not
my act.

PAR 7. Insuperable Cause

INSUPERABLE CAUSE some motive, which has
lawfully, morally or physically prevented a person to
do what the law commands

Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to
some lawful or insuperable cause.

Ex:
1. A priest cant be compelled to reveal what
was confessed to him.
2. No available transportation officer not liable
for arbitrary detention
3. Mother who was overcome by severe
dizziness and extreme debility, leaving child
to die not liable for infanticide (People v.
Bandian, 63 Phil 530)

ABSOLUTORY CAUSES where the act committed
is a crime but for some reason of public policy and
sentiment, there is no penalty imposed. Exempting
and justifying circumstances are absolutory causes.
Examples of such other circumstances are:
1. spontaneous desistance (Art. 6)
2. accessories exempt from criminal liability
(Art. 20)
3. Death or physical injuries inflicted under
exceptional circumstances (Art. 247)
4. persons exempt from criminal liability from
theft, swindling, malicious mischief (Art 332)
5. instigation

NOTE: Entrapment is NOT an absolutory cause. A
buy-bust operation conducted in connection with
illegal drug-related offenses is a form of entrapment.

Entrapment Instigation
The ways and means
are resorted to for the
purpose of trapping
and capturing the
lawbreaker in the
execution of his
criminal plan.
Instigator practically induces the
would-be accused into the
commission of the offense and
himself becomes a co-principal
NOT a bar to
accuseds prosecution
and conviction
Accused will be acquitted
NOT an absolutory
cause
Absolutory cause



Privileged Mitigating Ordinary Mitigating
Offset by any
aggravating
circumstance
Cannot be offset Can be offset by a
generic aggravating
circumstance
Effect on
penalty
Effect of imposing the
penalty by 1 or 2
degrees lower than
that provided by law
If not offset, has the
effect of imposing the
minimum period of
the penalty
Kinds
(Sources)
Minority, Incomplete
Self-defense, two or
more mitigating
circumstance without
any aggravating
circumstance (has the
effect of lowering the
penalty by one
degree). Art. 64, 68
and 69
Those
circumstances
enumerated in
paragraph 1 to 10 of
Article 13


Age Criminal Responsibility/ Effect
15years Absolute irresponsibility, exempting
circumstance
* as amended by RA 9344
15 < and <
18
Conditional responsibility
Without discernment not criminally
liable
With discernment criminally liable
* as amended by RA 9344
Minor
delinquent
Sentence is suspended
18 and 70 Full responsibility

Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY


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Par. 4 Provocation or Threat
> 70 Mitigated responsibility, no imposition of
death penalty, execution of death
sentence may be suspended and
commuted





MITIGATING CIRCUMSTANCES those which if
present in the commission of the crime reduces the
penalty of the crime but does not erase criminal
liability nor change the nature of the crime


NOTE: A mitigating circumstance arising from a
single fact absorbs all the other mitigating
circumstances arising from that same fact.


NOTE: This applies when not all the requisites are
present.
If two requisites are present, it is considered a
privileged mitigating circumstance. However, in
reference to Art.11(4) if any of the last two requisites
is absent, there is only an ordinary mitigating
circumstance. Remember though, that in self-
defense, defense of relative or stranger, unlawful
aggression must always be present as it is an
indispensable requirement.




NOTE: Age of accused is determined by his age at
the date of commission of crime, not date of trial.

NOTE: Can be used only when the proven facts
show that there is a notable and evident disproportion
between the means employed to execute the criminal
act and its consequences.

Factors that can be considered are:
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime
This provision addresses the intention of the offender
at the particular moment when the offender executes
or commits the criminal act, not to his intention during
the planning stage

NOTE: In crimes against persons if victim does not
die, the absence of the intent to kill reduces the
felony to mere physical injuries. It is not considered
as mitigating. It is mitigating only when the victim
dies.

NOTE: It is not applicable to felonies by negligence
because in felonies through negligence, the offender
acts without intent. The intent in intentional felonies is
replaced by negligence or imprudence. There is no
intent on the part of the offender, which may be
considered as diminished




Provocation any unjust or improper conduct or act
of the offended party, capable of exciting, inciting or
irritating anyone.

Requisites:
1. provocation must be sufficient
2. it must originate from the offended party
3. must be immediate to the commission of the
crime by the person who is provoked

NOTE: Threat should not be offensive and positively
strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
thus no longer a mitigating circumstance.





Provocation Vindication
Made directly only to the
person committing the
felony
Grave offense may be also
against the offenders
relatives mentioned by law
Cause that brought
about the provocation
need not be a grave
offense
Offended party must have
done a grave offense to the
offender or his relatives
Necessary that
provocation or threat
immediately preceded
the act. No time interval
May be proximate. Time
interval allowed
Par. 1 Incomplete Justifying or Exempting
Circumstances
Par. 2 Under 18 or Over 70 Years Old
Par. 3 No Intention to Commit so Grave a
Wrong
ART. 13: MITIGATING CIRCUMSTANCES
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Requisites:
1. a grave offense done to the one committing
the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity
within the same degrees
2. the felony is committed in immediate
vindication of such grave offense

NOTE: Immediate allows for a lapse of time, as
long as the offender is still suffering from the mental
agony brought about by the offense to him.
(proximate time, not just immediately after)





Requisites:
1. offender acted upon an impulse
2. the impulse must be so powerful that it
naturally produced passion or obfuscation in
him

NOTE: Act must have been committed not in the
spirit of lawlessness or revenge; act must come from
lawful sentiments.

Act, Which Gave Rise To Passion And
Obfuscation:
1. That there be an act, both unlawful and
unjust
2. The act be sufficient to produce a condition
of mind
3. That the act was proximate to the criminal
act, not admitting of time during which the
perpetrator might recover his normal
equanimity
4. The victim must be the one who caused the
passion or obfuscation

NOTE: Passion and obfuscation cannot co-exist with
treachery since this means that the offender had time
to ponder his course of action.

PASSION & OBFUSCATION IRRESISTIBLE
FORCE
Mitigating Exempting
No physical force needed Requires physical
force
From the offender himself Must come from a
3rd person
Must come from lawful sentiments Unlawful

PASSION & OBFUSCATION PROVOCATION
Produced by an impulse which
may be caused by provocation
Comes from injured
party
Offense which engenders
perturbation of mind need not be
immediate. It is only required that
the influence thereof lasts until
the crime is committed
Immediately precede
the commission of the
crime
Effect is loss of reason and self-
control on the part of the offender
Same





VOLUNTARY
SURRENDER
VOLUNTARY
PLEA OF GUILT
Requisites: 1. offender not
actually arrested
2. offender
surrendered to
person in
authority
3. surrender was
voluntary

1. offender
spontaneously
confessed his
guilt
2. confession was
made in open
court, that is,
before the
competent court
that is to try the
case
3. confession of guilt
was made prior to
the presentation
of the evidence
for the
prosecution

WHEN SURRENDER VOLUNTARY
- must be spontaneous, showing the intent of the
accused to submit himself unconditionally to the
authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and
expense necessarily incurred in his search
and capture.

NOTE: If both are present, considered as two
independent mitigating circumstances. Further
mitigates penalty.

Par. 5 Vindication of Grave Offense
Par. 6 Passion or Obfuscation
Par. 7 Surrender and Confession of Guilt
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NOTES:
plea made after arraignment and after trial
has begun does not entitle accused to the
mitigating circumstance
If accused pleaded not guilty, even if during
arraignment, he is entitled to mitigating
circumstance as long as he withdraws his
plea of not guilty to the charge before the
fiscal could present his evidence.
Plea to a lesser charge is not a Mitigating
Circumstance because to be such, the plea
of guilt must be to the offense charged.
Plea to the offense charged in the amended
info, lesser than that charged in the original
info, is Mitigating Circumstance.




The offender is deaf and dumb, blind or otherwise
suffering from some physical defect, restricting his
means of action, defense or communication with
others.

NOTE: The physical defect must relate to the offense
committed.




Requisites:
1. The illness of the offender must diminish the
exercise of his will-power.
2. Such illness should not deprive the offender
of consciousness of his acts.


Examples Not examples
defendant who is 60 years old
with failing eyesight is similar to a
case of one over 70 yrs old
killing the wrong
person
outraged feeling of owner of
animal taken for ransom is
analogous to vindication of grave
offense
not resisting arrest is
not the same as
voluntary surrender
impulse of jealous feeling, similar
to passion and obfuscation
running amuck is not
mitigating
voluntary restitution of property,
similar to voluntary surrender

extreme poverty, similar to
incomplete justification based on
state of necessity




CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY


AGGRAVATING CIRCUMSTANCES Those which,
if attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period
provided by law for the offense or those that change
the nature of the crime.

BASIS: The greater perversity of the offender
manifested in the commission of the felony as shown
by:
1. the motivating power itself,
2. the place of the commission,
3. the means and ways employed
4. the time, or
5. the personal circumstances of the offender,
or the offended party.


KINDS OF AGGRAVATING CIRCUMSTANCES:
1. Generic - those which apply to all crimes
2. Specific - those which apply only to specific
crimes,
3. Qualifying - those that change the nature of
the crime
4. Inherent - which of necessity accompany
the commission of the crime, therefore not
considered in increasing the penalty to be
imposed
5. Special - those which arise under special
conditions to increase the penalty of the
offense and cannot be offset by mitigating
circumstances

GENERIC
AGGRAVATING
CIRCUMSTANCE
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
EFFECT : When not set
off by any mitigating
circumstance,
Increases the penalty
which should be
imposed upon the
accused to the
EFFECT: Gives the
crime its proper and
exclusive name and
places the author of
the crime in such a
situation as to
deserve no other
Par. 8 Physical Defect of Offender
Par. 9 Illness of the Offender
Par. 10 Similar and Analogous Circumstances
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maximum period but
without exceeding the
limit prescribed by law
penalty than that
specially prescribed
by law for said
crimes (People v.
Bayot, 64Phil269,
273)
If not alleged in the
information, a
qualifying aggravating
circumstance will be
considered generic
To be considered
as such, MUST be
alleged in the
information
May be offset by a
mitigating circumstance.
Cannot be offset by a
mitigating
circumstance

RULES ON AGGRAVATING CIRCUMSTANCES:
1. Aggravating circumstances shall NOT be
appreciated if:
a) They constitute a crime specially
punishable by law, or
b) It is included by the law in defining a crime
with a penalty prescribed, and therefore
shall not be taken into account for the
purpose of increasing the penalty.
Ex: That the crime be committed by means of
fire,explosion (Art. 14, par. 12) is in itself a
crime of arson (Art. 321) or a crime involving
destruction (Art. 324). It is not to be considered to
increase the penalty for the crime of arson or for
the crime involving destruction.

2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity
accompany the commission thereof(Art.62, par.2)

3. Aggravating circumstances which arise:
a) From the moral attributes of the offender;
b) From his private relations with the offended
party; or
c) From any personal cause,

shall only serve to aggravate the liability of the
principals, accomplices and accessories as to
whom such circumstances are attendant. (Art.
62, par. 3)

4. The circumstances which consist :
a) In the material execution of the act, or
b) In the means employed to accomplish it,

shall serve to aggravate the liability of only those
persons who had knowledge of them at the time
of the execution of the act or their cooperation
therein. Except when there is proof of conspiracy
in which case the act of one is deemed to be the
act of all, regardless of lack of knowledge of the
facts constituting the circumstance. (Art. 62, par.
4)

5. Aggravating circumstances, regardless of its
kind, should be specifically alleged in the
information AND proved as fully as the crime
itself in order to increase the penalty. (Sec. 9,
Rule 110, 2000 Rules of Criminal Procedure)

6. When there is more than one qualifying
aggravating circumstance present, one of them
will be appreciated as qualifying aggravating
while the others will be considered as generic
aggravating.


ART. 14: AGGRAVATING CIRCUMSTANCES


Par. 1. That advantage be taken by the offender of
his public position

Requisites:
1. Offender is public officer
2. Public officer must use the influence,
prestige, or ascendancy which his office
gives him as means to realize criminal
purpose

It is not considered as an aggravating
circumstance where taking advantage of official
position is made by law an integral element of the
crime or inherent in the offense,
Ex: malversation (Art. 217), falsification of a
document committed by public officers (Art.
171).
When the public officer did not take advantage of
the influence of his position, this aggravating
circumstance is not present
NOTE : Taking advantage of a public position is
also inherent in the case of accessories under
Art. 19, par. 3 (harboring, concealing, or assisting
in the escape of the principal of the crime), and in
crimes committed by public officers (Arts. 204-
245).

Par. 2. That the crime be committed in contempt
of or with insult to public authorities

Requisites:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is not the person against
whom the crime is committed.
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3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.

PERSON IN AUTHORITY public authority, or
person who is directly vested with jurisdiction and has
the power to govern and execute the laws
Ex:
1. Governor
2. Mayor
3. Barangay captain/ chairman
4. Councilors
5. Government agents
6. Chief of Police

NOTE: A teacher or professor of a public or
recognized private school is not a public authority
within the contemplation of this paragraph. While he
is a person in authority under Art. 152, that status is
only for purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience).

The crime should not be committed against the
public authority (otherwise it will constitute direct
assault under Art.148)
This is NOT applicable when committed in the
presence of a mere agent.
AGENT subordinate public officer charged w/ the
maintenance of public order and protection and
security of life and property
Ex: barrio vice lieutenant, barrio councilman

Par. 3. That the act be committed:
(1) with insult or in disregard of the respect
due the offended party on account of his
(a)rank, (b) age, or (c) sex or

(2) that it be committed in the dwelling of the
offended party, if the latter has not given
provocation

Rules regarding par 3(1):
1. These circumstances shall only be
considered as one aggravating circumstance.
2. Rank, age, sex may be taken into account
only in crimes against persons or honor, they
cannot be invoked in crimes against property.
3. It must be shown that in the commission of
the crime the offender deliberately intended
to offend or insult the sex, age and rank of
the offended party.

RANK The designation or title of distinction used to
fix the relative position of the offended party in
reference to others (There must be a difference in the
social condition of the offender and the offended
party).

AGE may refer to old age or the tender age of the
victim.

SEX refers to the female sex, not to the male sex.

The AC of disregard of rank, age, or sex is not
applicable in the following cases:
1. When the offender acted with passion and
obfuscation.
2. When there exists a relationship between the
offended party and the offender.
3. When the condition of being a woman is
indispensable in the commission of the
crime.
(Ex: in parricide, abduction, seduction
and rape)

People vs. Lapaz, March 31, 1989
Disregard of sex and age are not absorbed in
treachery because treachery refers to the manner of
the commission of the crime, while disregard of sex
and age pertains to the relationship of the victim.

DWELLING must be a building or structure
exclusively used for rest and comfort (combination of
house and store not included), may be temporary as
in the case of guests in a house or bedspacers. It
includes dependencies, the foot of the staircase and
the enclosure under the house

NOTES:
The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part thereof.
Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He must,
however, be actually living or dwelling therein
even for a temporary duration or purpose.
It is not necessary that the accused should have
actually entered the dwelling of the victim to
commit the offense; it is enough that the victim
was attacked inside his own house, although the
assailant may have devised means to perpetrate
the assault from without.

What aggravates the commission of the crime in
ones dwelling:
1. The abuse of confidence which the offended
party reposed in the offender by opening the
door to him; or
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2. The violation of the sanctity of the home by
trespassing therein with violence or against
the will of the owner.

Meaning of provocation in the aggravating
circumstance of dwelling:
The provocation must be:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.

NOTE: If all these conditions are present, the
offended party is deemed to have given the
provocation, and the fact that the crime is committed
in the dwelling of the offended party is NOT an
aggravating circumstance.
REASON: When it is the offended party who has
provoked the incident, he loses his right to the
respect and consideration due him in his own
house.

Dwelling is not aggravating in the following
cases:
1. When both the offender and the offended
party are occupants of the same house, and
this is true even if offender is a servant in the
house.
exception: In case of adultery in the
conjugal dwelling, the same is
aggravating. However, if the paramour
also dwells in the conjugal dwelling, the
applicable aggravating circumstance is
abuse of confidence.

2. When robbery is committed by the use of
force upon things, dwelling is not aggravating
because it is inherent.

However, dwelling is aggravating in
robbery with violence against or
intimidation of persons because this class
of robbery can be committed without the
necessity of trespassing the sanctity of the
offended partys house.

3. In the crime of trespass to dwelling, it is
inherent or included by law in defining the
crime.

4. When the owner of the dwelling gave
sufficient and immediate provocation.
There must exist a close relation between
the provocation made by the victim and the
commission of the crime by the accused.

5. The victim is not a dweller of the house.

Par. 4. That the act be committed with:
(1) abuse of confidence or
(2) obvious ungratefulness

There are two aggravating circumstances present
under par.4 which must be independently
appreciated if present in the same case
While one may be related to the other in the factual
situation in the case, they cannot be lumped
together. Abuse of confidence requires a special
confidential relationship between the offender and
the victim, while this is not required for there to be
obvious ungratefulness

Requisites Of Abuse Of Confidence:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated the
commission of the crime.

NOTE: Abuse of confidence is inherent in
malversation (Art. 217), qualified theft (Art. 310),
estafa by conversion or misappropriation (Art. 315),
and qualified seduction (Art. 337).

Requisites of obvious ungratefulness:
1. That the offended party had trusted the
offender;
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the act be committed with obvious
ungratefulness.

NOTE: The ungratefulness contemplated by par. 4
must be such clear and manifest ingratitude on the
part of the accused.

Par. 5. That the crime be committed in the palace
of the Chief Executive, or in his presence, or
where public authorities are engaged in the
discharge of their duties, or in a place
dedicated to religious worship.

Actual performance of duties is not necessary
when crime is committed in the palace or in the
presence of the Chief Executive

Requisites Regarding Public Authorities:
1. crime occurred in the public office
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2. public authorities are actually performing
their public duties

PAR. 5. Where public
authorities are engaged
in the discharge of their
duties
PAR. 2. Contempt or
insult to public
authorities
FOR BOTH, Public authorities are in the performance
of their duties
Place where public duty is performed
In their office. Outside of their office.
The offended party
May or may not be the
public authority
Public authority should
not be the offended
party

Requisites (Place Dedicated To Religious
Worship):
1. The crime occurred in a place dedicated to
the worship of God regardless of religion
2. The offender must have decided to commit
the crime when he entered the place of
worship

Except for the third which requires that official
functions are being performed at the time of the
commission of the crime, the other places
mentioned are aggravating per se even if no
official duties or acts of religious worship are
being conducted there.
Cemeteries, however respectable they may be,
are not considered as place dedicated to the
worship of God.

Par. 6. That the crime be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band,
whenever such circumstance may facilitate
the commission of the offense

NOTE: When present in the same case and their
element are distinctly palpable and can subsist
independently, they shall be considered separately.

When nighttime, uninhabited place or band
aggravating:
1. When it facilitated the commission of the
crime; or
2. When especially sought for by the offender to
insure the commission of the crime or for the
purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity

NIGHTTIME (obscuridad) that period of darkness
beginning at the end of dusk and ending at dawn.

Commission of the crime must begin and be
accomplished in the nighttime. When the
place of the crime is illuminated by light,
nighttime is not aggravating. It is not
considered aggravating when the crime
began at daytime.
Nighttime is not especially sought for when
the notion to commit the crime was
conceived of shortly before commission or
when crime was committed at night upon a
casual encounter
However, nighttime need not be specifically
sought for when (1) it facilitated the
commission of the offense, or (2) the
offender took advantage of the same to
commit the crime
A bare statement that crime was committed
at night is insufficient. The information must
allege that nighttime was sought for or taken
advantage of, or that it facilitated the crime

GENERAL RULE: Nighttime is absorbed in
treachery.
EXCEPTION: Where both the treacherous mode
of attack and nocturnity were deliberately decided
upon in the same case, they can be considered
separately if such circumstances have different
factual bases. Thus:
In People vs. Berdida, et. al. (June 30,
1966), nighttime was considered since it was
purposely sought, and treachery was further
appreciated because the victims hands and
arms were tied together before he was
beaten up by the accused.
In People vs. Ong, et. al. (Jan. 30, 1975),
there was treachery as the victim was
stabbed while lying face up and defenseless,
and nighttime was considered upon proof
that it facilitated the commission of the
offense and was taken advantage of by the
accused.

UNINHABITED PLACE (despoblado) one where
there are no houses at all, a place at a considerable
distance from town, where the houses are scattered
at a great distance from each other

Solitude must be sought to better attain the
criminal purpose
What should be considered here is whether in the
place of the commission of the offense, there was
a reasonable possibility of the victim receiving
some help.
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BAND (en cuadrilla) whenever there are more
than 3 armed malefactors that shall have acted
together in the commission of an offense

NOTE: There must be four or more armed men

If one of the four-armed malefactors is a principal
by inducement, they do not form a band because
it is undoubtedly connoted that he had no direct
participation.
By a band is aggravating in crimes against
property or against persons or in the crime of
illegal detention or treason but does not apply to
crimes against chastity
By a band is inherent in brigandage
This aggravating circumstance is absorbed in the
circumstance of abuse of superior strength

Par. 7. That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune.
Requisites:
1. The crime was committed when there was a
calamity or misfortune
2. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune

If the offended was PROVOKED by the offended
party during the calamity/misfortune, this
aggravating circumstance may not be taken into
consideration.

Par. 8.That the crime be committed with the aid of
(1) armed men or
(2) persons who insure or afford impunity

Requisites:
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid
or relied upon them when the crime was
committed.

NOTE: This aggravating circumstance requires that
the armed men are accomplices who take part in a
minor capacity directly or indirectly, and not when
they were merely present at the crime scene. Neither
should they constitute a band, for then the proper
aggravating circumstance would be cuadrilla.

When This Aggravating Circumstance Shall Not
Be Considered:
1. When both the attacking party and the party
attacked were equally armed.
2. When the accused as well as those who
cooperated with him in the commission of the
crime acted under the same plan and for the
same purpose.
3. When the others were only casually present
and the offender did not avail himself of any
of their aid or when he did not knowingly
count upon their assistance in the
commission of the crime

Par. 6 By a band Par. 8. With the aid of
armed men
As to their number
Requires more than three
armed malefactors (i.e.,
at least four)
At least two
As to their action
Requires that more than
three armed malefactors
shall have acted together
in the commission of an
offense.
This circumstance is
present even if one of the
offenders merely relied on
their aid, for actual aid is
not necessary.

If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are
three armed men or less, aid of armed men may
be the aggravating circumstance.
Aid of armed men includes armed women.


Par. 9. That the accused is a recidivist

RECIDIVIST one who at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the RPC.

Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.

MEANING OF at the time of his trial for one
crime.
It is employed in its general sense, including the
rendering of the judgment. It is meant to include
everything that is done in the course of the trial, from
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arraignment until after sentence is announced by the
judge in open court.

What is controlling is the TIME OF THE TRIAL,
not the time of the commission of the offense.

GENERAL RULE: To prove recidivism, it is
necessary to allege the same in the information and
to attach thereto certified copy of the sentences
rendered against the accused.
Exception: If the accused does not object and
when he admits in his confession and on the
witness stand.
Recidivism must be taken into account no matter
how many years have intervened between the
first and second felonies.

Amnesty extinguishes the penalty and its effects.
However, pardon does not obliterate the fact that
the accused was a recidivist. Thus, even if the
accused was granted a pardon for the first
offense but he commits another felony embraced
in the same title of the Code, the first conviction
is still counted to make him a recidivist

Being an ordinary aggravating circumstance,
recidivism affects only the periods of a penalty,
except in prostitution and vagrancy (Art. 202) and
gambling (PD 1602) wherein recidivism increases
the penalties by degrees. No other generic
aggravating circumstance produces this effect

In recidivism it is sufficient that the succeeding
offense be committed after the commission of the
preceding offense provided that at the time of his
trial for the second offense, the accused had
already been convicted of the first offense.

If both offenses were committed on the same
date, they shall be considered as only one,
hence, they cannot be separately counted in
order to constitute recidivism. Also, judgments of
convicted handed down on the same day shall be
considered as only one conviction.
REASON: Because the Code requires that to be
considered as separate convictions, at the time of
his trial for one crime the accused shall have
been previously convicted by final judgment of
the other.

Par. 10. That the offender has been previously
punished for an offense to which the law
attaches an equal or greater penalty or for
two or more crimes to which it attaches a
lighter penalty.

Requisites Of Reiteracion Or Habituality:
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
a) Equal or
b) Greater penalty, or
c) For two or more crimes to which it
attaches a lighter penalty than that
for the new offense; and
3. That he is convicted of the new offense

HABITUALITY RECIDIVISM
As to the first offense
It is necessary that the
offender shall have
served out his
sentence for the first
offense
It is enough that a
final judgment has
been rendered in the
first offense.
As to the kind of offenses involved
The previous and
subsequent offenses
must not be em
braced in the same
title of the Code.
Requires that the
offenses be included
in the same title of the
Code.

THE FOUR FORMS OF REPETITION ARE:

1. Recidivism (par. 9, Art. 14) Where a person,
on separate occasions, is convicted of two offenses
embraced in the same title in the RPC. This is a
generic aggravating circumstance.

2. Reiteracion or Habituality (par. 10, Art. 14)
Where the offender has been previously punished for
an offense to which the law attaches an equal or
greater penalty or for two crimes to which it attaches
a lighter penalty. This is a generic aggravating
circumstance.

3. Multi-recidivism or Habitual delinquency (Art.
62, par, 5) Where a person within a period of ten
years from the date of his release or last conviction of
the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found guilty of
the said crimes a third time or oftener. This is an
extraordinary aggravating circumstance.

4. Quasi-recidivism (Art. 160) Where a person
commits felony before beginning to serve or while
serving sentence on a previous conviction for a
felony. This is a special aggravating circumstance.

Since reiteracion provides that the accused has
duly served the sentence for his previous
conviction/s, or is legally considered to have
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done so, quasi-recidivism cannot at the same
time constitute reiteracion, hence this
aggravating circumstance cannot apply to a
quasi-recidivist.

If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be
proven.

Par. 11. That the crime be committed in
consideration of price, reward or promise.

Requisites:
1. There are at least 2 principals:
The principal by inducement (one who
offers)
The principal by direct participation
(accepts)
2. The price, reward, or promise should be
previous to and in consideration of the
commission of the criminal act

NOTE: The circumstance is applicable to both
principals .It affects the person who received the
price / reward as well as the person who gave it.

If without previous promise it was given
voluntarily after the crime had been committed as
an expression of his appreciation for the
sympathy and aid shown by the other accused, it
should not be taken into consideration for the
purpose of increasing the penalty.

The price, reward or promise need not consist of
or refer to material things or that the same were
actually delivered, it being sufficient that the offer
made by the principal by inducement be
accepted by the principal by direct participation
before the commission of the offense.

The inducement must be the primary
consideration for the commission of the crime.

Par. 12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding
of a vessel or intentional damage thereto,
derailment of a locomotive, or by use of any
artifice involving great waste and ruin

The circumstances under this paragraph will only
be considered as aggravating if and when they
are used by the offender as a means to
accomplish a criminal purpose

When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as generic
aggravating circumstance only

When used as a means to kill another person,
the crime is qualified to murder.

PAR. 12 by means
of inundation, fire,
etc.
PAR. 7 on the
occasion of a
conflagration,
shipwreck, etc.
The crime is
committed by means
of any such acts
involving great waste
or ruin.
The crime is committed
on the occasion of a
calamity or misfortune.


Par. 13. That the act be committed with evident
premeditation

Requisites:
The prosecution must prove
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and
to allow his conscience to overcome the
resolution of his will.

Essence of premeditation: The execution of the
criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgment.

To establish evident premeditation, it must be
shown that there was a period sufficient to afford
full opportunity for meditation and reflection, a
time adequate to allow the conscience to
overcome the resolution of the will, as well as
outward acts showing the intent to kill. It must be
shown that the offender had sufficient time to
reflect upon the consequences of his act but still
persisted in his determination to commit the
crime. (PEOPLE vs. SILVA, et. al., GR No.
140871, August 8, 2002)

Premeditation is absorbed by reward or promise.

When the victim is different from that intended,
premeditation is not aggravating. However, if the
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offender premeditated on the killing of any
person, it is proper to consider against the
offender the aggravating circumstance of
premeditation, because whoever is killed by him
is contemplated in his premeditation.

Par. 14. That (1) craft, (2) fraud, or (3) disguise be
employed.

Requisite
The offender must have actually used craft, fraud, or
disguise to facilitate the commission of the crime.

CRAFT (astucia) involved the use of intellectual
trickery or cunning on the part of the accused.
A chicanery resorted to by the accused to aid in the
execution of his criminal design. It is employed as a
scheme in the execution of the crime.

FRAUD (fraude) insidious words or machinations
used to induce the victim to act in a manner which
would enable the offender to carry out his design.

FRAUD CRAFT
Where there is a direct
inducement by insidious
words or machinations,
fraud is present.
The act of the
accused done in
order not to arouse
the suspicion of the
victim constitutes
craft.

Craft and fraud may be absorbed in treachery if
they have been deliberately adopted as the
means, methods or forms for the treacherous
strategy, or they may co-exist independently
where they are adopted for a different purpose in
the commission of the crime.

Ex:
In People vs. San Pedro (Jan. 22, 1980),
where the accused pretended to hire the
driver in order to get his vehicle, it was held
that there was craft directed to the theft of the
vehicle, separate from the means
subsequently used to treacherously kill the
defenseless driver.

In People vs. Masilang (July 11, 1986) there
was also craft where after hitching a ride, the
accused requested the driver to take them to
a place to visit somebody, when in fact they
had already planned to kill the driver.

DISGUISE (disfraz) resorting to any device to
conceal identity.

The test of disguise is whether the device or
contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false hair or
beard.

The use of an assumed name in the publication
of a libel constitutes disguise.

Par. 15. That (1) advantage be taken of superior
strength, or (2) means be employed to
weaken the defense.

Par. 15 contemplates two aggravating circumstances,
either of which qualifies a killing to murder.
MEANING OF advantage be taken :
To deliberately use excessive force that is out of
proportion to the means for self-defense available to
the person attacked. (PEOPLE vs. LOBRIGAS, et.
al., GR No. 147649, December 17, 2002)

No Advantage Of Superior Strength In The
Following:
1. One who attacks another with passion and
obfuscation does not take advantage of his
superior strength.
2. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the
aggressor and his victim were engaged
against each other as man to man.

TEST for abuse of superior strength: the
relative strength of the offender and his victim
and whether or not he took advantage of his
greater strength.

When there are several offenders participating in
the crime, they must ALL be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.

Abuse of superior strength is inherent in the
crime of parricide where the husband kills the
wife. It is generally accepted that the husband is
physically stronger than the wife.

Abuse of superior strength is also present when
the offender uses a weapon which is out of
proportion to the defense available to the
offended party.

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BY A BAND ABUSE OF
SUPERIOR
STRENGTH
The element of
band is appreciated
when the offense is
committed by more
than three armed
malefactors
regardless of the
comparative
strength of the
victim or victims.
The gravamen of
abuse of superiority
is the taking
advantage by the
culprits of their
collective strength to
overpower their
relatively weaker
victim or victims.
Hence, what is taken
into account here is
not the number of
aggressors nor the
fact that they are
armed, but their
relative physical
strength vis-a vis the
offended party.

NOTE: Abuse of superior strength absorbs cuadrilla
(band).

MEANING OF Means employed to weaken
defense - the offender employs means that
materially weaken the resisting power of the offended
party.

Ex:
1. Where one, struggling with another, suddenly
throws a cloak over the head of his opponent
and while in this situation he wounds or kills
him.
2. One who, while fighting with another,
suddenly casts sand or dirt upon the latter
eyes and then wounds or kills him.
3. When the offender, who had the intention to
kill the victim, made the deceased
intoxicated, thereby materially weakening the
latters resisting power.
NOTE: This circumstance is applicable only to
crimes against persons, and sometimes against
person and property, such as robbery with
physical injuries or homicide.

Par. 16. That the act be committed with treachery
(alevosia)

TREACHERY when the offender commits any of
the crimes against the person, employing means,
methods or forms in the execution thereof which tend
directly and specially to insure its execution without
risk to himself arising from the defense which the
offended party might make.

Requisites:
1. That at the time of the attack, the victim was
not in a position to defend himself; and
2. That the offender consciously adopted the
particular means, method or form of attack
employed by him.

TEST: It is not only the relative position of the parties
but, more specifically, whether or not the victim was
forewarned or afforded the opportunity to make a
defense or to ward off the attack.

Rules Regarding Treachery:
1. Applicable only to crimes against persons.
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously
adopted.

Treachery is taken into account even if the crime
against the person is complexed with another
felony involving a different classification in the
Code. Accordingly, in the special complex crime
of robbery with homicide, treachery but can be
appreciated insofar as the killing is concerned.

The suddenness of attack in itself does not
constitute treachery, even if the purpose was to
kill, so long as the decision was made all of a
sudden and the victims helpless position was
accidental.

Treachery applies in the killing of a child even if
the manner of attack is not shown.

Treachery must be proved by clear and
convincing evidence

Treachery is considered against all the offenders
when there is conspiracy.

WHEN MUST TREACHERY BE PRESENT:
1. When the aggression is continuous,
treachery must be present in the beginning of
the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)

Thus, even if the deceased was shot
while he was lying wounded on the
ground, it appearing that the firing of the
shot was a mere continuation of the
assault in which the deceased was
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wounded, with no appreciable time
intervening between the delivery of the
blows and the firing of the shot, it cannot
be said that the crime was attended by
treachery.

