Professional Documents
Culture Documents
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS (Articles 114 122)
Page 1
CRIMINAL LAW 2
2. Giving them aid or
comfort
Mere adherence to
the enemies, without
any act of giving aid or
comfort to the enemy
will not bring along
treason, it is the act of
giving aid or comfort
which
is
the
manifestation of the
adherence to the
enemies.
ILLUSTRATION:
Q: What if there is war which the Philippines is involved? X
was among those who committed treason against the
government. now X in committing treason killed a public
officer of the government of the Philippines, in furtherance
of his act of treason. Will such act amounting to murder
Page 2
CRIMINAL LAW 2
Page 3
con
fide
ntia
l
nat
ure,
rela
tive
t o
the
def
ens
e of
the
Phil
ippi
nes
The
o ff e
nde
r
can
b e
any
pers
on.
H e
can
be a
Filip
ino
citiz
en,
or a
forei
gner
, or
h e
can
be a
publ
i c
offic
e r
o r
emp
loye
e ,
o r
h e
can
be a
priv
ate
indi
CRIMINAL LAW 2
II.
vidu
al.
1.
Tha
t the
o ff e
nde
r
perf
orm
s
unla
wful
o r
una
utho
rize
d
acts
b y
the
Phili
ppin
e
gov
ern
men
t.
W h
e n
will
the
crim
e of
espi
ona
g e
aris
e?
Under the first mode, the crime of espionage
will arise moment the offender enters the
warship, fort or naval or military establishment
or reservation, without authority if his intention
is to obtain any information, plans,
photographs or other data of a confidential
nature, relative to the defense of the
Philippines.
Page 4
2.
Tha
t the
said
act
prov
oke
o r
give
occ
asio
n
f o r
a
war
invo
lvin
g or
liabl
e to
invo
lve
the
Phili
ppin
e s
o r
exp
ose
Filip
ino
CRIMINAL LAW 2
citiz
ens
t o
repr
isal
s on
their
pers
ons
and
pro
pert
y
whil
e
they
are
in a
forei
g n
cou
ntry.
pea
ce.
3.
H e
i s
not
lega
l l y
auth
oriz
e d
t o
d o
so.
Inci
ting
t o
war
con
note
s
that
ther
e is
yet
n o
war.
It is
com
mitt
e d
i n
time
s of
Page 5
2.
The
com
pete
n t
auth
ority
issu
ed a
CRIMINAL LAW 2
reg
ulati
o n
f o r
the
pur
pos
e of
enfo
rcin
g
neut
ralit
y
amo
n g
Filip
ino
citiz
ens
and
;
3.
The
o ff e
nde
r
viol
ates
suc
h
reg
ulati
o n
imp
ose
d.
Her
e,
ther
e is
war
but
the
Phili
ppin
es
is
not
invo
lved
in
the
said
Page 6
war.
CRIMINAL LAW 2
2. That the offender must be owing allegiance to the
Philippine Government
3. That the offender attempts to flee or go to enemy's
country
4. That going to the enemy country is prohibited by a
competent authority
a.
The
o ff e
nde
r s
eith
e r
AT T
A C
K or
SEI
Z E
the
ves
sel.
3.
The
third
ele
men
t
refe
rs to
the
mod
e of
com
mitti
n g
pira
cy.
Page 7
b.
The
o ff e
nde
r s
eith
e r
SEI
Z E
I N
WH
O L
E or
I N
PAR
T
the
carg
o ,
the
equi
pme
n t
o r
the
pers
onal
belo
ngin
g s
o f
the
pas
sen
gers
o r
m e
mbe
rs of
the
com
ple
CRIMINAL LAW 2
men
t.
Bas
e d
o n
thes
e
ele
men
t s ,
you
will
noti
c e
that
pira
cy is
akin
t o
rob
bery
. It
is in
e ff e
c t
rob
bery
. It
i s
just
call
e d
pira
c y
bec
aus
e
the
obje
ct of
the
thin
g is
eith
e r
the
ves
sel
o r
the
carg
o or
equi
pme
nt of
Page 8
the
said
ves
sel.
The
re is
also
the
use
o f
forc
e or
inti
mid
atio
n .
The
re is
also
the
use
o f
viol
enc
e
agai
nst
pers
ons.
The
re is
also
inte
nt to
gain
.So
it is
akin
,
simil
a r
t o
rob
bery
.
CRIMINAL LAW 2
ARTICLE122 MUTINY
COMMITTED WHEN:
1.The vessel is either on the high seas or on
Philippine waters
2.
The
OFF
E N
D E
R S
are
M E
M B
E R
S
O F
THE
C O
M P
L E
M E
N T
o r
PAS
S E
N G
E R
S
O F
THE
V E
S S
EL
3.
The
o ff e
nde
r s
rais
e a
com
moti
o n
o r
dist
urb
anc
e on
the
boa
r d
the
ship
agai
nst
the
lawf
Page 9
u l
com
man
d of
the
capt
ain
o r
the
com
man
der
o f
the
ship
.
In mutiny, there is no taking because in mutiny there is no
intent to gain. Mutiny is the rising of commotion, a
resistance against the lawful command, against the lawful
authority of the commander or captain of the ship.
Since in mutiny, there is no intent to gain, mutiny is akin to
sedition. The rising of commotion, an uprising, an act of
dissent against lawful authority.
CRIMINAL LAW 2
sel,
they
are
eith
e r
m e
mbe
rs of
the
com
ple
men
t or
pas
sen
gers
o f
the
ves
sel
2.
I n
Pira
cy,
ther
e is
inte
nt to
gain
bec
aus
e it
i s
simil
a r
t o
rob
bery
,
whe
reas
, in
muti
ny,
ther
e is
n o
inte
nt to
gain
bec
aus
e
the
ess
enc
e of
Page 10
the
crim
e is
t o
g o
agai
nst
the
lawf
u l
auth
ority
o f
the
com
man
der
o f
the
ship
.
ILLUSTRATION:
Q: The vessel is on the sea going to Mindoro. So while the
ship is on its way to Mindoro, suddenly there comes a big
storm. The commander or the captain of the ship said that
they should first move towards the shore and let the storm
comes calm in order to ensure the safety of the passengers
of the vessel. The passengers of the vessel and members
of the complement didnt want the decision of the said
captain of the ship and so they seize the captain of the ship
and manned the vessel until they reach Mindoro. What
crime, if any, is committed by these members of the
complement and passengers of the vessel?
A: They are liable of MUTINY. The vessel is on
Philippine waters. The offenders are members of
the complement and they go against the lawful
authority of the captain of the ship. Therefore they
are liable of mutiny.
CRIMINAL LAW 2
and then they boarded a second vessel and off they went.
What crime is committed by the members of the
complement and passengers of the said vessel?
A: The members of the complement and
passengers of the vessel committed ACTS OF
PIRACY because they seize in whole or in part
the cargo or equipment of the vessel but NOT
PIRACY UNDER ARTICLE 122 because in Article
122, it is a requisite that the offenders must be
strangers to the vessel. Here, the offenders are
members of the complement and passengers of
the vessel. So the crime committed is PIRACY
BUT UNDER PD 532.
W h
ere
lies
the
diffe
renc
e?
Sinc
e
Artic
l e
122
o f
R P
C is
the
mai
n
law,
w e
hav
e to
reco
ncil
e it
with
P D
532.
O r
P D
532
mus
t be
reco
ncil
e d
Page 11
CRIMINAL LAW 2
with
Artic
l e
122.
Pira
c y
und
e r
P D
532,
the
offe
nde
r s
can
b e
any
per
son
. He
can
b e
a
stra
nge
r .
H e
can
b e
m e
m b
ers
o f
the
c o
mpl
e m
ent.
Therefore, where does PD 532 apply?
I t
will
appl
y
whe
n
the
offe
nde
r s
are
m e
m b
ers
o f
the
c o
Page 12
mpl
e m
ent
o r
pas
sen
ger
s of
the
ves
sel
and
the
ves
sel
i s
o n
the
Phil
ippi
n e
wat
ers.
CRIMINAL LAW 2
3. W h e n e v e r t h e c r i m e i s
a c c o m p a n i e d b y m u r d e r,
homicide, physical injuries or
rape
Whenever these four
ILLUSTRATION:
Q: What if the vessel is on Philippine waters, and there
comes a second vessel. Four men from the second vessel
boarded the first vessel and at gunpoint, they asked the
passengers to give to them all their valuables. One woman
didnt want to give her wedding ring because it was so
precious to her and so one of the men forcibly took the
wedding ring from the finger such that the finger was
severed from it. What crime is committed?
A: QUALIFIED PIRACY because piracy was
accompanied by physical injuries.
Page 13
QUALIFIED MUTINY
Insofar as mutiny is concerned, what are the
CRIMINAL LAW 2
complement or passengers
of the vessel.
3.
Page 14
4.
CRIMINAL LAW 2
the children might die so there was chaos in the entire
Philippines. It took the members of the military and police
12 hours to subdue X. So after 12 hours, they were able to
arrest X. What crime, if any, may be filed against X?
A: X will be charged of the crime of terrorism
under RA 9372, the Human Security Act of 2007.
Under Section 3 of Ra 9372, terrorism is
committed when the offender commits any of the
following acts punishable under the RPC:
a. Piracy
b. Rebellion
c. Coup dEtat
d. Murder
e. Kidnapping and Serious Illegal
Detention
f. Crimes involving Destruction
Page 15
CRIMINAL LAW 2
2.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE (Articles 124 133)
Page 16
3.
CRIMINAL LAW 2
detention:
a. If the person does not receive
and detained by virtue of a
warrant of arrest.
b. If a person was arrested and
detained under any of the
circumstances for a valid
warrantless arrest
c. If a person was suffering violent
insanity or any illness which
requires compulsory
confinement.
These are the valid ground
ILLUSTRATION:
Q: So if a person, driving his vehicle entered a one way
street and in violation of the LTO rules and regulation, was
stopped by police officer, his license was taken and gave
him a ticket and was bought to the nearest PNP station and
was placed behind bars. He was detained. That was 8
oclock in the morning then the arresting officer left. And on
the afternoon, the police officer returned to the police
station. Upon his arrival, he immediately released the
incarcerated person whom he detained for entering a one
way street. Is the said police officer liable for arbitrary
detention under Article 124?
A: YES, he is liable ofARBITRARY DETENTION.
He is a public officer vested with authority to effect
arrest and detain a person. If he detained the
person, the detention was without legal ground. It
is without legal ground because entering a one
way street and violating the traffic rules and
regulation is not a ground for incarceration. It is
not a ground for a person to be placed behind
bars. If a person committed a violation of traffic
rules and regulation like entering a one way street
or beating the red light, he should only be given a
ticket. There should not even be a confiscation of
license. After that, he should be allowed to leave
but that is not a ground for him to be placed under
detention. Since the officer detained the person
without any legal ground HE IS LIABLE FOR
ARBITRARY DETENTION.
Page 17
CRIMINAL LAW 2
3.
circumstances for a
valid warrantless
arrest. These are the
circumstances referred
to in the second
element of Article 125.
Page 18
to COURTS OF JUSTICES OR
JUDGES OF THE COURTS THAT
HAS THE POWER TO ORDER THE
INCARCERATION OR DETENTION
OF A PERSON OR HIS
TEMPORARY RESTRAIN UPON
P O S T I N G O F A P P R O P R I AT E
COMPLAIN.
The law says that a public officer must deliver the person
arrested to proper judicial authority within:
a. 12 hours, for crimes punishable by light penalties,
or their equivalent
b. 18 hours, for crimes punishable by correctional
penalties, or their equivalent
c. 36 hours, for crimes punishable by afflictive or
capital penalties, or their equivalent
ILLUSTRATION:
Q: What if a person has been arrested Inflagrante Delicto
in possession of an unlicensed firearm. Possession of
unlicensed firearm is punished by a special penal law (P.D.
1866 as amended). Is the arresting officer required to
CRIMINAL LAW 2
deliver the accused to the proper judicial authorities? Does
Article 125 apply even to violation of special penal laws?
A: Yes, because the law says or their
equivalent. 12 hours, for crimes punishable by
light penalties, or their equivalent. That means all
their equivalent refers to their equivalent even in
cases of violation of special penal laws.
Therefore, even if the crime committed or the
crime for which the offender is being arrested is
based on violation of special penal laws, the
arresting police officer has the obligation to deliver
the person arrested to the proper judicial
authorities in consonance with Article 125 of the
Revised Penal Code.
Page 19
ARTICLE127 EXPULSION
Expulsion is committed by public officers or employees who
shall expel any person from the Philippines or who compels
him to change his residence without any lawful authority to
do so.Again, the offender is a public officer or employee
who acts either:
a. By expelling a person from the Philippines
b. By compelling a person to change his
residence
CRIMINAL LAW 2
compels him to change his residence without
lawful authority to do so because there are
persons who have been authorized by law to
deport a person from the Philippines or to compel
a person to change his residence.