2. When the assault was not continuous, in
that there was interruption, it is sufficient that
treachery was present at the moment the
fatal blow was given.

Hence, even though in the inception of
the aggression which ended in the death
of the deceased, treachery was not
present, if there was a break in the
continuity of the aggression and at the
time of the fatal wound was inflicted on
the deceased he was defenseless, the
circumstance of treachery must be taken
into account.

Treachery Should Be Considered Even If:
1. The victim was not predetermined but there
was a generic intent to treacherously kill any
first two persons belonging to a class. (The
same rule obtains for evident premeditation).

2. There was aberratio ictus and the bullet hit a
person different from that intended. (The rule
is different in evident premeditation).

3. There was error in personae, hence the
victim was not the one intended by the
accused. (A different rule is applied in
evident premeditation).

REASON FOR THE RULE: When there is
treachery, it is impossible for either the intended
victim or the actual victim to defend himself
against the aggression.

TREACHERY ABSORBS:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
4. Cuadrilla (band)
5. Aid of armed men
6. Nighttime





TREACHERY ABUSE OF
SUPERIOR
STRENGTH
MEANS
EMPLOYED TO
WEAKEN
DEFENSE
Means, methods
or forms are
employed by the
offender to make it
impossible or hard
for the offended
party to put any
sort of resistance
Offender does
not employ
means,
methods or
forms of attack,
he only takes
advantage of his
superior
strength
Means are
employed but it
only materially
weakens the
resisting power of
the offended
party

Par. 17. That means be employed or
circumstances brought about which add
ignominy to the natural effects of the act

IGNOMINY is a circumstance pertaining to the
moral order, which adds disgrace and obloquy to the
material injury caused by the crime.

MEANING OF which add ignominy to the natural
effects thereof
The means employed or the circumstances brought
about must tend to make the effects of the crime
more humiliating to victim or to put the offended party
to shame, or add to his moral suffering. Thus it is
incorrect to appreciate ignominy where the victim was
already dead when his body was dismembered, for
such act may not be considered to have added to the
victims moral suffering or humiliation. (People vs.
Carmina, G.R. No. 81404, January 28, 1991)

Applicable to crimes against chastity, less
serious physical injuries, light or grave
coercion, and murder.

Par. 18. That the crime be committed after an
unlawful entry.

UNLAWFUL ENTRY - when an entrance is effected
by a way not intended for the purpose.

NOTE: Unlawful entry must be a means to effect
entrance and not for escape.

REASON FOR AGGRAVATION:
One who acts, not respecting the walls erected by
men to guard their property and provide for their
personal safety, shows a greater perversity, a greater
audacity; hence, the law punishes him with more
severity.

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Par. 19. That as a means to the commission of a
crime, a wall, roof, floor, door, or window be
broken.



Applicable only if such acts were done by
the offender to effect ENTRANCE. If the
wall, etc., is broken in order to get out of the
place, it is not an aggravating circumstance.

It is NOT necessary that the offender should
have entered the building Therefore, If the
offender broke a window to enable himself to
reach a purse with money on the table near
that window, which he took while his body
was outside of the building, the crime of theft
was attended by this aggravating
circumstance.

PAR. 19 PAR. 18
It involves the breaking
(rompimiento) of the
enumerated parts of
the house.
Presupposes that there
is no such breaking as
by entry through the
window.

NOTE: Breaking in is lawful in the following
instances:
1. An officer, in order to make an arrest, may
break open a door or window of any building
in which the person to be arrested is or is
reasonably believed to be;
2. An officer, if refused admittance, may break
open any door or window to execute the
search warrant or liberate himself,
3. Replevin, Section 4, Rule 60 of the Rules of
Court

Par. 20. That the crime be committed
(1) with the aid of persons under fifteen (15)
years of age, or
(2) by means of motor vehicles, airships, or
other similar means.

TWO DIFFERENT CIRCUMSTANCES GROUPED
IN THIS PARAGRAPH:
1. With the aid of persons under fifteen years of
age:
Intends to repress, so far as possible, the
frequent practice resorted to by professional
criminals to avail themselves of minors taking
advantage of their irresponsibility.
2. By means of motor vehicles, airships, or
other similar means:
Intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
same is committed.

Use of motor vehicle is aggravating where
the accused purposely and deliberately used
the motor vehicle in going to the place of the
crime, in carrying away the effects thereof,
and in facilitating their escape.
MEANING OF or other similar means
Should be understood as referring to motorized
vehicles or other efficient means of transportation
similar to automobile or airplane.


Par. 21. That the wrong done in the commission
of the crime be deliberately augmented by
causing other wrong not necessary for its
commission

CRUELTY there is cruelty when the culprit enjoys
and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.

Requisites:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.

Cruelty is not inherent in crimes against persons.
In order for it to be appreciated, there must be
positive proof that the wounds found on the body
of the victim were inflicted while he was still alive
in order unnecessarily to prolong physical
suffering.
Cruelty cannot be presumed
If the victim was already dead when the acts of
mutilation were being performed, this would also
qualify the killing to murder due to outraging of
his corpse.

IGNOMINY (PAR.17) CRUELTY (PAR. 21)
Involves MORAL
suffering
Refers to PHYSICAL
suffering

Unlike mitigating circumstances (par. 10, Art.
13), there is NO provision for aggravating
circumstances of a similar or analogous
character.


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CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES










ART.15 Concept of Alternative Circumstances

BASIS:
The nature and effects of the crime and the other
conditions attending its commission.

THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship;
2. Intoxication; and
3. Degree of instruction and education of the
offender.
RELATIONSHIP
The alternative circumstance of relationship shall be
taken into consideration when the offended party is
the
1. Spouse,
2. Ascendant,
3. Descendant,
4. Legitimate, natural, or adopted brother or
sister, or
5. Relative by affinity in the same degree of the
offender.

Other Relatives Included (By Analogy):
1. The relationship of stepfather or stepmother
and stepson or stepdaughter.
REASON: It is the duty of the
stepparents to bestow upon their
stepchildren a mothers/fathers affection,
care and protection.
2. The relationship of adopted parent and
adopted child.

NOTE: But the relationship of uncle and niece is not
covered by any of the relationship mentioned.



When Relationship Mitigating And When
Aggravating:
1. As a rule, relationship is mitigating in crimes
against property, by analogy to the provisions of
Art. 332.
Thus, relationship is mitigating in the crimes
of robbery (Arts. 294-302), usurpation (Art.
312), fraudulent insolvency (Art. 314) and
arson (Arts. 321-322, 325-326).

2. In crimes against persons
a) It is aggravating where the offended party is
a relative of
I. a higher degree than the offender, or
II. when the offender and the offended party
are relatives of the same level (e.g.
brothers)

b) But when it comes to physical injuries:
i. It is aggravating when the crime
involves serious physical injuries (Art.
263), even if the offended party is a
descendant of the offender. But the
serious physical injuries must not be
inflicted by a parent upon his child by
excessive chastisement.
ii. It is mitigating when the offense
committed is less serious physical
injuries or slight physical injuries, if the
offended party is a relative of a lower
degree.
iii. It is aggravating if the offended party is
a relative of a higher degree of the
offender.

c) When the crime is homicide or murder,
relationship is aggravating even if the victim
of the crime is a relative of a lower degree.

d) In rape, relationship is aggravating where a
stepfather raped his stepdaughter or in a
case where a father raped his own daughter.

3. In crimes against chastity, like acts of
lasciviousness (Art. 336), relationship is always
aggravating, regardless of whether the offender
is a relative of a higher or lower degree of the
offended party.

When the qualification given to the crime is
derived from the relationship between the
offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseparable from and inherent in the offense.
(e.g. parricide, adultery and concubinage).

ALTERNATIVE CIRCUMSTANCES Those
which must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the other
conditions attending its commission.

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INTOXICATION

When Intoxication Mitigating And When
Aggravating:
1. Mitigating
i. If intoxication is not habitual, or
ii. If intoxication is not subsequent to the plan to
commit a felony.

2. Aggravating
i. If intoxication is habitual, or
ii. If it is intentional (subsequent to the plan to
commit a felony).

To Be Entitled To The Mitigating Circumstance Of
Intoxication, It Must Be Shown:
1. That at the time of the commission of the
criminal act, the accused has taken such
quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree
of control, and
2. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.
To be mitigating, the accuseds state of
intoxication must be proved. Once
intoxication is established by satisfactory
evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
unintentional.

INSTRUCTION OR EDUCATION
As an alternative circumstance it does not
refer only to literacy but more to the level of
intelligence of the accused.
Refers to the lack or presence of sufficient
intelligence and knowledge of the full
significance of ones acts.
Low degree of instruction and education
or lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender took
advantage of his learning in committing the
crime.

GENERAL RULE: Lack of sufficient education is
mitigating.
EXCEPTIONS:
1. Crimes against property (e.g. arson,
estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason because love of country
should be a natural feeling of every
citizen, however unlettered or uncultured
he may be.
TITLE TWO
PERSONS CRIMINALLY LIABLE FOR
FELONIES


ART.16.WHO ARE CRIMINALLY LIABLE

Note that accessories are not liable for light
felonies. REASON: In the commission of light
felonies, the social wrong as well as the
individual prejudice is so small that penal
sanction is unnecessary.

The classification of the offenders as principal,
accomplice or an accessory is essential under
the RPC. The classification maybe applied to
special laws only if the latter provides for the
same graduated penalties as those provided
under the RPC.
There Are Two Parties In All Crimes:
1. Active subject (the criminal)
Art. 16 enumerates the active subjects
of the crime.
2. Passive subject (the injured party)
Is the holder of the injured right: the
man, the juristic person, the group, and
the State.
Note: Only natural persons can be the
active subject of crime because of the
highly personal nature of the criminal
responsibility.

However, corporation and partnership
can be a passive subject of a crime.

GENERALLY: Corpses and animals
cannot be passive subjects because
they have no rights that may be
injured.
EXCEPTION: Under Art. 253, the
crime of defamation may be
committed if the imputation tends to
blacken the memory of one who is
dead.

This article applies only when the
offenders are to be judged by their
individual, and not collective, liability.



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ART.17.PRINCIPALS

THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION
(par.1)
2. Principal by INDUCTION (par.2)
3. Principal by INDISPENSABLE
COOPERATION (par.3)
Requisites:
1. That they participated in the criminal
resolution; and (conspiracy)
2. That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.

NOTE: If the second element is missing, those who
did not participate in the commission of the acts of
execution cannot be held criminally liable, unless the
crime agreed to be committed is treason, sedition,
coup d etat or rebellion.

MEANING OF personally took part in its
execution
That the principal by direct participation must
be at the scene of the commission of the
crime, personally taking part in its execution.
Under conspiracy, although he was not
present in the scene of the crime, he is
equally liable as a principal by direct
participation.
Ex: One serving as guard pursuant to the
conspiracy is a principal by direct
participation

CONSPIRACY there is unity of purpose and
intention.

How conspiracy is established:
It is proven by overt act and beyond reasonable
doubt
Mere knowledge or approval is insufficient
It is not necessary that there be formal
agreement
Conspiracy is implied when the accused had a
common purpose and were united in execution.
Unity of purpose and intention in the commission
of the crime may be shown in the following
cases:
1. Spontaneous agreement at the moment of
the commission of the crime
2. Active cooperation by all the offenders in the
perpetration of the crime
3. Contribution by positive acts to the realization
of a common criminal intent
4. Presence during the commission of the crime
by a band and lending moral support thereto.
While conspiracy may be implied from the
circumstances attending the commission of the
crime, it is nevertheless a rule that conspiracy
must be established by positive and conclusive
evidence.

NOTES:
Conspirator is not liable for the crimes of the
others which are not the object of the conspiracy
nor are logical or necessary consequences
thereof

Regarding multiple rape each rapist is liable for
anothers crime because each cooperated in the
commission of the rapes perpetrated by the
others
EXCEPTION: in the crime of murder w/
treachery all the offenders must at least
know that there will be treachery in executing
the crime or cooperate therein.

No such thing as conspiracy to commit an
offense through negligence. However, special
laws may make one a co-principal.

Conspiracy is negated by the acquittal of co-
defendant.



Requisites:
1. That the inducement be made directly with
the intention of procuring the commission of
the crime; and
2. That such inducement be the determining
cause of the commission of the crime by the
material executor.

One cannot be held guilty of having instigated the
commission of the crime without first being
shown that the crime was actually committed (or
attempted) by another.
Thus, there can be no principal by inducement
(or by indispensable cooperation) unless there is
a principal by direct participation. But there can
be a principal by direct participation without a
Par. 1 Principals by direct participation
Par. 2 Principals by induction
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principal by inducement (or by indispensable
cooperation).

Two Ways Of Becoming Principal By Induction:
1. By directly forcing another to commit a crime
by :
a) Using irresistible force.
b) Causing uncontrollable fear.
In these cases, there is no conspiracy, not
even a unity of criminal purpose and
intention. Only the one using the force or
causing the fear is criminally liable. The
material executor is not criminally liable
because of Art. 12, pars. 5 and 6
(exempting circumstances)

2. By directly inducing another to commit a
crime by
a) Giving of price, or offering of reward or
promise.
The one giving the price or offering the
reward or promise is a principal by
inducement while the one committing the
crime in consideration thereof is a principal
by direct participation. There is collective
criminal responsibility.

b) Using words of command
The person who used the words of
command is a principal by inducement
while the person who committed the crime
because of the words of command is a
principal by direct participation. There is
also collective criminal responsibility.

Requisites for words of command to be
considered inducement:
1. Commander has the intention of procuring
the commission of the crime
2. Commander has ascendancy or influence
3. Words used be so direct, so efficacious, so
powerful
4. Command be uttered prior to the commission
5. Executor had no personal reason

NOTE: Words uttered in the heat of anger and in the
nature of the command that had to be obeyed do not
make one an inductor.

The inducement must precede the act induced
and must be so influential in producing the
criminal act that without it, the act would not have
been performed. Mere imprudent advice is not
inducement.
If the person who actually committed the crime
had reason of his own to commit the crime, it
cannot be said that the inducement was
influential in producing the criminal act.

PRINCIPAL BY
INDUCEMENT
OFFENDER WHO
MADE PROPOSAL TO
COMMIT A FELONY
In both

There is an inducement to commit a crime
When liable

Becomes liable only
when the crime is
committed by the
principal by direct
participation.

The mere proposal to
commit a felony is
punishable in treason or
rebellion. However, the
person to whom the
proposal is made should
not commit the crime,
Otherwise, the proponent
becomes a principal by
inducement.
What kind of crime involved
Involves any crime The proposal to be
punishable must involve
only treason or rebellion.

Effects Of Acquittal Of Principal By Direct
Participation Upon Liability Of Principal By
Inducement:
1. Conspiracy is negatived by the acquittal of co-
defendant.

2. One cannot be held guilty of having instigated the
commission of a crime without first being shown
that the crime has been actually committed by
another.
But if the one charged as principal by direct
participation is acquitted because he acted
without criminal intent or malice, his acquittal
is not a ground for the acquittal of the
principal by inducement.

REASON FOR THE RULE: In exempting
circumstances, such as when the act is not
voluntary because of lack of intent on the
part of the accused, there is a crime
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committed, only that the accused is not a
criminal.



Requisites:
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of
criminal purpose and intention immediately
before the commission of the crime charged;
and
2. Cooperation in the commission of the offense
by performing another act, without which it
would not have been accomplished.

MEANING OF cooperation in the commission of
the offense
To desire or wish in common a thing. But that
common will or purpose does not necessarily mean
previous understanding, for it can be explained or
inferred from the circumstances of each case.
NOTE: If the cooperation is not indispensable,
the offender is only an accomplice.

Collective Criminal Responsibility:
This is present when the offenders are criminally
liable in the same manner and to the same
extent. The penalty to be imposed must be the
same for all.
Principals by direct participation have collective
criminal responsibility. Principals by induction,
(except those who directly forced another to
commit a crime) and principals by direct
participation have collective criminal
responsibility. Principals by indispensable
cooperation have collective criminal
responsibilities with the principals by direct
participation.

Individual Criminal Responsibility:
In the absence of any previous conspiracy,
unity of criminal purpose and intention
immediately before the commission of the
crime, or community of criminal design, the
criminal responsibility arising from different acts
directed against one and the same person is
considered as individual and not collective, and
each of the participants is liable only for the act
committed by him.

QUASI-COLLECTIVE criminal responsibility:
Some of the offenders in the crime are principals and
the others are accomplices.

ART.18.ACCOMPLICES

ACCOMPLICES - Persons who do not act as
principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime.
They act as mere instruments that perform acts not
essential to the perpetration of the offense
Requisites: (the following must concur)
1. That there be community of design; that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime in an
efficacious way; and
3. That there be a relation between the acts
done by the principal and those attributed to
the person charged as an accomplice.

NOTES:
Before there could be an accomplice, there
must be a principal by direct participation.

The person charged as an accomplice should
not have inflicted a mortal wound. If he inflicted
a mortal wound, he becomes a principal by
direct participation.

In case of doubt, the participation of the
offender will be considered that of an
accomplice rather than that of a principal.


ART.19.ACCESSORIES

Accessories are those who:
1. having knowledge of the commission of the
crime, and
2. without having participated therein either as
principals or accomplices, take part
subsequent to its commission in any of the
following acts:
a. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
Par. 3 Principal by indispensable
cooperation
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b. Assisting the offender to profit by the
effects of the crime.
c. By concealing or destroying the body of
the crime to prevent its discovery.

In profiting by the effects of the crime, the accessory
must receive the property from the principal. He
should not take it without the consent of the principal.
If he took it without the consent of the principal, he is
not an accessory but a principal in the crime of theft.
EXAMPLE:
PAR. 1 - person received and used property from
another, knowing it was stolen
PAR. 2 - placing a weapon in the hand of the
dead who was unlawfully killed to plant evidence,
or burying the deceased who was killed by the
principals
PAR. 3 - a) public officers who harbor, conceal or
assist in the escape of the principal of any crime
(not light felony) with abuse of his public
functions
b) private persons who harbor, conceal or assist
in the escape of the author of the crime guilty of
treason, parricide, murder or an attempt against
the life of the President, or who is known to be
habitually guilty of some crime.

GENERAL RULE: If the Principal is acquitted the
Accessory is also acquitted. The responsibility of the
accessory is subordinate to that of the principal in a
crime
Exception: When the crime was in fact
committed by the principal, but the principal is
covered by exempting circumstances (Art 12)
and as a result he is not held liable. However, it is
possible that the accessory may still be held
liable even if the principal was acquitted by an
exempting circumstance

Trial of accessory may proceed without awaiting
the result of the separate charge against the
principal because the criminal responsibilities are
distinct from each other

Two classes of accessories contemplated in par.
3 of art. 19
1. PUBLIC officers, who harbor, conceal or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
public functions.

Requisites:
1. The accessory is a public officer.
2. He harbors, conceals, or assists in the
escape of the principal.
3. The public officer acts with abuse of his
public functions.
4. The crime committed by the principal is
any crime, provided it is not a light felony.

2. PRIVATE persons who harbor, conceal or
assist in the escape of the author of the crime
who is guilty of treason, parricide, murder, or
attempts against the life of the President, or
who is known to be habitually guilty of some
other crime.

Requisites:
1. The accessory is a private person.
2. He harbors, conceals or assists in the
escape of the author of the crime.
3. The crime committed by the principal is
either:
a. Treason,
b. Parricide,
c. Murder,
d. An attempt against the life of the
President, or
e. That the principal is known to be
habitually guilty of some other crime.

Neither the letter nor the spirit of the law requires
that the principal be convicted before one may be
punished as an accessory. As long as the corpus
delicti is proved and the accessorys participation
as such is shown, he can be held criminally
responsible and meted out the corresponding
penalty (Inovero vs. Coronel, CA, 65 O.G.
3160).

The prescribed acts of the accessory under par.
2 must have been intended to prevent the
discovery of the crime, hence, mere silence does
not make one an accessory. If, however, the
crime involved is a conspiracy to commit treason,
his silence may hold him liable for misprision of
treason (Art. 116) but as a principal thereof.

Where the accused misleads the authorities by
giving them false information, such act is
equivalent to concealment and he should be held
as an accessory.

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PRINCIPAL ACCESSORY
Takes direct part or cooperates
in, or induces the commission
of the crime
Does NOT take direct
part or cooperates in, or
induces the commission
of the crime
cooperates in the commission
of the offense by acts either
prior thereto or simultaneous
therewith
does not take part in the
commission of the
offense
Participates during commission
of the crime
Participation of the
accessory in all cases
always SUBSEQUENT
to the commission of the
crime


ANTI-FENCING LAW OF 1979
PRES. DECREE 1612

FENCING is an act, with intent to gain, of buying,
selling, receiving, possessing, keeping, or in any
other manner dealing in anything of value which a
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft.
FENCE is a person who commits the act of fencing.
A fence who receives stolen property as above-
provided is not an accessory but a principal in the
crime defined in and punished by the Anti-Fencing
Law.
Mere possession of anything of value which has been
the subject of robbery or theft shall be prima facie
evidence of fencing.

ART.20.ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY

BASIS:
The exemption provided for in this article is based on
the ties of blood and the preservation of the
cleanliness of ones name, which compels one to
conceal crimes committed by relatives so near as
those mentioned in this article.

AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY
WHEN THE PRINCIPAL IS HIS :
1. spouse, or
2. ascendant, or
3. descendant, or
4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.

Accessory Is Not Exempt From Criminal Liability
Even If The Principal Is Related To Him, If Such
Accessory
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
of the crime.
REASON: Because such acts are prompted not by
affection but by a detestable greed.

NOTES:
Nephew and Niece not included
Public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
REASON: Ties of blood or relationship
constitutes a more powerful incentive than the
call of duty.
P.D. 1829 penalizes the act of any person who
knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the
investigation and prosecution of criminal cases.
The benefits of the exception in Art. 20 do
not apply to PD 1829.


TITLE THREE
PENALTIES




Chapter One : PENALTIES IN GENERAL



PENALTY suffering inflicted by the State for the
transgression of a law.

Different Juridical Conditions Of Penalty:
1. Must be productive of suffering, without
however affecting the integrity of the human
personality.
2. Must be commensurate with the offense
different crimes must be punished with
different penalties.
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3. Must be personal no one should be
punished for the crime of another.
4. Must be legal it is the consequence of a
judgment according to law.
5. Must be certain no one may escape its
effects.
6. Must be equal for all.
7. Must be correctional.

Purpose Of The State In Punishing Crimes
The State has an existence of its own to maintain, a
conscience to assert, and moral principles to be
vindicated. Penal justice must therefore be exercised
by the State in the service and satisfaction of a duty,
and rests primarily on the moral rightfulness of the
punishment inflicted (to secure justice). The basis of
the right to punish violations of penal law is the police
power of the State.

Theories Justifying Penalty:
1. Prevention to prevent or suppress the
danger to the State arising from the criminal
act of the offender.
2. Self-defense so as to protect society from
the threat and wrong inflicted by the criminal.
3. Reformation the object of punishment in
criminal cases is to correct and reform the
offender.
4. Exemplarity the criminal is punished to
serve as an example to deter others from
committing crimes.
5. Justice that crime must be punished by the
State as an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal.

Three-Fold Purpose Of Penalty Under The Code:
1. Retribution or expiation the penalty is
commensurate with the gravity of the offense.
2. Correction or reformation shown by the rules
which regulate the execution of the penalties
consisting in deprivation of liberty.
3. Social defense shown by its inflexible severity
to recidivists and habitual delinquents.


ART.21.PENALTIES THAT MAY BE IMPOSED

RULE: A felony shall be punishable only by the
penalty prescribed by law at the time of its
commission. (Art. 21 simply announces the policy of
the state as regards punishment of crimes)
REASON: Because a law cannot be rationally
obeyed unless it is first shown, and a man cannot be
expected to obey an order that has not been given.
It is a guaranty to the citizens of this country
that no act will be considered criminal until
the Government has made it so by law and
has provided a penalty.
Subsidiary penalty for a crime cannot be
imposed, if it was not prescribed by law prior
to its commission (US vs. Macasaet
11Phil.447)


ART.22.RETROACTIVE EFFECT OF PENAL LAWS

NOTE: According to Reyes, Art. 22 is NOT applicable
to the provisions of the RPC. Its application to the
RPC can only be invoked where some former or
subsequent law is under consideration.

GENERAL RULE: Penal laws are applied
prospectively.
EXCEPTION: When retrospective application will
be favorable to the person guilty of a felony;
Provided that:
1. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5);
2. The new or amendatory law does NOT
provide against its retrospective application.

The favorable retroactive effect of a new law may
find the defendant in one of the 3 situations:
1. The crime has been committed and the
prosecution begins
2. The sentence has been passed but service
has not begun
3. The sentence is being carried out

HABITUAL DELINQUENT - A person who, within a
period of ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or falsification,
is found guilty of any said crimes a third time or
oftener.
EX POST FACTO LAW - An act which when
committed was not a crime, cannot be made so by
statute without violating the constitutional inhibition as
to ex post facto laws. An ex post facto law is one
which:
1. Makes criminal an act done before the
passage of the law and which was innocent
when done;
2. Aggravates a crime, or makes it greater
than it was, when committed;
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3. Changes the punishment and inflicts a
greater punishment than the law annexed
to the crime when committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon a less or different
testimony than the law required at the time of
the commission of the offense;
5. Assumes to regulate civil rights and
remedies only, in effect imposing a penalty
or deprivation of a right for something which
when done was lawful; and
6. Deprives a person accused of a crime of
some lawful protection to which he has
become entitled, such as the protection of a
former conviction or acquittal, or a
proclamation of amnesty.

If retroactive effect of a new law is justified, it
shall apply to the defendant even if he is:
1. presently on trial for the offense;
2. has already been sentenced but service
of which has not begun; or
3. already serving sentence

The retroactive effect of criminal statutes does
NOT apply to the culprits civil liability.

REASON: The rights of offended persons or
innocent third parties are not within the gift of
arbitrary disposal of the State.
The provisions of Art. 22 are applicable even to
special laws which provide more favorable
conditions to the accused.

New law may provide that its provisions not to be
applied to cases already filed in court at the time
of the approval of such law.

Criminal liability under the repealed law
SUBSISTS:
1. When the provisions of the former law are
reenacted; or
(Note: The right to punish offenses committed
under an old penal law is not extinguished if the
offenses are still punishable in the repealing
penal law.)
2. When the repeal is by implication; or
(Note: When a penal law, which impliedly
repealed an old law, is itself repealed, the repeal
of the repealing law revives the prior penal law,
unless the language of the repealing statute
provides otherwise. If the repeal is absolute,
criminal liability is obliterated.)

3. When there is a saving clause.

BILL OF ATTAINDER A legislative act which
inflicts punishment without trial.


ART.23.EFFECT OF PARDON BY THE OFFENDED
PARTY

GENERAL RULE: Pardon by the offended party
does not extinguish the criminal liability of the
offender. REASON: A crime committed is an offense
against the State. Only the Chief Executive can
pardon the offenders.
EXCEPTION: Pardon by the offended party will
bar criminal prosecution in the following crimes:
Adultery and Concubinage (Art. 344,
RPC)
EXPRESS or IMPLIED pardon must
be given by offended party to BOTH
offenders.
Pardon must be given PRIOR to
institution of criminal action.
Seduction, Abduction, Acts of
Lasciviousness (Art. 344, RPC)
- EXPRESS pardon given by offended
party or her parents or grandparents
or guardian
- Pardon must be given PRIOR to the
institution of the criminal action.
However, marriage between the
offender and the offended party
EVEN AFTER the institution of the
criminal action or conviction of the
offender will extinguish the criminal
action or remit the penalty already
imposed against the offender, his co-
principals, accomplices and
accessories after the fact.
Rape (as amended by R.A. 8353)
- The subsequent valid marriage
between the offender and the
offended party shall extinguish
criminal liability or the penalty
imposed. In case the legal husband
is the offender, subsequent
forgiveness by the wife as offended
party shall also produce the same
effect.

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NOTE:
Pardon by the offended party under Art. 344 is
ONLY A BAR to criminal prosecution; it is NOT
a ground for extinguishment of criminal liability.
It DOES NOT extinguish criminal liability. It is
not one of the causes that totally extinguish
criminal liability in Art 89
Nevertheless, civil liability may be extinguished
by the EXRESS WAIVER of the offended
party.Civil liability w/ regard to the interest of
the injured party is extinguished by the latters
express waiver because personal injury may
be repaired through indemnity. Waiver must be
express. State has no reason to insist on its
payment.

AN OFFENSE CAUSES TWO CLASSES OF
INJURIES:
SOCIAL INJURY PERSONAL INJURY
Produced by the
disturbance and
alarm which are the
outcome of the
offense.

Caused to the victim of the
crime who suffered
damage either to his
person, to his property, to
his honor or to her
chastity.

Is sought to be
repaired through the
imposition of the
corresponding
penalty.
Is repaired through
indemnity.
The offended party
cannot pardon the
offender so as to
relieve him of the
penalty.
The offended party may
waive the indemnity and
the State has no reason to
insist in its payment.


ART.24.MEASURES OF PREVENTION
OR SAFETY, WHICH ARE NOT CONSIDERED
PENALTIES

The Following Shall Not Be Considered As
Penalties:
1. The arrest and temporary detention of
accused persons, as well as their detention
by reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now Art.
192, PD No. 603) and for the purposes
specified therein.
3. Suspension from the employment or public
office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which,
in the exercise of their administrative or
disciplinary powers, superior officials may
impose upon their subordinates.
5. Deprivation of rights and the reparations
which the civil law may establish in penal
form.

Reasons why they are not penalties:
1. Because they are not imposed as a result of
judicial proceedings. Those mentioned in
paragraphs 1, 3 and 4 are merely preventive
measures before conviction of offenders.
2. The offender is not subjected to or made to suffer
these measures in expiation of or as punishment
for a crime.

Note: Those in par 1, 3 and 4 are merely preventive
measures before the conviction of offenders.

Par. 1 refers to accused persons who are
detained by reason of insanity or imbecility.
It does not refer to the confinement of an
insane or imbecile who has not been
arrested for a crime. It

Paragraphs 3 and 4 refer to administrative
suspension and administrative fines and not
to suspension or fine as penalties for
violations of the RPC. Fines in par. 4 do not
constitute as penalties because they are not
imposed by the court.

The deprivations of rights established in
penal form by the civil laws is illustrated in
the case of parents who are deprived of their
parental authority if found guilty of the crime
of corruption of their minor children, in
accordance with Art. 332 of the Civil Code.

Where a minor offender was committed to a
reformatory pursuant to Art. 80 (now, PD
603), and while thus detained he commits a
crime therein, he cannot be considered a
quasi-recidivist since his detention was only
a preventive measure, whereas a quasi-
recidivism presupposes the commission of a
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crime during the service of the penalty for a
previous crime.

Commitment of a minor is not a penalty
because it is not imposed by the court in a
judgment. The imposition of the sentence in
such a case is suspended.


Fines:
1. Afflictive over 6000
2. Correctional 201 to 6000
3. Light 200 and less

NOTES:
The classification applies if the fine is imposed
as a single or alternative penalty. Hence, it
does not apply if the fine is imposed together
with another penalty.
Fines are imposed either as alternative (Ex: Art
144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000
pesos) or single (Ex. fine of 200 to 6000 pesos)
Penalty cannot be imposed in the alternative
since it is the duty of the court to indicate the
penalty imposed definitely and positively. Thus,
the court cannot sentence the guilty person in a
manner as such as to pay fine of 1000 pesos,
or to suffer an imprisonment of 2 years, and to
pay the costs.
If the fine imposed by the law for the felony is
exactly 200 pesos, it is a light felony.

* People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is
exactly P200, it is a light penalty, thus the
offense is a light felony; whereas under Art. 26,
it is a correctional penalty, hence the offense
involved is a less grave felony. It that this
discrepancy should be resolved liberally in
favor of the accused, hence Art. 9 prevails over
Art. 26.

Bond to keep the peace is by analogy:











Affli
ctive

over
600
0;
Corr
ecti
onal 201 to 6000; Light 200 and less



















Section One. Duration of Penalties



1. Reclusin perpetua 20 years and 1 day to
40 years
2. Reclusin temporal 12 years and 1 day to
20 years
3. Prisin mayor and temporary
disqualification 6 years and 1 day to 12
years, except when disqualification is an
accessory penalty, in which case its duration
is that of the principal penalty
4. Prisin correccional, suspensin, and
destierro 6 months and 1 day to 6 years,
except when suspensin is an accessory
penalty, in which case its duration is that of
the principal penalty
5. Arresto mayor 1 month and 1 day to 6
months
Distinction between classification of Penalties in
Art. 9 and Art. 26
Article 9 Article 26
Applicable in
determining the
prescriptive period of
felonies
Applicable in determining
the prescriptive period of
penalties
Chapter Three
DURATION AND EFFECTS OF PENALTIES

ART. 26: WHEN AFFLICTIVE, CORRECTIONAL,
OR LIGHT PENALTY
Art. 27: RECLUSION PERPETUA
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6. Arresto menor 1 day to 30 days
7. Bond to keep the peace The period is
discretionary on the court.