3.
domicile:
I.
By entering any dwelling against the will
of the owner thereof; or
II.
By searching papers or other effects
found therein without the previous
consent of such owner; or
III. By refusing to leave the premises, after
having surreptitiously entered
Page 20
1.
-
2.
2.
3.
-
CRIMINAL LAW 2
-
secretly, candidly.
Therefore, it is important that he mus-t refuse to leave
after being discovered and asked to leave in order to
amount to violation of domicile.
Mere surreptitious entering will not bring about
violation of domicile.
ILLUSTRATION:
Q:What if the door of the house was opened, a police
officer without being armed with a search warrant, entered
the door of the house and went up to the sala. The owner
of the house saw him and asked him to leave, and he left.
Is he liable for violation of domicile?
A: He is not liable for violation of domicile.
When the door of the house is open, there is no
prohibition; there is no opposition from entering.
Anybody may enter even without a search
warrant; therefore, since there is no prohibition or
opposition from entering, violation of domicile
cannot be committed under the first act. Under the
second act, it cannot be committed because he
did not conduct the search. The third act also not
done because the entering of the house is not
done surreptitiously.
Q: The door of the house was closed, but it was not locked.
A police officer without a search warrant opened the door,
realizing it was not locked, entered the house and went up
to the sala intending to conduct the search. Before he could
conduct the search, the owner of the house saw him, and
told him to leave and he left. Is he liable for violation of
domicile?
A: Yes. He is laible for violation of domicile.
Even if he left the said place upon being told to do
Page 21
Q: In the same problem, when they told the owner that they
were conducting a search for the stolen car stereo, the
owner of the house said, No, you cannot conduct a
search. There is nothing stolen inside my house but the
police officers proceeded with the search.
A: This time, they are liable for violation of
domicile because they made a search without the
previous consent of the owner under the second
act of Art. 128
CRIMINAL LAW 2
committed through:
I.By procuring a search warrant without just
cause
When a public officer or employee
conducts a search and the search
warrant was an illegally procured
search warrant. It was procured
without just cause.
Page 22
1.
2.
3.
4.
5.
6.
of the house?
The owner of the house has the following
remedies:
1. He can file a motion to quash the
said warrant
2. He can file a motion to suppress the
evidence that have been confiscated
inside the house.
In addition to these motions, he can file a
case of violation of domicile against
the said public officer who conducted
the search. Violation of domicile under
Art. 129 because he procured the said
search warrant without just cause.
So in other words, the said police officers
must be allowed to enter and allowed
to conduct the search and the owner of
the house shall have the
abovementioned remedies thereafter.
CRIMINAL LAW 2
ILLUSTRATION:
A search warrant was dated Dec. 1, a police officer
received it on Dec 3. The search was conducted Dec. 13.
The said search warrant is already invalid.
When they conducted the said search on Dec. 13,
they already exceeded the authority in the said
search warrant. Therefore, they are liable of
violation of domicile under Article 129.
Page 23
CRIMINAL LAW 2
I.
By conducting a search in the absence of the
owner of the house, or any member of his
family, or two witnesses residing in the same
locality
ILLUSTRATION:
Q: What if under Article 130, violation of domicile is
committed when the search was conducted in the absence
of the owner of the house, or any member of his family or
two witnesses residing from the same locality.
A search warrant was issued against X and the police
officers went to the house of X. They showed the search
warrant to X and they were allowed inside to conduct the
search. In conducting the search, the search was
witnessed by 2 barangay tanods who came with them, who
arrived with them in the house of X. in the conduct of the
search, they told the owner of the house, X, that his wife
and his two children to remain in the sala while they
conduct the search inside the bedroom of X. In conducting
the search in the bedroom of X, the search was witnessed
by 2 barangay tanods and they found 2 plastic sachets of
shabu underneath the pillow inside the bedroom of X. Are
the police officers liable of violation of domicile under Article
130? Are the evidence seized admissible against the
owner?
A: The police officers are liable of violation of
domicile under Article 130.
Article 130 provides for an hierarchy of witnesses
who must be present in the conduct of the search.
The law says it must witnessed by the owner of
the house, it is only in the absence of the owner of
the house that it must be witnessed by any
member of his family. It is only in the absence of
the owner of the house or any member of his
family that there must be 2 witnesses residing
from the same locality.
In the problem, the owner of the house was
there, the members of his family were there
but, they were not allowed to witness the said
search. Therefore, the said search was
conducted in violation of Article 130 and any
evidence confiscated will be inadmissible
against the owner of the house for being fruits
of poisonous tree under the exclusionary rule in
Political Law
Page 24
ILLUSTRATION:
Q: So what if there is a barrio fiesta and the priest is about
to celebrate the mass. Here comes X and he went to the
CRIMINAL LAW 2
priest and point the gun to the priest. Then the priest was
about to celebrate the mass. At first the priest did not mind
him. But X intentionally pointed the gun to the head of the
priest and said, I will kill you if you will celebrate the mass!
So the priest did not celebrate the mass and all the faithful
went out of the church. What crime if any is committed by
X?
A: X is liable for interruption of religious
worship under Article 132. What about the fact
that he pointed a gun at the head of the priest?
Would it constitute a separate and distinct crime of
grave threats? It will not. The fact that threats
were employed in the commission of the crime
would only mean the penalty will be imposed in its
maximum period.
It would be considered an
aggravating circumstance in committing the crime
of interruption of religious worship. BUT, IT WILL
BRING ABOUT A SEPARATE AND DISTINCT
CHARGE FOR GRAVE THREATS OR EVEN
UNDER LIGHT THREATS.
3.
Page 25
ILLUSTRATION:
Q: So what if X (A private individual) entered a catholic
church after that the tabernacle was opened and he took
out the chalice and inside the chalice was the host which
was being received by Catholics during communion. He
poured the host in the floor then he destroyed them, spit on
them and stepped on them. Is he liable under Article 133?
A: YES. The act he performed is notoriously
offensive to the feelings of the Catholics. If the
same act is done to the object of veneration of the
Buddhists or if the same act is done to the object
of veneration of the Muslims, they will also be
offended. Therefore, it is notoriously offensive to
the feelings of the faithful because even if it is
applied to other religions they would be offended
too. And it was done in a place devoted to
religious worship because it is done inside the
church even if no religious ceremony is ongoing.
CRIMINAL LAW 2
element is not present even if it offends religious
feelings, he cannot be held liable under Article 133
for the absence of the 3rd element.
TITLE THREE
CRIMES AGAINST PUBLIC ORDER (Articles
134 160)
COUP DETAT
Dinty | Manalo | Navarez | Shyu | Tubio
Page 26
CRIMINAL LAW 2
THE PARTICIPANTS Any member of the Government
who
(a) participates
(b) executes the commands of others in undertaking a coup
detat
ENRILE v SALAZAR
Senator Juan Ponce Enrile was charged with the Following
crimes:
1. charged with Rebellion
2. charged with multipleMurder
3. Multiple frustrated murder
4. violation of PD 1829 obstruction of Justice because
he harbored or concealed then Colonel Gregorio
Honasan.
ILLUSTRATION:
Q: What if a police officer was on his way to the office,
suddenly here comes a member of the NPA, he saw the
police officer and shot him. What crime is committed? is it
Rebellion or murder?
Rebellion can only be absorbed common
Page 27
GONZALES v ABAYA
Senator Trillanes and company was charged with 2 crimes,
coup detat in the RTC of Makati and the violation of articles
of war, particularly acts of unbecoming of an officer and a
gentleman filed before the military court. While the case
was pending in the RTC of Makati, the lawyer filed a
petition, a motion, saying that the violation of the articles of
war should be absorbed by the case filed before the RTC of
Makati. Can Coup detat absorb the violations of article of
war?
The Supreme Court ruled in the NEGATIVE.
According to the Supreme Court, for the theory of
absorption to apply, it is necessary that both
cases must be heard or may be heard before
the same civilian court.
In this case, the coup detat must be heard in a
civilian court, RTC of Makati, whereas the
violations of the articles of war can be heard
only before a military court. Therefore, one
cannot absorb the other.
Second reasoning given by the Supreme Court,
for the theory to absorption to apply, it is
necessary that both crimes are punished by the
same penal statute
Third reasoning, violation of the articles of war is
sui generis. It is a kind of its own. Nothing
compares to it. Therefore, it cannot be
absorbed by any other crime.
CRIMINAL LAW 2
rebellion) and decide to commit it.
There is PROPOSAL TO COMMIT REBELLION
when a person who decides to commit rebellion
proposes its execution to another person it is
necessary that the other person would not agree,
if that person agree, then it is already conspiracy
to commit rebellion
Conspiracy is a bilateral act which involves two or
A R T I C L E 1 3 8 I N C I T I N G TO R E B E L L I O N O R
INSURRECTION
Inciting to Rebellion is a crime under the Revised Penal
Code.
ELEMENTS:
1. It is committed by any person who does not take
up arms or is not in open hostility with the
Government
2. he incites others to uprise for any of the purposes
of rebellion (incite others to the execution of any of
the acts of rebellion)
3. by means of speeches, proclamations, writings,
emblems, banners or other representations
tending to the same end.
There is NO SUCH CRIME AS INCITING TO COUP
DETAT.
Page 28
SEDITION
CRIMINAL LAW 2
speeches, proclamations, writings, emblems,
etc.
II.Uttering seditious words or speeches which tend
to disturb the public peace
III.Writing, publishing or circulating scurrilous libels
against the Government, or any of the duly
constituted authorities thereof, which tend to
disturb the public peace.
ILLUSTRATION:
Q: So if a son had an argument with his father, in the
course of the argument with his father, the son killed the
Page 29
CRIMINAL LAW 2
ILLUSTRATION:
Q: So what if there is a meeting of the Sangguniang
Panlungsod. It was being presided by the Vice Mayor as
the presiding officer of the city council. During the session
of the SangguniangPanlungsod, here comes the mayor
together with some police officers. They entered the
session of and disturbed and prevented the said meeting
by force. What crime, if any, was committed?
A: It is the violation of Article 143 ACTS
TENDING TO PREVENT THE MEETING OF
CONGRESS AND SIMILAR BODIES.
Page 30
ILLUSTRATION:
Q: The FREEDOM OF INFORMATION BILLwas on the
committee level. It was votation time. On the right side of
the said place or meeting, there were some observers or
people who were coming from the media. On the left side,
there were ordinary people who do not agree on the
freedom of information bill. It was time to vote for the
passage of Freedom of Information bill, the members of the
committee were voting when suddenly some members of
the media immediately pulled out a placard and shouted:
YES TO FREEDOM TO INFORMATION BILL!Are they
liable of any crime?
A: YES. They are liable of disturbance of
proceedings under Article 144. Because while
in the presence of the said meeting, they behaved
in such a manner as to interrupt the proceedings,
or impair the respect due it.
anyone (private
individual, public officer
or employee)
2.
CRIMINAL LAW 2
ILLUSTRATION:
Q: How about in the case of Panfilo Lacson?
A: The case against Sen. Lacson was fortunately
dismissed by the Court of Appeals. But let us say,
it is not dismissed by the Court of Appeals, he was
being charged of double murder Dacer-Corbito
double murder slay. He went into hiding. Let us
say that he made his appearance. Can he be
arrested even if the Congress is in regular or
special session? YES. Because the crime
committed by him is punishable by a crime
committer higher than prision mayor. It is
punishable by reclusion perpetua. Therefore, had
it not been dismissed by Congress and he
apparently appeared and the Congress is in
regular or special session, he could be arrested.
Page 31
CRIMINAL LAW 2
Page 32
ILLEGAL
ASSEMBLY
ILLEGAL
ASSOCIATION
Act of forming or
organizing and
membership in the
association are the acts
punished
ILLUSTRATION:
CRIMINAL LAW 2
Q: So what if A, B and C gathered 20 persons and
proposed to them the idea of committing simultaneous
bank robbery all over Metro Manila, so they will commit
robbery in 4 banks simultaneously. So these 20 men
agreed to the said commission of bank robbery, and after
they have come to the agreement, here comes the police,
the police got a tip from an informer, the police arrived and
they were all arrested. What crime or crimes if any should
they be charged of?
A:They could not be charged of any crime.
There is no such thing as conspiracy to commit
robbery. Because in robbery, robbery is only a
mode of committing the crime, it is not a crime by
itself, unlike in case of treason, rebellion, there is
such a crime of conspiracy to commit treason,
conspiracy to commit rebellion, and they are
punished by such acts. There is no such crime as
conspiracy to commit robbery. So here, conspiracy
is a mere preparatory act which is not yet
punishable by law. For them to be punished, it is
necessary that they must at least perform an overt
act directly connected to bank robbery. So here,
they just merely conspired to commit robbery
without the performance of any overt act directly
connected to robbery. Hence, they are not
criminally liable. What they did is only a
preparatory act not directly connected to robbery.