NOTES:
1. Destierro is a principal, divisible and
correctional penalty.
2. Cases when destierro imposed:
a. Serious physical injuries or death
under exceptional circumstances
(Art. 247)
b. In case of failure to give bond for
good behavior (Art. 284)
c. As a penalty for the concubine in
concubinage (Art. 334)
d. In cases where after reducing the
penalty by one or more degrees,
destierro is the proper penalty.


Rules on Computation of Penalties:
1. When the offender is in prison the
duration of the temporary penalties
(Permanent Absolute Disqualification,
Temporary Absolute Disqualification,
detention, suspension) is from the day on
which the judgment of conviction becomes
final.
2. When the offender is not in prison the
duration of the penalty of deprivation of
liberty is from the day that the offender is
placed at the disposal of judicial authorities
for the enforcement of the penalty
3. The duration of the other penalties the
duration is from the day on w/c the offender
commences to serve his sentence

NOTES:
Reason for rule (a) Under Art 24, the arrest
and temporary detention of the accused is
not considered a penalty.
if in custody, the accused appealed, the
service of the sentence should commence
from the date of the promulgation of the
decision of the appellate court, not the trial
courts.
Service in prison begins only on the day the
judgment of conviction becomes final.
In cases of temporary penalties, and if the
offender is under detention (as when
undergoing preventive imprisonment), rule
(a) applies.
If he is not under detention (released on bail),
rule (c) applies.
If offender is under preventive imprisonment,
rule (c) applies, not rule (a).
The offender is entitled to a deduction of the
full time or 4/5 of the time of his detention.


Instances when accused undergoes preventive
suspension:
1. offense is non-bailable
2. bailable but cant furnish bail


Notes:
The full time or 4/5 of the time during which
the offenders have undergone preventive
suspension shall be deducted from the
penalty imposed:
full time: if the detention prisoner
agrees voluntarily in writing to abide
by the same disciplinary rules
imposed upon convicted prisoners
four-fifths of the time: if the
detention prisoner does not agree to
abide by the same disciplinary rules
imposed upon convicted prisoners
In the case of a youthful offender who has
been proceeded against under the Child and
Youth Welfare Code, he shall be credited in
the service of his sentence with the full time
of his actual detention, regardless if he
agreed to abide by the same disciplinary
rules of the institution or not.
Offenders not entitled to be credited with the
full time or four-fifths of the time of their
preventive imprisonment:
Recidivists or those convicted
previously twice or more times of any
crime.
Those who, upon being summoned
for the execution of their sentence,
failed to surrender voluntarily
(convicts who failed to voluntarily
surrender to serve their penalties
under a final judgment, not those
who failed or refused to voluntarily
surrender after the commission of the
crime)
Habitual Delinquents are not entitled to credit
of time under preventive imprisonment since
he is necessarily a recidivist or has been
convicted previously twice or more times of
ART. 28: COMPUTATION OF PENALTIES
ART. 29: PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM TERM OF
IMPRISONMENT
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any crime.
Duration of RP is to be computed at 30
years, thus, even if the accused is sentenced
to life imprisonment, he is entitled to the full
time or 4/5 of the time of preventive
suspension
Credit is given in the service of sentences
consisting of deprivation of liberty
(imprisonment and destierro), whether
perpetual or temporal. Thus, persons who
had undergone preventive imprisonment but
the offense is punishable by a fine only would
not be given credit.
Destierro is considered a deprivation of
liberty.
If the penalty imposed is arresto menor to
destierro, the accused who has been in
prison for 30 days (arresto menor to 30 days)
should be released because although the
maximum penalty is destierro (6 months and
1 day to 6 years), the accused sentenced to
such penalty does not serve it in prison.


Section Two. Effects of the
penaltiesaccording to their respective nature

NOTES:
The exclusion is a mere disqualification from
protection, and not for punishment the
withholding of a privilege, not a denial of a
right.
Perpetual absolute disqualification is
effective during the lifetime of the convict and
even after the service of the sentence.
Temporary absolute disqualification is
effective during the term of sentence and is
removed after the service of the same.
Exceptions: (1) deprivation of the public office
or employment; (2) loss of all rights to
retirement pay or other pension for any office
formerly held.
A plebiscite is not mentioned or contemplated
in Art.30, par. 2 (deprivation of the right to
vote), hence, the offender may vote in that
exercise, subject to the provisions of
pertinent election laws at the time.

Effects of Perpetual and temporary absolute
disqualification:
1. Deprivation of any public office or
employment of offender
2. Deprivation of the right to vote in any election
or to be voted upon
3. Loss of rights to retirement pay or pension

All these effects last during the lifetime of the
convict and even after the service of the
sentence except as regards paragraphs 2 and 3
of the above in connection with Temporary
Absolute Disqualification.


NOTE: Temporary disqualification if imposed is an
accessory penalty. Its duration is that of the principal
penalty.

Effects of Perpetual and Temporary Special
Disqualification:
1. For public office, profession, or calling
a. Deprivation of the office,
employment, profession or calling
affected
b. Disqualification for holding similar
offices or employment during the
period of disqualification

2. For the exercise of the right of suffrage
a. Deprivation of the right to vote or to
be elected in an office
b. Cannot hold any public office during
the period of disqualification


Effects:
1. Disqualification from holding such office or
the exercise of such profession or right of
suffrage during the term of the sentence
2. Cannot hold another office having similar
functions during the period of suspension


ART 34: CIVIL INTERDCTION

ART. 30: EFFECTS OF THE PENALTIES OF
PERPETUAL OR TEMPORARY ABSOLUTE
DISQUALIFICATION
ART. 31: EFFECT OF THE PENALTIES OF
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION

ART. 32: EFFECT OF THE PENALTIES OF
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE EXERCISE OF
THE RIGHT OF SUFFRAGE
ART. 33: EFFECTS OF THE PENALTIES OF
SUSPENSION FROM ANY PUBLIC OFFICE,
PROFESSION OR CALLING, OR THE RIGHT
OF SUFFRAGE
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Effects;Deprivation of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of
the same by acts inter vivos

Civil Interdiction is an accessory penalty to the
following principal penalties:
1. If death penalty is commuted to life
imprisonment
2. Reclusion perpetua
3. Reclusion temporal
*He can dispose of such property by will or donation
mortis causa


Bond to keep the peace is different from bail bond
which is posted for the provisional release of a
person arrested for or accused of a crime. Bond to
keep the peace or for good behavior is imposed as a
penalty in threats.




NOTES:
Pardon by the President does not restore the
right to public office or suffrage except when
both are expressly restored in the pardon.
Nor does it exempt one from civil liability or
from payment of civil indemnity.

Limitations to Presidents power to pardon:
o can be exercised only after final
judgment
o does not extend to cases of
impeachment
o does not extinguish civil liability
only criminal liability

GENERAL RULE: Pardon granted in general terms
does not include accessory penalties.
Exceptions:
1. if the absolute pardon is granted after the
term of imprisonment has expired, it removes
all that is left of the consequences of
conviction. However, if the penalty is life
imprisonment and after the service of 30
years, a pardon is granted, the pardon does
not remove the accessory penalty of absolute
perpetual disqualification
2. if the facts and circumstances of the case
show that the purpose of the President is to
precisely restore the rights i.e., granting
absolute pardon after election to a post
(mayor) but before the date fixed by law for
assuming office to enable him to assume the
position in deference to the popular will

Pardon by the offended party does not extinguish
criminal liability; may include offended party waiving
civil indemnity and it should be done before the
institution of the criminal prosecution and extended to
both offenders.

PARDON BY
THE CHIEF
EXECUTIVE
(ART. 36)
PARDON BY
OFFENDED
PARTY (ART.
23)
Crime
covered
Any crime,
unless
otherwise
provided by or
subject to
conditions in
the Constitution
or the laws
Crimes against
chastity under
the RPC only
Extinguish-
ment of
criminal
liability
Extinguishes
criminal liability
Does not
extinguish
criminal liability
although it may
constitute a bar
to the
prosecution of
the offender
Effect on
civil liability
Cannot affect
the civil liability
ex delicto of the
offender
Offended party
can waive the
civil liability
When
granted
Only after
conviction by
final judgment
Only before the
institution of the
criminal action
To whom
granted
Any or all of the
accused
In adultery and
concubinage,
must include
both offenders
Whether it
can be
conditional
May be
absolute or
conditional
Cannot validly
be made
subject to a
condition





Costs include:
1. fees
ART. 35: EFFECTS OF BOND TO KEEP THE
PEACE
ART. 36: PARDON; ITS EFFECT
ART. 37: COST; WHAT ARE INCLUDED
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2. indemnities, in the course of judicial
proceedings

NOTE:
Costs (expenses of the litigation) are
chargeable to the accused in case of
conviction. In case of acquittal, the costs are
de oficio, each party bearing his own
expense.
No costs are allowed against the Republic of
the Philippines, until law provides the
contrary.
The payment of costs is fully discretionary on
the Court.

Pecuniary liabilities of persons criminally liable,
in the following order:
1. The reparation of the damage caused
2. Indemnification of the consequential
damages
3. Fine
4. Costs of proceedings

NOTES:
It is applicable in case the properties of the
offender are not sufficient for the payment of
all his pecuniary liabilities. Hence, if the
offender has insufficient or no property, there
is no use for Art 38.
Order of payment is mandatory.

Ex. Juan inflicted serious physical injuries against
Pedro and took the latters watch and ring. He
incurred P500 worth of hospital bills and failed to
earn P300 worth of salary. Given that Juan only
has P1000 worth of property not exempt from
execution, it shall first be applied to the payment
of the watch and ring which cannot be returned,
as such is covered by reparation of the damage
caused, thus, no. 1 in the order of payment. The
500 and 300 are covered by indemnification of
the consequential damage, thus, no. 2 in the
order of payment.




NOTES:
When the penalty prescribed is
imprisonment, it is the penalty actually
imposed by the Court, not the penalty
provided for by the Code, which should be
considered in determining whether or not
subsidiary penalty should be imposed.
There is no subsidiary penalty for non-
payment of reparation, indemnification and
costs in par 1, 2 and 4 of Art 38. It is only for
fines.
Art 39 applies only when the convict has no
property with which to meet the fine in par 3
of art 38. Thus, a convict who has non-
exempt property enough to meet the fine
cannot choose to serve the subsidiary
penalty instead of payment of the fine.
Subsidiary imprisonment is not an accessory
penalty. It is covered by Arts. 40-45 of this
Code. Accessory penalties are deemed
imposed even when not mentioned, while
subsidiary imprisonment must be expressly
imposed.


RULES AS TO SUBSIDIARY PENALTY
1. If the penalty imposed is prisin correccional
or arresto and fine subsidiary imprisonment
is not to exceed 1/3 of the term of the
sentence, and in no case to continue for
more than one year. Fraction or part of a day,
not counted.
2. When the penalty imposed is fine only
subsidiary imprisonment is:
not to exceed 6 months if the
culprit is prosecuted for grave
or less grave felony, and
not to exceed 15 days if
prosecuted for light felony.
3. When the penalty imposed is higher than
prisin correccional no subsidiary
imprisonment.
4. If the penalty imposed is not to be executed
by confinement, but of fixed duration
subsidiary penalty shall consist in the same
deprivations as those of the principal penalty,
under the same rules as nos. 1, 2 and 3
above.
5. In case the financial circumstances of the
convict should improve, he shall pay the fine,
notwithstanding the fact that the convict
suffered subsidiary personal liability therefor.

WHERE NO SUBSIDIARY PENALTY SHALL BE
IMPOSED:
1. The penalty imposed is higher than prisin
correccional or 6 years,
2. For non-payment of reparation or
indemnification,
3. For non-payment of costs, and
4. Where the penalty imposed is a fine and
another penalty without fixed duration, like
ART. 39: SUBSIDIARY PENALTY
ART. 38: PECUNIARY LIABILITIES; ORDER OF
PAYMENT
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censure.


Section Three. Penalties in which other
accessory penalties are inherent


ART. 40: DEATH; ITS ACCESSORY PENALTIES

ART. 41: RECLUSION PERPETUA AND
RECLUSION TEMPORAL; THEIR ACCESSORY
PENALTIES

ART. 42: PRISION MAYOR; ITS ACCESSORY
PENALTIES

ART. 43: PRISION CORRECCIONAL; ITS
ACCESSORY PENALTIES

ART. 44: ARRESTO; ITS ACCESSORY PENALTIES

Outline Of Accessory Penalties Inherent In
Principal Penalties


1. Death, if not executed because of
commutation or pardon
a. perpetual absolute disqualification
b. civil interdiction during 30 years (if
not expressly remitted in the pardon)
2. Reclusion Perpetua and Reclusion Temporal
a. civil interdiction for life or during the
sentence
b. perpetual absolute disqualification
(unless expressly remitted in the
pardon)
3. Prision Mayor
a. temporary absolute disqualification
b. perpetual special disqualification
from suffage (unless expressly
remitted in the pardon)
4. Prision Correccional
a. suspension from public office,
profession or calling
b. perpetual special disqualification
from suffrage if the duration of the
imprisonment exceeds 18 months
(unless expressly remitted in the
pardon)

NOTES:
The accessory penalties in Art 40-44 must be
suffered by the offender, although pardoned
as to the principal penalties. To be relieved of
these penalties, they must be expressly
remitted in the pardon.
No accessory penalty for destierro
Persons who served out the penalty may not
have the right to exercise the right of
suffrage. For a prisoner who has been
sentenced to one year of imprisonment or
more for any crime, absolute pardon restores
to him his political rights. If the penalty is less
than one year, disqualification does not
attach except if the crime done was against
property.
The nature of the crime is immaterial when
the penalty imposed is one year
imprisonment or more.
The accessory penalties are understood to
be always imposed upon the offender by the
mere fact that the law fixes a certain penalty
for the crime.
The accessory penalties do not affect the
jurisdiction of the court in which the
information is filed because they do not
modify or alter the nature of the penalty
provided by law. What determines jurisdiction
in criminal cases is the principal penalty.





1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
the instruments or tools used in the
commission of the crime.
2. The proceeds and instruments/tools of the
crime are confiscated in favor of the
government.
3. The property of 3
rd
persons (not liable for the
offense) is not subject to confiscation and
RECLUSION
PERPETUA
LIFE IMPRISONMENT
Specific duration of
20 years and 1 day
to 40 years and
accessory penalties
no definite term or
accessory penalties
Imposable on
felonies punished by
the RPC
Imposable on crimes
punishable by special
laws
ART. 45: CONFISCATION AND FORFEITURE
OF THE PROCEEDS OR INSTRUMENTS OF
THE CRIME
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forfeiture.
4. Property not subject of lawful commerce
(whether it belongs to the accused or a 3
rd

person) shall be destroyed.

NOTES:
There cannot be confiscation or forfeiture
unless theres a criminal case filed, tried and
accused is convicted.
Third person must be indicted to effect
confiscation of his property.
Instruments of the crime belonging to an
innocent 3
rd
person may be recovered.
Confiscation can be ordered only if the
property is submitted in evidence or placed at
the disposal of the court.
When the order of forfeiture has already
become final, the articles which were forfeited
can not be returned, even in case of an
acquittal.
There must be conviction by final judgment.
However, even if the accused is acquitted on
reasonable doubt, but the instruments or
proceeds are contraband, the judgment of
acquittal shall order their forfeiture for
appropriate disposition.
Confiscation & forfeiture are additional
penalties. When the penalty imposed did not
include the confiscation of the goods involved,
the subsequent confiscation & forfeiture of
said goods would be an additional penalty,
amounting to an increase of the penalty
already imposed, thereby placing the accused
in double jeopardy. In case the accused
appeals, confiscation and forfeiture not
ordered by the trial court may be imposed by
the appellate court
The government can not appeal the
modification of a sentence if the defendant did
not appeal. But if the defendant appeals, it
removes all bars to the review and correction
of the penalty imposed by the court below,
even if an increase thereof should be the
result

When Art. 45 cannot apply:
1. The instruments belong to innocent third
parties
2. Such properties have not been placed under
the jurisdiction of the court
3. When it is legally or physically impossible.


Chapter Four
APPLICATION OF PENALTIES


Section One. Rules for the application of
penalties to the persons criminally liable and for
the graduation of the same.



GENERAL RULE: The penalty prescribed by law in
general terms shall be imposed:
1. upon the principals
2. for consummated felony
EXCEPTION: when the law fixes a penalty for
the frustrated or attempted felony. Whenever it is
believed that the penalty lower by one or two
degrees corresponding to said acts of execution
is not proportionate to the wrong done, the law
fixes a distinct penalty for the principal in the
frustrated or attempted felony.

The Graduation Of Penalties Refers To:
1. By degree
a. stages of execution (consummated,
frustrated, attempted)
b. degree of the criminal participation of
the offender (principal, accomplice,
accessory)
2. By period
a. (minimum, medium, maximum) -
refers to the proper period of the
penalty w/c should be imposed when
aggravating or mitigating
circumstances attend the
commission of the crime


Death Penalty Not Imposed In The Following
Cases:
1. under age - when the offender is under 18
yrs of age at the time of commission.
Why? - Because minority is always
a mitigating circumstance
2. over age - when the person is more than 70
years old at time RTC sentenced him
3. no court majority - when upon appeal or
ART. 46: PENALTY TO BE IMPOSED UPON
PRINCIPALS IN GENERAL
ART. 47: IN WHAT CASES THE DEATH
PENALTY SHALL NOT BE IMPOSED
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automatic review of the case by the SC,
the vote of eight members is not obtained for
the imposition of death

JUSTIFICATION FOR THE DEATH PENALTY:
social defense and exemplarity. Not considered cruel
and unusual because it does not involve torture or
lingering death.

CRIMES PUNISHABLE BY DEATH UNDER THE
DEATH PENALTY LAW (RA 7659)
1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention
8. Robbery with Homicide, Rape, Intentional
Mutilation, or Arson
9. Rape with the use of a deadly weapon, or
by two or more persons
- where the victim became insane
- with Homicide
10. Qualified Rape
11. Destructive Arson
12. Plunder
13. Violation of certain provisions of the
Dangerous Drugs Act
14. Carnapping


ART.48: PENALTY FOR COMPLEX CRIMES

COMPLEX CRIME although there actually are two
or more crimes, the law treats them as constituting
only one- as there is only one criminal intent. Only
one information need be filed.

2 Kinds Of Complex Crimes:
1. compound crime single act constitutes 2
or more grave or less grave felonies

Requisites:
a. that only one single act is performed
by the offender
b. that the single act produces
i. 2 or more grave felonies
ii. one or more grave and one
or more less grave felonies
iii. 2 or more less grave felonies

2. complex crime proper when an offense is
a necessary means for committing another

Requisites:
1. that at least 2 offenses are
committed
2. that one or some of the offenses
must be necessary to commit the
other
3. that both or all the offenses must be
punished under the same statute

No Single Act In The Following Cases:
1. when 2 persons are killed one after the other,
by different acts, although these 2 killings
were the result of a single criminal impulse.
The different acts must be considered as
distinct crimes.
2. when the acts are wholly different, not only in
themselves, but also because they are
directed against 2 different persons, as when
one fires his gun twice in succession, killing
one and injuring the other.

Light felonies produced by the same act should be
treated and punished as separate offenses, or may
be absorbed by the grave felony.

NOTES:
When in obedience to an order, several
accused simultaneously shot many persons,
w/o evidence how many each killed, there is
only a single offense, there being a single
criminal impulse.
For the attainment of a single purpose w/c
constitutes an offense, various acts are
executed, such acts must be considered only
as one offense. (Gregorio does not agree
with this.)
When a complex crime is charged and one
offense is not proven, the accused can be
convicted of the other.
There is no complex crime of arson w/
homicide.
Art 48 is applicable to crimes through
negligence.
Kidnapping the victim to murder him in a
secluded place ransom wasnt paid so
victim was killed. Kidnapping was a
necessary means to commit murder. But
where the victim was taken from his home
but it was solely for the purpose of killing him
and not for detaining him illegally or for the
purpose of ransom, the crime is simple
murder.
Necessary means does not mean
indispensable means . Indispensable
would mean it is an element of the crime. The
crime can be committed by another mean.
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The means actually employed (another
crime) was merely to facilitate and insure the
consummation of the crime.
It is not a complex crime when trespass to
dwelling is a direct means to commit a grave
offense. Like rape, there is no complex crime
of trespass to dwelling with rape. Trespass
will be considered as aggravating (unlawful
entry or breaking part of a dwelling)
When the offender had in his possession the
funds w/c he misappropriated, the
falsification of a public or official document
involving said funds is a separate offense.
But when the offender had to falsify a public
or official document to obtain possession of
the funds w/c he misappropriated, the
falsification is a necessary means to commit
the malversation.
There is no complex crime of rebellion w/
murder, arson, robbery or other common
crimes. They are mere ingredients of the
crime of rebellion absorbed already.
(according to Ortega, complex)
When 2 crimes produced by a single act are
respectively within the exclusive jurisdiction
of 2 courts of different jurisdiction, the court
of higher jurisdiction shall try the complex
crime.
Art. 48 is intended to favor the culprit.
The penalty for complex crime is the penalty
for the most serious crime, the same to be
applied in its maximum period. If the different
crimes resulting from one single act are
punished w/ the same penalty, the penalty for
any one of them shall be imposed, the same
to be applied in the maximum period. The
same rule shall be observed when an offense
is a necessary means to commit the other.
A complex crime of the second form may be
committed by two persons.
But when one of the offenses, as a means to
commit the other, was committed by one of
the accused by reckless imprudence, the
accused who committed the crime by
reckless imprudence is liable for his acts
only.
When two felonies constituting a complex
crime are punishable by imprisonment and
fine, respectively, only the penalty of
imprisonment shall be imposed. Reason:
Fine is not included in the list of penalties in
the order of severity and it is the last in the
graduated scales in Art. 71.
When a single act constitutes two grave or
less grave or one grave and another less
grave, and the penalty for one is
imprisonment while that for the other is fine,
the severity of the penalty for the more
serious crime should not be judged by the
classification of each of the penalties
involved, but by the nature of the penalties.
In the order of severity of the penalties,
arresto mayor and arresto menor are
considered more severe than destierro and
arresto menor is higher in degree than
destierro.

There is NO COMPLEX CRIME in the following:
1. In case of continuing crimes
2. When one offense is committed to conceal
the other
3. When the other crime is an indispensable
part or an element of the other offenses as
defined
4. Where one of the offenses is penalized by a
special law
5. When the law provides one single penalty for
special complex crime:
a. Robbery with Homicide
b. Robbery with Rape
c. Rape with Homicide
d. Kidnapping with Serious Physical
Injuries
e. Kidnapping with Homicide

PLURALITY OF CRIMES consists in the
successive execution by the same individual of
different criminal acts upon any of which no
conviction has yet been declared.

Kinds Of Plurality Of Crimes:
1. Formal or Ideal only one criminal liability.
Formal or ideal crimes are further divided into
three groups, where a person committing
multiple crimes is punished with only one
penalty:
a. when the offender commits any of
the complex crimes defined in Art.
48
b. when the law specifically fixes a
single penalty for 2 or more
offenses committed: robbery w/
homicide, kidnapping w/
serious physical injuires
c. when the offender commits
continued crimes
2. Real Or Material there are different crimes
in law as well as in the conscience of the
offender. In such cases, the offender shall be
punished for each and every offense that he
committed.

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CONTINUED CRIME refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one
penalty shall be imposed.

Ex of continued crimes:
a. A collector of a commercial firm
misappropriates for his personal use several
amounts collected by him from different
persons. There is only one crime because
the different and successive appropriations
are but the different moments during w/c one
criminal resolution arises.
b. Juan steals 2 books belonging to 2 different
persons. He commits only one crime
because there is unity of thought in the
criminal purpose of the offender.

NOTE: A continued crime is not a complex crime, as
the offender does not perform a single act but a
series of acts. Therefore:
a. penalty not to be imposed in the maximum
b. no actual provision punishing continued
crime It is a principle applied in connection
with 2 or more crimes committed with a
single intention.

NOTE: A continued (continuous or continuing) crime
is different from a transitory crime. Transitory crime
is moving crime .

REAL/MATERIAL
PLURALITY
CONTINUED CRIME
There is a series of acts
performed by the offender
Same
Each act performed constitutes
a separate crime because
each act is generated by a
criminal impulse
Different acts constitute
only one crime because
all of the acts performed
arise from one criminal
resolution.


PLURALITY OF CRIMES RECIDIVISM
No conviction of the crimes
committed
There must be conviction
by final judgment of the first
prior offense




RULES:
1. If the penalty for the felony committed be
higher than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
2. If the penalty for the felony committed be
lower than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
3. If the act committed also constitutes an
attempt or frustration of another crime, and
the law prescribes a higher penalty for either
of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its
maximum period.

NOTES:
Art. 49 has reference to the provision in the
1
st
par of Art .4 which provides that criminal
liability shall be incurred by any person
committing a felony although the wrongful act
done be different from that which he
intended.
Art. 49 is applicable only in cases when there
is a mistake in identity of the victim of the
crime (error in personae) and the penalty for
the crime committed is different from that for
the crime intended to be committed.
Art. 49 also has no application where a more
serious consequence not intended by the
offender befalls the same person.
In Art. 49, pars. 1 and 2, the lower penalty in
its maximum period is always imposed.
In Par. 3 the penalty for the attempted or
frustrated crime shall be imposed in its
maximum period. This rule is not necessary
and may well be covered by Art. 48, in view
of the fact that the same act also constitutes
an attempt or a frustration of another crime.


ART 49 ART 48
Lesser penalty to be
imposed in its maximum
period
Penalty for the more
serious crime shall be
imposed in its maximum
period
ART. 49: PENALTY TO BE IMPOSED UPON
THE PRINCIPALS WHEN THE CRIME
COMMITTED IS DIFFERENT FROM THAT
INTENDED
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APPLICATION OF ARTICLE 50 TO 57
Participation Consummated Frustrated Attempted
Principal Penalty
imposed by law
1 less 2 less
Accomplice 1 less 2 less 3 less
Accessory 2 less 3 less 4 less


NOTES:
Art. 50-57 are not applicable when the law
specifically prescribes the penalty for the
frustrated and attempted felony or that to be
imposed upon the accomplices and
accessories. (examples: qualified seduction,
flight to enemy country, kidnapping)
Degree one whole penalty, one entire
penalty or one unit of the penalties
enumerated in the graduated scales provided
for in Art. 71
Period one of 3 equal portions,
min/med/max of a divisible penalty. A period
of a divisible penalty when prescribed by the
Code as a penalty for a felony, is in itself a
degree.









Distinctions between Degree and Period
Degree Period
Refers to the penalty
imposable for a felony
committed considering
the stages of execution
and the degree of
participation of the
offender
Refers to the duration
of the penalty
consisting of the
maximum, medium,
and minimum, after
considering the
presence or absence
of aggravating
circumstances
May refer to both
divisible and indivisible
penalties
Refers only to
divisible penalties

NOTE: The rules provided in Arts. 53, 55 and 57 do
not apply if the felony is light because accessories
are not liable for the same.

NOTE: Art. 58 is limited only to grave and less grave
felonies since it is not possible to have accessories
liable for light felonies. It is further limited to those
whose participation in the crime is characterized by
the misuse of public office or authority.

Additional Penalties for Public Officers who are
accessories:
1. Absolute Perpetual Disqualification, if the
principal offender is guilty of a grave felony
2. Absolute temporary disqualification, if the
principal offender is guilty of less grave felony


NOTES:
Basis for the imposition of proper penalty in
impossible crimes: social danger and degree
of criminality shown by the offender
The penalty for impossible crime is arresto
mayor (imprisonment of 1 month and 1 day
to 6 months) or fine ranging from 200-500
pesos.
Art. 59 is limited to grave and less grave
Art. 50: Penalty to be imposed upon principals
of a frustrated crime
Art. 51: Penalty to be imposed upon principals
of attempted crimes
Art. 52: Penalty to be imposed upon
accomplices in consummated crime
Art. 53: Penalty to be imposed upon
accessories to the commission of a
consummated felony
Art. 54: Penalty to imposed upon accomplices
in a frustrated crime
Art. 55: Penalty to be imposed upon
accessories of a frustrated crime
Art. 56: Penalty to be imposed upon
accomplices in an attempted crime
Art. 57: Penalty to be imposed upon
accessories of an attempted crime
ART. 58: ADDITIONAL PENALTY TO BE
IMPOSED UPON CERTAIN ACCESSORIES
ART. 59: PENALTY TO BE IMPOSED IN CASE
OF FAILURE TO COMMIT THE CRIME
BECAUSE THE MEANS EMPLOYED OR THE
AIMS SOUGHT ARE IMPOSSIBLE
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felonies.
However, considering Article 4, this article is
actually limited to offenses against persons
or property.


Two cases where the accomplice is punished
with the same penalty imposed upon the
principal:
1. ascendants, guardians, curators, teachers
and any person who, by abuse of authority or
confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of
minors, white slave trade or abduction.
2. one who furnished the place for the
perpetration of the crime of slight illegal
detention

NOTE: Accessory punished as principal: Art 142
punishes an accessory for knowingly concealing
certain evil practices


Cases where penalty imposed on accessories are
one degree lower instead of two degrees:
1. knowingly using counterfeited seal or forged
signature or stamp of the President of the
Republic
2. illegal possession and use of false treasury
or bank note
3. use of a falsified document
4. use of a falsified dispatch


ART. 61: RULES FOR GRADUATING
PENALTIES

The rules provided in this Article should also apply in
determining the minimum of the Indeterminate
Sentence Law (ISL). It also applies in lowering the
penalty by one or two degrees by reason of the
presence of the privileged mitigating circumstance, or
when the penalty is divisible and there are two or
more mitigating circumstances and there are no
aggravating circumstances.

GRADUATED SCALE IN ART. 71

Indivisible Penalties:
1. Death
2. Reclusion Perpetua
Divisible Penalties: (maximum, medium,
minimum)
1. Reclusion Temporal
2. Prision Correcional
3. Arresto Mayor
4. Destierro
5. Arresto Menor
6. Public Censure
7. Fine

RULES TO BE OBSERVED IN LOWERING THE
PENALTY BY ONE OR TWO DEGREES

Rule No. 1: when the penalty is single and indivisible
(ex. RP), the penalty next lower shall be reclusion
temporal.

Rule No. 2:
1. when the penalty is composed of two
indivisible penalties; or
2. when the penalty is composed of one or
more divisible penalties to be imposed to
their full extent
the penalty next lower in degree shall be that
immediately following the lesser of the penalties
prescribed

Rule No. 3: when the penalty is composed of 1 or 2
indivisible penalties and the maximum period of a
divisible penalty
Ex. penalty for murder is reclusion temporal
to death. The point of reference will be on the
proper divisible penalty which is RT.

Under the 3
rd
rule, the penalty next lower to RT is
composed of the medium and minimum periods
of RT and the max of prision mayor.

Rules 4 and 5:
1. if the penalty prescribed in the Code consists
of three periods corresponding to different
divisible penalties, the penalty next lower is
that consisting in the three periods down the
scale
2. if the penalty prescribed in the Code consists
of two periods, the penalty next lower is that
consisting in two periods down the scale
3. if the penalty prescribed in the Code consists
in only one period, the penalty next lower is
the next period down in the scale

NOTE: Mitigating and Aggravating circumstances are
first disregarded in the application of the rules for
graduating penalties. It is only after the penalty next
lower in degree is already determined that the
mitigating and aggravating circumstances should be
ART. 60: EXCEPTION TO THE RULES
ESTABLISHED IN ARTICLES 50 TO 57
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considered.


Par. 1: Aggravating circumstances are not to be
taken into account when:
1. they themselves constitute a crime. Ex. by
means of fire arson
2. they are included by law in the definition of a
crime

Par. 2: Same rules apply when the aggravating
circumstance is inherent in the crime

Par. 3: Aggravating or mitigating circumstances
arising from any of the following affect only those to
whom such circumstances are attendant:
1. from the moral attributes of the offender
2. from his private relations w/ the offended
party
3. from any other personal cause

Par. 4: the circumstances which consist of the
following shall serve to aggravate and mitigate the
liability only of those who had knowledge of them at
the time of the commission of the offense
1. material execution of the act
2. means employed to accomplish the crime

Par. 5: Habitual Delinquent is a person who within
the period of 10 years from the date of his (last)
release or last conviction of the crimes of:
1. Falsification
2. Robbery
3. Estafa
4. Theft
5. Serious or less serious physical injuries
is found guilty of any of the said crimes a third time or
oftener.

NOTES:
Effects of the circumstances:
o Aggravating circumstances (generic
and specific) have the effect of
increasing the penalty, without
however exceeding the
maximum period provided by
law.
o Mitigating circumstances have the
effect of diminishing the
penalty.
o Habitual delinquency has the
effect, not only of increasing
the penalty because of recidivism
which is generally implied in
habitual delinquency, but also of
imposing an additional penalty.
Ten year period to be computed from the
time of last release or conviction
Subsequent crime must be committed after
conviction of the former crime. Cases still
pending are not to be taken into
consideration.

