Q: Why not illegal assembly?
A: Because in the problem, it is not mentioned
that the persons were armed. Also, the crime of
bank robbery is not among the crimes mentioned
in the second act.
Q: Why not illegal association?
A: Because what they did was only a mere
meeting, it was not an organization or association.
Therefore, they are not liable of any crime.
-
Page 33
CRIMINAL LAW 2
I.
ELEMENTS:
1. T h e o f f e n d e r e m p l o y s f o r c e o r
intimidation
2. AIM of the offender is to attain any of the
purposes of the crime of rebellion or any
of the objects of the crime of sedition
Page 34
3.
II.
ELEMENTS:
1. The offender
a. Makes an attack,
b. Employs force,
c. Makes a serious intimidation, or
d. Makes a serious resistance
If the offended party is a
person in authority, the
attack or the employment of
force need not be serious
because under Article 148, the
mere act of laying of hands in
the person in authority is
already qualified direct assault.
Therefore, the mere act of
pushing a person in authority is
already qualified direct assault
because the offender already
laid hands upon a person in
authority. Hence, it need not be
s e r i o u s . H o w e v e r, i f t h e
offended party is a mere
agent of a person in
authority, it is necessary that
the employment of force must
be serious. The reason is that
in order to show defiance of
law against a mere agent of
person in authority, it is
necessary that the attack or
force employed must be
serious in nature.
If what has been done is
intimidation or resistance, to
amount to direct assault, it
must always be serious
whether the offended party is a
person in authority or a mere
agent of a person in authority.
2.
CRIMINAL LAW 2
2.
3.
4.
3.
Page 35
4.
5.
CRIMINAL LAW 2
1.
2.
person in authority.
Any of these three circumstances will qualify direct assault.
3.
1.
2.
ILLUSTRATION:
Q: What if the city mayor attended the flag ceremony. It
was a mandate. So there was this flag ceremony attended
by the city mayor. After the flag ceremony, the mayor went
to the platform and was making an announcement to the
Page 36
CRIMINAL LAW 2
Q: What if in the same problem, here comes X, the mayor
was coming out of the church, X shot the city mayor. Now X
happened to be a former gardener who was dismissed
from the service of the household because he performed a
wrongful act while gardening. Therefore his reason was a
personal vendetta. What crime is committed by X?
A: X committed a crime ofMURDER. Obviously,
there was treachery on the part of X.
It is not direct assault because the mayor was
not engaged in the performance of his official duty
and the reason behind the assault was personal
vendetta. Therefore it cannot be said that the
attack was on occasion of such performance of
official duty.
Page 37
CRIMINAL LAW 2
b. INDIRECT ASSAULT under Art 149. An agent
of a person in authority was the victim of direct
assault. A person came to his aid who is the
pedestrian. When the pedestrian came to the aid
of this agent of person in authority, he did not
become an agent of a person in authority under
Art 152 because under Art 152, a person would
only become an agent of a person in authority if
he came to the aid of a person in authority. Here,
the pedestrian merely came to the aid of an agent
of a person in authority who is the police officer.
Therefore, when the pedestrian came to the aid of
the police officer, he did not become also an agent
of a person in authority; as such, the crime
committed is INDIRECT ASSAULT. When the
pedestrian came to the aid of the police officer,
force and intimidation were employed against him
so the crime committed by the owner of the
vehicle against the pedestrian is indirect assault.
Are you going to complex it to the crime
Page 38
CRIMINAL LAW 2
attending as a witness. He prevented
another person in attending as a witness
in such legislative or constitutional body
hearing.
ILLUSTRATION:
Q: What if there is this committee hearing, an investigation
about anomalous transactions entered into by a former
officials of the DENR. While the said official received the
summons, he failed to appear because he was at St.
Lukes. He was confined because he was suffering from
hypertension. Can he be held liable under Art. 150?
A: He cannot be held liable because he has a
legal excuse to attend or to obey the summons
issued by the Congress. The moment that there is
a legal excuse, the crime will not arise BUT if his
measure is without any legal excuse NOTE that
aside from violation of Art. 150, he can also be
held liable or cited for contempt by the said
committee of Congress and usually when cited for
contempt, he is placed in detention in the Senate
Blue Ribbon Committee.
Page 39
ILLUSTRATION:
Q: What if the mayor has a project, a cleaning act
operation in order to prevent dengue. So they were
cleaning up the canals. While the mayor was cleaning up
the canals together with other city hall employees, here
comes Mang Pedro who had taken beer and was a little
tipsy. So the went there and was shouting and making
noise, disturbing the people who were busy cleaning up the
canals. And so the police officer cleaning told Mang Pedro
to go home because he was disturbing the cleaning up
operation. Mang Pedro, instead of going home, merely sat
nearby the canal being cleaned by the people. What crime,
if any, did Mang Pedro commit?
A: Mang Pedro committed SIMPLE
DISOBEDIENCE UNDER ARTICLE 151 par 2.
Article 151, second paragraph, simple
disobedience is committed when an agent of a
CRIMINAL LAW 2
person in authority is engaged in the performance
of official duty or gives a lawful order to the
offender, that the offender disobeys and such
disobedience is not of serious nature. In the
problem, it was the police officer, an agent of a
person in authority, who gave the order to Mang
Pedro and Mang Pedro disobeyed him but such
disobedience was not serious in nature because
he merely sat nearby the canal; therefore there
was no showing that such disobedience is serious
in nature so the crime committed is simple
disobedience.
mayor?
If the original motive is to assault the
Page 40
CRIMINAL LAW 2
Page 41
ILLUSTRATION:
Q: What if since RH Bill was enacted into law, there was a
huge rally at the EDSA Shrine which was initiated by the
members of the CBCP. They were against this law and they
encouraged the people to file a case before the Supreme
Court questioning the constitutionality of the said law. At
first, the head of the CBCP spoke then after him another
person, a private individual spoke, the head of the
organization spoke and he kept on attacking and attacking
the President. He said that the President bribed the
members of the Congress in order to pass this bill so he
kept on attacking and attacking the President. One of the
police officers, who was assigned to maintain the peace
and order in the place, heard the attacks against the
President. This Police Officer was indebted to the President
he owed his position to the President. He went straight to
the person talking against the President and told him to
stop. When he didnt stop, the Police Officer fired shots in
the air and the people scampered away and the peaceful
meeting/gathering was dissolved/ interrupted. What crime
was committed by the Police Officer?
A: The crime committed by the Police Officer
is not Art 153 but Art 131.Because the
distinctions lie in this case. First, the said Public
Officer, a Police Officer is not a participant in the
said meeting. He is a stranger, an outsider in the
said meeting. Second, his only purpose is to
prevent the said person in freely exercising his
freedom of speech and expression, it is his right to
express his anger against the President yet the
said person prevented him in exercising such
freedom of Speech and expression therefore the
Police Officer is liable under Art 131 and not under
Art 153.
CRIMINAL LAW 2
the MRT and the LRT. One of the participants therein, one
of the persons therein went to the platform and took the mic
and then he incite the people, induced the people to go to
the streets, uprise, rebel against the government, to
overthrow the government. What crime was committed?
A:The crime committed was inciting to
rebellion.
Page 42
CRIMINAL LAW 2
II.Instigating or taking an active part in any charivari
or other disorderly meeting offensive to
another or prejudicial to public tranquility.
Charivari includes a medley of
ILLUSTRATION:
Q: In a public park, there were so many people here comes
X. X went in the middle of the park and fired shots in the
air. The people were so afraid they scampered away. What
crime is committed?
A: Alarms and Scandals under Art 155. His act
can cause damage to public peace and tranquility.
Page 43
CRIMINAL LAW 2
ILLUSTRATION:
Q: Lets say A is a prisoner convicted by final judgment. He
is serving his sentence in Muntinlupa. B his friend visited
him. B was a rich man. He planned As escape on his
birthday. He did this by talking to the jail warden custodian.
B the friend gave the jail warden custodian P500,000.00.
He gave bribe to the jail warden custodian to allow A his
friend to escape at that night. He also went to the guard at
the entrance gate of the New Bilibid Prison and gave the
guard P100,000.00, also to allow his friend to leave at that
night. That night, A escaped and left the penal institution.
He went to the house of another friend who harbored him
Page 44
CRIMINAL LAW 2
ILLUSTRATION:
Q: You often read in the newspapers, heard over the
radios, watch on TV, 5 prisoners escaped from the
Caloocan city jail, 10 prisoners escaped from Palawan
Provincial Jail. Did they commit evasion of service of
sentence?
A: No. These persons did not commit evasion of
service of sentence under art 157 because they
are merely detention prisoners. For evasion of
sentence to arise, the prisoner who has escaped
must be a prisoner convicted by final judgment.
Under Art 157, the said prisoner the said prisoner
must be serving which involves deprivation of
liberty and he escapes during the service of his
sentence by evading the service of sentence.
Page 45
ILLUSTRATION:
Q: What if there was this earthquake, X was a prisoner
convicted by final judgment. Everything was shaking and
because of the earthquake, X escaped the penal institution.
He went to the house of his mother. That night while
watching the television, he saw the president announced/
declared that the calamity had already ceased/passed
CRIMINAL LAW 2
away. Within 48hrs he returned. What is the effect on his
criminal liability?
A:If the said convict escaped and returned to
the proper authorities within 48hrs; there shall
be a credit or a deduction from his sentence.
There is 1/5 deduction/credit from his sentence.
Under Art 98 this is special time allowance for
loyalty. He was too loyal to the government that
even if he already left the penal institution he still
returned; such kind of loyalty must be rewarded.
Q: Why those who are loyal to the government and did not
leave the penal institution be not given credit? Isnt it
unfair?
A: The reason is that prisoners are considered as
accountabilities of the government. It is the duty of
the government to protect the prisoners. In times
of calamities or public disorders, the state cannot
protect these prisoners therefore the State
encourages them to leave inorder to protect
themselves. But important thing is that they show
their loyalty to the government hence they will
return.
Page 46
Who is a quasi-recidivist?
A quasi-recidivist is any person who shall commit
TITLE FOUR
CRIMINAL LAW 2
CRIMES AGAINST PUBLIC INTEREST (Articles 161
189)
3.
I.
Forging the Great Seal of the Government of the
Philippines.
II. Forging the signature of the President.
III. Forging the stamp of the President.
Art 161 is the crime when the person is the one who
committed the forgery, but if the offender is not the one
who forges the great seal, signature but he knows that
the document contain a forge stamp, signature of the
President and despite such knowledge that it was a
forgery he makes use of the same, liability is under
162.
ILLUSTRATION:
Q: In an official document, the signature of the President
was forged by A then it was given to B. B knew that it was a
forgery nevertheless he made use of the same. What crime
was committed?
A:A committed a crime under 161. And B
committed a crime under 162.
When is it committed?
A. Counterfeiting (imitation of false coins)
Page 47
ILLUSTRATION:
Q: A is in possession of a coin which was of legal tender
during the time of Marcos in 1972. It was a proven genuine
coin. He copied the said coin and made a spurious one out
of it. Is he liable under Art 163?
A: Yes he is liable for making and importing and
uttering false coins under Article 163.
I.
Mutilating coins of the legal currency, with the
further requirement that there be intent to damage
or to defraud another.
CRIMINAL LAW 2
II.
ILLUSTRATION:
Q: There were 3 children/adults. They were playing karakrus. So they toss the coin, however before doing that, they
would scratch the coin on the steel therefore the metal
content of the coin is diminished. Can they be held liable
under Art 164?
A: No. because there was no intent to gather the
metal dust of the said coin.
Can they be held liable of any crime?
247
I.
Possession of coin, counterfeited or mutilated by
another person, with intent to utter the same,
knowing that it is false or mutilated.
ELEMENTS:
1. Possession,
2. With intent to utter, and
3. Knowledge
Under the first act, the offender is in
Page 48
II.
ILLUSTRATION:
Q: What if A is under surveillance, reports came to the
police that he had been circulating false coins. A went to
the bakery store, he bought bread worth P 50.00. He gave
the store owner 5 P 10.00 counterfeited coins. Thereafter,
after giving the counterfeited coins, he immediately left. The
police arrived and A was gone and it was the owner of the
store who is left. The police officer asked the owner of the
store to open the cash bin. There they saw the 5 P 10.00
coins which were counterfeited. They arrested the owner of
the store. Is the owner of the store liable under Art 165?
A:No he is not liable of selling of false coins or
mutilated coins, without connivance under Article 165.
First, he was caught in possession.
Was there possession?