REQUISITES Of Habitual Delinquency:
1. that the offender had been convicted of any
of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification
2. that after conviction or after serving his
sentence, he again committed, and, within 10
years from his last release of first conviction,
he was again convicted of any of the said
crimes for the second time
3. that after his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third
time or oftener

Rulings on Habitual Delinquency:
1. The law on habitual delinquency does not
contemplate the exclusion from the
computation of prior conviction those falling
outside the 10-year period immediately
preceding the crime for which the defendant
is being tried.
2. Ten-year period is counted not from the date
of commission of the subsequent offense but
from the date of conviction thereof in relation
HABITUAL
DELINQUENCY
RECIDIVISM
Crimes to be committed
are specified
Same title
W/ in 10 years No time fixed by law
Must be found guilty 3
rd

time or oftener
Second conviction
Additional penalty is
imposed
Is not offset by MC,
increases penalty to
maximum
ART. 62: EFFECT OF THE ATTENDANCE OF
MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL
DELINQUENCY
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to the date of his last release or last
conviction.
3. When an offender has committed several
crimes mentioned in the definition of habitual
delinquent, without being first convicted of
any of them before committing the others, he
is not a habitual delinquent.
4. Convictions on the same day or at about the
same time are considered as one only (days,
weeks..).
5. Crimes committed on the same date,
although convictions on different dates are
considered as one.
6. Previous convictions are considered every
time a new offense is committed.
7. Commissions of those crimes need not be
consummated.
8. Habitual delinquency applies to accomplice
and accessories.
9. A crime committed during the minority of the
offender is not counted because proceedings
as regards that crime are suspended.
10. Imposition of additional penalty is mandatory
and constitutional.
11. Modifying circumstances are applicable to
additional penalty.
12. Habitual delinquency is not a crime. It is
simply a fact or circumstance which if present
gives rise to the imposition of additional
penalty.
13. Penalty for habitual delinquency is a real
penalty that determines jurisdiction.
14. A habitual delinquent is necessarily a
recidivist.
15. In imposing the additional penalty, recidivism
is not aggravating. The additional penalty
must be imposed in its minimum.
16. An offender can be a habitual delinquent
without being a recidivist, when no two of the
crimes committed are embraced in the same
title of the Code. (Reyes)

NOTES:
In no case shall the total penalties imposed
upon the offender exceed 30 years.
The imposition of the additional penalties on
habitual delinquents are constitutional, it is
simply a punishment on future crimes on
account of the criminal propensities of the
accused.
The imposition of such additional penalties
are mandatory.
Habitual delinquency applies at any stage of
the execution because subjectively, the
offender reveals the same degree of
depravity or perversity as the one who
commits a consummated crime.
Habitual delinquency applies to all
participants because it reveals persistence in
them of the inclination to wrongdoing and of
the perversity of character that led them to
commit the previous crime.


Rules for the application of indivisible penalties:
1. Penalty is single and indivisible applied
regardless of the presence of aggravating
and mitigating circumstances
2. Penalty composed of two indivisible penalties
a. One aggravating circumstance
present higher penalty
b. One mitigating circumstance present
lower penalty
c. Some mitigating circumstances
present and no aggravating lower
penalty
d. Mitigating and Aggravating
Circumstances are present basis in
number and importance
NOTES:
Art 63 applies only when the penalty
prescribed by the Code is either one
indivisible penalty or 2 indivisible penalties.
Par.4: the moral value rather than the
numerical weight shall be taken into account.


GENERAL RULE: When the penalty is
composed of 2 indivisible penalties, the penalty
cannot be lowered by one degree, no matter how
many mitigating circumstances are present
EXCEPTION: In cases of privileged
mitigating circumstances


Rules For The Application Of Divisible Penalties:
1. No aggravating and no mitigating
circumstances medium period
2. One mitigating circumstance minimum
period
3. One aggravating circumstance maximum
period
4. Mitigating and aggravating circumstance
offset each other and according to relative
ART. 63: RULES FOR THE APPLICATION OF
INDIVISIBLE PENALTIES
ART. 64: RULES FOR THE APPLICATION OF
PENALTIES WHICH CONTAIN THREE
PERIODS
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weight
5. 2 or more mitigating without any aggravating
circumstance one degree lower

NOTES:
Art. 64 applies when the penalty has 3
periods because they are divisible. If the
penalty is composed of 3 different penalties,
each forms a period according to Art. 77
Par. 4: the mitigating circumstances must be
ordinary, not privileged. The aggravating
circumstances must be generic or specific,
not qualifying or inherent.
the court has discretion to impose the penalty
within the limits fixed by law
Art. 64 not applicable when the penalty is
indivisible or prescribed by special law or a
fine
Cases where the attending aggravating or
mitigating circumstances are not considered
in the imposition of penalties:
Penalty that is single and indivisible
Felonies through negligence
Where the penalty is only a fine
imposed by an ordinance (subject to
discretion of court see Article 66)
Penalty is prescribed by a special
law

Computations:

Example: Prision Mayor (6 years, 1 day to 12
years)
1. subtract the minimum (disregard 1 day) from
the maximum
12 years 6 years = 6 years

2. Divide the difference by 3.
6 years / 3 = 2 years

3. Use the minimum (6 years and 1 day) as the
minimum of the minimum period. Then add
the 2 years (disregarding the 1 day) to the
minimum to get the maximum of the
minimum period.
6 years (minimum of the minimum)
+ 2 years (difference)
-------------------------------------------
8 years (maximum of the minimum).

Therefore, minimum period of prision mayor
= 6 years 1 day to 8 years

4. Use the maximum of the minimum period as
the minimum of the medium period and add 1
day to distinguish from the minimum period.
Then add 2 years to the minimum of the
medium (disregarding the 1 day) to get the
maximum of the medium period.
8 years (minimum of the medium)
+ 2 years (difference)
-------------------------------------------
10 years (maximum of the medium)

Therefore, medium period of prision mayor =
8 years 1 day to 10 years

5. use the maximum of the medium period as
the minimum of the maximum pd, and add 1
day to distinguish it from the maximum of the
medium period. Then add 2 years to the
minimum of the maximum pd (disregarding
the 1 day) to get the maximum of the
maximum period)
10 years (maximum of the medium)
+ 2 years (difference)
----------------------------------------------
12 years (maximum of the maximum)

Therefore, maximum period of prision mayor
= 10 years 1 day to 12 years

*Computation above is applicable to all others except
to arresto mayor.


Example: Prision Mayor minimum (6 years 1 day
to 8 years) only

1. Subtract minimum from the maximum.
8 years 6 years = 2 years

2. Divide the difference by 3.
2 years / 3 = 8 months

3. Use the minimum of the given example as
the minimum period. Then to get to get the
maximum of the minimum, add the 8 months.
6 years + 8 months = 6 years and 8
months
Therefore, minimum of prision mayor
minimum = 6 years 1 day to 6 years 8
months

4. Use the maximum of the minimum as the
minimum of the medium period. Add 1 day to
distinguish it from the maximum of the
minimum. Add the 8 months and this
ART. 65: RULE IN CASES IN WHICH THE
PENALTY IS NOT COMPOSED OF THREE
PERIODS
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becomes the maximum of the medium
6 years 8 months + 8 months = 7
years 4 months
Therefore, the medium period of prision
mayor minimum = 6 years, 8 months 1 day to
7 years, 4 months

5. Use the maximum of the medium as the
minimum period of the maximum period and
add 1 day to distinguish. Add the 8 months to
get the maximum of this maximum
7 years 4, months + 8 months = 8
years
Therefore, maximum of prision mayor = 7
years, 4 months, 1 day to 8 years



1. The
court can fix any amount of the fine within the
limits established by law.
2. Court must consider the following in imposing
the fines:
a. mitigating and aggravating
circumstances
b. more particularly, the wealth and
means of the culprit
3. The following may also be considered by the
court:
a. the gravity of the crime committed
b. the heinousness of its perpetration
c. the magnitude of its effects on the
offenders victims.

NOTE: When the minimum of the fine is not fixed, the
court shall have the discretion, provided it does not
exceed the amount authorized by law.




Requisites of Art. 12, par. 4:
1. act causing the injury must be lawful
2. act performed w/ due care
3. injury was caused by mere accident
4. no fault or intention to cause injury

NOTE: If these conditions are not all present, then
the following penalties shall be imposed:
1. grave felony arresto mayor max to prision
correcional minimum
2. less grave felony arresto mayor min to
arresto mayor medium


NOTE: Art. 68 applies to such minor if his application
for suspension of sentence is disapproved or if while
in the reformatory institution he becomes incorrigible,
in which case he shall be returned to the court for the
imposition of the proper penalty.

Art. 68 provides for 2 privileged mitigating
circumstances:
1. If the act is attended by two or more
mitigating circumstances and no aggravating
circumstance, the penalty being divisible, a
minor over 15 but under 18 may still get a
penalty two degrees lower.
2. under 15 but over 9 and has acted w/
discretion: 2 degrees lower
3. under 18 but over 15: 1 degree lower



NOTE: Penalty to be imposed when the crime
committed is not wholly excusable:1 or 2 degrees
lower if the majority of the conditions for justification
or exemption in the cases provided in Arts. 11 and 12
are present.



NOTES:
The Three-Fold Rule
1. Maximum duration of the convicts sentence:
3 times the most severe penalty imposed
2. Maximum duration: shall not exceed 40 yrs
3. Subsidiary imprisonment: This shall be
excluded in computing for the maximum
duration.
* The three-fold rule shall apply only when the convict
is to serve 4 or more sentences successively.

Different Systems Of Penalty (Relative To The
Execution Of Two Or More Penalties Imposed The
Same Accused)
1. Material accumulation system - No
ART. 66: IMPOSITION OF FINES
ART. 67: PENALTY TO BE IMPOSED WHEN
NOT ALL THE REQUISITES OF EXEMPTION
OF THE FOURTH CIRCUMSTANCE OF
ARTICLE 12 ARE PRESENT
ART. 68: PENALTY TO BE IMPOSED UPON A
PERSON UNDER EIGHTEEN YEARS OF AGE
ART. 69: PENALTY TO BE IMPOSED WHEN
THE CRIME COMMITTED IS NOT WHOLLY
EXCUSABLE
ART. 70: SUCCESSIVE SERVICE OF
SENTENCE
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limitation whatsoever, and accordingly, all the
penalties for all the violations were imposed
even if they reached beyond the natural span
of human life.
2. Juridical accumulation system - Limited to
not more than three-fold the length of time
corresponding to the most severe and in no
case to exceed 40 years. This is followed in
our jurisdiction.
3. Absorption system - The lesser penalties
are absorbed by the graver penalties.




ART. 72: PREFERENCE IN THE PAYMENT OF THE
CIVIL LIABILITIES

NOTE: The penalties shall be satisfied according to
the chronological order of the dates of the final
judgment. (Art. 70)


Section Three. Provisions common in the last
two preceding sections



NOTE: Accessory penalties are deemed imposed
with the principal penalty. However, the subsidiary
imprisonment must be expressly stated in the
decision, as it is not considered an accessory
penalty.



NOTE: If the decision or law says higher than
reclusion perpetua or 2 degrees higher than reclusion
temporal, then the penalty imposed is reclusion
perpetua or reclusion temporal as the case may be,
and not death. Death must be designated by name.
However, for the other penalties, this does not apply.

Ex: the penalty for crime X is 2 degrees lower than
RP. The penalty imposed is prision mayor.



To get the lower degree:
1. Max: reduce by one-fourth
2. Min: the same

NOTE: If there are 3 distinct penalties; there shall be
a minimum, a medium and a maximum.
Ex: Reclusion temporal max to death



Chapter Five
EXECUTION AND SERVICE OF PENALTIES



Section One. General Provisions

NOTES:
Only a penalty by final judgment can be
executed. Judgment is final if the accused
has not appealed within 15 days or he has
expressly waived in writing that he will not
appeal.
There could be no subsidiary liability if it was
not expressly ordered in the judgment.


Cases of insanity:
1. After final sentence, suspend the sentence
regarding the personal penalties.
2. If he recovers, the sentence is executed
unless it has prescribed.
3. The payment of civil of pecuniary liabilities
shall not be suspended.




ART. 71: GRADUATED SCALES
ART. 73: PRESUMPTION IN REGARD TO THE
IMPOSITION OF ACCESSORY PENALTIES
ART. 74: PENALTY HIGHER THAN RECLUSION
PERPETUA IN CERTAIN CASES
ART. 75: INCREASING OR REDUCING THE
PENALTY OF FINE BY ONE OR MORE
DEGREES
ART. 76: LEGAL PERIOD OF DURATION OF
DIVISIBLE PENALTIES

ART. 77: WHEN THE PENALTY IS A COMPLEX
ONE COMPOSED OF THREE DISTINCT
PENALTIES
ART. 78: WHEN AND HOW A PENALTY IS TO
BE EXECUTED
ART. 79: SUSPENSION OF THE EXECUTION
AND SERVICE OF THE PENALTIES IN CASE
OF INSANITY
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INDETERMINATE SENTENCE LAW
Act No. 4103 as amended by Act No. 4225


- It applies to both violations of Revised Penal Code
and special laws, and is based on the penalty
actually imposed.

Indeterminate sentence is mandatory where
imprisonment would exceed one year.

IF THE PENALTY IS IMPOSED BY THE RPC:
1. The Maximum Term is that which could be
properly imposed under the RPC, considering the
aggravating and mitigating circumstances.
2. The MinimumTerm is within the range of the
penalty one degree lower than that prescribed by
the RPC, without considering the circumstances.
BUT when there is a privileged mitigating
circumstance, so that the penalty has to be
lowered by one degree, the STARTING POINT
for determining the minimum term of the
indeterminate penalty is the penalty next lower
than that prescribed by the Code for the offense.

IF THE PENALTY IS IMPOSED BY SPECIAL
PENAL LAW
1. The Maximum Term must not exceed the
maximum term fixed by said law.
2. The Minimum Term must not be less than
the minimum term prescribed by the same.

For SPECIAL LAWS, it is anything within the
inclusive range of the prescribed penalty. Courts
are given discretion in the imposition of the
indeterminate penalty. The aggravating and
mitigating circumstances are not considered
unless the special law adopts the same
terminology for penalties as those used in the
RPC (such as reclusin perpetua and the like).

WHEN BENEFIT OF THE ISL IS NOT
APPLICABLE:
The Indeterminate Sentence Law shall not apply
to the following persons:
1. sentenced to death penalty or life
imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment does not
exceed 1 year
9. sentenced to the penalty of destierro or
suspension only

RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the
release of a prisoner on parole, after he shall have
served the minimum penalty imposed on him,
provided that:
1. Such prisoner is fitted by his training for
release,
2. There is reasonable probability that he will live
and remain at liberty without violating the law,
3. Such release will not be incompatible with the
welfare of society.

ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a law abiding
citizen and, (b) shall not violate any law, the Board
may issue a final certification in his favor, for his final
release and discharge.

SANCTION FOR VIOLATION OF CONDITIONS OF
THE PAROLE
When the paroled prisoner shall violate any of the
conditions of his parole: (a) the Board may issue an
order for his arrest, and thereafter, (b) the prisoner
shall serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison.

REASONS FOR FIXING THE MAXIMUM AND
MINIMUM TERMS IN THE INDETERMINATE
SENTENCE
The minimum and maximum terms in the IS must be
fixed, because they are the basis for the following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is
fit for release of the prisoner on parole, upon
terms and conditions prescribed by the
Board.
2. But when the paroled prisoner violates any of
the conditions of his parole during the period
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on
the parole, he shall continue to serve until the
end of the MAXIMUM term.
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1. Youthful offender over 9 but under 18 at
time of the commission of the offense
2. A child nine years of age or under at the time
of the commission of the offense shall be
exempt from criminal liability and shall be
committed to the care of his or her father or
mother, or nearest relative or family friend in
the discretion of the court and subject to its
supervision.
3. The same shall be done for a child over nine
years and under fifteen years of age at the
time of the commission of the offense, unless
he acted with discernment, in which case he
shall be proceeded against in accordance
with Article 192.
4. A youthful offender held for examination or
trial who cannot furnish bail will be committed
to the DSWD/local rehabilitation center or
detention home.
5. If the court finds that the youthful offender
committed the crime charged against him, it
shall determine the imposable penalty and
the civil liability chargeable against him, but it
may not pronounce judgment of conviction.
Instead, the court shall suspend all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender
will be served thereby.

EXCEPTIONS to suspension of sentence
a. those who previously enjoyed a
suspension of sentence
b. those convicted of death or life
imprisonment
c. those convicted for an offense by the
military tribunals
6. The youthful offender shall be returned to the
court for pronouncement of judgment, when
the youthful offender, (1) has been found
incorrigible, or (2) has willfully failed to
comply with the conditions of his
rehabilitation programs; or (3) when his
continued stay in the training institution would
be inadvisable.
7. When the youthful offender has reached the
age of twenty one while in commitment, the
court shall determine whether-
a. To dismiss the case, if the youthful
offender has behaved properly and
has shown his capability to be a
useful member of the community; or
b. To pronounce the judgment of
conviction, if the conditions
mentioned are not met.
In the latter case, the convicted offender may
apply for probation. In any case, the youthful
offender shall be credited in the service of his
sentence with the full time spent in actual
commitment and detention.
8. The final release of a youthful offender,
based on good conduct as provided in Art.
196 shall not obliterate his civil liability for
damages.
9. A minor who is ALREADY AN ADULT at the
time of his conviction is not entitled to a
suspension of sentence.
10. The records of the proceeding shall be
privileged and shall not be disclosed.
11. The civil liability of the youthful offender may
be voluntarily assumed by a relative or a
friend.
12. The parent or guardian of the child is liable
when he aids, abets or connives for the
commission of the crime or does an act
producing, promoting or contributing to the
childs being a juvenile delinquent.
13. penalties for the parent or guardian: Fine not
exceeding P500 and/or imprisonment not
exceeding 2 years


PROBATION LAW OF 1976
(PD 968, AS AMENDED)

PROBATION - a disposition under which a defendant
after conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer

RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a
defendant, the trial court may suspend the
execution of the sentence, and place the
defendant on probation, upon application by
the defendant within the period for perfecting
an appeal.
2. Probation may be granted whether the
sentence imposed a term of imprisonment or
fine only.
3. No application for probation shall be
entertained or granted if the defendant has
ART. 80: SUSPENSION OF SENTENCE OF
MINOR DELINQUENTS (AS REPEALED BY PD
603: CHILD AND YOUTH WELFARE CODE)
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perfected an appeal.
4. Filing of application for probation operates as
a waiver of the right to appeal.
5. The order granting or denying probation shall
not be appealable.
6. Accessory penalties are deemed suspended
once probation is granted.
7. The convict is not immediately placed on
probation. There shall be a prior investigation
by the probation officer and a determination
by the court.
8. CRITERIA FOR grant of probation:
a. All information relative to the
character, antecedents,
environment, mental, and physical
condition of the offender
b. Available institutional and community
resources.
9. Probation is to be denied upon finding of the
court that:
a. The offender is in need of
correctional treatment that can be
provided effectively by his
commitment to an institution.
b. There is undue risk of committing
another crime.
c. Probation will depreciate the
seriousness of the offense
committed.
10. At any time during probation, the court may
issue a warrant for the arrest of a probationer
for any serious violation of the conditions of
probation. If violation is established, the court
may:
a. revoke his probation, and thus make
him serve the sentence originally
imposed, or
b. continue his probation and modify its
conditions
The court order shall not be subject to
appeal.
11. Probation is not coterminous with its
period. There must be an order issued by
the court discharging the probationer. Upon
finding that he has fulfilled the terms and
conditions of his probation, the court may
order the final discharge of the probationer.
This shall have the following effects:
a. case is deemed terminated
b. all civil rights lost or suspended are
restored
c. offenders liability for any fine
imposed is discharged



WHO ARE DISQUALIFIED FROM THE BENEFITS
OF PROBATION:
1. Sentenced to serve a maximum term of
imprisonment of more the 6 years
2. Convicted of subversion or any crime against
the national security or the public order
3. Previously convicted by final judgment of an
offense punished by imprisonment of
not less than 1 month and 1 day and/or a
fine not less than P200
4. Already placed on probation once

There are two kinds of conditions imposed upon
the offender under probation:
1. Mandatory or general once violated, the
probation is cancelled
a. The offender under probation must
present himself to the probation
officer designated to undertake his
supervision, at such place as may
be specified in the order,
within 72 hours from receipt of order.
b. He should report to the probation
officer at least once a month.
2. Discretionary or special additional
conditions which the court may
additionally impose for the probationers
correction and rehabilitation outside
prison. The enumeration is not
exclusive, as long as the probationers
Constitutional rights are not jeopardized.

Duration of Probation Period:
1. If the term of imprisonment is not more than
one year, probation shall not exceed 2
years.
2. if the term of imprisonment is more than one
year, period shall not exceed 6 years.
3. When the penalty is a fine only and the
offender is made to serve subsidiary
imprisonment, probation shall be twice the
total number of days of subsidiary
imprisonment.


Section Two. Execution of principal penalties

NOTE: Designate a working day, which shall not be
communicated to the offender before the sunrise of
ART. 81: WHEN AND HOW THE DEATH
PENALTY IS TO BE EXECUTED
ART. 82: NOTIFICATION AND EXECUTION
OF THE SENTENCE AND ASSISTANCE TO
THE CULPRIT
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said day. The execution shall not take place until after
the expiration of at least 8 hours following such
notification.


Death sentence commuted to RP:
1. woman, while pregnant
2. woman, within 1 year, after delivery
3. person over 70 years of age
4. convict who becomes insane after final
sentence of death has been pronounced



Destierro Shall Be Imposed In The Following
Cases:
1. death or serious physical injuries is caused
or are inflicted under exceptional
circumstance
2. person fails to give bond for good behavior
3. concubines penalty for the crime of
concubinage
4. lowering the penalty by degrees

Execution of Destierro:
1. Convict shall not be permitted to enter the
place designated in the sentence nor within
the radius specified, which shall not be more
than 250 and not less than 25 km from the
place designated.
2. If the convict enters the prohibited area, he
commits evasion of sentence.


NOTE:
Served where:
1. In the municipal jail
2. In the house of the offender, but under the
surveillance of an officer of the law whenever
the court so provides in the decision due to
the health of the offender. But the reason is
not satisfactory just because the offender is a
respectable member of the community.



Title Four
EXTINCTION OF CRIMINAL LIABILITY





Chapter One
TOTAL EXTINCTION OF CRIMINAL
LIABILITY



PAR. 1. BY DEATH

NOTES:
Extinguishment of criminal liability is a
ground for motion to quash.
Criminal liability whether before or after final
judgment is extinguished upon death
because it is a personal penalty.
Pecuniary penalty is extinguished only when
death occurs before final judgment.
The death of the offended party however
does not extinguish criminal liability of the
accused because it is a crime against the
state.


PAR. 2. BY SERVICE OF SENTENCE

NOTES:
Crime is a debt, hence extinguished upon
payment.
Service does not extinguish civil liability.

PAR. 3. BY AMNESTY

Amnesty is an act of the sovereign power granting
oblivion or general pardon. It wipes all traces and
vestiges of the crime but does not extinguish civil
liability.

ART. 88: ARRESTO MENOR
ART. 83: SUSPENSION OF THE EXECUTION
OF THE DEATH SENTENCE
ART. 84: PLACE OF EXECUTION AND PERSONS
WHO MAY WITNESS THE SAME

ART. 85: PROVISIONS RELATIVE TO THE
CORPSE OF THE PERSON EXECUTED AND ITS
BURIAL

ART. 86: RECLUSION PERPETUA, RECLUSION
TEMPORAL, PRISION MAYOR, PRISION
CORRECCIONAL AND ARRESTO MAYOR

ART. 87: DESTIERRO
ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
EXTINGUISHED
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PAR. 4. BY ABSOLUTE PARDON

Pardon an act of grace proceeding from the power
entrusted with the execution of laws, which exempts
the individual from the punishment the law inflicts for
the crime.


AMNESTY PARDON
Extended to classes of
persons who may be guilty of
political offenses
Exercised individually
by the President
Exercised even before trial or
investigation
Exercised when one is
convicted
Looks backward and
abolishes the offense itself
Looks forward and
relieves the offender of
the consequences
Does not extinguish civil
liability
Same
A public act that needs the
declaration of the President
with the concurrence of
Congress
A private act of the
President
Courts should take judicial
notice
Must be pleaded and
proved

PAR. 5. BY PRESCRIPTION OF CRIME

Prescription of a crime is the loss/forfeiture of the
right of the state to prosecute the offender after the
lapse of a certain time.

NOTE: When the crime prescribes, the state loses
the right to prosecute

PRESCRIPTIVE PERIODS OF CRIMES:
1. Crimes punishable by:
a. Death, reclusin perpetua or
reclusin temporal 20 years
b. afflictive penalties 15 years
c. correctional penalties 10 years,
d. except those punishable by
arresto mayor which shall prescribe
in 5 years
2. Crime of libel 1 year
3. Offenses of oral defamation and slander by
deed 6 months
4. Light offenses 2 months

When the penalty is a compound one, the highest
penalty shall be made the basis of the application of
above rules.

PAR. 6. BY PRESCRIPTION OF PENALTY

NOTE: means the loss/forfeiture of the right of
government to execute the final sentence after the
lapse of a certain time.

Conditions:
1. There must be final judgment.
2. The period must have elapsed.

PRESCRIPTIVE PERIODS OF PENALTIES:
1. Death and reclusin perpetua 20 years
2. Other afflictive penalties 15 years
3. Correctional penalties 10 years, except for
the penalty of arresto mayor which
prescribes in 5 years
4. Light penalties 1 year


PAR. 6. BY MARRIAGE OF THE OFFENDED
WOMAN (ART. 344)

NOTE:
Crimes covered:
1. rape
2. seduction
3. abduction
4. acts of lasciviousness
The marriage must be contracted in good faith.


NOTES:
In computing for the period, the first day is
excluded and the last day included. Period is
subject to leap years.
When the last day of the prescriptive period
falls on a Sunday or a legal holiday, the
information can no longer be filed the
following day.
Simple slander prescribes in 2 months and
grave slander in 6 months.
Since destierro is a correctional penalty, it
prescribes in 10 years. For afflictive
penalties, period is 15 years.
If it is a compound penalty, basis will be the
highest penalty.
ART. 90: PRESCRIPTION OF CRIME
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If fine is an alternative penalty (imposed
together with a penalty lower than the fine),
fine shall be the basis.
Prescription begins to run from the discovery
thereof. It is interrupted when proceedings
are instituted and shall begin to run again
when the proceedings are dismissed.
If an accused fails to move to quash before
pleading, he is deemed to have waived all
objections, except if the grounds are:
1. facts charged do not constitute an
offense
2. court has no jurisdiction
3. criminal action or liability has been
extinguished
4. the averments, if true, would
constitute a legal excuse or
justification (See Rule 117, Sec 9,
RoC)
Prescription does not take away the courts
jurisdiction but only absolves the defendant
and acquits him.

NOTES:
If there is nothing concealed (appears in a
public document), the crime commences to
run on the date of the commission.
The period of prescription for crimes which
continue never runs.
Crime needs to be discovered by:
1. offended party
2. authorities
3. their agents
If a person witnesses the crime but only tells
the authorities 25 years later, prescription
commences on the day the authorities were
told.

What Interrupts Prescription?
1. preliminary examination or investigation
which is similar to judicial proceeding
2. filing the proper complaint with the
prosecutors office. Police not included.
3. Filing complaint with the court that has
proper jurisdiction

The Period Commences To Run Again When The
Proceeding Is Terminated:
1. Without the accused being convicted or
acquitted
2. The proceeding is unjustifiably stopped for a
reason not imputable to the offender

When such proceedings terminate termination
that is final; an unappealed conviction or acquittal

Unjustifiably stopped for any reason ex:
accused evades arrest, proceedings must be stopped

NOTE: Art. 91 applies to a special law when said law
does not provide for the application but only provides
for the period of prescription.

NOTES:
Final sentence must be imposed.
If a convict can avail of mitigating
circumstances and the penalty is lowered, it
is still the original penalty that is used as the
basis for prescription. However, if the convict
already serves a portion of his sentence and
escapes after, the penalty that was imposed
(not the original) shall be the basis for
prescription.
Fines less than P200 fall under light penalty.
Those above are correccional.




The period of prescription commences to run from
the date when the culprit evaded the service of his
sentence.

Requisites:
1. Penalty is imposed by final sentence.
2. Convict evaded service of the sentence by
escaping during the term of his sentence.
3. Convict has not given himself up, or been
captured, or gone to a foreign country with
which we have no extradition treaty, or
committed another crime.
4. Penalty has prescribed, because of the
lapse of time from the date of the evasion of
the service of the sentence.

Interruption Of The Period:
If the convict
1. gives himself up
2. be captured
3. goes to a foreign country with which the
Philippines has no extradition treaty
4. commits another crime before the expiration
of the period of prescription
5. accepts a conditional pardon

ART. 93: COMPUTATION OF THE PRESCRIPTION
OF PENALTIES
ART. 91: COMPUTATION OF PRESCRIPTION OF
OFFENSES
ART. 92: WHEN AND HOW PENALTIES
PRESCRIBE
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NOTES:
If a government has an extradition treaty with
the country to which a convict escaped, but
the crime is not included in the treaty, the
running of the prescription is still interrupted.
Evasion of sentence starts the running of the
prescription. It does not interrupt it.
Acceptance of the conditional pardon
interrupts the prescription period.
Rolito Go case: Since he was captured, he
is only supposed to serve the remainder of
his sentence. Reason: During the period he
escaped, his existence was one of fear and
discomfort.

Conditional pardon contract between the
sovereign power of the executive and the convict

NOTE: Convict shall not violate any of the penal laws
of the Philippines.

In Case Of Violation Of Conditions:
1. Offender is re-arrested and re-incarcerated
2. Prosecution under Art. 159

COMMUTATION change in the decision of the
court by the chief regarding the:
1. degree of the penalty
2. by decreasing the length of the
imprisonment or fine

Commutation Allowed When:
1. person is over 70 years old
2. 8 justices fail to reach a decision affirming
the death penalty


CONDITIONAL PARDON PAROLE
Given after final judgment Given after service of the
minimum penalty
Granted by Chief
Executive
Given by the Board of
Pardons and Parole
For violation, convict may
be prosecuted under 159
For violations, may be
rearrested, convict serves
remaining sentence



NOTES:
Consent is not necessary in commutation.
Prisoner is also allowed special time
allowance for loyalty which is 1/5 deduction
of the period of his sentence.

PAROLE consists in the suspension of the
sentence of a convict after serving the minimum term
of the indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall
be suspended. In case his parole conditions are not
observed, a convict may be returned to the custody
and continue to serve his sentence without deducting
the time that elapsed.

Good conduct allowance during confinement
Deduction for the term of sentence for good behavior


Allowances For Good Conduct Per Year
Years Allowance
First 2 years 5 days per month of good
behavior
3
rd
to 5
th
years 8 days per month of good
behavior
Following years up to
10
th
year
10 days per month of good
behavior
11
th
year and
successive years
15 days per month of good
behavior

NOTE: Condition of pardon is limited to unserved
portion of the sentence, unless an intention to extend
it beyond the time is manifest.


NOTES:
allowance for good conduct not applicable
when prisoner released under conditional
pardon.
good conduct time allowance is given in
consideration of good conduct of prisoner
while he is serving sentence.






ART. 95: OBLIGATION INCURRED BY PERSON
GRANTED CONDITIONAL PARDON
ART. 98: SPECIAL TIME ALLOWANCE
FOR LOYALTY
ART. 94: PARTIAL EXTINCTION OF
CRIMINAL LIABILITY
ART. 96: EFFECT OF COMMUTATION OF
SENTENCE

ART. 97: ALLOWANCE FOR GOOD CONDUCT
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NOTES:
The article applies only to prisoners who
escaped.
There is a deduction of 1/5 of the period of
sentence of prisoner who, having evaded the
service of his sentence during the calamity or
catastrophe mentioned in Art 158, gives
himself up to the authorities within 48 hours
following the issuance of the proclamation by
the President announcing the passing away
of the calamity or catastrophe.
The deduction is based on the original
sentence and not on the unexpired portion.
Art 158 provides for increased penalties:
A convict who has evaded the service of his
sentence by leaving the penal institution on
the occasion of disorder resulting from
conflagration, earthquake or similar
catastrophe or during mutiny in which he did
not participate is liable to an increased
penalty (1/5 of the time still remaining to be
served not to exceed 6 months), if he fails
to give himself up to the authorities within 48
hours following the issuance of a
proclamation by the President announcing
the passing away of the calamity.


NOTES:
The authority to grant time allowance for
good conduct is exclusively vested in the
Director. (e.g. provincial warden cannot usurp
Directors authority)
It is not an automatic right, and once granted,
cannot be revoked by him.




Title Five
CIVIL LIABILITY


Chapter One
PERSON CIVILLY LIABLE FOR FELONIES



TWO CLASSES OF CIVIL LIABILITY
1. social injury produced by disturbance and
alarm which are the outcome of the offense
2. personal injury caused by the victim who
may have suffered damage, either to his
person, property, honor or chastity







Dual Character Of The Crime As Against:
1. the state, because of the disturbance of
peace and order
2. the private person injured, unless it involves
the crime of treason, rebellion, espionage,
contempt and others where no civil liability
arises on the part of the offender either
because there are no damages or there is
no private person injured by the crime


Damage that may be recovered in criminal cases:
1. Crimes against persons, like crime of
physical injuries whatever he spent for
treatment of wounds, doctors fees,
medicines as well as salary or wages
unearned
2. Moral Damages: seduction, abduction, rape
or other lascivious acts, adultery or
concubinage, illegal or arbitrary detention or
arrest, illegal search, libel, slander or any
other form of defamation, malicious
prosecution
3. Exemplary Damages: imposed when crime
was committed with one or more
aggravating circumstances

NOTES:
If there is no damage caused by the
commission of the crime, offender is not
civilly liable.
Dismissal of the information or the criminal
action does not affect the right of the
offended party to institute or continue the civil
action already instituted arising from the
offense, because such dismissal does not
carry with it the extinction of the civil one.
When accused is acquitted on ground that
his guilt has not been proven beyond
reasonable doubt, a civil action for damages
for the same act or omission may be
instituted.
Exemption from criminal liability in favor of an
imbecile or insane person, and a person
under 15 years, or over 15 but under 18 who
acted without discernment and those acting
ART. 100: CIVIL LIABILITY OF A
PERSON GUILTY OF FELONY
ART. 99: WHO GRANTS TIME
ALLOWANCES
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under the impulse of irresistible force or
under the impulse of an uncontrollable fear of
an equal or greater injury does not include
exemption from civil liability.
Acquittal in the criminal action for negligence
does not preclude the offended party from
filing a civil action to recover damages,
based on the theory that the act is a quasi-
delict.
When the court found the accused guilty of
criminal negligence but failed to enter
judgment of civil liability, the private
prosecutor has a right to appeal for the
purposes of the civil liability of the accused.
The appellate court may remand the case to
the trial court for the latter to include in its
judgment the civil liability of the accused
Before expiration of the 15-day period to
appeal, the trial court can amend the
judgment of conviction by adding a provision
for the civil liability of the accused, even if the
convict has started serving the sentence.
If offender dies prior to the institution of the
action or prior to the finality of judgment, civil
liability ex delicto is extinguished.
An independent civil action may be brought
by the injured party during the pendency of
the criminal case provided the right is
reserved. Reservation is necessary in the
following cases: (according to Herrera, no
reservation needed)
i. any of the cases referred to in Art 32
(perpetual or temporary
disqualification for exercise of the
right of suffrage)
ii. defamation, fraud and physical injury
(bodily injury and not the crime of
physical injury)
iii. civil action is against a member of a
city or municipal police force for
refusing or failing to render aid or
protection to any person in case of
danger to life or property

Prejudicial Question one which arises in a case,
the resolution of which is a logical antecedent of the
issue involved in said case and the cognizance of
which pertains to another tribunal. (elements
provided in Rule 111, Section 7 of RoC)
For the principle to apply, it is essential that there be
2 cases involved, a civil and a criminal case.
Prejudicial questions must be decided before any
criminal prosecution may be instituted or may
proceed.



General Rule: Exemption from criminal liability does
not include exemption from civil liability.
Exception: No civil liability in Art. 12, par. 4 (injury
caused by mere accident) and par. 7 (failure to
perform an act required by law when prevented by
some lawful or insuperable cause).

Pars. 1,2,3,5 and 6 are NOT exempt from civil
liability although exempt from criminal liability.

Who Are Civilly Liable For: -
1. acts of insane or minor exempt from
criminal liability
a. primarily persons having legal
authority or control over him, if at
fault or negligent (except if proven
that they acted without fault or with
due diligence)
b. If there is no fault or negligence, or
even with fault but are insolvent and
there are no persons having legal
authority over them, the
property of the insane, minor or
imbecile not exempt from execution
shall be held liable.

2. over 15 but under 18, with discernment
a. The father and, in case of his death
or incapacity, the mother, are
responsible for the damages caused
by the minor children who live in
their company.
b. Guardians over minors who are
under their authority and live in their
company
c. If there are no parents or guardian,
the minor or insane person shall be
answerable with his own property in
an action against him where a
guardian ad litem shall be appointed.

NOTE: Final release of a child based on good
conduct does not remove his civil liability for
damages.

3. persons acting under an irresistible force
or uncontrollable fear Persons using
violence or causing the fear are primarily
liable. If there are none, those doing the act
are responsible.

ART. 101: RULES REGARDING CIVIL
LIABILITY IN CERTAIN CASES
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General Rule: no civil liability in justifying
circumstances
Exception: par. 4 of Art. 11, where a person
does an act, causing damage to another, in
order to avoid evil or injury, the person
benefited by the prevention of the evil or
injury shall be civilly liable in proportion to the
benefit he received.

Civil liability in case of state of necessity
Those who benefited by the act are liable. The
court shall determine the proportionate amount
for which each shall be liable. If the government
or majority of the inhabitants are held
responsible, such will be determined by special
laws or regulations.


PAR. 1

Requisites:
1. The innkeeper, tavernkeeper or proprietor of
the establishment or his employee
committed a violation of municipal ordinance
or some general or special police regulation.
2. A crime is committed in such establishment.
3. The person criminally liable is insolvent.
NOTE: When all these are present, the innkeeper,
tavernkeeper or any other person or corporation is
subsidiarily liable for the crime committed in his
establishment.

PAR. 2:

Requisites:
1. The guests notified in advance the
innkeeper of the deposit of such goods
within the inn or house.
2. The guests followed the directions of the
innkeeper or his representative with respect
to the care of and vigilance over such goods.
3. Such goods of the guests lodging therein
were taken by robbery w/ force upon things
or theft committed within the inn or house.





Requisites:
1. The employer, teacher, person or
corporation is engaged in any kind of
industry.
2. Any of their servants, pupils, workmen,
apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is insolvent and has not
satisfied his civil liability.

Industry any department or branch of art,
occupation or business; especially one w/c employs
so much labor and capital is a distinct branch of trade

NOTES:
Hospitals are not engaged in industry; hence,
they are not subsidiarily liable for acts of
nurses.
Private persons without business or industry
are not subsidiarily liable.
A separate trial is not necessary to enforce
the subsidiary liability of the employer. The
judgment obligee only needs to file a motion
for subsidiary execution. During the hearing
of the said motion, it is incumbent upon the
movant to prove that; (1) an employer-
employee relationship exists; (2) the
employer is engaged in an industry; (3) the
convict committed the crime while in the
discharge of his duties; and (4) the writ of
execution was returned unsatisfied.
The employers subsidiary liability arises
when it is proved that the convict committed
the crime while at the service of the employer
and the writ of execution issued against the
accused is returned unsatisfied. On the other
hand, if the convict committed the crime but
NOT while in the service of an employer and
he cannot pay his civil liability, Art. 39 on
subsidiary penalty will apply.

CIVIL LIABILITIES PECUNIARY
LIABILITIES
Includes reparation and
indemnification
Same
Includes restitution (return
property taken), nothing to
pay in terms of money
No restitution as the
liabilities are to paid out of
the property of the
offender
No fines and costs of
proceedings
Includes fines and costs of
proceedings


ART. 103: SUBSIDIARY CIVIL LIABILITY OF
OTHER PERSONS
ART. 102: SUBSIDIARY CIVIL LIABILITY OF
INNKEEPERS, TAVERNKEEPERS AND
PROPRIETORS OF ESTABLISHMENTS
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Chapter Two
WHAT CIVIL LIABILITY INCLUDES




NOTE: The first remedy granted by law is restitution
of the thing taken away by the offender; if restitution
cannot be made by the offender or by his heirs, the
law allows the offended party reparation. In either
case, indemnity for consequential damages may be
required.

Restitution In theft, the culprit is duty bound to
return the property stolen.

Reparation In case of inability to return the
property stolen, the culprit must pay the value of the
property stolen.
In case of physical injuries, the reparation of the
damage caused would consist in the payment of
hospital bills and doctors fees to the offended party.

Indemnification the loss of salary or earnings





NOTES:
The convict cannot, by way of restitution,
give to the offended party a similar thing of
the same amount, kind or species and
quality. The very thing should be returned.
If the property stolen while in the possession
of the third party suffers deterioration due to
his fault, the court will assess the amount of
the deterioration and, in addition to the return
of the property, the culprit will be ordered to
pay such amount.
The owner of the property illegally taken by
the offender can recover it from whomsoever
is in possession thereof. Thus, even if the
property stolen was acquired by a 3
rd
person
by purchase without knowing that it has been
stolen, such property will be returned to the
owner.
If the thing is acquired by a person knowing
that it was stolen, then he is an accessory
and therefore criminally liable.
The third party who acquired the stolen
property may be reimbursed with the price
paid therefor if it be acquired at (a) a public
sale and (b) in good faith.
Circumstances which bar an action for
recovery: (a) torrens title, (b) when sale is
authorized
When the liability to return a thing arises from
a contract, and not from a criminal act, the
court cannot order its return in the criminal
case.
Restitution may be ordered, even if
accused is acquitted, provided the offense
is proved and it is shown that the thing
belongs to someone else.
When crime is not against property, no
restitution or reparation of the thing can be
done.
Payment of salary of an employee during the
period of suspension cannot, as a general
rule, be properly decreed by the court in a
judgment of acquittal. It devolves upon the
head of the department concerned to do so.
The court has authority to order the
reinstatement of the accused acquitted of a
crime punishable by the penalty of perpetual
or temporary disqualification.




NOTES:
The court orders reparation if restitution is
not possible.
Reparation shall be: the price of the thing,
plus its sentimental value.
If there is no evidence as to the value of the
thing unrecovered, reparation cannot be
made.
Payment by the insurance company does not
relieve the offender of his obligation to repair
the damage caused.
Damages shall be limited to those caused by
the crime.
The accused is liable for the damages
caused as a result of the destruction of the
property after the crime was committed,
either because it was lost or destroyed by the
accused himself or that by any other person
or as a result of any other cause or causes.




NOTES:
Indemnity refers to crimes against persons
while reparation to crimes against property.
ART. 105: RESTITUTION; HOW MADE
ART. 106: REPARATION; HOW MADE
ART. 107: INDEMNIFICATION; WHAT IS
INCLUDED
ART. 104: WHAT IS INCLUDED IN CIVIL
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Indemnity for medical services still unpaid
may be recovered.
Contributory negligence on the part of the
offended party reduces the civil liability of the
offender.
The civil liability may be increased only if it
will not require an aggravation of the decision
in the criminal case on which it is based.
The amount of damages for death shall be at
least 50,000, even though there may have
been mitigating circumstances.
In addition:
1. payment for the loss of the earning
capacity of the deceased
2. If the deceased was obliged to give
support, the recipient, who is not an
heir, may demand support from the
defendant.
3. The spouse, illegitimate descendants
and ascendants of the deceased
may demand for moral damages.

Moral damages may be recovered in the
following:
1. physical injuries
2. seduction, abduction, rape
3. adultery, concubinage
4. illegal or arbitrary detention
5. illegal search
6. libel, slander, defamation
7. malicious prosecution







NOTES:
The heirs of the person liable has no
obligation if restoration is not possible and
the deceased left no property.
Civil liability is possible only when the
offender dies after final judgment.
If the death of the offender took place before
any final judgment of conviction was
rendered against him, the action for
restitution must necessarily be dismissed.




NOTE: In case of insolvency of the accomplices, the
principal shall be subsidiarily liable for their share of
the indemnity. In case of the insolvency of the
principal, the accomplices shall be subsidiarily liable,
jointly and severally liable, for the indemnity due from
said principal.






Each class of principals, accomplices and
accessories is liable solidary for their share and
subsidiarily liable for the share of the other classes.

Preference In Enforcement Of Subsidiary
Liability:
1. against the property of the principal
2. against that of the accomplice
3. against that of the accessories




NOTES:
This refers to a person who has participated
gratuitously in the proceeds of a felony and
he is bound to make restitution in an amount
equivalent to the extent of such participation.
The third person must be innocent of the
commission of the crime, otherwise he would
be liable as an accessory and this article will
not apply.

Ex. A stole a ring worth 1k which he gave to B who
accepted it without knowledge that it was stolen. B
sold the ring to C for 500. B is liable to make
restitution up to 500 only.


Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY





Civil Liability Is Extinguished By:
1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor
and debtor
5. compensation
6. novation


ART. 108: OBLIGATION TO MAKE
RESTORATION, REPARATION FOR DAMAGES,
OR INDEMNIFICATION FOR CONSEQUENTIAL
DAMAGES AND ACTIONS TO DEMAND THE
SAME; UPON WHOM IT DEVOLVES
ART. 109: SHARE OF EACH PERSON CIVILLY
LIABLE
ART. 110: SEVERAL AND SUBSIDIARY
LIABILITY OF PRINCIPALS, ACCOMPLICES
AND ACCESSORIES OF A FELONY;
PREFERENCE IN PAYMENT
ART. 111: OBLIGATION TO MAKE
RESTITUTION IN CERTAIN CASES
ART. 112: EXTINCTION OF CIVIL LIABILITY
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NOTES:
Unless extinguished, civil liability subsists
even if the offender has served sentence
consisting of deprivation of liberty or other
rights or has not served the same, due to
amnesty, pardon, commutation of the
sentence or any other reason.
Under the law as amended, even if the
subsidiary imprisonment is served for non-
payment of fines, this pecuniary liability of the
defendant is not extinguished.
While amnesty wipes out all traces and
vestiges of the crime, it does not extinguish
the civil liability of the offender. A pardon shall
in no case exempt the culprit from the
payment of the civil indemnity imposed upon
him by the sentence.
Probation affects only the criminal aspect of
the crime.


BOOK II


TITLE ONE
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS


Section 1 Treason and Espionage
ART 114. TREASON
ELEMENTS:
1. Offender is a Filipino citizen or an alien
resident;
2. Theres a war in and Philippines is
involved; and
3. Offender either
a. Levies war against the
government; or
b. Adheres to enemies, giving aid or
comfort.



NOTES:
Treason breach of allegiance to the
government by a person who owes
allegiance to it.
Allegiance obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in return for protection they
receive
Treason is a war crime - punished by state
as a measure of self-protection
Committed in times of war (not peace)
when
- there is actual hostilities
- no need for a declaration of war.
Mere acceptance of public office and
discharge of official duties under the enemy
do not constitute per se the felony of treason.
But when the position is policy-determining,
the acceptance of public office and the
discharge of official duties constitute treason.


PERSONS LIABLE:
1. Filipino permanent allegiance; can commit
treason anywhere
2. Alien Residing temporary allegiance;
commit treason only while residing in
Philippines

NOTES:
Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
Treason by an alien must be committed in
the Philippines. (EO 44).


WAYS TO COMMIT TREASON:
1. Levying war against government - requires:
a. Actual assembling of men
b. Purpose of executing a treasonable
design, by force
2. Adheres to enemies following must
concur together:
a. Actual adherence
b. Give aid or comfort

NOTES:
Levying war - must be with intent to
overthrow the government as such, not
merely to repeal a particular statute or to
resist a particular officer.
Not necessary that those attempting to
overthrow the government by force of arms
ART. 113: OBLIGATION TO SATISFY CIVIL
LIABILITY
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should have the apparent power to
succeed in their design, in whole or in part
Adherence intellectually or emotionally
favors the enemy and harbors sympathies or
convictions disloyal to his countrys policy or
interest.
Aid or Comfort act w/c strengthens or
tends to strengthen the enemy of the
government in the conduct of war against the
government, or an act w/c weakens or tends
to weaken the power of the government or
the country to resist or to attack the enemies
of the govt or country

WAYS TO PROVE:
1. Treason
a. Testimony of at least 2 witnesses
to the same overt act
b. Judicial confession of accused
2. Adherence
a. One witness
b. Nature of act itself
c. Circumstances surrounding act

NOTES:
To convict: testimonies must relate to the
same overt act not two similar acts
If act is separable each witness can testify
to parts of it; but the act, as a whole, must be
identifiable as an overt act
Confession must be in open court
Reason for 2-witness rule special nature
of the crime requires that the accused be
afforded a special protection not required in
other cases so as to avoid a miscarriage of
justice. Extreme seriousness of the crime,
for which death is one of the penalties
provided by law, and the fact that the crime is
committed in abnormal times, when small
differences may in mortal enmity wipe out all
scruples in sacrificing the truth.

General Notes:
Inherent circumstances they do not
aggravate the crime
- Evident premeditation
- superior strength
- treachery
Treason is a continuing crime. Even after the
war, offender can still be prosecuted.
No treason through negligence since it must
be intentional
No complex crime of treason with murder
murder is the overt act of aid or comfort
and is therefore inseparable from treason
itself.
DEFENSE:
- Duress or uncontrollable fear
- Obedience to de facto government
NOT DEFENSE:
- Suspended allegiance
- Joining the enemy army thus becoming a
citizen of the enemy




ELEMENTS CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement
to -
a. levy war against the government, or
b. adhere to the enemies and to give
them aid or comfort
3. They decide to commit it.
ELEMENTS PROSOPAL:
1. In time of war
2. A person who has decided to levy war
against the government, or to adhere to the
enemies and to give them aid or comfort
3. Proposes its execution to some other
person/s.

General Notes:
As a general rule, conspiracy and proposal to
commit a felony is not punishable (ART.8).
Art 115 is an exception as it specifically
penalizes conspiracy and proposal to
commit treason.
Mere agreement and decision to commit
treason is punishable.
Two-witness rule not applicable since this
is a crime separate from treason
Mere proposal even without acceptance is
punishable, too. If the other accepts, it is
already conspiracy.
If actual acts of treason are committed after
the conspiracy or proposal, the crime
committed will be treason, and the
conspiracy or proposal is considered as
a means in the commission thereof.




ART. 115. CONSPIRACY AND PROPOSAL TO
COMMIT TREASON
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ELEMENTS:
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to
commit treason) against the government
4. He conceals or does not disclose the same
to the authorities in w/c he resides.

NOTES:
Offender is punished as an accessory to the
crime of treason.
But is actually principal to this crime.
Crime doesnt apply if crime of treason is
already committed and it is not reported.
It is a crime of omission.
RPC mentions 4 individuals (i.e. governor,
provincial fiscal, mayor or city fiscal), but
what if you report to some other high-ranking
government. official?
Ex: PNP Director? Judge Pimentel says any
governement. official of the DILG is OK..






MODES of COMMITTING ESPIONAGE:
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to
the defense of the Philippines.
ELEMENTS:
1. That the offender enters a warship,
fort, naval or military
establishment or reservation;
2. That he has no authority therefore;
and
3. That his purpose is to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines.

2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office he
holds.

ELEMENTS:
1. That the offender is a public officer;
2. That he has in his possession the
articles, data or information referred
to in the first mode of committing
espionage, by reason of the public
office he holds; and
3. That he discloses their contents to
a representative of a foreign
nation.

PERSONS LIABLE:
1. First mode:
a. Filipino
b. alien residing
2. Second mode:
a. Offender is a public officer.

NOTES:
Being a public officer is a requirement in
the second paragraph
It is aggravating in the first.

General Notes:
Espionage is the offense of gathering,
transmitting, or losing information respecting
the national defense with the intent or
reason to believe that the information is
to be used to the injury of the Philippines or
the advantage of any foreign nation. It is not
conditioned on citizenship.
Wiretapping is not espionage if the purpose
is not connected with the defense.
In the first mode of committing the felony, it
is not necessary that the offender
succeeds in obtaining the information.

TREASON ESPIONAGE
In both not conditioned by citizenship of offender
Committed in war time War and Peace time
Limited in two ways of
committing crime:
levying war, and
adhering to the enemy
giving him aid or
comfort
Committed in many ways

ART. 116. MISPRISION OF TREASON
ESPIONAGE is the offense of gathering,
transmitting, or losing information respecting the
national defense with intent or reason to believe
that the information is to be used to the injury of
the Republic of the Philippines or the advantage of
a foreign nation.
ART. 117. ESPIONAGE
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C.A. NO. 616
An Act to Punish Espionage and Other
Offenses Against National Security

ACTS PUNISHABLE:
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense;
2. Unlawful disclosing of information affecting
national defense;
3. Disloyal acts or words in time of peace (i.e.
causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval, or air forces of
the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the
law (i.e. the offender harbors a person whom
he knows as someone who committed or is
about to commit a violation of this Act); and
7. Photographing from aircraft of vital military
information.


Section Two Provoking War & Disloyalty in
Case of War






ELEMENTS:
1. Offender performs unlawful or
unauthorized acts;
2. Such acts provoke or give occasion for a
war involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their persons or property;

NOTES:
Crime is committed in time of peace.
Intent of the offender is immaterial.
In inciting to war, the offender is any
person. If the offender is a public officer,
the penalty is higher.
Reprisals are not limited to military
action, it could be economic reprisals, or
denial of entry into their country.
Example: X burns Chinese flag. If China
bans the entry of Filipinos into China, that
is reprisal.



ELEMENTS:
1. That there is war in which the Philippines is
not involved;
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality; and
3. That the offender violates such regulation.
NOTES:
This crime is committed only in time of
war.
Neutrality of the Philippines that was
violated.
There has to be a regulation issued by
competent authority for enforcement of
neutrality offender violated it
Being a public officer or employee has
higher penalty




ELEMENTS:
1. Theres a war in and Philippines is
involved;
2. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops;
3. That the correspondence is either
a. prohibited by the government, or
b. carried on in ciphers or
conventional signs, or
c. containing notice or information
which might be useful to the
enemy.

QUALIFYING CIRCUMSTANCES:
1. Notice or information might be useful to the
enemy.
2. Offender intended to aid the enemy.

NOTES:
Circumstances qualifying the offense:
1. notice or information might be useful
to the enemy
2. offender intended to aid the enemy
A hostile country exists only during
hostilities or after the declaration of war.
Correspondence to enemy country is
correspondence to officials of enemy
country even if said official is related to
the offender.
ART. 119. VIOLATION OF NEUTRALITY
ART. 118. INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ART. 120. CORRESPONDECE WITH HOSTILE
COUNTRY
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It is not correspondence with private
individual in enemy country.
If ciphers were used, no need for
prohibition of the government.
If ciphers were not used, there is a need
for prohibition of the government.
It is immaterial if correspondence
contains innocent matters. If prohibited,
correspondence is punishable.





ELEMENTS:
1. Theres a war and Philippines is involved;
2. Offender owes allegiance to the
government;
3. Offender attempts to flee or go to enemy
country; and
4. Going to enemy country is prohibited by
competent authority.

PERSONS LIABLE:
1. Filipino citizen
2. Alien residing in the Philippines

NOTES:
Mere attempt consummates the crime.
There must be a prohibition. If there is
none, even if one went to enemy country,
there is no crime.
An alien resident may be held guilty for
this crime because an alien owes
allegiance to the Philippine government
albeit temporary.


Section Three Piracy & Mutiny on The High
Seas


PIRACY MODES TO COMMIT:
1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
2. By seizing the whole or part of the cargo of
said vessels, its equipment or personal
belongings of its complement or passengers,
the offenders being strangers to the
vessels.




ELEMENTS of PIRACY:
1. A vessel is on the high seas or Philippine
waters;
2. Offenders not members of its complement
nor passengers of the vessel; and
3. That the offenders
a. attack or seize vessel (if committed by
crew or passengers, the crime is not
piracy but robbery in the high seas), or
b. seize whole or part of vessels cargo,
equipment or personal belongings
of its complement or passengers.

NOTES:
High seas - any waters on the sea coast
which are without the boundaries of the low
water mark although such waters may be in
the jurisdictional limits of a foreign
government; parts of the sea that are not
included in the exclusive economic zone, in
the territorial seas, or in the internal waters of
a state, or in the archipelagic waters of an
archipelagic state (United Nations
Convention on the Law of the Sea).
Philippine waters all bodies of water, such
as but not limited to seas, gulfs, bays, around,
between and connecting each of the islands of
the Philippine Archipelago, irrespective of its
depth, breath, length or dimension, and all
waters belonging to the Philippines by historic
or legal title, including territorial sea, the sea-
bed, the insular shelves, and other submarine
areas over which the Philippines has
sovereignty and jurisdiction. (Sec. 2, P.D. No.
532)
Now, Art. 122, as amended by R.A. 7659
Piracy and Mutiny in Philippine waters is
punishable.
Before R. A. 7659 amended Art 122, piracy
and mutiny only on the high seas was
punishable. However, the commission of the
acts described in Arts. 122 and 123 in
Philippine waters was under P.D. No. 532.
MUTINY the unlawful resistance to a superior, or
the raising of commotions and disturbances on
board a ship against the authority of its
commander.
PIRACY it is robbery or forcible depredation on
the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of
universal hostility.
ART. 121. FLIGHT TO ENEMYS COUNTRY
ART. 122. PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
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Piracy in high seas jurisdiction of any court
where offenders are found or arrested.
Piracy in internal waters jurisdiction of
Philippine courts.
For purposes of the Anti-Fencing Law,
piracy is part of robbery and theft.

PIRACY MUTINY
Robbery or forcible
degradation on the
high seas, without
lawful authority and
done with animo
furandi and in the spirit
and intention of
universal hostility.
Unlawful resistance to a
superior officer, or the
raising of commotion and
disturbances on board a
ship against the authority of
its commander.
Intent to gain is an
element.
Intent to gain is not an
element
Attack from outside.
Offenders are
strangers to the vessel.
Attack from the inside.

PIRACY ROBBERY ON HIGH
SEAS
The offender is an
outsider.
The offender is a member
of the complement or a
passenger of the vessel.
In both, there is intent to gain and the manner of
committing the crime is the same.

WITHIN PHIL. WATERS
Art. 122, RPC PD 532, Anti-Piracy
Offender is an outsider Offender is crew or
passenger


PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974)


VESSEL any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for fishing.

AIDING OR ABETTING PIRACY REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit;
3. Directly or indirectly abets the commission of
piracy.

NOTE: Under PD 532, piracy may be committed
even by a passenger or member of the
complement of the vessel.





QUALIFYING CIRCUMSTANCES:
1. Seizure of the vessel by boarding or firing
upon the same;
2. Abandonment of victims without means of
saving themselves; or
3. Piracy was accompanied by murder,
homicide, physical injuries, or rape.

NOTES:
Parricide/infanticide should be included
(according to Judge Pimentel).
There is a conflict between this
provision and the provision on rape.
Ex: If rape is committed on someone
below 7 yrs. old penalty is death
under the new rape law. But if rape
committed on someone below 7
during the time of piracy reclusion
perpetua to death.
Themurder/rape/homicide/physical
injuries must have been committed on the
passengers or on the complement of the
vessel.
Piracy is a crime not against any particular
state but against all mankind. It may be
punished in the competent tribunal of any
country where the offender may be found
or into which he may be carried.
QUALIFIED PIRACY a SPECIAL
COMPLEX CRIME punishable by reclusin
perpetua to death, regardless of the
number of victims.


R. A. NO. 6235
Anti-Hijacking Law

ACTS PUNISHABLE:
1. By compelling a change in the course or
destination of an aircraft of Philippine
registry, or seizing or usurping the control
thereof while it is in flight;
ART. 123. QUALIFIED PIRACY
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2. By compelling an aircraft of foreign
registry to land in Philippine territory or
seizing or usurping the control thereof
while it is in the said territory; and
3. By shipping, loading, or carrying in any
passenger aircraft operating as a public utility
w/in the Philippines, any explosive,
flammable, corrosive or poisonous
substance or material.

IN FLIGHT From the moment all exterior doors
are closed following embarkation until the same
doors are again opened for disembarkation.

NOTES: (Atty. Palacios)
Where the aircraft is of Philippine registry,
the offense must be committed while in
flight. Hence, the act must take place after
all exterior doors are closed following
embarkation.
Where the aircraft is of foreign registry,
offense need not take place while in
flight.

QUALIFYING CIRCUMSTANCES (Par 1 & 2):
1. Firing upon the pilot, member of the crew or
passenger of the aircraft;
2. Exploding or attempting to explode any
bomb or explosive to destroy the aircraft; or
3. The crime is accompanied by murder,
homicide, serious physical injuries, or
rape.

NOTES: (Atty. Palacaios)
For firing upon to qualify the offense, the
offender must have actually fired his
weapon. Mere attempt is not enough.
For firing upon to qualify the offense, the
offender need not succeed in hitting the
pilot, crew member or passenger.


TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THE STATE



CLASSES OF ARBITRARY DETENTION:
1. By detaining a person without legal
ground
2. Delay in the delivery of detained persons to
the proper judicial authorities
3. Delaying release




ELEMENTS:
1. That the offender is a public officer or
employee (whose official duties include the
authority to make an arrest and detain
persons);
2. That he detains a person; and
3. That it was without legal grounds.

NOTES:
Arbitrary detention is the deprivation by a
public officer of the liberty of a person w/o
any legal ground.
Though the elements specify that the
offender be a public officer or employee,
private individuals who conspire with
public officers can be liable as principals.
Legal grounds for the detention of any
person:
- commission of a crime
- violent insanity or other ailment
requiring compulsory confinement of
the patient in a hospital
Grounds for warrantless arrest:
- Crime is about to be, is being, or has
been committed;
- Arresting officer must have personal
knowledge that the person probably
committed the crime; or
- Person to be arrested is an escaped
prisoner.
Rolito Go v. CA is an example of arbitrary
detention (Judge Pimentel)
Ramos v. Enrile: Rebels later on retire.
Once you have committed rebellion and
have not been punished or amnestied,
the rebels continue to engage in
rebellion, unless the rebels renounce
their affiliation. Arrest can be made
without a warrant because rebellion is a
continuing crime.



ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he has detained a person for some
legal ground; and
ART. 124. ARBITRARY DETENTION
ART. 125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
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3. That he fails to deliver such person to the
proper judicial authority within:
a. 12 hours, detained for crimes
punishable by light penalties, or
equivalent;
b. 18 hours, for crimes punishable by
correctional penalties, or their
equivalent; or
c. 36 hours, for crimes/offenses
punishable by capital punishment or
afflictive penalties, or their
equivalent.

NOTES:
The felony means delay in filing the
necessary information or charging of
person detained in court which may be
waived if a preliminary investigation is
asked for. This does not contemplate
actual physical delivery.
The filing of the information in court beyond
the specified periods does not cure
illegality of detention. Neither does it
affect the legality of the confinement under
process issued by the court.
To prevent committing this felony, officers
usually ask accused to execute a waiver
of Art. 125 which should be under oath
and with assistance of counsel. Such
waiver is not violative of the constitutional
right of the accused.
Contemplates arrest by virtue of some legal
ground or valid warrantless arrest.
If arrested by virtue of arrest warrant, person
may be detained until case is decided.

LENGTH OF WAIVER:
- Light offense 5 days.
- Serious and less serious offenses 7 to
10 days. (Judge Pimentel)
- If offender is a private person, the
crime is illegal detention.

ARBITRARY
DETENTION (124)
DELAY IN DELIVERY
OF DETAINED (125)
Detention is illegal
from the beginning.
Detention is legal in the
beginning, but illegality
starts from the
expiration of the
specified periods
without the persons
detained having been
delivered to the proper
judicial authority.


ART. 126: DELAYING RELEASE

ELEMENTS:
1. That the offender is a public officer or
employee;
2. That there is a judicial or executive order
for the release of a prisoner or detention
prisoner, or that there is a proceeding upon
a petition for the liberation of such person;
and
3. That the offender without good reason
delays:
a. the service of the notice of such order
to the prisoner, or
b. the performance of such judicial or
executive order for the release of the
prisoner, or
c. the proceedings upon a petition for
the release of such person.

NOTE:
Wardens and jailers are the persons most
likely to violate this provision.




ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he expels any person from the
Philippines, or compels a person to change
his residence; and
3. That the offender is not authorized to do so
by law.

ACTS PUNISHABLE:
1. by expelling a person from the Philippines; or
2. by compelling a person to change his
residence

NOTES:
Acts punishable:
The crime of expulsion absorbs that of
grave coercion. If done by a private
person, act will amount to grave coercion.
Crime does not include expulsion of
undesirable aliens, destierro, or when sent to
prison.
If a Filipino who, after voluntarily leaving the
country, is illegally refused re-entry is
considered a victim of being forced to
change his address.

ART. 127. EXPULSION
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Threat to national security is not a valid
ground to expel or to compel one to
change his address.
The Chief Executive has the power to
deport undesirable aliens.



ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he is not authorized by judicial order to
enter the dwelling and/or to make a
search therein for papers or other effects;
and
3. That he commits any of the following acts:
a. entering any dwelling against the will
of the owner thereof;
b. searching papers or other effects
found therein without the previous
consent of such owner;
c. refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been
required to leave the same.

SPECIAL AGGRAVATING CIRCUMSTANCES:
1. nighttime
2. papers or effects not constituting evidence of
a crime are not returned immediately

NOTES:
The judicial order is the search warrant.
If the offender who enters the dwelling
against the will of the owner thereof is a
private individual, the crime committed is
trespass to dwelling (Art 280).
When a public officer searched a person
outside his dwelling without a search
warrant and such person is not legally
arrested for an offense, the crime committed
by the public officer is either:
- grave coercion if violence or
intimidation is used (Art 286), or
- unjust vexation if there is no violence
or intimidation (Art 287).
Public officer without a search warrant
cannot lawfully enter the dwelling against the
will of the owner, even if he knew that
someone in that dwelling is in unlawful
possession of opium.





ACTS PUNISHABLE:
1. procuring a search warrant without just
cause

ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he procures a search warrant;
and
3. That there is no just cause.

2. exceeding his authority by using
unnecessary severity in executing a
search warrant legally procured

ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he has legally procured a
search warrant; and
3. That he exceeds his authority or
uses unnecessary severity in
executing the same.

NOTES:
Search warrant is valid for 10 days from its
date of issue.
If there is no just cause, the warrant is
unjustified.
The search is limited to what is described
in the warrant, all details must be with set
forth with particularity.
Example of a warrant maliciously obtained: X
was a respondent of a search warrant for
illegal possession of firearms. A return was
made. The gun did not belong to X and the
witness had no personal knowledge that there
is a gun in that place.