CRIMINAL LAW 2
has no knowledge that the coins are
counterfeited. In fact he gave bread
worth P 50.00. He was also deceived. If
he had only known that the coins were
counterfeited, he would not have given
bread worth P 50.00.
Therefore, he may not be held liable
because also he is in possession, and he
has the intent to utter the coins; he does
not have the knowledge that the said
coins were counterfeited.
Page 49
ILLUSTRATION:
Q: So what if A was found outside the building of the LTO
office. He was carrying falsified unfilled-out/up forms of
drivers license. It was distinct, it was falsified, it was not
the real drivers license form. He was arrested by the NBI.
Can he be held liable for falsification of a public document?
CRIMINAL LAW 2
A: A merely committed violation of Article 176
that is mere possession of instrument or
implements for falsification, but not yet falsification
of a public document.
2.
3.
4.
Page 50
3.
CRIMINAL LAW 2
j.
4.
k.
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 the
falsification may affect the civil status of persons.
EXPLANATIONS:
1. The offender is a public officer, employee, notary
public or an ecclesiastical minister.
If the offender is an ecclesiastical
3.
Page 51
II.
III. AT T R I B U T I N G T O P E R S O N S W H O H AV E
PARTICIPATED IN AN ACT OR PROCEEDING
STATEMENT OTHER THAN THOSE IN FACT MADE
BY THEM
So under the third act, persons participated in
CRIMINAL LAW 2
SangguniangPanglungsod and he made it appear
that the 2 councilors stated that the said ordinance
is contrary to law and in truth and fact, they did not
made those statements. So the said secretary is
liable for falsification.
requires:
i.That the offender makes in a document
untruthful statement in a narration of
facts;
ii.That he has legal obligation to disclose
the truth of the facts narrated by him
iii.The facts narrated by the offender are
absolutely false
iv.The untruthful narration must be such as
to effect the integrity of the document
and that the offender does so with the
intent to injure or prejudice another
person
Page 52
2 ACTS:
i.
The offender makes an alteration
ii.
The offender makes an intercalation in a
genuine document which changes its
meaning
ALTERATION changes in a document
INTERCALATION there must be some
insertion made in the said document, in a
genuine document that changed the meaning
of the said document
ILLUSTRATION:
Q: What if a notary public issued a deed of absolute sale
and he said that it is an original copy of a deed of absolute
sale between A and B. A selling his property to B, but in
truth and in fact, no such deed of absolute sale was
executed between A and B. Is the notary public liable?
A: YES. He is liable under the second act of
falsification in the seventh act of the 3rd element in
Art. 171.
A R T I C L E 1 7 2 FA L S I F I C AT I O N B Y P R I VAT E
INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS
THREE PUNISHABLE ACTS/FELONIES?
CRIMINAL LAW 2
Falsification of a public, official or commercial
document by a private individual
So in case of FALSIFICATION OF A PUBLIC,
I.
II.
III.
I.
Uttering fictitious, wireless, telegraph or
telephone message
II.
Falsifying wireless, telegraph or
telephone message
III. Using such falsified message
Page 53
offender is a PHYSICIAN
OR SURGEON who
issues a false medical
certificate in the practice
of his profession, he
becomes liable under Art.
174.
Likewise, Art. 174
punishes a PUBLIC
OFFICER who issues a
false certificate of merit,
service or good conduct,
moral character, etc.
And, under Art. 174, ANY
PRIVATE INDIVIDUAL
who falsifies a medical
certificate or certificate of
merit or service or good
conduct shall be also
criminally liable.
T h e o ff e n d e r i s t h e
ILLUSTRATION:
Q: So what if the defense counsel is about to present his
witness. The witness is a person who was present in the
scene of the crime who actually saw the incident that is
according to the defense counsel. However, on the date of
the said hearing, the said witness failed to appear, the
defense counsel said to the judge: Your Honor, my witness
is in the hospital, he cannot even get out of bed. He is very,
very sick. The judge, however, was doubtful of the said
manifestation of the defense counsel and so the judge told
the defense counsel: Okay, let him appear in the next
hearing and make sure that he brings with him a medical
certificate to show that indeed he can testify in this hearing.
With that, the defense counsel informed the witness of the
CRIMINAL LAW 2
said order of the court. The said witness was in that time,
healthy, it is just that he was too afraid to testify. However,
in the next hearing, he is deemed required to produce a
medical certificate showing that he was bedridden. And so,
he went to his medical doctor. He asked the doctor to issue
a medical certificate saying that he was very, very sick and
that he could not get out of bed on the said date. The said
doctor issued the said medical certificate and then his
witness appeared on the second hearing and presented
him to the court. It was submitted to the records of the
court. What crime or crimes is/are committed by doctor or
the physician as well as by the witness?
Page 54
ILLUSTRATION:
Q: What if an administrative case was filed against the
mayor before the Office of the Ombudsman. During the
investigation of the case, the Ombudsman preventively
suspended the mayor for a period of six months. The DILG
implemented the suspension order and the vice-mayor was
made the acting mayor. However, upon advice of his
counsel, the suspended mayor began working, began
performing the acts of being a mayor after 90 days of
preventive suspension. That is because according to his
counsel, he can only be suspended for a period of 90 days.
So on the 91st day of his suspension, he again began
assuming the function of a mayor. He signed documents,
he issued memorandum, etc. as the city mayor. Is he liable
under Article 177 for usurpation of official function?
A: Yes, he is liable for usurpation of official
function under Article 177. The reason is that he
is still under preventive suspension. Unless and
until it is lifted by the Ombudsman and the said
lifting was implemented by the DILG, he remains
to be a suspended mayor. And for having acted,
for having performing an act pertaining to the
office of a mayor, he is said to be committed a
violation of Article 177, usurpation of official
function.
CRIMINAL LAW 2
MMDA, pertaining to a traffic enforcer. Is the said man
liable for usurpation of official function?
A: NO. While the man performed however he did
not do so under pretense of official position and
without being lawfully entitled to do so. There was
no intent on his part to falsely represent himself as
to be in that position. There was no false pretense
of official position therefore he cannot be held
liable under Article 177 or usurpation of official
function because his act was only done out of
pacific (promote peace; to end a conflict) spirit to
help ease the said traffic.
I.
USING FICTITIOUS NAME
Committed by any person who shall
Page 55
CESARIO URSUA v. CA
The said accused made use of a different
PEOPLE v. ESTRADA
CRIMINAL LAW 2
Page 56
ILLUSTRATION:
Q: What if a person was wearing a uniform. So he said that
it was a uniform of a certain organization known as H world
but in fact, no such organization ever existed. Is he liable
under Article 179?
A: No, he is not liable of Illegal use of insignia,
uniform or dress Article 179. The reason is that
H world does not belong to any office, doesnt
refer to a class of persons; therefore, he is not
liable under Article 179.
CRIMINAL LAW 2
ELEMENTS:
1. That there be a criminal proceeding
2. That the offender testifies falsely under oath
against the defendant therein.
3. That the offender who gives false testimony
knows that it is false.
4. That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment. (People v.
Maneja)
ILLUSTRATION:
Q: What if A is being prosecuted for the crime of homicide,
for having killed the victim. So while he is being
prosecuted, the fiscal presented a witness. This witness
was also brought in by the heirs of the victim. The heirs of
the victim said that the witness saw the said act of killing.
The fiscal believed and the fiscal presented the said
witness. The witness however was not present at the scene
of the crime but in his testimony the witness said that he
was present at the scene of the crime and that he actually
saw the accused stabbing the victim to death. The
accused, A knew that the witness was testifying falsely
because he knew that at the scene of the crime, it was only
he and the victim who were present. After trial on the
merits, the judge, acquitted the said accused A. In other
words, the judge did not give weight to the testimony of the
false witness. Can A still file a case against the false
witness?
Page 57
CRIMINAL LAW 2
accused. Can the private complainant, the heirs of the
victim, immediately file a case of false testimony against
the witness right after the giving thereof?
A: Yes, because in case of false testimony in
favor of the defendant, the penalty of the false
witness is not dependent on the penalty to be
imposed on the said accused or defendant.
ARTICLE183 PERJURY
PERJURY is the willful and deliberate
Page 58
ILLUSTRATION:
Q: What if X made a false statement in a criminal
proceeding, what crime is committed?
A: The crime committed is FALSE TESTIMONY.
CRIMINAL LAW 2
H O W A B O U T T H E D I F F E R E N C E O F FA L S E
STATEMENT AND PERJURY?
If the false statement is made in a judicial
Page 59
CRIMINAL LAW 2
185
I.
SOLICITING GIFT OR PROMISE
By soliciting any gift or promise as a
consideration for refraining from taking
part in any public auction.
The mere act of soliciting any gift or promise,
so that he will refrain from taking part of
the public auction, will already give rise to
the crime. It is not necessary that he
actually received the gift, it is not
necessary that he actually will not
participate in the said auction.
ELEMENTS:
1. There be a public auction.
2. The accused solicited any gift or a
promise from any of the bidders.
3. That such gift or promise was the
consideration for his refraining from
taking part in that public auction.
4. The accused had the intent to cause
the reduction of the price of the thing
auctioned.
II.
Page 60
I.
C O M B I N AT I O N TO P R E V E N T F R E E
COMPETITION IN THE MARKET
This is committed by any person who shall
enter into any contract or agreement or
taking part in any combination whether in
the form of trust or otherwise, in restraint
of trade or commerce or to prevent by
artificial means free competition in the
market.
II.
M O N O P O LY T O R E S T R A I N F R E E
COMPETITION IN THE MARKET
This is committed by monopolizing any
merchandise or object of trade or
commerce or by combining with any
other person or persons 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.
III. M A N U FA C T U R E R , P R O D U C E R , O R
PROCESSOR OR IMPORTER COMBINING,
CONSPIRING OR AGREEING WITH ANY
PERSON TO MAKE TRANSACTIONS
PREJUDICIAL TO LAWFUL COMMERCE
CRIMINAL LAW 2
OR TO INCREASE THE MARKET PRICE
OF MERCHANDISE
ILLUSTRATION:
Q: What if Petron, Caltex and Shell connived, combined
and agreed with one another to hoard fuel. They know that
the fuel prices will increase by March and so they decided
to hoard it. Can they be held liable under Article 186?
Juridical corporations cannot be the subject of
Page 61
TITLE FIVE
CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS
CRIMINAL LAW 2
present:
Note that the second element only requires the
crime must be established. The corpus delicti and
the price must be established. It does not require
that there must be giving of the price/money. It
suffices that the crime was established.
Page 62
CRIMINAL LAW 2
A: He can be prosecuted for delivery of
dangerous drugs however it is a defense on his
part that he has no knowledge that the thing he is
delivering is dangerous drugs because under RA
9165, delivering has been defined as the act of
knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with
or without consideration. Therefore it is necessary
that the one delivering dangerous drug must have
the knowledge of the thing that he is delivering is
dangerous drug.
Page 63
3.
S E C T I O N 11 I L L E G A L P O S S E S S I O N O F
DANGEROUS DRUGS
ELEMENTS OF POSSESSION OF ILLEGAL
DRUGS:
CRIMINAL LAW 2
3.
Page 64
2.
3.
CRIMINAL LAW 2
have been confiscated or in the
presence of his counsel, a
representative from the media, a
representative from the Department
of Justice, and an elected public
official who shall be given a copy of
the said inventory and who shall be
required to sign the same.
Procedure:
1. Upon seizure/ confiscation of dangerous drugs,
the same must be stated in the inventory list.
2. There must be a picture taking of the dangerous
drugs in the presence of the accused or from the
person whom the dangerous drugs have been
confiscated or in the presence of his counsel, a
representative from the media, a representative
from the Department of Justice, and an elected
public official.
3. The elected public official must be required to sign
the inventory list and shall be given a copy of the
same.
Gutierrez)
It is defined as the duly recorded authorized
Page 65
substitution of evidence.
Dangerous drugs are so small. There can be
a replacement of the effects therefore this
Chain of Custody rule will ensure that there
will be no substitution of the very same
dangerous drug seized/confiscated from the
accused at the time that they were presented
to the court.
CRIMINAL LAW 2
1.
2.
3.
4.
5.
Page 66
TITLE SIX
CRIMES AGAINST PUBLIC MORALS (Articles 200
202)
ILLUSTRATION:
Q: So let us say that A and B are boyfriend and girlfriend
and it is their anniversary. They went to Luneta Park and at
CRIMINAL LAW 2
exactly 12 midnight, in the middle of Luneta Park, they
engaged in sexual intercourse. No one witnessed their
sexual intercourse. Are they liable for grave scandal?
A: YES. They are liable for grave scandal. They
have the right to engage in sexual conduct but the
fact that they performed the sexual conduct in
Luneta Park, a public place makes the act
offensive to public morals, decency and good
customs and the said act does not constitute any
other violation in the RPC because they have the
right to engage in sexual intercourse. Therefore,
the crime committed is grave scandal because
they performed the act in a public place even if no
one saw the commission of the said act still, still
because it is performed in a public place , it is
presumed that someone may have seen the
commission of the highly scandalous act.