Examples of abuse in service of warrant:
1. X owner was handcuffed while
search was going-on.
2. Tank was used to ram gate prior to
announcement that a search will be
made.
3. Persons who were not respondents
were searched.
An exception to the necessity of a search
warrant is the right of search and seizure as
an incident to a lawful arrest.


ART. 128. VIOLATION OF DOMICILE
ART. 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED, AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
OBTAINED
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ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he is armed with a search warrant
legally procured;
3. That he searches the domicile, papers or
other belongings of any person; and
4. That the owner, or any member of his
family, or two witnesses residing in the
same locality are not present.

NOTES:
Order of those who must witness the
search:
- Homeowner
- Members of the family of sufficient
age and discretion
- Responsible members of the
community
Validity of the search warrant can be
questioned only in 2 courts: where issued
or where the case is pending. The latter is
preferred for objective determination.





ELEMENTS:
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or interrupting, without
legal ground the holding of a peaceful
meeting, or dissolving the same
(e.g. denial of permit in arbitrary
manner).
b. hindering any person from joining
any lawful association or from
attending any of its meetings
c. prohibiting or hindering any person
from addressing, either alone or
together with others, any petition to
the authorities for the correction of
abuses or redress of grievances.

NOTES:
If the offender is a private individual, the
crime is disturbance of public order
(Art 153).
Meeting must be peaceful and there is no
legal ground for prohibiting, dissolving or
interrupting that meeting.
Offender must be a stranger, not a
participant, in the peaceful meeting;
otherwise, the offense is unjust
vexation.
Interrupting and dissolving a meeting of the
municipal council by a public officer is a
crime against the legislative body and
not punishable under this article.
The person talking on a prohibited subject at
a public meeting contrary to agreement
that no speaker should touch on politics
may be stopped.
But stopping the speaker who was attacking
certain churches in public meeting is a
violation of this article.
Those holding peaceful meetings must
comply with local ordinances. Example:
Ordinance requires permits for meetings
in public places. But if a police stops a
meeting in a private place because
theres no permit, officer is liable for
stopping the meeting.


ART. 132. INTERRUPTION OF RELIGIOUS

ELEMENTS:
1. That the officer is a public officer or
employee;
2. That religious ceremonies or
manifestations of any religion are about to
take place or are going on; and
3. That the offender prevents or disturbs the
same.

NOTES:

Qualifying circumstances:
1. violence; or
2. threats.

Reading of Bible and then attacking certain
churches in a public plaza is not a
ceremony or manifestation of religion, but
only a meeting of a religious sect. But if
done in a private home, its a religious
service.
Religious Worship includes people in the act
of performing religious rites for a religious
ceremony or a manifestation of religion.
Examples: Mass, baptism, marriage
ART. 131. PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
ART. 130. SEARCHING DOMICILE WITHOUT
WITNESSES
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X, a private person, boxed a priest while the
priest was giving homily and maligning a
relative of X. Is X liable? X may be liable
under Art 133 (Offending religious feelings)
because X is a private person.

ELEMENTS:
1. Acts complained of were performed
a. in a place devoted to religious
feelings, or
b. during the celebration of any
religious ceremony
2. Acts must be notoriously offensive to the
feelings of the faithful;
3. Offender is any person; and
4. Theres a deliberate intent to hurt the
feelings of the faithful, directed against
religious tenet.

NOTES:
If in a place devoted to religious purpose,
there is no need for an ongoing
religious ceremony.
Example of religious ceremony (acts
performed outside the church):
Processions and special prayers for
burying dead persons but NOT prayer
rallies.
Acts must be directed against religious
practice or dogma or ritual for the
purpose of ridicule, as mocking or
scoffing or attempting to damage an
object of religious veneration.
There must be deliberate intent to hurt the
feelings of the faithful, mere arrogance
or rudeness is not enough.

CRIME NATURE
OF
CRIME
WHO
ARE
LIABLE
IF ELEMENT
MISSING
Prohibition,
Interruption
and
Dissolution
of
Peaceful
Meeting
(131)
Crime
against
the
fundame
ntal law
of the
state
Public
officers,
Outsiders
If not by
public officer
=
Tumults
Interruption
of
Religious
Worship
Crime
against
the
fundame
Public
officers,
Outsiders
If by insider =
unjust
vexation
If not
(132) ntal law
of the
state
religious =
tumult or
alarms
If not
notoriously
offensive =
unjust
vexation
Offending
the
Religious
Feeling
(133)
Crime
against
public
order
Public
officers,
private
persons,
outsiders
If not tumults
= alarms
and scandal
If meeting
illegal at
onset =
inciting to
sedition or
rebellion




TITLE THREE
CRIMES AGAINST PUBLIC ORDER



POLITICAL CRIMES are those directly aimed
against the political order, as well as such common
crimes as may be committed to achieve a political
purpose. The decisive factor is the intent or motive.





ELEMENTS:
1. That there be a public armed uprising; and
2. That the purpose of the uprising or
movement is either:
a. to remove from the allegiance to
said government or its laws the
territory of the Philippines or any part
thereof or any body of land, naval or
other armed forces, or
b. to deprive the chief executive or
congress, wholly or partially, of any
of their powers or prerogatives.

PERSONS LIABLE:
1. Any person who: (a) promotes, (b) maintains,
or (c) heads a rebellion or insurrection
(leader);
2. Any person merely participating or
executing the command of others in
rebellion (participant); and
ART. 134. REBELLION OR INSURRECTION
ART. 133. OFFENDING RELIGIOUS FEELINGS
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3. Any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels (person deemed leader when leader
is unknown)

NOTES:
Rebellion is the term 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 governmental authority w/ respect to
particular matters or subjects.
Purpose of the uprising must be shown
but it is not necessary that it be
accomplished.
If there is no public uprising, the crime is
direct assault.
Mere giving of aid or comfort is not
criminal in the case of rebellion. There
must be ACTUAL participation.
people vs. Hernandez ruling: rebellion
cannot be complexed with ordinary
crimes done pursuant to it
people vs. Geronimo ruling: crimes done
for private purposes without political
motivation should be separately
punished
Enrile vs. Salazar ruling: upheld
Hernandez
Thus: Rebellion absorbs other crimes
committed in furtherance of rebellion.
Illegal possession of firearms in
furtherance of rebellion is absorbed by
the crime of rebellion. A private crime
may be committed during rebellion.
Rape, even if not in furtherance of
rebellion cannot be complexed with
rebellion.
Rebellion is a continuing crime along with
the crime of conspiracy or proposal to
commit rebellion.
If killing or 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).
If the leader is unknown, a person is
deemed a leader of rebellion if he: a.
directed the others, b. spoke for them,
c. signed receipts and other documents
issued in their name, and d. performed
similar acts on behalf of the rebels.
Diverting public funds is malversation
absorbed in rebellion.
Public officer must take active part, because
mere silence or omission is not
punishable as rebellion.
In rebellion, it is not a defense that the
accused never took the oath of
allegiance, or that they never recognized
the government.



ELEMENTS:
1. Offender is a person or persons belonging to
the military, or police or holding any public
office or employment,
2. Committed by means of swift attack,
accompanied by violence, intimidation,
threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the
Philippines
b. any military camp or installation
c. communication networks, public
utilities or other facilities needed for
the exercise and continued
possession of power
4. For the purpose of seizing or diminishing
state power.


PERSONS LIABLE:
1. Any person who leads or in any manner
directs or commands others to undertake
coup detat (leaders);
2. Any person in the government service who
participates or executes directions or
commands of others in undertaking coup
detat (participants from government);
3. Any person not in the government service
who participates, or in any manner, supports,
finances, abets, or aids in undertaking a coup
detat (participants not from government);
and
4. Any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels (deemed leader if leader is unknown)




ART. 134 A. COUP D ETAT
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TREASON (114) REBELLION (134) COUP DETAT (134-A) SEDITION (139)
Nature of
Crime
National Security Public Order Public Order Public Order
Overt acts
Levying war against the
govt;
OR
Adherence and giving
aid or comfort to
enemies
Public uprising
AND
Taking up arms against
the govt
Attack against authorities,
military camp, networks or
public utilities, or other facilities
for power
Rising publicly
and tumultuously
(more
than 3 men who are armed or
provided with
means of violence)

Purpose

Deliver the govt to the
enemy during war
Removing territory , or
body of armed forces, or
depriving the Chief
Executive or Legislature
Seizing or diminishing state
power.
See enumeration in article.
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WHO ARE LIABLE AND PENALTIES:

REBELLION:
1. Leaders reclusion perpetua
2. Participants reclusion temporal
3. Deemed leader reclusion perpetua

COUP DETAT:
1. Leaders reclusion perpetua
2. Participants (govt) reclusion temporal
3. Participants (not govt) prision mayor
4. Deemed leader reclusion perpetua






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

ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly
and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other
person/s.

PROPOSAL TO
COMMIT
REBELLION
INCITING TO
REBELLION
In both, the offender induces another to
commit rebellion
In both, the crime of rebellion should not be
committed by the persons to whom it is
proposed or who are incited.
If they commit rebellion because of the
proposal or inciting, the proponent or the one
inciting may become a principal by inducement
in the crime of rebellion.
The person who
proposes has decided
to commit rebellion.
It is not required that
the offender has
decided to commit
rebellion.
The person who
proposes the
execution of the crime
uses secret means.
The act of inciting is
done publicly.

NOTES:
Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
organization show conspiracy to overthrow
the government.
The mere fact of giving and rendering
speeches favoring Communism would not
make the accused guilty of conspiracy if
there is no evidence that the hearers then
and there agreed to rise up in arms
against the government.
The advocacy of Communism or
Communistic theory is not a criminal act
of conspiracy unless converted into
advocacy of action.
Only when the Communist advocates action and
actual uprising, war or otherwise, does he
become guilty of conspiracy to commit
rebellion. (People vs. Hernandez



ACTS PUNISHABLE:
1. Failing to resist rebellion by all the means
in their power; or
2. Continuing to discharge the duties of their
offices under the control of rebels; or
3. Accepting appointment to office under
rebels.

NOTES:
There must be actual rebellion for this crime
to be committed.
It must not be committed in conspiracy
with rebels or coup plotters for this crime
to be committed.
If position is accepted in order to protect the
people, not covered by this article.





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; and
3. That the inciting is done by means of
speeches, proclamations, writings, emblems,
banners or other representations tending to
the same end.
ART. 135. PENALTY FOR REBELLION,
INSURRECTION OR COUP D ETAT
ART. 137. DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES
ART. 138. INCITING TO REBELLION OR
INSURRECTION
ART. 136. CONSPIRACY AND PROPOSAL TO
COMMIT COUP D ETAT, REBELLION OR
INSURRECTION
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NOTES:
Inciting must have been intentionally
calculated to seduce others to rebellion.
In both proposal to commit rebellion and in
inciting to rebellion, rebellion should
not actually be committed by the
persons to whom it was proposed, or who
were incited. If they commit rebellion
because of the proposal or incitement, the
proponent, or the one inciting may
become a principal by inducement in
the crime of rebellion.

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.





ELEMENTS:
1. That the offenders rise
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or other
means outside of legal methods; and
3. That the offenders employ any of those
means to attain any of the following objects:
a. to prevent the promulgation or
execution of any law or the holding of
any popular election;
b. to prevent the national government, or
any provincial or municipal
government, or any public officer
thereof from freely exercising its or his
functions, or prevent the execution of
any administrative order;
c. to inflict any act of hate or revenge
upon the person or property of any
public officer or employee;
d. to commit for any political or social
end, any act of hate or revenge
against private persons or any social
class; or
e. 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.

NOTES:
Sedition is the raising of commotions or
disturbances in the State. Its ultimate
object is a violation of the public peace or
at least such a course of measures as
evidently engenders it. (People vs.
Perez)
Tumultuous uprising means that it is
caused by more than 3 persons who
are armed or provided w/ means of
violence.
In sedition, offender may be a private or
public person.
Common crimes are not absorbed in
sedition. (People v. Umali)
Preventing election through legal means is
NOT sedition.
If the purpose of the offenders is to attain
the objects of rebellion or sedition by
force or violence, but there is no
public uprising, the crime committed is
direct assault.
There is conspiracy to commit sedition (Art.
141) but no proposal to commit sedition.


PERSONS LIABLE:
1. leader of the sedition, and
2. other persons participating in the sedition.




NOTE: There must be an agreement and a decision
to rise publicly and tumultuously to attain any of the
objects of sedition in order to constitute crime of
conspiracy to commit sedition.



ACTS 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;
ART. 139. SEDITION
ART. 141. CONSPIRACY TO COMMIT
SEDITION
ART. 140. PENALTY FOR SEDITION
ART. 142. INCITING TO SEDITION
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3. 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; or
4. Knowingly concealing such evil practices.


ELEMENTS of ACT 1:
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;
and
3. That the inciting is done by means of
speeches, proclamations, writing, emblems,
cartoons, banners, or other representations
tending to the same end.

UTTERING AND WRITING PUNISHABLE:
1. when they tend to disturb or obstruct any
public officer in executing the functions of his
office; or
2. when they tend to instigate others to cabal
and meet together for unlawful purposes; or
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.


3 RULES RELATIVE TO SEDITOUS WORDS:
1. Dangerous Tendency rule
2. Clear and Present Danger rule
3. Balance of Interests rule


Chapter Two - CRIMES AGAINST
POPULAR REPRESENTATION







ELEMENTS:
1. A projected or actual meeting of Congress or
any of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board
or city or municipal council or board; and
2. That the offender who may be any person
prevents such meeting by force or fraud.

NOTE: 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.

ELEMENTS:
1. An actual 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; and
2. That the offender does any of the following
acts
a. he disturbs any of such meetings
b. 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.

NOTE: Complaint must be filed by member of the
Legislative body. Accused may also be punished for
contempt by the legislative body.


ACTS PUNISHABLE:
1. By using force, intimidation, threats, or
fraud to prevent any member of Congress
from attending the meeting of the assembly
or any of its committees, constitutional
commissions or committees or divisions
thereof, or from expressing his opinions or
casting his vote.

ELEMENTS:
1. Offender uses force, intimidation,
threat or fraud
2. Purpose is to prevent any member of
Congress from:
a. Attending the said meetings;
b. Expressing his opinions; or
c. Casting his vote.

2. 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
ART. 143. ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND SIMILAR
BODIES
ART. 144. DISTURBANCE OF
PROCEEDINGS
ARTICLE 145. VIOLATION OF
PARLIAMENTARY IMMUNITY.
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under the code by a penalty higher than
prision mayor.

ELEMENTS:
1. Offender is a public officer or
employee;
2. He arrests or searches any member
of Congress
3. Congress, at the time of arrest or
search is in regular or special
session
4. member arrested o searched hasnt
committed a crime by a penalty
prision mayor or higher.

NOTES:
Parliamentary immunity does not mean
exemption from criminal liability, except
from a crime that may arise from any speech
that the member of Congress may deliver on
the floor during regular or special session.
To be consistent with the 1987 Constitution,
the phrase by a penalty higher than prision
mayor in Art. 145 should be amended to
read by the penalty of prision mayor or
higher.



Chapter Three - ILLEGAL ASSEMBLIES
AND ASSOCIATIONS





2 TYPES OF ILLEGAL ASSEMBLIES:
1. Meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Revised Penal Code;
REQUISITES:
1. Theres a meeting gather or group
of persons whether fixed or moving;
2. Meeting is attended by armed
persons; and
3. The purpose of meeting is to commit
any of the crimes punishable under
RPC

2. A meeting in w/c the audience is incited to
the commission of the crimes of treason,
rebellion or insurrection, sedition or
assault upon a person in authority or his
agent.

REQUISITES:
1. Theres a meeting gather or group
of persons whether fixed 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.

WHEN A PERSON CARRIES UNLICENSED
FIREARM IN THE 1
st
ASSEMBLY:
1. Presumed that the purpose of meeting is to
commit any crime under RPC
2. Presumed that the one in possession of
unlicensed firearm is the leader or organizer
of the meeting

NOTES:
Not all the persons present at the meeting of
the first form of illegal assembly need to be
armed.
Persons liable for illegal assembly:
the organizers or leaders of the meeting
persons merely present at the meeting
(except when presence is out of curiosity
not liable)
Presumptions if person present at the meeting
carries an unlicensed firearm:
purpose of the meeting is to commit acts
punishable under the RPC
considered as leader or organizer of the
meeting




2 KINDS OF ILLEGAL ASSOCIATIONS:
1. Organizations totally or partially organized for
the purpose of committing any of the
crimes in RPC; or
2. For some purpose contrary to public
morals.

PERSONS LIABLE:
1. founders, directors and president of the
association; and
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
No need for such
ART. 146. ILLEGAL ASSEMBLIES
ARTICLE 147. ILLEGAL ASSOCIATIONS
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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.
It is the meeting and the
attendance at such that are
punished
Act of forming or
organizing and
membership in the
association is
punished
Persons liable: leaders and
those present
Founders,
directors, president
and members


Chapter Four - ASSAULT, RESISTANCE
AND DISOBEDIENCE



2 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 (first form)

ELEMENTS:
1. Offender employs force or
intimidation;
2. Aim of offender is to attain any of the
purposes of the crime of rebellion
and sedition; and
3. That there is no public uprising.

2. Without public uprising, by attacking, by
employing force or by seriously
intimidating or by seriously resisting any
person in authority o any of his agents, while
engaged in the performance of official duties,
or on the occasion of such performance.
(second form).

ELEMENTS:
1. Offender (a) makes an attack, (b)
employs force, (c) makes a serious
intimidation, or (d) makes a serious
resistance;
2. Person assaulted is a person in
authority or his agent;
3. 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
b. is assaulted 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 (with intention
to offend, injure or assault); and
5. No public uprising.

FORCE
EMPLOYED
INTIMIDATION/
RESISTANCE
Person in
Authority
Need not be
serious
Serious
Agent Must be of
serious
character
Serious

NOTES:
General Rule: Direct assault is always complexed
with the material consequence of the act (Ex. direct
assault with murder).
Exception: If resulting in a light felony, the
consequent crime is absorbed.

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).
A person in authority is 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. Examples: A barangay captain,
a Division Superintendent of Schools,
President of Sanitary Division and a teacher.
An 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. Examples: Barrio councilman and
any person who comes to the aid of the
person in authority, policeman, municipal
ART. 148. DIRECT ASSAULT
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treasurer, postmaster, sheriff, agents of the
BIR, Malacaang confidential agent.
Even when the person in authority or the
agent agrees to fight, direct assault is still
committed.
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 ones 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.
Direct assault cannot be committed during
rebellion.
Direct assault may be committed upon a
private person who comes to the aid of a
person in authority since he is then
considered an agent of a person in authority.

QUALIFYING CIRCUMSTANCES:
1. when the assault is committed with a
weapon;
2. when the offender is a public officer or
employee; or
3. when the offender lays hand upon a person
in authority


ELEMENTS:
1. The direct assault is committed against an
agent of a person in authority;
2. That the offended party comes to the aid of
such agent of a person in authority; and
3. That the offender makes use of force or
intimidation upon the said offended party.

NOTES:
Indirect assault can be committed only
when a direct assault is also being
committed.
To be indirect assault, the person who
should be aided is the agent and not
the person in authority. In the latter
case, it is already direct assault.
According to Art 152: The person
coming to the aid of the person in
authority is considered an agent and an
attack on the latter is already direct
assault.


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 a
legislative 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 a summons or
refusal to be sworn.


ELEMENTS RESISTANCE & SERIOUS
DISOBEDIENCE (par. 1):
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; and
3. That the act of the offender is not included in
the provisions of arts. 148, 149 and 150.

ELEMENTS SIMPLE DISOBEDIENCE (par. 2)
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; and
3. That such disobedience is not of a serious
nature.




ARTICLE 149. INDIRECT ASSAULT
ARTICLE 150. DISOBEDIENCE TO SUMMONS
ISSUED BY THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS
ARTICLE 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN AUTHORITY
OR THE AGENTS OF SUCH PERSON
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NOTES:
While being arrested and theres serious
resistance, person resisting must know that
the one arresting him is an officer
Picketing (economic coercion) must be lawful
otherwise police can disperse them
Disobedience in 2
nd
par. must not be serious.
Otherwise it will fall under the 1
st
par.
Resistance mustnt be serious otherwise its
direct assault.


DIRECT ASSAULT
(148)
RESISTANCE &
DISOBEDIENCE TO A
PERSON IN AUTHORITY
(PIA) OR AGENTS OF
SUCH PERSON (151)
PIA or his agent
must be engaged in
the performance of
official duties or that
he is assaulted by
reason thereof
PIA or his agent must be
in the
actual performance
of his duties.
Direct assault is
committed in 4
ways by attacking,
employing force,
seriously
intimidating, 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.
Simple disobedience
force against an agent of
a PIA is not so serious;
No manifest intention to
defy the law & officers
enforcing it.

PERSON 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. They include:
a. Barangay captain
b. Barangay chairman

For the purposes of Art. 148 and 151:
a. Teachers
b. Professors
c. Persons charged with the supervision of
public or duly recognized private schools,
colleges and universities
d. 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. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons
in authority
Notes:
Section 388 of the Local Govt. 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.
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.
It seems that teachers, professors, lawyers
etc could be considered as persons in
authority not only for Arts. 148 and 151
but also for Art 149 (L.B. Reyes)


Chapter Five - PUBLIC DISORDERS




TUMULTS AND OTHER DISTURBANCES:
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
ARTICLE 152. PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY WHO
SHALL BE DEEMED AS SUCH
ARTICLE 153. TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER
TUMULTUOUS DISTURBANCE OR
INTERRUPTION LIABLE TO CAUSE
DISTURBANCE
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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.


NOTES:
If the act of disturbing or interrupting a
meeting or religious ceremony is not
committed by public officers, or if
committed by public officers who are
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, it is inciting to rebellion or
sedition.
Qualifying circumstance if it is
TUMULTUOUS



ACTS PUNISHABLE:
Publishing or causing to be published, by
means of printing, lithography or any other
means of publication as news any false
news that may endanger the public order,
or cause damage to the interest or credit
of the State.
1. 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.
2. Maliciously publishing or causing to be
published any official resolution or
document without proper authority, or
before they have been published
officially.
3. Printing, publishing or distributing or
(causing the same) books, pamphlets,
periodicals or leaflets which do not bear the
real printers name, or which are
classified as anonymous.




ACTS PUNISHABLE:
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).

NOTES:
Charivari is a 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 of firearm
(Art. 254).
What governs is the result, not the intent of
the offender.




ELEMENTS:
1. That there is a person confined in a jail or
penal establishment;
2. That the offender removes therefrom such
person, or helps the escape of such person.

NOTES:
Prisoner may be detention prisoner or one
sentenced by virtue of a final judgment.
Escapee, if already serving final judgment,
will in turn be held liable for evasion of
sentence (Art. 157).
TUMULTUOUS - caused by more than 3
persons who are armed or provided with
means of violence.
ARTICLE 156. DELIVERING PRISONERS
ARTICLE 154. UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
ARTICLE 155. ALARMS AND SCANDALS
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If merely detention prisoner he is not
criminally liable.
The offender is an outsider to the jail. If the
offender is a public officer or a private
person who has custody of the prisoner
and who helps a prisoner under his custody,
Arts. 223 (infidelity in the custody of a
prisoner) and 225 (escape of prisoner under
custody of private person) will apply,
respectively.
This felony may also be committed through
imprudence or negligence.
Circumstance qualifying: use of violence,
intimidation or bribery.
Mitigating circumstance: if it takes place
outside the penal establishment by taking
the guards by surprise.


Chapter Six EVASION OF SENTENCE OR
SERVICE


ART 157. EVASION OF SERVICE OF SENTENCE
ELEMENTS:
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); and
3. That he evades the service of his sentence
by escaping during the term of his sentence.

NOTES:
This is a continuing offense.
This article does not apply to minor
delinquents, detention prisoners, or
deportees.
If the offender escaped within the 15-day
appeal period, crime is not evasion
because judgment is not yet final.
Circumstances qualifying the offense:
Evasion of sentence was done through:
unlawful entry (by scaling);
breaking doors, windows, gates, walls, roofs or
floors;
using picklocks, false keys, disguise, deceit,
violence or intimidation; or
connivance with other convicts or employees of
the penal institution.








ELEMENTS:
1. That the offender is a convict by final
judgment who is confined in a penal
institution.
2. That there is disorder, resulting from:
a. conflagration,
b. earthquake,
c. explosion,
d. similar catastrophe, or
e. mutiny in which he has not
participated;
3. 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; and
4. That the offender fails to give himself up to
the authorities within 48 hours following
the issuance of a proclamation by the
Chief Executive announcing the passing
away of such calamity.

NOTES:
Penalty of commission of this felony is an
increase by 1/5 of the time remaining to
be served under the original sentence, in
no case to exceed 6 months.
The special allowance for loyalty (i.e.
deduction of sentence) authorized by
Articles 98 and 158(2
nd
paragraph) refers
to those convicts, who having evaded the
service of their sentences by leaving the
penal institution, give themselves up
within 48 hours.
A mutiny is an organized unlawful resistance
to a superior officer, a sedition, or a revolt.
Disarming the guards is not mutiny.




ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon
by the chief executive; and
3. That he violated any of the conditions of
such pardon.

TWO PENALTIES:
1. prision correccional in its minimum period if
the penalty remitted does not exceed 6
years.
ARTICLE 158. EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
ARTICLE 159. OTHER CASES OF EVASION OF
SERVICE OF SENTENCE
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2. the unexpired portion of his original
sentence if the penalty remitted is higher
than 6 years.

NOTES:
Offender must have been found guilty of the
subsequent offense (through w/c he
violated his conditional pardon) before he
can be prosecuted under this Article. But
under the Revised Admin. Code, no
conviction is necessary. President has
the power to arrest, and reincarcerate
offender without trial.
When the penalty remitted is destierro, under
no circumstance may the penalty for the
violation of conditional pardon be destierro.


Chapter Seven COMMISSION OF
ANOTHER CRIME




ART. 160. COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED FOR
ANTOHER PREVIOUS OFFENSE - PENALTY


NOTE: this article provides for quasi-recidivism

ELEMENTS:
1. That the offender was already convicted by
final judgment of one offense; and
2. That he committed a new felony before
beginning to serve such sentence or
while serving the same.

NOTES:
Quasi-recidivism is a special aggravating
circumstance where a person, after having
been convicted by final judgment, shall
commit a new felony before beginning to
serve such sentence, or while serving the
same.
Second crime must belong to the RPC, not
special laws. First crime may be either
from the RPC or special laws.
The aggravating circumstance of
reiteracion, on the other hand, requires that
the offender shall have served out his
sentence for the prior offense.
General Rule: A quasi-recidivist may be
pardoned at age 70 Exception: Unworthy,
or habitual delinquent
If new felony is evasion of sentence,
offender is not a quasi-recidivist.
The penalty: maximum period of the
penalty for the new felony should be
imposed. Mitigating circumstance can only
be appreciated if the maximum penalty is
divisible.
Quasi-Recidivism may be offset by a
special privileged mitigating circumstance.
(Ex. Minority)


TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST




Chapter One Forgeries


ACTS PUNISHABLE:
1. Forging the great seal of the Government;
2. Forging the signature of the President; or
3. Forging the stamp of the President.

NOTE: When the signature of the President is forged,
it is not falsification but forging of signature under this
article.



ELEMENTS:
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; and
3. That he used the counterfeit seal or forged
signature or stamp.
ARTICLE 161. COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT OF THE
PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
ARTICLE 162. USING FORGED SIGNATURE
OR COUNTERFEIT SEAL OR STAMP
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NOTE: Offender is NOT the forger or the cause of
the counterfeiting



ELEMENTS:
1. That there be false or counterfeited coins
(need not be legal tender);
2. That the offender either made, imported or
uttered such coins; and
3. That, in case of uttering such false or
counterfeited coins, he connives with
counterfeiters or importers.

NOTES:
A coin is counterfeit, if it is forged, or if it is not
authorized by the government as legal
tender, regardless if it is of intrinsic value.
Counterfeiting is the imitation of legal or
genuine coin such as to deceive an ordinary
person in believing it to be genuine.
To utter is to pass counterfeited coins, deliver
or give away.
To import is to bring them into port.
Importation is complete even before entry at
the Customs House.
This article also applies to Philippine coins,
foreign state coins, and coins withdrawn
from circulation. This does not require that
the coins counterfeited be legal tender.






This has been repealed by PD 247.

ACTS PUNISHABLE (PD 247):
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins

NOTES:
Mutilation is to take off part of the metal
either by filing it or substituting it for
another metal of inferior quality, to
diminish by ingenious means the
metal in the coin.
Foreign notes and coins not included
under this article. Mutilation must be of
Philippine legal tender.
There must be intention to mutilate






ACTS PUNISHABLE:
1. Possession of a 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

2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.

ELEMENTS:
1. actually uttering, and
2. knowledge

NOTES:
Possession or uttering does not require that
coins be legal tender.
Crime under this article includes constructive
possession or the subjection of the thing to
ones control.
R.A. 427 punishes possession of silver or
nickel coins in excess of P50.00. It is a
measure of national policy to protect the
people from the conspiracy of those hoarding
silver or nickel coins and to preserve and
maintain the economy.








ACTS PUNISHABLE:
1. Forging or falsification of treasury or bank
notes or documents payable to bearer;
2. Importing of such notes; or
3. Uttering of such false or forged obligations
and notes in connivance with forgers and
importers.


ARTICLE 163. MAKING AND IMPORTING AND
UTTERING FALSE COINS
ARTICLE 164. MUTILATION OF COINS
IMPORTATION AND UTTERANCE OF
MUTILATED COINS
ARTICLE 165. SELLING OF FALSE OR
MUTILATED COIN, WITHOUT CONNIVANCE
ARTICLE 166. FORGING TREASURY OR BANK
NOTES, OBLIGATIONS AND SECURITIES;
IMPORTING AND UTTERING FALSE OR
FORGED NOTES, OBLIGATIONS AND
SECURITIES
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NOTES:
Forging is committed by giving a treasury or
bank note or document payable to bearer
or order an appearance of a true and
genuine document.
Falsification is committed by erasing,
substituting, counterfeiting or altering by
any means the figures and letters, words,
signs contained therein. Example:
falsifying lotto or sweepstakes ticket
constitutes the complex crime of
attempted estafa through falsification of a
government security.
Forging PNB checks is not included
under this article. That is falsification
of commercial document under Article
172.
Obligation or security includes bonds,
certificate of indebtedness, bills, national
bank notes, coupons, treasury notes,
certificates of deposit, checks, drafts for
money, and sweepstakes money.







ELEMENTS:
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; and
3. That in case of uttering, he connived with
the forger or importer.
Elements:
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; and
3. That he performs any of these acts:
a. using any of such forged or falsified
instruments, or
b. possessing with intent to use any of
such forged or falsified instruments.

The act sought to be punished is knowingly
possessing with intent to use any of such forged
treasury or bank notes.
The accused has the burden to give a
satisfactory explanation of his possession of
forged bills. Mere possession of false money bill,
without intent to use it to the damage of another,
is not a crime.





HOW FORGERY IS COMMITTED:
a. 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;
b. by erasing, substituting, counterfeiting,
altering by any means the figures, letters or
words, or signs contained therein.

If all acts are done but genuine appearance is
not given, the crime is frustrated.
P.D. No. 247 punishes the willful defacement,
mutilation, tearing, burning, or destruction in any
manner of currency notes or coins issued by the
Central Bank of the Philippines.



ELEMENTS:
1. That there be a bill, resolution, or
ordinance enacted or approved or pending
approval by Congress or any provincial board
or municipal council;
2. That the offender (any person) alters the
same;
3. That he has no proper authority therefor;
and
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.
There can be no falsification through reckless
imprudence as that will be inconsistent with the
element of intent to cause damage in said crime.

ARTICLE 169. HOW FORGERY IS COMMITTED
ARTICLE 170. FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ARTICLE 167. COUNTERFEITING, IMPORTING,
AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER
ARTICLE 168. ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR BANK NOTES
AND OTHER INSTRUMENTS OF CREDIT
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ELEMENTS:
1. That the offender is a public officer, employee,
or notary public.
2. That he takes advantage of his official
position.
a. He has the duty to make or to prepare or
otherwise to intervene in the preparation of
the document; or
b. He has the official custody of the document
which he falsifies
3. That he falsifies a document by committing any
of the following acts:
a. Counterfeiting or imitating any handwriting,
signature or rubric.
b. Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate
c. Attributing to persons who have participated
in an act or proceeding statements other than
those in fact made by them.
d. Making untruthful statements in a narration of
facts.
e. Altering true dates.
f. Making any alteration or intercalation in a
genuine document which changes its
meaning.
g. Issuing in 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.
h. Intercalating any instrument or note relative
to the issuance thereof in a protocol, registry
or official book.
4. 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.

PERSONS WHO MAY BE HELD LIABLE
1. Public officer, employee, or notary public
who takes advantage of his official position
2. Ecclesiastical minister if the act of
falsification may affect the civil status of
persons
3. Private individual, if in conspiracy with
public officer

ACTS OF FALSIFICATION
a. Counterfeiting or imitating any
handwriting, signature or rubric.