Page 67
III.
IV.
ILLUSTRATION:
Q: So what if there is this building, when the person
entered the said building, on the floor of the said building
were these magazines. And the magazines contain men
and women engaging in sexual intercourse, naked women
and men, and other obscene materials. Who shall be held
liable when the place was raided by the police?
A: The author of the said literature, the editors
publishing such literature and the owner or
proprietor of the establishment where the said
magazines were being sold. They will be held
criminally liable under Article 201.
Who is a prostitute?
A prostitute is any woman who, for money or
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS (Articles
203 245)
CRIMINAL LAW 2
employee, agent or subordinate official, of any
rank or class; 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
(GN: Improper
performance of
some act which
might be lawfully
done)
ARTICLE
204 TO 207
NONFEASANCE
MALFEASANCE
A public officer
knowingly,
willfully refuses
or refrains from
doing an act
which is his
official duty to
do.
(GN: Omission
of some act
which ought to
be performed)
A public officer
performs in his
public office an act
prohibited by law.
(GN: Performance
of some act which
ought not to be
done
ARTICLE
210-211
ARTICLE
208
ILLUSTRATION:
In a case submitted to him for decision, the judge
wrongfully interpreted a provision of law. It is a new law,
there is no jurisprudence yet, the judge wrongfully
Page 68
A R T I C L E 2 0 7 M A L I C I O U S D E L AY I N T H E
ADMINISTRATION OF JUSTICE
ELEMENTS:
1. The offender is a judge
2. There is a proceeding in his court
3. He delays the administration of justice
CRIMINAL LAW 2
4. The delay is malicious, that is, delay is caused
by the judge with deliberate intent to inflict
damage on either party in the case.
I.
By maliciously refraining from instituting
prosecution against violators of the law
Note that the first crime, he knows that a
crime was committed but he does not
prosecute the offender;
II.
By maliciously tolerating the commission
of offenses
the second act, a crime was about to be
committed, he tolerates its commission. It
must be done with MALICE. Absent
malice, Article 208 will not apply.
ATTORNEY:
I.
By causing damage to his client, either
a. by any malicious breach of
professional duty
b. by inexcusable negligence or
ignorance
THERE MUST BE DAMAGE TO HIS
CLIENT
II.
By revealing any of the secrets of his
client learned by him in his professional
capacity.
DAMAGE IS NOT NECESSARY
III.
Page 69
ELEMENTS:
1. Causing damage to his client, either:
a. by any malicious breach of professional duty
b. by inexcusable negligence or ignorance
2. Revealing any of the secrets of his client learned
by him in his professional capacity
3. Undertaking the defense of the opposing party in
the same case, without the consent of his first
client or after having received confidential
information from said client
Under Article 209, this betrayal of trust is IN ADDITION
TO A PROPER ADMINISTRATIVE CASE which may
be filed against an attorney or solicitor. So aside from
the criminal case in violation of Article 209, he can also
be charged in a case also for disbarment, for violation
of lawyers oath of duty may be filed against him, and
these two cases can be proceeded at the same time.
ILLUSTRATION:
A lawyer for 3 consecutive times, without any
justifiable reason, failed to file his formal offer of exhibits.
During the first time he was given 15 days, he failed to file,
CRIMINAL LAW 2
second time he was given 15 days, he failed to file. On the
third time, he was given 5 days still, he failed to file, without
giving any justifiable reason for his non-compliance with the
order of the court. By reason thereof, there is no evidence
in behalf of the defense of his client was admitted by the
Court. Because only evidences offered may be admitted by
the court. And so, the judge convicted the accused, the
client was prejudiced because of the counsels malicious
breach of his professional duty. It is incumbent upon any
counsel to file a pleading within the reglementary period
provided by law or required by the court.
- For failing to do so without any justifiable reason,
he caused damage to his client by malicious
breach of his professional duty.
I.
By agreeing to perform, or by performing,
in consideration of any offer, promise, gift
or present an act constituting a crime,
in connection with the performance of his
official duties.
ELEMENTS:
1. The offender be a public officer within
the scope of Article 203
2. The offender accepts an offer or a
promise or receives a gift or present
by himself or through another.
3. That such offer or promise be
accepted, or received by the public
officer with a view of committing
some crime.
4.
That the act which the offender
agrees to perform or which he
executes be connected with the
performance of his official duties.
II.
Page 70
ELEMENTS:
1. The offender be a public officer within
the scope of Article 203
2. The offender accepts an offer or a
promise or receives a gift or present
by himself or through another.
CRIMINAL LAW 2
Page 71
ILLUSTRATION:
Q: What if a mother wanted her daughter to work in
another country. The daughter was still a minor, 16 years
old. So what the mother did, was to ask the civil registrar to
alter the birth date or the date in the certificate of live birth
with a promise that the first 2 months of the salary of the
daughter will be given to the civil registrar. The civil
registrar altered the date in the birth certificate. What crime/
crimes is/are committed by the civil registrar and by the
mother?
A: The civil registrar is liable for direct
bribery because he agreed to perform an act
constituting a crime in consideration of a promise
that the 2 months salary will be given to him. The
said act is in connection with his performance of
his official duty. Therefore he is liable for direct
bribery. He actually performs the act, he actually
committed a crime, therefore he is also liable for
the falsification of a public document because he
actually altered the birth date which is a very
important date in the birth certificate so he is
also liable for the falsification of a public
document.
Without the said bribe, the mother would not
have committed falsification, so are you going to
complex them? because direct bribery is a
necessary means to commit falsification.
Even if in reality, they should be complex
CRIMINAL LAW 2
actually committed the crime, therefore his
liability for falsification is in addition for his
liability for direct bribery. Therefore, 2 separate
distinct charges have to be filed against the civil
registrar, we have direct bribery and the other
one is falsification of the public document.
ELEMENTS:
1. The offender is a public officer entrusted with
law enforcement
2. The offender refrains from arresting or
prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or
death
3. The offender refrains from arresting or
prosecuting the offender in consideration of
any promise, gift or present.
ILLUSTRATION:
A is the newly appointed secretary of DENR. On his
first day of office, Mr. X visited him, paid a courtesy call. Mr.
X is the president of a big logging company. They
exchanged some pleasantries, thereafter, when this
president of the logging company left, he placed a small
box on the table. When he left, the new DENR secretary
opened the box and it was a key to a car parked in front of
the building. The new DENR secretary used it and drove
the car
- He is liable for Indirect Bribery. The president of
the logging company does not require him to do
anything, it was merely given to him because he
was newly appointed as the DENR secretary. His
acceptance brings about consummated indirect
bribery; therefore, indirect bribery has no
attempted or frustrated stage because outside
acceptance, no crime is committed.
Page 72
ILLUSTRATION:
Q: A police officer was conducting a patrol. He saw a man
behind the tree, looking at the other house adjacent to the
tree as if waiting for someone. So the police officer parked
his vehicle and observed what this man would do. The
moment that a man came out of the gate of the house, this
man hiding behind the tree, immediately went directly to
him and shot him 5 times, and killing him instantly. Then,
the said man rode a motorcycle and left. The police officer
chased him. The Police officer arrested him, however, he
gave the police officer P500,000 and told the police officer,
Mr. Police officer, you saw nothing, you heard nothing.
And the police officer allowed him to leave. What crime/
crimes is/are committed by the said police officer?
A: The said police officer is liable for
qualified bribery. The crime committed by the
said man is murder, because obviously, in his act
of killing, there was treachery, the other party
was defenseless and obviously the said man
deliberately and consciously adopted the ways
means and methods employed by him in killing
the victim. Since there was treachery, the crime
committed is murder, punishable by reclusion
perpetua to death. His failure to arrest and
prosecute this man constitute qualified bribery
because he did so after accepting P500,000.
CRIMINAL LAW 2
reclusion temporal, therefore, qualified bribery is
not applicable.
PROSECUTION OF OFFENSES
(ARTICLE 208)
JAVIER v SANDIGANBAYAN
Although Javier has been appointed as a
representative of the private sector, in the book
publishing board attached to the office of the
president (NBDB), she is still considered as a
public officer; first, the said board functions as a
collegial body performing public functions;
second, according to SC, she was receiving
allowance, a salary even though nominal, from the
government. Hence, she considered as a public
officer.
Page 73
SANTOS
v PEOPLE
The Supreme Court said that there are two acts
CRIMINAL LAW 2
Persons liable:
1. Public officer who persuades, induces, or
influences another public officer;
2. Public officer who is persuaded induced or
influenced
Note: requesting or receiving any gift, present, or benefit is
not required in this provision.
Note:
the lack of demand is immaterial, the law uses the
Page 74
CRIMINAL LAW 2
the same, whether or not the public officer profited or will
profit thereby.
(h) Director or indirectly having financing or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
Constitution or by any law from having any 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.
Interest for personal gain shall be presumed against those
public officers responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong.
(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.
Note: if damage was caused, Article 229 under the RPC is
committed.
S E C T I O N 7 S TAT E M E N T O F A S S E T S A N D
LIABILITIES & RA 6713
When do the officers file the statement of
Page 75
3019?
You file a case of violation of Article 3019
CRIMINAL LAW 2
SECTION 14 - EXCEPTION
Q: What if a public officer saw an old man waiting line. So
the old man received a notice, the notice said that his
license is ready, it has already been approved. So he was
waiting in line for the release of his license, it was already
approved. The head of office saw the old man. 85 years
old, under the heat of the sun and with his frail body. So the
head of office took the man and the head of office asked
the man to his office. The head of office asked the
secretary, Is the license of this man approved? The
secretary said yes. The head of office said, get it. The
secretary took it and gave to the head of office. The head of
office, upon seeing that it is approved, and the man was
only waiting for its release, gave it to the man; therefore the
man need not wait in the long line. The man was so
thankful that the following day, the man went back to the
office with two big bilaos of bibingka to the said head of
office to say thank you. The said head of office received
two big bilaos of bibingka. Is the said head of office liable
under RA 3019?
A: No. It falls under the exception. Under
Section 14, unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary
token of friendship or gratitude, according to local customs
or usage is excepted from the provisions of RA 3019;
therefore the said public officer will not be held criminally
liable.
Page 76
CRIMINAL LAW 2
Torture refers to:
1. an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him/
her or a third person information or a confession;
2. punishing him/her for an act he/she or a third
person has committed or is suspected of having
committed;
3. or intimidating or coercing him/her or a third
person;
4. or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or
at the instigation of or with the consent or
acquiescence of a person in authority or agent of
a person in authority.
Acts of torture:
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:
Page 77
CRIMINAL LAW 2
order to ensure his/her safety and all other persons
involved in the investigation and prosecution such as, but
not limited to, his/her lawyer, witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by
which he/she testifies and presents evidence in any fora in
order to avoid further trauma.
Note:
Page 78
CRIMINAL LAW 2
1.
2.
3.
Page 79
ILLUSTRATION:
So the collecting officer is known as a sabungero. So
here comes one of the persons who was making payment.
He has no money, but said, he has a magandangtandang.
And so, that was the payment received. He commits a
violation of illegal exaction.
CRIMINAL LAW 2
315-318, and he does so by taking advantage of his official
position, his criminal liability is Other Frauds under Art. 214.
- Not estafa, Not swindling. the reason is that in
case of a public officer, there is additional
penalty. If you look at Article 214, the law says
that the penalty is the same penalty as the first
offense under Art. 315-318. But additional to
that, temporary disqualification to perpetual
disqualification for having taken advantage of his
official position. Therefore, if it is a public officer
who commits estafa or swindling, the crime is
under Art. 214 and there is an additional penalty.
Punishable acts:
1. Appropriating public funds or property
2. Taking or misappropriating the same
3. Consenting, through abandonment or negligence,
Page 80
4.
ILLUSTRATION:
So the COA auditor, appeared and conducted an
audit He demanded for the said amount, the said
accountable public officer cannot reduce the said amount.
There arises the prima facie presumption that he has
malverse the said public funds or property. Although that is
what is written under Article 217, last paragraph. The
Supreme Court in the number of cases said:
Mere shortage in audit will not suffice. For the Prima
facie presumption to arise the following requisites
must be present: - It is necessary that there must be
complete, thorough and reliable audit.
- In the said complete, thorough and reliable audit,
the following were discovered:
%L. The public officer indeed receive the public
funds or property. That is, he is an
accountable public officer
%L. The said public funds and property was
missing, or there was a shortage, or he
cannot produce it, and
%L. The said public officer cannot give a
justifiable reason, a legal excuse for the said
shortage or missing of public funds or
property.
CRIMINAL LAW 2
discovered, then there arises the prima facie presumption
that there is a so-called MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
ILLUSTRATION:
Q: What if a man was walking, in the middle of the night, a
police officer who was conducting a patrol saw something
bulging on his waist. The police officer stopped him and
frisked him and there, they saw a firearm. They ask for the
license, the said man could not produce the license for the
said firearm. He was arrested for illegal possession of
unlicensed firearm, and the firearm was confiscated. During
the trials of the case, the fiscal move for subpoena for the
custodian of the said firearm. The custodian appeared but
failed to bring the firearm. He had already sold the said
firearm confiscated. What crime is committed by the said
custodian?
A: He is liable for Malversation under Article 217.
Page 81
CRIMINAL LAW 2
to Caloocan in one afternoon and attended the said
meeting. He had to go to pasay in order to make a report,
However, the traffic was heavy, so instead of using his car
on the way back, he rode the LRT. Upon reaching the
office, he realized that his bag was opened, and the
cellphone which was __5:17___ by the Government was
already gone. By reason thereof, he was charged with
Malversation under Article 217 because through his
negligence, the cellphone which was ____ to him by the
Government and for which he is accountable to the
Government was now missing. It was taken or stolen by
somebody. Is he liable? He was convicted by the
SandiganBayan but when it came to the Supreme Court,
the Supreme Court acquitted him.
ILLUSTRATION:
Q: What if a public officer has under his administration
public funds which is for a certain project. So let us say that
X is the city administrator. Under his administration, there
was Php500,000, the said Php 500,000 was for the
construction of a bridge between one barangay to another
barangay. Then suddenly there was a typhoon, a big
typhoon and many of the constituents were rendered
homeless. And so, they had to stay in the basketball court,
they need food, clothing, water and other basic needs. And
so, the city administrator made use of the Php 500,000
under his administration to buy these basic needs of his
constituents. Is the said public officer, the city administrator
liable of any crime?
Page 82
BEST EXAMPLE:
GMA and other head of Philhealth before was
charged by Frank Chavez because of Technical
Malversation because of transfer of COA funds, which was
used for Philhealth purposes during the elections. And so,
because of that, according to Frank Chavez, they are liable
for Malversation. They were charged with Technical
Malversation. But their contention was there was a law that
allowed it. If there was a law that allowed it, then, there was
no violation. But, if there is no law, there is an illegal
transfer of funds, therefore, technical Malversation will
resolve.
ARTICLE 217
ARTICLE 220
CRIMINAL LAW 2
ELEMENTS:
1. That the public officer has government funds in his
possession
2. That he is under obligation to make payments from
such funds
3. That he fails to make payment maliciously
Punishable acts:
1. Failing to make payment by a public officer who is
under obligation to make such payment from
Government funds in his possession
2. 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
Page 83
4.
ILLUSTRATION:
Q: A has been charged with illegal sale of dangerous
drugs. She is behind bars, it is a non-bailable offense, and
therefore, while the case is ongoing, she is behind bars.
So, it was the hearing date, she was accompanied by the
jail warden, the jail guard to the court, and after trial, there
was this husband and two children of the said woman who
was in jail. The husband and two children talked, and when
the said woman prisoner was about to be brought to jail,
the husband talked to the jail warden. He invited the jail
warden for a merienda, in a canteen inside the hall of
justice. And so, the jail warden saw nothing wrong and so,
he had merienda with the woman prisoner, the husband
and the two children. The handcuffs had to be removed for
the woman prisoner to eat. After eating, the woman
prisoner said that she needed to answer the call of nature,
and so, she went to the restroom, also inside or within the
hall of justice. The jail guard allowed her inside while the jail
guard was left outside, waiting. Hours passed, no woman
prisoner came out. It so happens that the said husband put
some disguise for the woman to use so that she could
escape without being noticed by the said jail guard, and
woman prisoner was able to escape without being noticed
by the said jail guard. Is the said jail guard liable for
infidelity in the custody of prisoner, or is it a mere laxity
which would not amount to infidelity in the custody of
prisoner?
CRIMINAL LAW 2
trial was to bring her back to the court. The fact
that the said jail guard allowed himself to have a
merienda, and even allowed the woman prisoner to
go to the restroom alone, there was laxity on the
part of the said jail guard. The Supreme Court said,
LAXITY is a deliberate non-performance of his
official duty as the guard of the said prisoner,
thereby amounting to infidelity in the custody of
prisoner under Art. 224.
Page 84
ILLUSTRATION:
Q: What if A has been charged with illegal sale of
dangerous drugs. The case was on trial, during the trial of
the case, the fiscal presented the first police officer who
acted as the poseur buyer in the course of the testimony of
the police officer, the fiscal produced and showed to him for
identification the marked money. So the marked money
consists of 5, 100 peso bill. The fiscal presented it to the
police and the police identified it as indeed the marked
money because of the serial numbers and because of the
markings, and thereafter the marked money have been
marked as Exhibit A, B, C, D, E for the prosecution. After
the trial, they were placed inside an envelope and given to
the clerk of court, the custodian of the evidence which have
already been marked. So trial ended that day, it was now
lunch time. The clerk of court was on her table and so the
vendor arrived. The clerk of court wanted to buy lunch and
she said, how much. The vendor said it costs 50 peso. The
clerk of court pulled out her money; it was a 1000 peso bill.
The vendor said, anglakinamanniyan, walaakongpanukli
And so, by reason thereof, he gave it back to the clerk of
court. The clerk of court said that she had no smaller bills,
and he remembered the exhibits. And so, he took 100 peso
bill, marked as Exhibit E. And she paid it to the vendor and
the vendor gave him the change of 50 peso. After eating,
before 1:00, the said clerk of court immediately went
outside to change her big 1000 peso bill into smaller bills.
When he now has these smaller bills, he got one 100 peso
bill and marked it as Exhibit E and then he signed it and
placed it inside the envelope. Here comes the next hearing
date, on the next hearing date, another police officer was
presented, the fiscal produced the said documentary
exhibits, the marked money and asked it from the clerk of
court. So the fiscal showed it to the police officer, the police
officer identified Exhibits A, B, C, D. However, when it
comes to exhibit E, the police officer said, Your Honor, it
has a different serial number from the one in our sworn
statement and so because of that, an investigation
happened and the court learned that it was taken by said
clerk of court and used in buying food. What crime, if any is
committed by the said clerk of court? Is it malversation or is
it infidelity in the custody of documents?
CRIMINAL LAW 2
Page 85
ILLUSTRATION:
Q: What if in the case of Duterte, the sheriff wishes to
execute a writ of execution and cause the squatters to
leave the place because of the execution issued by the
court has to be implemented. Had not the sheriff performed
the said act, is he liable of any crime? Had the sheriff
refused to execute the writ of execution issued by the said
judge? Is he liable of any crime?
ILLUSTRATION:
Q: A raped B. B was treated by a medico legal officer at the
PNP. This medico legal officer who has examined A, issued
a medical certificate, And so in the case filed by B against A
for this so-called rape, the fiscal moved that the subpoena
(adjustificandum) be sent to this public officer, the medico
legal office who examined the rape victim. However,
despite receipt of the said subpoena, the medico legal
officer failed to appear. He did not appear without any
justifiable reason at all. The said prosecutor move again for
the issuance of another subpoena, a second subpoena.
Again, despite the receipt, the medico legal officer failed to
appear in court and testified and failed to give the copy of
the medico legal certificate. What crime if any has the said
medico legal officer has committed?
CRIMINAL LAW 2
ILLUSTRATION:
Q: What if A has just withdrew his money from her ATM
account, she placed the money inside her bag and she was
already walking towards home when suddenly here comes
Page 86
CRIMINAL LAW 2
2.
3.
Page 87
A R T I C L E 2 4 1 U S U R PAT I O N O F J U D I C I A L
FUNCTIONS
ELEMENTS:
1. That the offender is holding office under the Executive
Branch of the Government
2. That he:
a. Assumes the power exclusively vested in the
Judiciary, or
b. Obstructs the execution of any order or decision
given by a judge within his jurisdiction
NOTE: It can only be committed by a public officer of the
Executive Branch of the Government
CRIMINAL LAW 2
TITLE EIGHT
CRIMES AGAINST PERSONS (ARTICLES 246 266-A)
Page 88
CRIMINAL LAW 2
wife, checked the itinerary of the wife and so when the wife
was getting out of the grocery, here comes the killer. The
killer, on board a motorcycle, went directly to the wife, shot
her and off he went. The wife died. What crime/crimes is/
are committed?
A: The husband is liable for principal but said
killer is liable for murder. Conspiracy will not lie.
Although they conspired for the killing of the wife,
the husband, being the principal by inducement
and the killer, being the principal by direct
participation, conspiracy will not lie. This is
because the circumstance which qualifies
parricide, the relationship, is personal to the
husband and cannot be transferred to a stranger.
That is why there will two informations filed, one is
parricide as against the husband as a principal by
inducement and the other one is murder as
against the killer.
FIRST REQUISITE/ELEMENT:
Under the first element, it is required that the legally
married spouse surprises the other spouse while
in the actual act of sexual intercourse with another
person. So note the surprising must be in the
actual act of sexual intercourse and NOT
before, NOT after.
If you will read the book of Reyes, Justice Laurel,
naghinanakitsya. Sabinya, Why? Why should it
be in the actual act of sexual intercourse, you
already saw your spouse with another man, why
wait for the sexual intercourse? You know it will
happen, why wait for it for Article 247? This is
what Justice Laurel said. But the Supreme Court
said no, the surprising must be in the act of sexual
intercourse with another person. Not before, not
after, not during the preliminaries.
SECOND REQUISITE/ELEMENT:
The second element requires that the said legally
married spouse kills any or both of them or he
inflicts serious physical injuries upon any or both
of them. Again, while in the act of sexual
intercourse or immediately thereafter. There is no
question as to the actual act of sexual
intercourse but what about immediately
thereafter?
What does the phrase immediately thereafter mean?
Page 89
PEOPLE v. ABARCA
In this case, there was this student reviewing for the
bar. There were already rumors that his wife was having an
affair. So one time, he went home unannounced. Upon his
arrival, he saw his wife in sexual intercourse with another
man. The man jumped out the window. The husband
wanted to kill the man but he had no weapon at the time.
The man went away. It took the husband an hour before he
was able to find a weapon and upon finding a weapon, he
went directly to the whereabouts of the man, the lover of
the wife and killed the man. It took him one hour. The killing
took place an hour, not in the actual sexual intercourse, but
is it immediately thereafter? Despite the fact that one hour
had lapsed, would it be within the meaning of immediately
thereafter?
CRIMINAL LAW 2
6.
Page 90
A R T 2 5 0 P E N A LT Y F O R F R U S T R AT E D O R
ATTEMPTED PARRICIDE, MURDER OR HOMICIDE
ART 251 DEATH CAUSED IN A TUMULTOUS AFFRAY
What is a tumultuous affray?
ELEMENTS:
1. That there be several persons
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally
3. That these several persons quarreled and assaulted
one another in a confused and tumultuous manner
4. That someone was killed in the course of the affray
5. That it cannot be ascertained who actually killed the
deceased
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Article 251, death in a tumultuous affray, is committed
when there are several persons who do not compose
groups which have been organized to assault and
CRIMINAL LAW 2
quarrel with one another reciprocally, assaulted and
attacked each other reciprocally and in the course of
the affray, someone is killed. And it cannot be
ascertained or identified or determined who killed the
victim, then the person who inflicted serious physical
injuries or those who used violence against the said
victim can be identified.
Page 91
CRIMINAL LAW 2
Q: What if there was this park. The park was full of people
and then suddenly, here comes X, X went to the park, put
out his firearm, and he fired shots in the air. What crime is
committed?
A: X committed Alarms and Scandals under
Article 155. When he fired shots in the air, his
intention was to cause disturbance of public peace
and tranquility. The firearm was not aimed towards
any person.
Page 92
infanticide.
relationship.
ILLUSTRATION:
Q: So what if there was this woman and this woman gave
birth to a child. After giving birth to the child while the child
was only a day old, she already wanted to kill the child in
order to conceal her dishonor. However, she could not kill
the child by herself and so she asked a favor from a friend.
And so the friend arrived and both the mother and the said
friend killed the child, a day old, by suffocating the said
child with a big pillow. The child less than three days old,
died. What crime/s is/are committed?
A: The mother is liable for infanticide. The
said stranger friend is also liable for
infanticide. There was conspiracy on them. This
time conspiracy on life, both of them are liable for
infanticide under only one information. Isang
information langsa court and that is infanticide.
Both the mother and the friend are conspirators of
infanticide.
Q: What if let us say that the killer of the less than three
day old child is the maternal grandparents. The
grandparents conspired in the killing in order to conceal the
dishonor of their daughter.