COUNTERFEITING
ELEMENTS:
1) That there be an intent to imitate, or
an attempt to imitate; and
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.

b. Causing it to appear that persons have
participated in an act or a proceeding
1. That the offender caused it to appear
in a document that a person or
persons participated in an act or a
proceeding
2. That such person did not in fact
participate in the act or proceeding

c. Attributing to persons who have
participated in any act or proceeding
statements other than those in fact made
by them.
1. That a person or persons
participated in an act or a proceeding
2. That such person or persons made
statements in that act or proceeding;
and
3. That the offender, in making a
document, attributed to such person
or persons statements other than
those in fact made by such person or
persons

d. Making untruthful statements in a
narration of facts.

ELEMENTS:
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
3. That the facts narrated by the
offender are absolutely false;
ARTICLE 171. FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
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4. That the perversion of 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. Narration must be on a
material matter.
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.
Legal obligation means that there is a law
requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates

Enemecio v. Office of the Ombudsman, GR
146731, 1/13/04
As the Ombudsman correctly pointed out,
Enemecio failed to point to any law imposing upon
Bernante the legal obligation to disclose where he
was going to spend his leave of absence. Legal
obligation means that there is a law requiring the
disclosure of the truth of the facts narrated. Bernante
may not be convicted of the crime of falsification of
public document by making false statements in a
narration of facts absent any legal obligation to
disclose where he would spend his vacation leave
and forced leave.

e. Altering true dates.
Date must be essential
Alteration mujst affect veracity of document
or effects

f. Making any alteration or intercalation in a
genuine document which changes its
meaning.

ELEMENTS:
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 or intercalation has
changed the meaning of a document
4. That the change made the document
speak something false

g. 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

h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official
book.
This involves a genuine document
There is no crime of attempted or
frustrated falsification of public document.
If offender does not take advantage of his
public position, he may still be liable for
falsification of documents by a private
person under Art. 172.
It is not necessary that what is falsified is a
genuine or real document. It is enough that it
gives an appearance of a genuine article.


DOCUMENT - any written statement by which a right
is established or an obligation is extinguished

COUNTERFEITING intent or attempt to imitate

FEIGNING - to represent by false appearance when
no original exists







ELEMENTS OF FALSIFICATION OF PUBLIC,
OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1):
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;
3. That the falsification was committed in any
public or official or commercial document.

Under this paragraph, damage is not essential,
it is presumed.
Lack of malice or criminal intent may be put up
as a defense under this article.
The following writings are public:
a. written official acts or records of acts of the
sovereign authority, official bodies and
tribunals, and of the public officers,
legislative, judicial and executive, whether
of the Philippines or of a foreign country;
b. Documents acknowledged before notary
public except last wills and testaments;
ARTICLE 172. FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF FALSIFIED
INSTRUMENTS
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c. Public records, kept in the Philippines, of
private documents required by law to be
entered therein.
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.
Issuing in authenticated form a document(art.
171(7)) 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 - can
be committed only by a public officer or notary
public who takes advantage of his official position
since the authentication can be made only by the
custodian or the one who prepared and retained
a copy of the original document
ELEMENTS OF FALSIFICATION OF PRIVATE
DOCUMENT:
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; and
3. That the falsification caused damage to a
third party or at least the falsification was
committed with intent to cause such
damage
.
It is not necessary that the offender profited
or hoped to profit
A document falsified as a necessary means to
commit another crime (complex crime) must be
public, official or commercial. Hence, 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.
There is no falsification through reckless
imprudence if the document is private and no
actual damage is caused.
If the estafa was already consummated at the
time the falsification of a private document
was committed for the purpose of concealing
the estafa, the falsification is not punishable.
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 the falsification took place before the
private document became part of the public
records.


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

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.

Use in any other transaction
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 of subdivision nos. 1 and 2
of art. 172.
3. That he used such documents (not in judicial
proceedings).
4. That the use of the documents caused
damage to another or at least was used
with intent to cause such damage.

The user of the falsified document is deemed the
author of the falsification, if:
1. The use was so closely connected in time
with the falsification, and
2. The user had the capacity of falsifying the
document.

FALSIFICATION OF
PRIVATE
DOCUMENTS
FALSIFICATION OF
PUBLIC/
OFFICIAL DOCUMENTS
Damage to third party
is an element of the
offense.
Damage to third persons is
immaterial;
what is punished is the
violation of public faith and
perversion of truth which the
document proclaims.




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ACTS PUNISHABLE:
1. Uttering fictitious, wireless, telegraph or
telephone message or falsifying message.

ELEMENTS:
a. 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; and
b. 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
A private individual may be a principal by
inducement but not direct participation

2. Using such falsified message.

ELEMENTS:
a. 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;
b. That the accused used such falsified
dispatch; and
c. 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.
Act No. 1851, Sec. 4, punishes private
individuals who forge or alter telegram.






PERSONS LIABLE:
1. Physician or surgeon who, in connection
with the practice of his profession, issued a
false certificate which refers 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. Ex. Certificate of residence
3. Private individual who falsified a certificate
under (1) and (2).

CERTIFICATE - any writing by which testimony is
given that a fact has or has not taken place
ELEMENTS:
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; and
3. That he used the same.

When any of false certificates mentioned in
Article 174 is used in judicial proceedings, Article
172 does not apply because it is limited only to
those false documents embraced in Articles 171
and 172.





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.

NOTES:
The implements confiscated need not form
a complete set. It is enough that they may
be employed by themselves or together with
other implements to commit the crime of
counterfeiting or falsification.
Constructive possession is also punished.
Article 165 and 176 of the Revised Penal
Code, also punish constructive possession.

ARTICLE 173. FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES
ARTICLE 174. FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATES OF
MERIT OR SERVICE, ETC
ARTICLE 176. MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
ARTICLE 175. USING FALSE
CERTIFICATES
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ACTS PUNISHABLE:
1. Usurpation of authority: By knowingly and
falsely representing oneself to be an
officer, agent or representative of any
department or agency of the Philippine or
any foreign government
2. Usurpation of official functions: By
performing an act pertaining to any
person in authority or public officer of the
Philippines or foreign government under the
pretense of such official position, and
without being lawfully entitled to do so.

NOTES:
In usurpation of authority, the mere act of
knowingly and falsely representing
oneself is sufficient. It is not necessary that
he performs an act pertaining to a public
officer.
There must be positive, express and explicit
representation and not merely a failure to
deny. Representation may be shown by acts.
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.
Note: the usurpation must pertain to a
department or agency of the Philippine
Government or any foreign government.
Sec. 1 RA 75 punishes any person who shall
falsely assume and take upon himself to act
as a diplomatic, consular, or any other official
of a foreign government duly accredited as
such to the Government of the Republic of
the Philippines with intent to defraud such
foreign government or the Government of the
Philippines; in addition to penalties imposed
in RPC, the offender shall be fined not more
than P5,000 or shall be imprisoned for not
more than 5 years or both.
If it can be proven that the usurpation of
authority or official functions by accused was
done in good faith or under cloth of authority,
then the charge of usurpation will not apply.
Ex. See Estrada v. Desierto

Estrada v. Desierto, GR 156160, 12/9/04
Hefti was charged with Usurpation of Official Function
for issuing a notice of distraint, a function of the BIR
Commissioner. While it is true that under Sec. 206 of
the NIRC as amended, the Commissioner of the BIR
and not any Officer of the BIR was the one granted
with the power to issue a notice of distraint, it bears
to stress, however, that when respondent Hefti
exercised such function of the BIR Commissioner,
she was then designated Officer-In-Charge of the
BIR by President Gloria Macapagal-Arroyo, as
evidenced by a photocopy of her Memorandum of
Appointment dated January 23, 2001. xxx Suffice it
to say that when respondent Hefti issued the notice
of distraint, she was clothed with authority to issue
the same in view of her appointment as the then
Officer-In-Charge of the BIR. Hence, the charge for
Usurpation of Official Function does not apply to said
respondent.





ELEMENTS OF 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
a. To conceal a crime,
b. To evade the execution of a judgment, or
c. To cause damage to public interest.
Ex. Signing fictitious name for a passport

ELEMENTS OF CONCEALING TRUE NAME:
1. That the offender conceals
a. his true name, and
b. all other personal circumstances;
and
2. 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
judgment, or to cause damage
to public interest
Purpose is only
to conceal
identity


Chapter Two OTHER FALSITIES

ARTICLE 177. USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
ARTICLE 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
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C.A. NO. 142 (Anti-Alias Law)

PERSONS LIABLE:

1. Any person who uses any name different from
the one w/ w/c he was registered at birth in the
office of the local civil registry, or w/ w/c he was
registered in the bureau of immigration upon
entry, or such substitute name as may have been
authorized by a competent court. Exempted from
criminal liability are persons who use another
name as a pseudonym solely for literary,
cinema, television, radio, or other entertainment
purposes and in athletic events; and
2. Any person who having been baptized with a
name different from what was registered, or who
had obtained judicial authority for use of an alias,
or who uses a pseudonym, represents himself
in any public or private document w/o stating
or affixing his real or original name or aliases
or pseudonym he is authorized to use.

NOTES:
A judicial authority must be first secured by a
person who desires to use an alias.
However, a common-law wife does not incur
criminal liability under the Anti-Alias Law if she
uses the surname of the man she has been living
w/ for the past 20 years and has been introducing
herself to the public as his wife.



ELEMENTS:
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; and
3. That said insignia, uniform or dress is used
publicly and improperly.

NOTES:
An exact imitation of the dress or uniform is
unnecessary; a colorable resemblance
calculated to deceive is sufficient
The term improperly means that the offender
has no right to use the uniform or insignia.
Wearing the uniform of an imaginary office, not
punishable
Using naval, military, police or other official
uniform, decoration or regalia of foreign State
with intent to deceive or mislead is punished
by RA 75 by a fine not exceeding P200 or
imprisonment not exceeding 6 months, or
both
Wearing insignia, badge or emblem of rank of
the members of the Armed Forces of the
Philippine or Constabulary is punished by RA
493 by a fine of not less than P100 and not
exceeding P2,000 or by imprisonment for not
less than one month or not exceeding two
years, or both, except if used in playhouse or
theater or in moving picture films


ELEMENTS:
1. That there be a Criminal proceeding;
2. Offender testifies falsely under oath
against the defendant therein;
3. Offender knows that it is false; and
4. The defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment.

FALSE TESTIMONY - committed by a person who,
being under oath and required to testify as to the
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say
something contrary to it

NOTES:
Violation of this article requires criminal intent.
Hence, it cannot be committed through
negligence.
The offender need not impute guilt upon the
accused to be liable.
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 depends upon sentence imposed
on the defendant except in the case of a
judgement of acquittal. Since Art. 180 does
not prescribe the penalty where the
defendant in a criminal case is sentenced to
a light penalty, false testimony in this
ARTICLE 180. FALSE TESTIMONY AGAINST A
DEFENDANT
ARTICLE 179. ILLEGAL USE OF UNIFORMS
OR INSIGNIA
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instance cannot be punished considering
that a penal must be strictly construed.





NOTES:
False testimony by negative statement is still in
favor of the defendant.
False testimony in favor of defendant need not
directly influence the decision of acquittal nor
benefit the defendant(intent to favor
defendant sufficient)
A statement of mere opinion is not
punishable.
Conviction or acquittal is not necessary (final
judgment is not necessary), but gravity of
crime in principal case should be shown
A defendant who voluntarily goes up on the
witness stand and falsely imputes 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.
Rectification made spontaneously after
realizing mistake is not false testimony (Not
liable if there is no evidence that accused
acted with malice or criminal intent to testify
falsely)
The penalty in this article is less than that
which is provided in the preceding article
because there is no danger to life or liberty of
the defendant.


ARTICLE 181. FALSE TESTIMONY IN CIVIL
CASES
ELEMENTS:
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;
and
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in the said case.

This article is not applicable when testimony is
given in a special proceeding. In this case, the
crime is perjury.
Basis of penalty: amount involved in the civil
case.




ELEMENTS:
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.

Two (2) Ways Of Committing Perjury:
a. by falsely testifying under oath
b. by making a false statement

NOTES:
Subornation of perjury is committed if a
person procures another to swear falsely
and the witness suborned does testify under
circumstances rendering him guilty of perjury.
This is now treated as plain perjury, the one
inducing another as principal by inducement
and the one induced as principal by direct
participation.
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.
ARTICLE 181. FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
ARTICLE 183. FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION
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False testimony before the justice of the
peace during a preliminary investigation may
give rise to the crime of perjury, not false
testimony in judicial proceedings. The latter
crime contemplates an actual trial where a
judgment of conviction or acquittal is
rendered.


ART. 184. OFFERING FALSE TESTIMONY IN
EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false
witness or false testimony;
2. That he knew the witness or the testimony
was false; and
3. That the offer was made in a judicial or
official proceeding.

NOTES:
This 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 felony is consummated the moment a
false witness is offered in any judicial or
official proceeding. Looking for a false
witness is not punished by law as that is not
offering a false witness.
The false witness need not be convicted of
false testimony. A mere offer to present him
is sufficient.



Chapter Three FRAUDS




ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTIONS:
1. That there be a public auction;
2. That the accused solicited any gift or a
promise from any of the bidders;
3. That such gifts or promise was the
consideration for his refraining from
taking part in that public auction; and
4. 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:
1. That there be a public auction;
2. That the accused attempted to cause the
bidders to stay away from that public
auction;
3. That it was done by threats, gifts,
promises, or any other artifice; and
4. That the accused had the intent to cause
the reduction of the price of the thing
auctioned.

NOTES:
The crime is consummated by the mere act of
soliciting a gift or promise for the purpose of
abstaining from taking part in any public
auction.
The threat need not be effective nor the offer or
gift accepted for the crime to arise.
Execution sales should be opened to free and
full competition in order to secure the
maximum benefit for the debtors.







ACTS PUNISHED:
1. Conspiracy or combination to prevent free
competition in the market
2. Monopoly to restrain free competition in the
market
3. 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 merchandise

NOTES:
Combination to prevent free competition in the
market - 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 to 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.
ARTICLE 185. MACHINATIONS IN PUBLIC
AUCTIONS
ARTICLE 186. MONOPOLIES AND
COMBINATIONS IN RESTRAINT OF TRADE
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Monopoly to restrain free competition in the
market - By monopolizing any merchandise or
object of trade or commerce, or 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

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.

Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager who willingly
permitted or failed to prevent
commission of above offense
When offense is committed by a corporation or
association, the president and directors or
managers are liable.
Mere conspiracy or combination is punished
Crime is aggravated if the items involved are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
RA 3720 - created Food and Drug Administration
RA 6361 - created Price Control Council
RA 1180 - an Act to regulate the Retail Business
A MONOPOLY is a privilege or peculiar
advantage vested in one or more persons or
companies, consisting in the exclusive right or
power to carry on a particular business or trade,
manufacture a particular article, or control the
sale or the whole supply of a particular
commodity. It is a form of market structure in
which one or only a few firms dominate the total
sales of a product or service. On the other hand,
a COMBINATION IN RESTRAINT OF TRADE is
an agreement or understanding between two or
more persons, in the form of a contract, trust,
pool, holding company, or other form of
association, for the purpose of unduly restricting
competition, monopolizing trade and commerce
in a certain commodity, controlling its production,
distribution and price, or otherwise interfering
with freedom of trade without statutory authority.
Combination in restraint of trade refers to the
means while monopoly refers to the end.








ELEMENTS:
1. That the offender imports, sells or disposes
of any article or merchandise made of gold,
silver or other precious metals;
2. That the stamps, brands, or marks of those
articles or merchandise fails to indicate the
actual fineness or quality of said metals or
alloys; and
3. That the offender knows that the said stamp,
brand, or mark fails to indicate the actual
fineness or quality of the metals or alloys.

When evidence show the article to be imported,
selling the misbranded articles is not necessary.
The manufacturer who alters the quality or
fineness is liable for estafa under Art. 315, 2(b)




ACTS PUNISHABLE:
1. 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.
2. By selling or by offering for sale such article
of commerce, knowing that the t/n or t/m has
been fraudulently used.
3. 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.
4. By printing, lithographing or reproducing
t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another
person to fraudulently use the same,
knowing the fraudulent purpose for which it is
to be used.

TRADE-NAME OR TRADE-MARK is a word or
words, name, title, symbol, emblem, sign or device,
or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for
ARTICLE 187. IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
ARTICLE 188. SUBSTITUTING AND ALTERING
TRADEMARKS, TRADENAMES, OR SERVICE
MARKS
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the purpose of enabling the public to distinguish the
business of the person who owns and uses said
trade-name or trade-mark

SERVICE MARK is a mark used in the sale or
advertising of services to identify the services of one
person and distinguish them from the services of
others and includes without limitation the marks,
names, symbols, titles, designations, slogans,
character names, and distinctive features of radio or
other advertising

NOTES:
The provisions of Articles 188 and 189 of the
Revised Penal Code which are inconsistent
with R. A. 8293 (Intellectual Property Code of
the Philippines) are repealed.
The tradename, trademark or service mark
need not be identical; a colorable imitation is
sufficient. There must not be differences which
are glaring and striking to the eye.
Mark means any visible sign capable of
distinguishing the goods or services of an
enterprise and shall include a stamped or
marked container.
Tradename: identify or distinguish an
enterprise; not necessarily attached or affixed
to the goods of the owner.
Trademarks: to indicate origin of ownership of
goods to which it is affixed
In trademarks, it is not necessary that the
goods of the prior user and the later user of the
trademark are of the same categories. The
meat of the matter is the likelihood of
confusion, mistake or deception upon
purchasers of the goods of the junior user of
the mark and goods manufactured by the
previous user.
The tradename or trademark must be
registered. Trademark must not be merely
descriptive or generic.
The exclusive right to an originally valid
trademark or tradename is lost, if for any
reason it loses its distinctiveness or has
become publici juris.


* Superseded by RA 8293, the Intellectual
Property Code, Jan. 1, 1998.
ACTS PUNISHED:
1. Unfair competition by selling his goods,
giving them the general appearance of the
goods of another manufacturer or dealer.
2. Fraudulent designation of origin 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.
3. Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.

ELEMENTS OF UNFAIR COMPETITION:
1. That the offender gives his goods the general
appearance of the goods of another
manufacturer or dealer;
2. That the general appearance is shown in the
(a) goods themselves, (b) wrapping of their
packages, (c) device or words therein, or in
(d) any other feature of their appearance;
3. 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; and
4. That there is actual intent to deceive the
public or defraud a competitor.

UNFAIR COMPETITION: consists in employing
deception or any other means contrary to good faith
by which any person shall pass off the goods
manufactured by him or in which he deals, or his
business, or services for those of the one having
established goodwill, or committing any acts
calculated to produce such result

Unfair Competition Infringement of
trademark or trade
name
Broader, more inclusive Limited range
Identified in the mind of
the public whether or not
a mark or trade name is
employed
Identified a peculiar
symbol or mark with his
goods and thereby has
acquired a property right
in such symbol or mark
Gives his goods the
general appearance of
the goods of another
Sells goods on which
trademark is affixed

ARTICLE 189. UNFAIR COMPETITION,
FRAUDULENT REGISTRATION OF TRADE
NAME, TRADEMARK, OR SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION
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TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS



Articles 190-194 of the Revised Penal Code are
repealed by Republic Act No. 6425 The Dangerous
Drugs Act of 1972 which took effect on March 30,
1972 (Sec. 42), as amended by PD No. 1683 and
further amended by RA No. 7659


THE DANGEROUS DRUGS ACT OF 2002
(R. A. NO. 9165, repealing R. A. NO. 6425 and
RPC provisions on crimes related to opium
and other prohibited drugs)

Policy
1. Campaign against Drugs and Protection of
State
2. Balance Medicinal Purpose
3. Rehabilitation

ACTS PUNISHABLE:
1. Importation of dangerous drugs (even for floral,
decorative and culinary purposes) and/or
controlled precursors and essential
chemicals

Qualifying circumstance:
a. If the importation was through the use of
a diplomatic passport, diplomatic facilities
or any other means involving the
offenders official status.
b. Organizes, manages or acts as a
financier
The protector or coddler is also liable.

2. Sale, administration, delivery, distribution and
transportation of dangerous drugs

Qualifying circumstances:
a. Within 100 meters from a school;
b. If minors/mentally incapacitated
individuals are used as runners,
couriers and messengers of drug
pushers;
c. If the victim of the offense is a minor, or
should a prohibited/regulated drug
involved in any offense under this section
be the proximate cause of the death of
a victim thereof
d. Organizes, manages or acts as financier

3. Maintenance of a den, dive, or resort where
any controlled precursor and essential chemical
is sold or used

Qualifying circumstances:
1. where a prohibited/regulated drug is
administered, delivered, or sold to a minor
who is allowed to use the same in such
place; or
2. should a prohibited drug be the proximate
cause of the death of the person using the
same in such den, dive or resort.
3. Organizes, manages or acts as financier

The protector or coddler is also liable.
If place owned by third person, the same
shall be confiscated and escheated in favor
of government IF
1. Complaint specifically allege that
such place used intentionally for
furtherance of crime
2. Prosecution proves intent on part of
owner
3. Owner included as accused in
criminal complaint

OPIUM DIVE OR RESORT: place where
dangerous drug and/or controlled precursor and
essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or
used in any form (To be habitual prior
conviction, reputation of place)

4. Being employees or visitors of drug den who
are aware of the nature of such place
For the employee who is aware of nature of
place and any person who knowingly visits
such place
A person who visited another who was
smoking opium shall not be liable if the place
is not an opium dive or resort

5. Manufacture of dangerous drugs and/or
controlled precursors and essential chemicals

Aggravating circumstance: Clandestine lab is
undertaken under the following circumstances:
1. Any phase conducted in presence or with
help of minors
2. Established/undertaken within 100m of
residential, business, church or school
premises
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3. Lab secured/protected by booby traps
4. Concealed with legitimate business
operations
5. Employment of practitioner, chemical
engineer, public official or foreigner
Qualifying circumstance: Organizes, manages
or acts as financier

Prima facie proof of manufacture: presence of
controlled precursor and essential chemical or
lab equipment in the clandestine lab

CLANDESTINE LABORATORY: Any facility
used for illegal manufacture of any dangerous
drug and or controlled precursor and essential
chemicals

6. Illegal chemical diversion of controlled
precursor and essential chemicals

CHEMICAL DIVERSION: sale, distribution,
transport of legitimately imported, in-transit,
manufactured or procured controlled precursors
or essential chemicals to any person or entity
engaged in manufacture of dangerous drug and
concealment of such transaction through fraud,
destruction of documents, fraudulent use of
permits, misdeclaration, use of front companies
or mail fraud

7. Manufacture or delivery of equipment,
instrument, apparatus, and other
paraphernalia for dangerous drugs and/or
controlled precursor and essential chemicals

Acts Punishable:
1. deliver
2. possess with intent to deliver
3. manufacture with intent to deliver the
paraphernalia, knowing, or under
circumstances where one reasonably
should know

Qualifying circumstance - use of a minor or a
mentally incapacitated individual to deliver
such equipment, instrument, apparatus or other
paraphernalia

8. Possession of dangerous drugs, regardless of
the degree of purity
Penalties are graduated to the amount of
drugs (the only violation where quantity
matters)
The kinds of drugs have different
respective amounts for the graduation of
penalties
Qualifying circumstance: Party, social
gathering, or in the proximate company
of at least 2 persons, regardless of
quantity
Possession: unauthorized, either actual
or constructive, irrespective of quantity,
with intent to possess(full knowledge
that what was possessed was any of
prohibited or regulated drug)

Elements of possession of opium: (RA 6425)
1. occupancy or taking
2. intent to possess

What is punished is present possession,
not past possession
It is not necessary to allege in information
that accused is not authorized to possess
opium

9. Possession of equipment, instrument,
apparatus and other paraphernalia fit for
introducing dangerous drugs into the body

Possession of such equipment = Prima facie
evidence that possessor has used a
dangerous drug and shall be presumed to
have violated Sec. 15, use of dangerous
drug.
The possession of PARAPHERNALIA is
absorbed by USE of dangerous drug.
Qualifying circumstance: Party, social
gathering, or in the proximate company of
at least 2 persons.

10. Use of dangerous drugs

Must be found positive after a confirmatory
test
1
st
conviction minimum of 6 mos. of
rehabilitation
2
nd
conviction imprisonment and fine
Where the accused is also found to be in
possession of dangerous drugs, this
Section shall not apply. Sec. 11, possession
of dangerous drugs, shall apply. Hence, USE
is subsumed by POSSESSION.
Ex. If the offender is caught with possession
of paraphernalia, possession of dangerous
drugs and use of dangerous drugs, the
offense is POSSESSION OF DANGEROUS
DRUGS.

11. Cultivation or culture of plants which are
dangerous drugs or are sources thereof
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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 prove that he
did not know of such cultivation or
culture despite the exercise of due
diligence on his part.

Qualifying circumstance:
1) The land is part of the public domain
2) Organizes, manages or acts as financier


12. Failure to keep of original records of
transactions of dangerous drugs

Persons liable: practitioner, manufacturer,
wholesaler, importer, distributor, dealer, or
retailer
The additional penalty of revocation of his
license to practice his profession in case of a
practitioner, or of his or its business license
in case of manufacturer, seller, importer,
distributor or dealer, shall be imposed.

13. Unnecessary prescription of dangerous drugs

Person Liable: Practitioner who shall
prescribe any dangerous drug for any person
whose physical/physiological condition does
not require the use of thereof or in the
dosage therein.

14. Unlawful prescription of dangerous drugs


Also Punishable -

ATTEMPT AND CONSPIRACY TO COMMIT THE
FOLLOWING OFFENSES:
a. Importation of dangerous drugs and/or
controlled precursor and essential chemical,
b. Sale, trading, administration, dispensation,
delivery, distribution and transportation of
dangerous drugs and/or controlled precursor
and essential chemical,
c. Maintenance of a den, dive or resort for
dangerous drugs,
d. Manufacture of dangerous drugs and/or
Scontrolled precursor and essential
chemical, and
e. Cultivation or culture of plants which are
sources of dangerous drugs.

The penalty for such attempt and conspiracy is
the same penalty prescribed for the
commission. Thus, where the offense of sale
was not consummated, the accused should not
be prosecuted under mere possession, but under
Sec. 26. (Justice Peralta)

OTHER PERSONS LIABLE:
1. Public officer or employee who
misappropriates, misapplies or fails to
account for confiscated, seized, or
surrendered dangerous drugs, plant sources of
dangerous drugs, etc.
2. Any elective local or national official who
have benefited from the proceeds of
trafficking of dangerous drugs or have
received any financial/material contributions or
donations from natural or juridical persons
guilty of drug trafficking.
3. 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.
4. 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.
5. Any person who is found guilty of planting
any dangerous drugs and/or controlled
precursor and essential chemicals, regardless
of quantity or purity (penalty of death).
6. Any person violating a regulation issued by the
Dangerous Drugs Board
7. Any person authorized to conduct drug test
who issues false or fraudulent drug test results
knowingly, willfully or through gross
negligence.
8. Any government officer tasked with the
prosecution of drug-related cases under this
Act who delays or bungles the prosecution.

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
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apprehend, arrest, or cause the apprehension
or arrest of any person who shall violate any of
the said provision. They shall be considered as
persons in authority if they are in the school or
within its immediate vicinity, or beyond such
immediate vicinity if they are in attendance in
any school or class function in their official
capacity as school heads, supervisors or
teachers.
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 by the school authorities.
(Sec. 44)

RULES FOR EXEMPTION FROM CRIMINAL
LIABILITY OF DRUG DEPENDENTS THROUGH
VOLUNTARY SUBMISSION:

A. Drug dependent who is finally discharged from
confinement shall be exempt subject to the ff.
conditions:
1) Complied with the rules of the Center
2) Never been charged or convicted of any
offense under this Act, the
Dangerous Drugs Act of 1972, the RPC,
or any special penal laws.
3) No record of escape from the Center;
provided if he escaped, he surrendered
by himself or through his parent, spouse,
guardian or relative w/in the 4
th
w/in
1 week.
4) Poses no serious danger to himself,
family or community.

B. 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 4
th
in a center and
compliance with such conditions therefor as the
Dangerous Drugs Board may prescribe shall
exempt him from criminal liability for
possession or use of the dangerous drug.

C. 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.

D. 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.
E. 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.

F. If a person charged with an offense with an
imposable penalty of less than 6 years and 1
day, and the Court or prosecutor, at any stage of
the proceedings, finds that the person charged
with an offense is 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. If the Board determines that
public interest requires that such person be
committed, it shall file a petition for
commitment. After commitment and discharge,
the prosecution shall continue. In case of
conviction, the judgment shall, if certified by the
center for good behavior, indicate that he shall
be given full credit for the period of
confinement; provided when the offense is use
of dangerous drugs, and the accused is not a
recidivist, the penalty shall have deemed to
have been served in the center upon release.

G. 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.

H. A drug dependent who is discharged as
rehabilitated, but does not qualify for
exemption, may be charged under this Act, but
shall be placed on probation and undergo
community service in lieu of imprisonment
and/or fine in the courts discretion.

I. A drug dependent who is not rehabilitated after
the second commitment to the Center under the
voluntary submission program shall, upon
recommendation of the Board, be charged for
violation of Sec. 15, (use of dangerous drug) and
be prosecuted like any other offender. If
convicted, he shall be credited for the period of
confinement in the Center.





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RULES ON SUSPENSION OF SENTENCE FOR
FIRST OFFENSE OF A MINOR:

A. Supervision and rehabilitative surveillance of
the Board and under such conditions that the
court may impose for a period of 6-18 mos.

Requisites for suspension:
1. Accused is a minor over 15 years at the
time of the commission of the offense but
not more than 18 years of age when the
judgment should have been promulgated.
2. He has not been previously convicted of
violating this Act, Dangerous Drugs Act of
1972, RPC or any special penal laws.
3. He has not been previously committed to
a Center or to the care of a DOH-accedited
physician.
4. The Dangerous Drugs Board favorably
recommends that his/her sentence be
suspended.

Where the minor is under 15 years at the
time of the commission, Art. 192 of Child
and Youth Welfare Code shall apply
(suspension of sentence and commitment)

B. The privilege of suspended sentence may be
availed of only once.

C. If the minor violates any of the conditions of his
suspended sentence, rules of the Board, or rules
of the center, the court shall pronounce
judgment of conviction and he shall serve
sentence as any other convicted person.

D. Upon promulgation of sentence, the court may,
in its discretion, place the accused under
probation, or impose community service in
lieu of imprisonment.
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PROCEDURE for CUSTODY and DISPOSITION
TIME TASK PRESENT
1 Immediately after
seizure
Inventory and photograph Accused or the person/s from whom
confiscated, or representative, media,
DOJ and any elected public official
who shall sign the copies of the
inventory and be given a copy.
2 24 hours upon
confiscation
Submit to PDEA Forensic Lab for
examination

3 24 hours after receipt Issue certification of exam results under
oath; provided, if the volume is too large,
provisionally issue partial report, stating
quantities still to be examined; provided
further, issue final certification within next 24
hours.

4 72 hours after filing of
criminal case
Court ocular inspection.
5 24 hours from ocular
inspection
Destruction (through PDEA); provided,
retain representative sample.
Board to issue sworn certification of
destruction. Submit certification and
representative sample to the court.
Accused or the person/s from whom
confiscated, or representative, media,
DOJ, civil society groups and any
elected public official

6 After promulgation and
judgment
Trial prosecutor to inform the Board of final
termination of case. Request the court for
leave to turn over representative samples to
PDEA.

7 24 hours from receipt Destruction
Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall
not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in
writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorneys office to
represent the former.
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RULES FOR LAB EXAMINATION OF
APPREHENDED/ARRESTED OFFENDERS :
1. If reasonable ground to believe that offender is
under the influence of dangerous drugs, conduct
examination w/in 24 hours.
2. Positive results shall be challenged w/in 15 days
after receipt of the result through a confirmatory
test.
3. Confirmed test shall be prima facie evidence
that offender has used dangerous drugs.
4. Positive test must be confirmed for it to be
valid in a court of law.

OTHER RULES:
1. In buy-bust operations, there is no law or rule
requiring policemen to adopt a uniform way
of identifying buy money.
2. Absence of ultraviolet powder on the buy
money is not fatal for the prosecution.
3. If offender is an alien, an additional penalty of
deportation without further proceedings shall
be imposed immediately after service of
sentence.
4. A person charged under the Dangerous
Drugs Act shall not be allowed to avail of
plea-bargaining.
5. A positive finding for the use of dangerous
drugs shall be a qualifying aggravating
circumstance in the commission of a crime
by the offender.
6. If public official/employee is the offender,
the maximum penalty shall be imposed.
7. Any person convicted of drug trafficking or
pushing cannot avail of the Probation Law.
8. Immunity from prosecution and punishment
shall be granted to an informant, provided the
ff. conditions concur:
1) necessary for conviction
2) not yet in the possession of the State
3) can be corroborated on material
points
4) has not been previously convicted of
a crime of moral turpitude, except
when there is no other direct
evidence
5) comply with conditions imposed by
the State
6) does not appear to be the most guilty
7) no other direct evidence available

10. Mandatory drug testing includes:
1) All persons charged with a criminal
offense having an imposable penalty
of not less than 6 years and 1 day.
2) All candidates for public office, whether
appointed or elected.

11. Limited applicability of the RPC The RPC
shall not apply to this Act, except in the case of
minor offenders. Where the offender is a minor,
the penalty for acts punishable by life
imprisonment to death shall be reclusion
perpetua to death.