What is the effect of the
concealment of the dishonor?
A: The concealment of the dishonor will also
mitigate the criminal liability of the maternal
grandparents that is one degree lower. So sa
mother, two degrees lower, from reclusion
perpetua to death magigingprision mayor.
Sa
maternal grandparents one degree lower lang,
from reclusion perpetua to death it will now
become reclusion temporal.
Whatever it is,
concealment of dishonor is akin to a privilege
mitigating circumstance because the lowering of
the penalty is not merely by periods but by
degrees. So it is akin to a privilege mitigating
circumstance.
CRIMINAL LAW 2
of dishonor will mitigate the criminal liability of the
mother.
So there lies a difference between
parricide and infanticide if the offender is the
parent or the mother of the child.
JUST REMEMBER: If the child is less than three days old
or less than 72 hours, IT IS INFANTICIDE. It is the age
that controls. If the child is three days old and above,
PARRICIDE OR MURDER, as the case may be. It is
obvious murder because a three day old child or infant is
totally defenseless.
Note that there are four (4) articles on abortion but there
are only two (2) type of abortion:
1. INTENTIONAL ABORTION
2. UNINTENTIONAL ABORTION
Because the abortion practiced by the woman herself or
the mother and the abortion practiced by a physician or
midwife are all intentional abortion. So in effect, we only
have to kinds of abortion. We have intentional abortion and
unintentional abortion.
ABORTION is the willful killing of a fetus from the
mothers womb or the violent expulsion of a fetus from the
maternal womb which results in the death of the fetus.
Q: But what if despite the fact that the female student had
already taken or drank the abortive beverage still the fetus
survived? Malakasangkapitngbatasa maternal womb. What
crime is committed if any by the boyfriend and the
girlfriend? Is there a crime such as frustrated intentional
abortion?
A: YES. There is a crime such as frustrated
intentional abortion. Here, the said woman has
already taken the said abortive beverage. He has
already performed all the acts necessary to
consume the crime of abortion however, abortion
did not result because of causes independent of
their will.
Malakasangkapitngbatasa maternal
womb and so the baby survived. And so, they are
both liable for frustrated intentional abortion.
ILLUSTRATION:
Q: So what if there were two college students, a boyfriend
and girlfriend. The girlfriend became pregnant and the
boyfriend said, I am not yet ready. We are still so young so
I cannot marry you. And so by reason thereof the girlfriend
said, how about my situation? I am already pregnant. And
so by reason thereof, they both decided in order to conceal
the dishonor of the said female student, they both decided
Page 93
ILLUSTRATION:
Q: So lets say a man exerted physical violence against the
woman who happens to be his enemy. The said woman
was severely hurt however, the baby was not hurt. The
fetus inside the tummy did not die. What is the crime
committed by the said man?
A: Only serious physical Injuries against the
woman. No crimes against the fetus because there
was no intent in so far as the fetus is concerned.
CRIMINAL LAW 2
the pregnant wife answered the cellphone and she began
giggling. When she began giggling, the husband took the
cellphone from the said wife and listened to the cellphone.
He heard a voice of a man on the other line of the
cellphone. Since he heard the voice of the man and he just
arrived from work, he became jealous and with the use of a
knife he stabbed the wife. The wife died and the fetus died.
What crime/s is/are committed?
A: In so far as the wife is concerned, the crime
committed is parricide. In so far as the baby is
concerned, the crime committed is
unintentional abortion. Again, it resulted from
one single act of stabbing the wife therefore it will
give rise to a COMPLEX CRIME OF PARRICIDE
WITH UNINTENTIONAL ABORTION. There is a
crime against the wife which is parricide and
against the fetus which is unintentional abortion
resulting from a single act therefore, it is parricide
with unintentional abortion.
ELEMENTS OF A DUEL:
1. It is necessary that the offenders that there was an
agreement to engage in combat or in a fight.
2. There must be two or more seconds for each
combatant.
3. The firearms or the arms to be used as well as the
other terms of the combat must be agreed upon
by the said seconds.
So under Article 260, the persons who are liable are the
combatants and adversaries, those who engage in a duel
and yungkanilangalalay, yung seconds.
Page 94
3.
Under Article 261, the persons criminally liable are both the
challenger and the instigator.
NOTE that if it is not a duel or there is no agreement to
combat or to fight, lets say there was no agreement
between A and B to fight and yet they fought and B died,
the crime committed is HOMICIDE because Article 260 and
261 only applies if there is an agreement to fight, to a duel
or a combat.
CRIMINAL LAW 2
Page 95
1.
2.
3.
CRIMINAL LAW 2
medical attendance. Because it cannot be seen. It
is not located in a visible or conspicuous place.
Page 96
2.
3.
4.
CRIMINAL LAW 2
2.
3.
THIRD:
A is 11 years old. He is cohabiting with a man who is 20
years old. They are luvingtgether as if they are husband
and wife. Of course, they had carnal knowledge. The man
is liable for STATUTORY RAPE. The number of times that
he had carnal knowledge of the said woman, that is the
number of the counts of rape. So if he had carnal
knowledge of the woman 5 times during the time that they
were together 5 counts of statutory rape. That is because
the child, the victim, is below 12 years of age. Insofar as
criminal law is concerned, she does not have a mind of her
own, she cannot give a valid consent.
Page 97
Q: What if, what the erectile penis has touched was the
outer portion of genitalia, that portion which became hairy
during puberty, you have to distinguish whether it is acts of
lasciviousness or attempted rape.
A:
Q: What if, so the law requires that the said act of carnal
knowledge must be with the use of force, threat, or
intimidation, a father raped his daughter. The daughter did
not put up a fight, the father did not use force, threat, or
intimidation in the said carnal knowledge of a daughter. Is
the crime committed rape?
CRIMINAL LAW 2
ELEMENTS:
1.
2.
Offe
nde
r
com
mits
a n
act
o f
sex
ual
ass
ault
c t
into
the
geni
t a l
o r
anal
orifi
c e
o f
anot
her
pers
on
3.
The
act
o f
sex
ual
ass
ault
i s
acc
omp
lish
e d
und
e r
any
o f
the
follo
win
g
circ
ums
tanc
es:
The
act
o f
sex
ual
ass
ault
i s
com
mitt
e d
b y
any
o f
the
follo
win
g
mea
ns
a.
b.
B y
inse
rting
his
peni
s
into
anot
her
pers
ons
mou
t h
o r
anal
orifi
ce,
or
B y
inse
rting
any
instr
ume
n t
o r
obje
Page 98
a.
b.
B y
usin
g
forc
e or
inti
mid
atio
n
W h
e n
the
w o
man
i s
dep
rive
d of
reas
o n
o r
othe
rwis
e
CRIMINAL LAW 2
unc
ons
ciou
s, or
c.
d.
B y
mea
n s
o f
frau
dule
n t
mac
hina
tion
o r
grav
e
abu
sed
o f
auth
ority
W h
e n
the
w o
man
i s
und
e r
1 2
year
s of
age
o r
dem
ente
d
*So what if what has been inserted is the penis inside the
mouth or the anal orifice, before that would only amount to
acts of lasciviousness - before the passage of RA 8353.
Page 99
2.
3.
W h
e n
rap
e is
com
mitt
e d
with
the
use
of a
dea
dly
wea
pon
W h
e n
rap
e is
com
mitt
e d
b y
two
o r
mor
e
pers
ons
W h
e n
b y
reas
o n
o r
o n
occ
asio
n of
rap
e ,
the
victi
m
bec
ome
s
insa
ne
CRIMINAL LAW 2
4.
par
ent,
gua
rdia
n ,
relat
ive
b y
con
san
guin
i t y
o r
affin
i t y
with
i n
the
3 rd
civil
deg
ree,
o r
the
com
mon
law
spo
use
o f
the
victi
m
W h
e n
rap
e is
atte
mpt
e d
and
hom
icid
e is
com
mitt
ed
1.
2.
W h
e n
b y
reas
o n
o r
o n
the
occ
asio
n of
rap
e ,
hom
icid
e is
com
mitt
ed
W h
e n
the
victi
m is
und
e r
1 8
year
s of
age
and
the
o ff e
nde
r is
a
par
ent,
asc
end
ant,
step
-
Page 100
3.
4.
W h
e n
the
victi
m is
und
e r
the
cust
ody
o f
the
poli
c e
o r
milit
ary
auth
oriti
e s
o r
any
pen
a l
insti
tutio
n
W h
e n
the
CRIMINAL LAW 2
rap
e is
com
mitt
e d
i n
full
vie
w of
the
spo
use,
the
par
ent,
any
o f
the
chil
dre
n of
the
relat
ive
b y
con
san
guin
i t y
with
i n
the
3 rd
civil
deg
ree
5.
W h
e n
the
victi
m is
a
relig
ious
and
gau
ged
i n
legit
imat
e
relig
ious
calli
n g
o r
voc
atio
n
and
h e
kno
w n
t o
Page 101
b e
suc
h by
the
o ff e
nde
r
befo
r e
o r
duri
n g
the
com
mis
sion
o f
the
rap
e
6.
7.
W h
e n
the
victi
m of
the
rap
e is
belo
w 7
year
s of
age
W h
e n
the
said
o ff e
nde
r
kno
w s
that
h e
has
bee
n
a ff l i
cted
with
HIV
viru
s or
AID
S or
any
othe
r
sex
uall
y
tran
smi
CRIMINAL LAW 2
ssib
l e
dise
ase
and
the
viru
s of
the
dise
ase
i s
tran
smit
ted
t o
the
victi
m
8.
W h
e n
the
said
o ff e
nde
r is
a
m e
mbe
r of
the
AFP
o r
parli
ame
ntar
y
unit
s ,
the
P N
P or
any
othe
r
m e
mbe
r of
the
law
enfo
rce
men
t
age
ncy
who
took
adv
anta
g e
o f
his
posi
Page 102
tion
i n
ord
e r
t o
facil
itate
the
com
mis
sion
o f
the
crim
e
9.
10.
B y
reas
o n
o r
o n
the
occ
asio
n of
rap
e ,
the
said
victi
m
suff
ere
d
per
man
ent
phy
sica
l
muti
latio
n or
disa
bilit
y
W h
e n
the
o ff e
nde
r
kne
w
that
the
o ff e
nde
d
part
y or
victi
m is
pre
CRIMINAL LAW 2
gna
nt at
the
time
o f
the
com
mis
sion
o f
rap
e
11.
W h
e n
the
o ff e
nde
r
kne
w of
the
men
t a l
disa
bility
,
emo
tion
a l
diso
rder
and/
o r
phy
sica
l
han
dica
p of
the
o ff e
nde
d
part
y at
the
time
o f
the
com
mis
sion
o f
the
crim
e
Page 103
CRIMINAL LAW 2
prov
ided
that
the
mar
riag
e is
not
void
a b
initi
o
Page 104
CRIMINAL LAW 2
Q: Lets say the wife filed a case against the husband for
violation of RA 9262; during the presentation of evidence
by the defense, the husband testified that he was always
drunk. He was alcoholic. Thats why he lost temper and
Page 105
2.
CRIMINAL LAW 2
Page 106
Aggravating Circumstances:
(a) Those who engage in or promote, facilitate or
induce child prostitution which include, but are not
limited to, the following:
(1) Acting as a procurer of a child
prostitute;
(2) Inducing a person to be a client of a
child prostitute by means of written or
CRIMINAL LAW 2
oral advertisements or other similar
means;
(3) Taking advantage of influence or
relationship to procure a child as
prostitute;
(4) Threatening or using violence towards
a child to engage him as a prostitute; or
(5) Giving monetary consideration goods
or other pecuniary benefit to a child with
intent to engage such child in
prostitution.
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual
abuse; Provided, That when the victims is under
twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for
rape and Article 336 of Act No. 3815, as amended,
the Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That the
penalty for lascivious conduct when the victim is
under twelve (12) years of age shall be reclusion
temporal in its medium period; and
Page 107
CRIMINAL LAW 2
for Ransom.
Q: What is ransom?
A: A ransom is the
other consideration
for the redemption
person who has
incarcerated.
Page 108
CRIMINAL LAW 2
Page 109
CRIMINAL LAW 2
Page 110
CRIMINAL LAW 2
2.
Page 111
3.
Uninhabited place
One wherein theres a remote possibility for the
victim to receive some help.
CRIMINAL LAW 2
Indifference of parents
1. It is committed by: any parent
who neglects any of his children
by not giving them the education
which their station in life requires
and financial capability permits.
Page 112
CRIMINAL LAW 2
2.
3.
4.
5.
3.
4.
ELEMENTS:
1. Offender is a private individual
It is committed by a private individual
Page 113
TRESSPASS TO
DWELLING
TRESSPASS TO
PROPERTY
Prohibition to enter
can either be
expressed or implied.