Hence, since RPC nomenclature of penalties is
used, the minor is then entitled to mitigating
circumstances under the RPC (Martin Simon
case). Thus, the minor does not receive the
death penalty. (Justice Peralta)

People v. Adam GR 143842, 10/13/03
Appellant is guilty of the crime of attempted sale
of shabu. As gleaned from the testimony of the
poseur-buyer, the appellant merely showed the bag
containing the shabu and held on to it before it was
confiscated. There is no evidence that the poseur-
buyer talked about and agreed with the appellant on
the purchase price of the shabu. There is no
evidence that the appellant handed over the shabu to
the poseur buyer.


People v. Yang, GR 148077, 2/16/04
The consummation of the crime charged herein
may be sufficiently established even in the absence
of an exchange of money. The offer to sell and then
the sale itself arose when the poseur-buyer showed
the money to appellant, which prompted the latter to
show the contents of the carton, and hand it over to
the poseur-buyer. Mere showing of the said regulated
drug does not negate the existence of an offer to sell
or an actual sale. The absence of actual or
completed payment is irrelevant, for the law itself
penalizes the very act of delivery of a dangerous
drug, regardless of any consideration. Payment of
consideration is likewise immaterial in the distribution
of illicit drugs.

People v. Chua, GR 149878, 7/1/03
In a prosecution for illegal possession of a
dangerous drug, mere possession of a regulated
drug without legal authority is punishable under the
Dangerous Drugs Act. Lack of criminal intent or good
faith does not exempt appellants from criminal
liability.

People v. Cadley, GR 150735, 3/15/04
A prior surveillance is not a prerequisite for the
validity of an entrapment or buy- bust operation, the
conduct of which has no rigid or textbook method.

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People v. Del Norte, GR 149462, 3/31/04
In a prosecution for illegal possession of
dangerous drugs, the following facts must be proven
with moral certainty: (1) that the accused is in
possession of the object identified as a prohibited or
regulated drug; (2) that such possession is not
authorized by law; and (3) that the accused freely
and consciously possessed the said drug. In this
case, proof of the accuseds ownership of the house
where the prohibited drugs were discovered is
necessary.





TITLE SIX
CRIMES AGAINST PUBLIC MORALS



P.D. 1602. PRESCRIBING STIFFER
PENALTIES IN ILLEGAL GAMBLING





(Repealed Art. 195-199 RPC, PD 483 betting law,
and PD 449 cockfighting law)

PENALTY ACTS PUNISHED
Prision correccional,
medium or fine
ranging from P1,000
to P6,000
In case of recidivism:
Prision mayor,
medium or fine
ranging from P5,000
to P10,000

1. Any person who shall
directly or indirectly
take part in any illegal
or unauthorized
activities or games of:
(1) Cockfighting, jueteng,
jai-alai or horse racing
to include bookie
operations and game
fixing, numbers, bingo
and other forms of
lotteries
(2) Cara y cruz, pompiang
and the like
(3) 7-11 and any game
using dice
(4) Black jack, lucky nine,
poker and its
derivatives, monte,
baccarat, cuajo,
pangguigue and other
card games
(5) Pak que, high and low,
mahjong, domino and
other games using
plastic tiles and the
like
(6) Slot machines,
roulette, pinball and
other mechanical
contraptions and
devices
(7) Dog racing, boat
racing, car racing and
other forms of races
(8) Basketball, boxing,
volleyball, bowling,
pingpong and other
forms of individual or
team contests to
include game fixing,
point shaving and
other machinations
(9) Banking or percentage
game, or any other
game or scheme,
whether upon chance
or skill, wherein
wagers consisting of
money, articles of
value or representative
of value are at stake or
made
2. Any person who
KNOWINGLY permits
any form of gambling
in an inhabited or
uninhabited place or in
any building, vessel or
other means of
transportation owned
or controlled by him
Prision correccional
maximum, fine of
P6,000
1. Gambling in place with
reputation of gambling,
frequent gambling
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place, government
building or barangay
hall
2. Maintainer or
conductor of above
gambling schemes
Prison mayor,
medium, with
temporary absolute
disqualification or fine
of P6,000
Government official
maintainer, conductor,
banker of gambling
schemes; player,
promoter, referee, umpire,
judge or coach in case of
game fixing, point shaving
and machination
Prision correccional
medium or fine P400
to P2,000
Any person who knowingly
and without lawful purpose
possess lottery list, paper
or other matter containing
letters, figures, signs or
symbols pertaining to or in
any manner used in the
games of jueteng, jai-alai
or horse racing bookies,
and similar games of
lotteries and numbers
which have taken place or
about to take place
Temporary absolute
disqualification
Barangay official who with
knowledge of gambling
house/place in his
jurisdiction fails to abate or
take action
Prision correccional
maximum or fine
P500 to P2000
Security officer,
watchman, private or
house detective of hotels,
villages, buildings,
enclosures and the like
which have reputation of
gambling place or where
gambling activities are
being held


NOTES:
Playing for money is not a necessary
element. The laws purpose is to prohibit
absolutely those games.
Any other games if with wager of money,
articles, or value are at stake or made
Individual/team contests: game-fixing, point-
shaving, other machinations
Spectators are not liable: must directly or
indirectly take part; The law does not make it
an offense to be present in a gambling
house.
A game or scheme is punishable even if
winning depends upon skill as long as
wagers (consisting of money, articles of
value or representative of value) are at stake
or made.

Lottery:
Requisites:
1. Consideration
2. Chance
3. Prize/advantage/inequality in amount or
value which is in the nature of prize

NOTES:
Distribution of prizes by chance
No lottery where there is full value of
money(criminal case-Olsen), but if
inducement to win prize is reason for
purchase/subscription/others then even if full
value for money is receivedstill
lottery(Administrative Code, postal law-El
Debate)
Proof that game took place or is about to
take place is not necessary; burden of
evidence is shifted to accused to show that
his possession is lawful or is not connected
with jueteng game; but proof to the contrary
is necessary when jueteng lists pertain to
games played on other dates
MAINTAINER person who sets up and furnishes
means to carry on gambling or scheme
CONDUCTOR person who manages or carries on
gambling game or scheme



P.D. No. 483: BETTING, GAME-FIXING OR
POINT-SHAVING AND MACHINATIONS IN
SPORT CONTESTS

NOTES:
BETTING - betting money or any object or
article of value or representative of value
upon the result of any game, races and other
sports contests
ART. 196: IMPORTATION, SALE AND
POSSESSION OF LOTTERY TICKETS OR
ADVERTISEMENTS
(ALREADY REPEALED)
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GAME-FIXING any arrangement,
combination, scheme or agreement by which
the result of any game, races or sports
contests shall be predicted and/or knows
other than on the basis of the honest playing
skill or ability of the players or participants
POINT-SHAVING any such arrangement,
combination, scheme or agreement by which
the skill of ability of any player or participant
in a game, races or sports contests to make
points or scores shall be limited deliberately
in order to influence the result thereof in favor
of one or the other team, player or participant
therein
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 contests
Clearance for arrest, detention or prosecution
No person who voluntarily discloses or
denounces to the President of the Philippine
Amateur Athletic Federation or to the
National Sports Association concerned
and/or to any law enforcement/police
authority any of the acts penalized by this
Decree shall be arrested, detained and or
prosecuted except upon prior written
clearance from the President of the
Philippines and/or the Secretary of National
Defense


ART. 198: ILLEGAL BETTING ON HORSE RACES
(ALREADY REPEALED)




Holding of Cockfights Cockfighting shall be
allowed only in licensed cockpits:
1. Sundays
2. Legal Holidays, except: December 30, June
12, November 30, Holy Thursday, Good
Friday, Election or Referendum Day and
during Registration Days for such election or
referendum
3. During local fiestas for not more than 3 days
4. Provincial, city or municipal agriculture,
commercial or industrial fair, carnival or
exposition for a similar period of three days
upon resolution, subject to approval of Chief
of Constabulary or his authorized
representativenot allowed within month of
local fiesta of for more than two occasions a
year in same city or municipality

Cockfighting for Entertainment of Tourists or for
Charitable Purposes: Chief of Constabulary or his
authorized representative may also allow the holding
of cockfighting for:
1. Entertainment of foreign dignitaries
2. Tourists
3. Balikbayan
4. For 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
- Extended for only one time, for a period not
exceeding 3 days, within a year to a province,
city or municipality


NOTES:
Permitting gambling of any kind in cockpit is
punished under the same Decree (Owner,
manger or lessee of cockpit that permits
gambling shall be criminally liable)
Spectators in cockfight are not liable unless
he participates as bettor


NOTES:
Gambling in all its forms, unless allowed by
law, is generally prohibited. The prohibition
does not mean that the Government cannot
regulate it in the exercise of police power.
There are particular days where Cockfighting
and Horse Racing are allowed. Betting in
Horse Races is allowed during periods
provided by law but betting in cockfights is
prohibited at all times.
Sports Contests: Betting, Game-fixing, Point-
Shaving, Game Machinations prohibited

Chapter Three - OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS



COCKFIGHTING LAW OF 1974

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Elements:
1. That the offender performs an act;
2. That such act/s be highly scandalous as
offending against decency or good customs;
3. That the highly scandalous conduct does not
expressly fall within any other article of the
RPC; and
4. That the act/s complained of be committed in
a public place or within the public knowledge
or view.

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. The public view is not
required. It is sufficient if committed in public
place. For being committed within the public
knowledge, it may occur even in a private place;
the number of people who sees it is not material.
Decency means properly observing the
requirements of modesty, good taste
Customs refer to established usage, social
conventions carried on by tradition and enforced
by social disapproval in case of violation.
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
.




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 in theaters, fairs,
cinemas or any other place.
6. Those who sell, distribute, or exhibit prints,
engraving, sculptures or literature which are
offensive to morals.


Considered as obscene literature or immoral or
indecent plays, scenes or acts:
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 and the use
of prohibited drugs; and
5. those that are contrary to law, public order,
morals, good customs, established policies,
lawful orders, decrees and edicts.

NOTES:
Morals imply conformity to generally
accepted standards of goodness or rightness
in conduct or character.
The test of obscenity is 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.
Mere nudity in paintings and pictures is not
obscene.
Pictures w/ a slight degree of obscenity
having no artistic value and being intended
for commercial purposes fall within this
article.
Publicity is an essential element.


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); and
6. Persons found loitering in inhabited or
uninhabited places belonging to others,
without any lawful or justifiable reason,
ART. 201: IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS
ART. 200: GRAVE SCANDAL
ART. 202: VAGRANTS AND PROSTITUTES
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provided the act does not fall within any other
article of the RPC.

PROSTITUTES - women who habitually(not just 1
man) indulge in sexual intercourse or lascivious
conduct for money or profit (If a man indulges in the
same conduct, the crime committed is vagrancy.)
DISSOLUTE lax, unrestrained, immoral (includes
maintainer of house of prostitution)
RUFFIANS brutal, violent, lawless

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


P.D. 1653 - MENDICANCY


Persons liable:
1. Mendicant Those with no visible and legal
means of support, or lawful employment and
physically able to work but neglects to apply
himself to lawful calling and instead uses begging
as means of living (higher penalty if convicted 2
or more times)
2. Any person who abets mendicancy by giving
alms on public roads, sidewalks, parks and
bridges except if given through organized
agencies operating under rules and regulations of
Ministry of Public Information

NOTE: Giving alms through organized agencies
operating under the rules and regulations of the
Ministry of Public Information is not a violation of the
Mendicancy Law.


Under R.A. 9344 persons below eighteen (18)
years of age shall be exempt from prosecution
for the crime of vagrancy and prostitution under
Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No.
1563, and sniffing of rugby under Presidential
Decree No. 1619, such prosecution being
inconsistent with the United Nations Convention
of the Rights of the Child:





TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS



Chapter One - PRELIMINARY PROVISIONS




Requisites:
To be a public officer, one must be -
1. Taking part in the performance of public
functions in the Government, or performing
public duties as an employee, agent or
subordinate official, of any rank or class, in
the government or any of its branches; and
2. That his authority to take part in the
performance of public functions or to perform
public duties must be -
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent
authority.

NOTES:
Public officers include every public servant
from the lowest to the highest rank provided
that they exercise public functions.
A government laborer is not a public officer.
However, temporary performance by a
laborer of public functions makes him a
public officer.

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

Misfeasance:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of
justice

Nonfeasance:
1. dereliction of duty in prosecution of offenses
ART. 203: WHO ARE PUBLIC OFFICERS
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2. betrayal of trust by an attorney or solicitor
revelation of secrets

Malfeasance:
1. Direct bribery
2. Indirect bribery


Chapter Two - MALFEASANCE AND
MISFEASANCE IN OFFICE



Elements:
1. That the offender is a judge;
2. That he renders a judgment in the case
submitted to him for decision;
3. That the judgment is unjust; and
4. That the judge knows that the decision is
unjust.

NOTES:
A judgment is a final consideration and
determination by a court of competent
jurisdiction of the issues submitted to it in an
action or proceeding.
An unjust judgment is one which is contrary
to law, or not supported by the evidence, or
both.

An unjust judgment may result from:
1. error (w/ bad faith)
2. ill-will or revenge
3. bribery

There must be evidence that the decision
rendered is unjust. It is not presumed.
Knowingly deliberately or maliciously,
conscious and deliberate intent to do an
injustice; (no liability if error in good faith)
Abuse of discretion or mere error of judgment
cannot likewise serve as basis for rendering
an unjust judgment in the absence of proof or
an allegation of bad faith (motive or improper
consideration).


Elements:
1. That the offender is a judge;
2. That he renders judgment in a case
submitted to him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to inexcusable negligence or
ignorance.

MANIFESTLY UNJUST JUDGMENT manifestly
contrary to law that even a person having meager
knowledge of law cannot doubt the injustice; not
abuse of discretion or mere error of judgment


Elements:
1. That the offender is a judge; and
2. That he performs any of the following acts:
a. knowingly renders an unjust
interlocutory order or decree, or
b. 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


Elements:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice;
and
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.

NOTE: Mere delay without malice is not punishable.



Acts punishable:
1. By maliciously refraining from instituting
prosecution against violators of the law
2. By maliciously tolerating the commission of
offenses
ART. 204: KNOWINGLY RENDERING AN
UNJUST JUDGMENT
ART. 205: JUDGMENT RENDERED THROUGH
NEGLIGENCE
ART. 206: UNJUST INTERLOCUTORY
ORDER
ART. 207: MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ART. 208: PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
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Dereliction of duty in the prosecution of offenses:

Elements:
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, crime
is direct bribery.) and
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law.

NOTES:
Prevaricacion means the 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. However, a fiscal
is under no compulsion to file an information
based upon a complaint if he is convinced
that the evidence before him is insufficient to
warrant filing an action in court.
The crime must be proved first before an
officer can be convicted of dereliction of duty.
Maliciously signifies deliberate evil intent; a
dereliction of duty caused by poor judgment
or honest mistake is not punishable.
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.
This article not applicable to revenue officers.


Acts punishable:
1. Causing damage to client either
a. by any malicious breach of
professional duty, or
b. by inexcusable negligence or
ignorance.
2. Revealing any of the secrets of his client
learned by him in his professional capacity.
Here, damage is not necessary.
3. Undertaking the defense of the opposing
party in the same case, without the consent
of his 1
st
client, after having undertaken the
defense of a client or having received
confidential information from said client.



Elements:
1. That the offender be a public officer;
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
and delivery of consideration is not
necessary) -
a. with a view to committing some crime;
b. in consideration of an execution of an act
which does not constitute a crime, but
the act must be unjust; (contemplates an
accepted gift, and an overt act)
c. to refrain from doing something which is
his official duty to do; (should not be a
crime)
4. That the act which the offender agrees to
perform or which he executes be connected
with the performance of his official duties.
(need not be a statutory duty)

NOTES:
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.
This felony cannot be frustrated. It may only
be attempted or consummated.


Bribery exists when the gift is:
1. voluntarily offered by a private person
ART. 210: DIRECT BRIBERY
ART. 209: BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR REVELATION OF
SECRETS
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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 the
giver is not corruption of public officials due
to his involuntariness.)


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 be 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 crime of bribery cannot be complexed with or
absorbed by other crimes as the penalty for
bribery is in addition to the penalties for those
other crimes.
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
element is not necessary in prevaricacion.


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.





Persons Liable:

1. Any public officer who shall perform any of the
following acts:
a. 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.

NOTE: Persuasion need not be successful. The
gravamen of the offense is the persuasion.

a. 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.
b. 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 or capacity, has secured or
obtained, or will secure or obtain, any
Government permit or license, in
consideration for the help given or to be
given.

NOTE: If the act does not fall under b and c,
then Art. 210, direct bribery, may apply.
(Justice Peralta)

d. 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.

NOTE: The act is mala prohibita. Hence,
the public official need not have even
recommended the employment. (Justice
Peralta)

e. 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

ANTI-GRAFT AND CORRUPT PRACTICES ACT
R.A. NO. 3019
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provision shall apply to officers and
employees of offices or government
corporations charged with the grant of
licenses or permits or other concessions.

NOTES:
The best defense is that the partiality was
not manifest. That the partiality is manifest
is a heavy burden on the prosecution.
(Justice Peralta).
Another defense is the Arias doctrine. The
defense applies in a case where the accused
is an approving officer and is on trial for
signing an unjust contract.
The defense is that the approving officer
relied on the prior signatures of his
subordinates and had no reason to suspect
wrong-doing and was swamped with a lot of
documents on that day that he signed.
There is no attempted or frustrated stage of
the crime defined in Sec. 3(e) of R.A. No.
3019.

f. 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
or giving undue advantage in favor of or
discriminating against any other interested
party.

g. 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.

In determining whether the contract was
manifestly and grossly disadvantageous,
it is not merely consideration of the
pecuniary amount involved. (Justice
Peralta)

h. 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.

Under the Code of Professional Conduct,
the public officer MUST divest his
interest.

i. 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.

j. 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.

k. 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.

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 contract 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 3
rd
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 government (Sec.
5).

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
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the government 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 in 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 recommended the initiation
in Congress of the enactment or adoption of any
law or resolution and acquires or receives such
interest during his incumbency.

Unlawful for such member of Congress or
other public officer, who, having such interest
prior to the approval of such law or resolution
authored or recommended by him, continues
for 30 days after such approval to retain such
interest.

7. 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 15
th
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).

Prima Facie Evidence of and Dismissal Due to
Unexplained Wealth (Sec. 8)

1. 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.
2. 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.
3. 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.

NOTE: Competent court is the Sandiganbayan (Sec.
10).

General Rule: Prescriptive period is 15 years (Sec.
11).
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).

NOTES:
No public officer shall be allowed to resign or
retire pending an investigation
Suspension while pending in court after valid
information (cannot be automatic), and loss of
benefits if convicted by final judgment; maximum
duration of preventive suspension is 90 days;
acquittal reinstatement and salaries and
benefits which he failed to receive
The courts are not bound by the statement of
assets and liabilities filed.
Penalty of forfeiture can be applied retroactively.


Elements:
1. That the offender is a public officer;
2. That he accepts gifts; and
3. That the said gifts are offered to him by
reason of his office.

NOTES:
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.
ART. 211: INDIRECT BRIBERY
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There is no attempted or frustrated indirect
bribery.
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.


Direct bribery Indirect bribery
Officer agrees to perform
or refrain from doing an
act.
Not necessary that the
officer do an act.




ELEMENTS:
1. That the offender is a public officer
entrusted with law enforcement;
2. That he refrains from arresting/
prosecuting offender for crime punishable
by reclusion perpetua and/or death (if
lower penalty than stated above, direct
bribery is the crime); and
3. In consideration of any offer, promise or
gift.



ELEMENTS:
1. That the offender makes offers or promises
or gives gifts or presents to a public
officer; and
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.
Bribery is usually proved by evidence acquired in
entrapment
Under PD 749, givers of bribes and other gifts as
well as accomplices in bribery and other graft
cases are immune from prosecution if they
voluntarily give any information about any
commission of direct, indirect, and qualified
bribery, and any corruption of public officials,
provided that:
1. The information must refer to
consummated violations of any of the
above-mentioned provisions of law, rules
and regulations
2. Information and testimony are necessary
for the conviction of the accused public
officer, not in possession of the State,
and can be corroborated on its material
points
3. Informant or witness has not been
previously convicted of a crime involving
moral turpitude
4. Immunity shall not attach should the
information and/or testimony is false and
malicious or made only for the purpose of
harassing, molesting or in any way
prejudicing the public officer denounced


Chapter Three FRAUDS AND ILLEGAL
EXACTIONS AND TRANSACTIONS






A. FRAUDS AGAINST PUBLIC TREASURY

ELEMENTS:
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; and
4. That the accused had intent to defraud the
government.

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.





ARTICLE 213. FRAUDS AGAINST THE PUBLIC
TREASURY AND SIMILAR OFFENSES
ARTICLE 212. CORRUPTION OF PUBLIC
OFFICIALS
ARTICLE 211-A. QUALIFIED BRIBERY
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B. ILLEGAL EXACTIONS

ELEMENTS:
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees
and other imposts; and
2. That he is guilty of any of the following acts
or 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 a
receipt, as provided by law, for any
sum of money collected by him
officially, or
c. collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided
by law.

Mere demand of a larger or different amount is
sufficient to consummate the crime. The
essence is the improper collection and
damage to the government is not required.
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.
When there is deceit in demanding larger fees,
the crime committed is estafa.
This felony may be complexed with
malversation. Ex. A tax collector who collected
a sum larger than that authorized by law and
spent all of them is guilty of two crimes, namely:
(1) illegal exaction, for demanding a greater
amount; and (2) malversation for
misappropriating the amount collected.
A public officer who has the duty to collect taxes
is directly accountable to the Government for
money he collected since such money acquires
the character of a public fund.
Officers and employees of the BIR or Customs
are not covered by this article but by the NIRC
or the Administrative Code.



ELEMENTS:
1. That the offender is a public officer;
2. That he takes advantage of his official
position; and
3. That he commits any of the frauds or
deceits enumerated in art. 315 and 316.
(estafa, swindling)

RTC has jurisdiction over the offense because
the principal penalty is disqualification.




ELEMENTS:
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; and
4. That he becomes interested in the
transaction during his incumbency.

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
for gain or profit and not merely as investment
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.
Appointive public officials should not devote
himself to commerce





WHO ARE LIABLE:
1. Public officer who became interested in any
contract or business in which it is his official
duty to intervene.
2. Experts, arbitrators and private
accountants who took part 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.

Actual fraud is not necessary
Intervention must be by virtue of public office held
Act is punished because of the possibility that
fraud may be committed or that the officer
ART. 214. OTHER FRAUDS
ARTICLE 215. PROHIBITED
TRANSACTIONS
ARTICLE 216. POSSESSION OF PROHIBITED
INTERESTS BY A PUBLIC OFFICER
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may place his own interest above that of the
Government or of the party which he represents.
Constitutional prohibitions exist
- Congress: cannot personally appear as
counsel, cannot be interested financially in
any franchise or special privilege granted by
government, cannot intervene in any matter
before office of Goevrnment
- Executive cannot hold any other office
- Constitutional Commission cannot hold any
other office, engage in practice of profession





AN ACT DEFINING AND PENALIZING THE
CRIME OF PLUNDER
RA 7080



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:
A. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury.
B. 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;
C. 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;
D. 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.
E. 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;
F. 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.

PERSONS LIABLE:
A. 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 above 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).
B. Any person who participated with the said
public officer in the commission of plunder.

JURISDICTION: Sandiganbayan.

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.

PRESCRIPTION: 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.

ESTRADA VS. SANDIGANBAYAN, GR NO. 148560,
NOVEMBER 21, 2001
what is meant by combination and series of
overt or criminal acts under the plunder law?

When the plunder law speaks of combination, it is
referring to at least two (2) acts falling under different
categories of enumeration provided in sec. 1, par. (d).
example: raids on the public treasury in sec. 1, par.
(d), subpar. (1), and fraudulent conveyance of assets
belonging to the national government under sec. 1
par. (d), subpar. (3).
On the other hand, to constitute a series there
must be two (2) or more overt or criminal acts falling
under the same category of enumeration found in
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sec. 1, par. (d), say, misappropriation, malversation
and raids on the public treasury, all of which falls
under sec. 1, par. (d), subpar. (1). verily, had the
legislature intended a technical or distinctive meaning
for combination and series, it would have taken
greater pains in specially providing for it in the law.

Joseph Ejercito Estrada vs. Sandiganbayan, G.R.
No. 148560, November 21, 2001
is the crime of plunder malum in se or malum
prohibitum?
Plunder is a crime of malum in se because the
constitutive crimes are mala in se. the elements of
mens rea must be proven in a prosecution for
plunder. moreover, any doubt as to whether the
crime of plunder is malum in se must be deemed
to have been resolved in the affirmative decision
of congress in 1993 to include it among the
heinous crimes punishable by reclusion perpetua
to death. the legislative declaration in r.a. 7659
that plunder is a heinous offense implies that it is
malum in se. for when the acts punished are
inherently immoral or inherently wrong, they are
mala in se and it does not matter that such acts
are punished in a special law, especially since in
the case of plunder the predicate crimes are
mainly mala in se.


Chapter Four MALVERSATION OF PUBLIC
FUNDS OR PROPERTY





ELEMENTS:
1. That the offender be a public officer (or
private person if entrusted with public
funds or if in connivance with public
officers);
2. That he had the custody or control of
funds or property (if not accountable for the
funds, crime committed is theft or qualified
theft);
3. That those funds or property were public
funds or property (even if private funds,
they become public if attached, seized,
deposited or commingled with public funds);
and
4. That he
a. Appropriated the funds or property
b. Took or misappropriated them
c. 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
by his malversation. His being remiss in the duty
of safekeeping public funds violates the trust
reposed.
Public funds taken need not be misappropriated.
Malversation is otherwise called embezzlement.
It can be committed either with malice or
through negligence or imprudence (penalty is
the 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 to
account, 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 and
trust funds. If funds or property placed in custody
of public officer, and they are accountable, such
funds 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 this
article.
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

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.
ARTICLE 217. MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
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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 an
exempting circumstance but 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 by or damage to the government are not
necessary elements of the crime of malversation.

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
appropriating, taking, or
misappropriating/consentin
g, 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

People v. Hipol, GR 140549, 7/22/03
The fact that the obligation to deposit the collections
of the City Treasurer's Office is not covered by
appellant's official job description is of no legal
consequence in a prosecution for Malversation. What
is essential is that appellant had custody or control of
public funds by reason of the duties of his office.


ELEMENTS:
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 or property;
3. That he is required by law or regulation to
render accounts to the Commission on
Audit, or to a provincial auditor; and
4. That he fails to do so for a period of two
months after such accounts should be
rendered.
Demand and misappropriation are not necessary.







ELEMENTS:
1. That the offender is a public officer;
2. That he must be an accountable officer for
public funds or property; and
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.
The act of leaving the Philippines must be
unauthorized or not permitted by law.






ELEMENTS OF 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) ; and
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
(malversation), 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 219. FAILURE OF A
RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY
ARTICLE 218. FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNT FAILURE
OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNT
ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS
OR PROPERTY
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ACTS PUNISHED:
1. By failing to make payment by a public officer
who is under obligation to make such
payment from Government funds in his
possession
2. By refusing to make delivery by a public
officer who has been ordered by competent
authority to deliver any property in his
custody or under his administration (must be
malicious)
ELEMENTS:
1. That the public officer has govt. funds or
property in his possession.
2. That he is under obligation to either:
a. make payment from such funds, or
b. to deliver property in his custody or
administration when ordered by
competent authority; and
3. That he maliciously fails or refuses to do
so.

Penalty is based on value of funds/property to be
delivered.





PERSONS LIABLE UNDER ART. 217 TO 221:
1. Private individual who, in any capacity,
have charge of any national, provincial or
municipal funds, revenue, or property.
Example: a withholding tax agent
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
Judicial administrator not covered by this
article.(Appointed to administer estate of
deceased and not in charge of property attached,
impounded or placed in deposit by public
authority)
Private property is included if it is attached,
seized or deposited by public authority.



Chapter Five INFIDELITY OF PUBLIC
OFFICERS




ELEMENTS:
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; and
4. That he was in connivance with the prisoner
in the latters escape.

DETENTION PRISONER - A person becomes a
detention prisoner from the moment he is
booked. This refers to the accomplishment of
the booking sheet and made to fill a form (sic)
where he is finger printed. From that time on, he
is already a detention prisoner even if he is not
yet incarcerated. (ApostThe ol)
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 constitutes 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.





ELEMENTS:
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; and
3. That such prisoner escapes through his
negligence.

NOTES:
The article punishes a definite laxity which
amounts to deliberate non-performance of
a duty.
ARTICLE 224. EVASION THROUGH
NEGLIGENCE
ARTICLE 223. CONNIVING WITH OR
CONSENTING TO EVASION
ARTICLE 222. OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
ARTICLE 221. FAILURE TO MAKE DELIVERY
OF PUBLIC FUNDS OR PROPERTY
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The fact that the public officer recaptured
the prisoner who had escaped from his
custody does not afford him complete
exculpation.
The liability of an escaping prisoner:
a. if he is a prisoner by final judgment,
he is liable for evasion of service
(art 157)
b. if he is a detention prisoner, he
does not incur criminal liability
(unless cooperating with the
offender).
The negligent public officer suffers the same
penalty regardless of whether the prisoner is
a convict or merely a detention prisoner.





ELEMENTS:
1. That the offender is a private person;
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him;
3. That the prisoner or person under arrest
escapes; and
4. That the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
negligence.

This article is not applicable if a private person
made the arrest and he consented to the escape
of the person he arrested.




ELEMENTS OF 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; and
4. That damage, whether serious or not, to a
third party or to the public interest should
have been caused.




NOTES:
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:
a. tamper with it,
b. to profit by it, or
c. to commit any act constituting a breach
of trust in the official care 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 because of his official capacity.





ELEMENTS:
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; and
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.




ELEMENTS:
1. That the offender is a public officer;
ARTICLE 226. REMOVAL, CONCEALMENT,
OR DESTRUCTION OF DOCUMENTS
ARTICLE 227. OFFICER BREAKING SEAL
ARTICLE 225. ESCAPE OF PRISONER UNDER
THE CUSTODY OF A PERSON NOT A PUBLIC
OFFICER
ARTICLE 228. OPENING OF CLOSED
DOCUMENTS
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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; and
4. That he does not have proper authority.

Damage is not necessary.


Article 229. Revelation of secrets by an officer.

ELEMENTS OF PAR. 1 (SECRETS KNOWN 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; and
4. That damage, great or small, be caused to
the public interest.

Secret must affect public interest.
Secrets of a private individual is not included.
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 (WRONGFULLY
DELIVERING 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; and
6. That damage be caused to public interest.

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.
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.
Damage is essential to the act committed.



ARTICLE 230. PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL.

ELEMENTS:
1. That the offender is a public officer;
2. That he knows of the secret of a private
individual by reason of his office; and
3. That he reveals such secrets without
authority or justifiable 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.

Chapter Six - OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS


ARTICLE 231. OPEN DISOBEDIENCE.

ELEMENTS:
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; and
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.

Judgment should have been rendered in a
hearing and issued within proper jurisdiction
and with all required legal solemnities.


ARTICLE 232. DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER; WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER.

ELEMENTS:
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;
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4. That his superior disapproves the
suspension of the execution of the order; and
5. That the offender disobeys his superior
despite the disapproval of the suspension.

A public officer is not liable if the order of the
superior is illegal.


ARTICLE 233. REFUSAL OF ASSISTANCE.

ELEMENTS:
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; and
3. That the offender fails to do so maliciously.

This felony involves a request from one
public officer to another.
Damage to the public interest or third party is
essential.
Demand is necessary.
Demand must be from competent authority


ARTICLE 234. REFUSAL TO DISCHARGE
ELECTIVE OFFICE.

ELEMENTS:
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.

If the elected person is disqualified, his
refusal to be sworn in or to discharge the
duties of the office is justified.
Refusal to discharge the duties of an
appointive office is not covered by this
article.


ARTICLE 235. MALTREATMENT OF PRISONERS.

ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he has charge of a prisoner or
detention prisoner (otherwise the crime is
physical injuries); and
3. That he maltreats such prisoner in either of
the following manners:
a. by overdoing himself in the correction or
handling of a prisoner or detention
prisoner under his charge either
i. by the imposition of punishments
not authorized by the regulations,
or
ii. by inflicting such punishments
(those authorized) in a cruel and
humiliating manner, or
b. 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 (not merely by
legal fiction)
1. Offended party: Convict by final judgment or
detention prisoner
To be considered a detention prisoner,
the person arrested must be placed in jail
even for just a short time.
Maltreatment not due to personal grudge.

2. Offender may also be held liable for
physical injuries or damage caused.
(Penalty provided in Article 235 is imposed in
addition to penalty for injury or damage
caused)


ARTICLE 236. ANTICIPATION OF DUTIES OF A
PUBLIC OFFICE.

ELEMENTS:
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; and
4. That he has not taken his oath of office
and/or given the bond required by law.


ARTICLE 237. PROLONGING PERFORMANCE OF
DUTIES AND POWERS.

ELEMENTS:
1. That the offender is holding a public office;
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2. That the period provided by law, regulations
or special provisions for holding such office
has already expired; and
3. That he continues to exercise the duties
and powers of such office.

The article contemplates officers who have been
suspended, separated, declared over-aged
or dismissed