Prohibition to enter
must be manifest.
CRIMINAL LAW 2
Page 114
CRIMINAL LAW 2
want with my father? A angrily said that, You let your
father come out or I will kill him because he has been
spreading negative rumors about me. The son went inside
the house and did not come back. The father also did not
come out of the house. And so later, A just left the house.
What crime is committed by A? Is it grave threats, light
threats or is it other light threats?
A: The crime committed is under Article 285
OTHER LIGHT THREATS. Orally, in the heat of
anger, he threatened another with a harm
constituting a crime, but he did not pursue with the
idea in his threat. It is only other light threats.
Q: What if, let us say, A saw that B has a new car. It was a
luxury car. He knew that it was smuggled and so he told B:
B, if you will not give me P500,000, I will call the Bureau of
Customs, I will tell ComissionerBiazon right now that your
car is smuggled. What crime if any is committed by A
against B?
A: It is LIGHT THREATS. He threatened to
commit a wrong which does not constitute a crime.
It is not a crime to inform the Bureau of Customs
that the car was smuggled and it is subject to a
demand of money and the imposition of any other
condition even though not unlawful.
Page 115
THREAT
COERCION
May be committed in
writing or through an
internet chatting
Cannot be committed in
writing or through internet
chatting because it is
always personal and
immediate
It is violence or intimidation
amounting serious enough
to amount to violence
CRIMINAL LAW 2
There is one form of light coercion under Article 287, that
is UNJUST VEXATION. It is a form of light coercion.
UNJUST VEXATION refers to any human conduct, which
although not capable of producing any material harm or
injury, annoys, vexes or irritates an innocent person.
REVELATION OF SECRETS:
ARTICLE 290 DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE
We have seizure of correspondence in order to discover
the secrets of another.
This is committed by any person who shall seize any
correspondence of another in order to discover the secret
of any person.
Page 116
CRIMINAL LAW 2
Q: So what if A told B to come inside his room and when B
entered the room, A started scolding B. In scolding B, A
said scandalous remarks against B. Unknown to A, B was
tape recording the private conversation between them. Can
B later use the said tape recording in order to file a case of
defamation or slander against A?
A: NO. Because the said act of tape recording
without being authorized by all the parties to a
private communication or spoken word is
inadmissible in any judicial, quasi-judicial,
legislative or administrative proceedings or
investigation.
TITLE TEN
CRIMES AGAINST PROPERTY
Art. 293 Who are guilty of robbery?
Robbery is committed by any person, who with
intent to gain shall take any personal property belonging to
another by means of violence against, or intimidation of any
person, or using force upon anything.
Elements of Robbery:
1. That the offender unlawfully takes a personal
property
2. That the said personal property belongs to
another person
3. There must be intent to gain in the taking of the
said property
4. That the said taking is either by means of violence
against, or intimidation of any person, or using
force upon anything
5.
Unlawful taking is the deprivation of the offended party of
his personal property with an element of permanency. So, it
is necessary that in taking the personal property from
another person, there is an element of permanency.
Page 117
CRIMINAL LAW 2
may take place before, during or after the said robbery
provided, that the original intent/ original criminal design is
to commit robbery or to rob.
Since it is a special complex crime, regardless of
the number of the persons killed there is only a single
indivisible offense of robbery with homicide. Even if the
killing is an unintentional killing or accidental killing still, it is
a single indivisible offense of robbery with homicide. Even if
the victim of the said robbery is different from the victim of
the killing, it is still robbery with homicide. There lies the
difference between Article 294 and Article 267.
In
kidnapping and serious illegal detention with homicide, the
victim of the kidnapping and serious illegal detention must
be the victim in the said killing to amount to kidnapping and
serious illegal detention. But in case of robbery with
homicide, regardless of who the offended party may be,
whether the offended party in robbery is different from the
offended party in the killing it is still robbery with homicide.
Page 118
CRIMINAL LAW 2
took their valuables and the boyfriend hurriedly left the
girlfriend allegedly to ask help to the police. And so the
girlfriend was alone with the three men and they dragged
her into a nipa hut and there she was raped by the
mastermind, Suyu. Not only she was raped by Suyu but
also Cainglet while, the other two was outside serving as
lookouts. So the said woman, Clarissa, was raped by two
persons and she was raped three times. Suyu and Cainglet
raped her by carnal knowledge. Not only that, Cainglet also
inserted two fingers to her genitals therefore, he also
committed rape by sexual assault.
What crimes are
committed by the 4 persons? What crime/s they should be
criminally liable of?
from his pocket and stab A in his face and placed the ice
pick in As face. A suffered serious physical injuries and
deformity in his face. It caused physical ugliness to A
therefore there is deformity. What crime/s is committed?
Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
Page 119
Chapter One
CRIMES AGAINST LIBERTY
Section One Illegal Detention
Art. 267. Kidnapping and serious illegal detention.
CRIMINAL LAW 2
detention.
1st Element
Page 120
b.
c.
d.
CRIMINAL LAW 2
the child was held by Mamantak.
-SC: The crime committed is kidnapping and
serious illegal detention with ransom. Kahit 5
pesos pa yan if it was given or demanded as
a redemption for the liberty of the person
detained it is already considered as ransom.
There is no such thing as small amount in so
far as ransom is concerned.
Example
Example:
Page 121
Example:
CRIMINAL LAW 2
Page 122
CRIMINAL LAW 2
2.
of a minor
He deliberately fails to restore the minor to his
parents or guardians or any person charged with
the custody of the minor
Example
The crime will arise even if the child has not left
the house of his parents or guardian. Mere
inducement with intent to cause damage will
suffice.
Example
Page 123
Chapter Two
CRIMES AGAINST SECURITY
3 acts punished:
CRIMINAL LAW 2
Elements:
1. The place is not inhabited
2. The accused found there is a person
wounded or in danger of dying
3. The accused can render assistance
w/out detriment to himself
4. T h e a c c u s e d f a i l s t o r e n d e r
assistance
Example
2nd Act
Example
Page 124
1st Act
Example
2 acts punished:
2.Indifference of Parents
Elements:
1. The offender is a parent
CRIMINAL LAW 2
2. The he neglects his children by not
giving them the education
3. That his station in life requires such
education and financial conditions
permits it
beggar.
or
to
of
or
Page 125
CRIMINAL LAW 2
Art. 281. Other forms of trespass. The penalty of
arresto menor or a fine not exceeding 200 pesos, or
both, shall be imposed upon any person who shall
enter the closed premises or the fenced estate of
another, while either or them are uninhabited, if the
prohibition to enter be manifest and the trespasser has
not secured the permission of the owner or the
caretaker thereof.
Trespass to Property
Elements:
1.Offender is any person who shall enter the
closed premises or the fenced estate of
another person
2.The entrance is made while either of them is
uninhabited
3.That the prohibition to enter be manifest
4.That the trespasser has not secured the
permission of the owner or the caretaker
thereof
3 kinds of threats:
1. Grave threats
2. Light threats
3. Other light threats
1.
Trespass to Dwelling
2.
Trespass to Property
Example
Townhouse A was currently uninhabited. There was a
notice posted that it was for rent. X entered the said
townhouse. What crime was committed by A?
-Trespass to Property because at that time the
premises was closed and uninhabited and he
enters without securing the permission of the
owner or the caretaker.
Page 126
3.
CRIMINAL LAW 2
post the bond, the offender shall be sentenced to
destierro.
1.
2.
3.
Example:
A learned that B was spreading negative rumors against
him. A was so mad so he went to the house of B and
shouted, B get out of your house. I will kill you! I will kill
you! But B did not go out of the house. Instead, it was
the son of B who went out. A told the son to let his father
go out because A would kill him. Upon hearing this, the
son went inside the house and did not go back. B as well
did not go out. Later, A left Bs house.
A saw that B has a new Lexus. A knew that the car was
smuggled. A told B. If you will not give me 500,000php, I
will tell the Bureau of Customs that your car is
smuggled.
LIGHT
THREATS
OTHER LIGHT
THREATS
The threat is
always
&
a l w a y s
amounting to
and constituting
a crime. It may
or may not be
subject to
demand of
money
or
imposition of
o t h e r
conditions. The
offender may or
may not attain
his purpose.
Committed by
threatening another
with a weapon or
draw such weapon
in a quarrel, unless
it be in lawful selfdefense; or orally
threatening, in the
h e a t o f a n g e r,
another with some
harm
not
constituting a crime,
and who by
subsequent acts
show that he did not
persist in the idea
involved in his
threat; or orally
threatening to do
any harm not
constituting a
felony.
Page 127
CRIMINAL LAW 2
COMPULSORY COERCION
if a person compels another by means of
violence and intimidation from doing
something against his will, whether it be
right or wrong, prohibited or not.
-
COERCION
it is violence; or intimidation
sufficient enough to amount
to violence
Art. 288. Other similar coercions
OTHER LIGHT COERCION - more on labor
Acts punished:
1.
2.
Chapter Three
DISCOVERY AND REVELATION OF SECRETS
In relation to
RA 4200 (ANTI-WIRE TAPPING LAW)
ACTS:
1. It shall be unlawful for any person, not obtaining
the consent of all the parties to any private
Page 128
CRIMINAL LAW 2
communication or spoken word, to tap any wire or
cable, or by using any other device or
arrangement, to secretly overhear, intercept, or
record such communication or spoken word by
using a device like dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or
other similar means
Elements:
1.
Exapmle:
A told B to go inside his room. When inside the room, A
started scolding B saying slanderous remarks against
him. Unknown to A, B was recording the private
communication between them. Can B use the record in
filing a case for slander against A?
ANS: No, because the act of tape recording
without being authorized by all the parties in a
private communication is inadmissible in evidence
in any judicial, quasi-judicial, legislative or
administrative proceeding or investigation.
2.
3.
4.
2.
3.
4.
Chapter One
ROBBERY IN GENERAL
Art. 293. Who are guilty of robbery
ROBBERY- committed by any person who, with intent to
gain, shall take any personal property belonging to another,
Page 129
CRIMINAL LAW 2
shall have lost an eye, a hand, a foot, an arm,
or a leg or shall have lost the use of any such
member, or shall have become incapacitated
for the work in which he was therefor
habitually engaged
5. When the commission of the robbery is
carried to a degree clearly unnecessary for
the commission of the crime
6. In the execution of the robbery, and in
consequence of the physical injuries inflicted,
the person injured shall have become
deformed, or shall have lost any other part of
his body, or shall have lost the use thereof, or
shall have been ill or incapacitated for the
performance of the work in which he as
habitually engaged for a period of more than
ninety days
7. If the violence employed in the commission or
robbery does not constitute the physical
injuries covered by sub-divisions 3 and 4 of
said Article 263 or that only intimidation is
employed.
Based on the foregoing, there exists crimes such as
robbery with homicide, robbery with rape, robbery with
serious physical injuries and robbery with unnecessary
violence and simple robbery.
Example:
A went to the house of B and took the valuables
therein. During the taking, one jewelry box suddenly
fell on the floor. This awakened the owner of the
house, X. When A saw this, he immediately shot X
Page 130
People vs Cabbab
In a game played by A, B, X, Y and Z, it was A who won the
game. After the game, while A, B and Z were about to
leave, X and Y were furiously looking at them. Suddenly, X
and Y fired several shots against A, B and Z. Z, who was a
police officer, dove into the canal in order to prevent himself
CRIMINAL LAW 2
from being killed. Z was injured. Unfortunately, A and B
were killed and thereafter, the winnings of A were taken by
X and Y.
Fiscal filed the cases of - 1. Robbery because of the taking
of the winnings, 2. Double murder because of the death of
A and B, and 3. Attempted murder insofar as Z is
concerned.
RTC ruled that the charges were wrong because the crime
committed is robbery with double homicide and attempted
murder
Upon appeal, CA ruled that the ruling of RTC is incorrect
because the crime committed is robbery with homicide and
attempted murder
SC: The Fiscal, RTC and CA were all wrong. The
crime committed is only the single indivisible
offense of robbery with homicide. All the acts are
considered absorbed by robbery with homicide
despite the fact that 2 persons were killed and 1
person was injured. All these circumstances are
merged into an integrated whole; that is, the single
indivisible offense of robbery with homicide
R O B B E RY W I T H I N T E N T I O N A L M U T I L AT I O N ,
ROBBERY WITH SERIOUS PHYSICAL INJURIES AND
ROBBERY WITH ARSON
For as long as the original intent is to commit
robbery, the intentional mutilation, serious
physical injury or arson may be committed
before, during or after the robbery.
Example:
It was payday. A and B saw X with a bag. A and B
signaled X to give them his bag. X gave the bag and left.
A and B went to a nearby waiting shed bringing with
them the bag of X. In the waiting shed, A and B divided
the money of X. In the course of the partition, A gave B
only a small share of the money. B got mad. B shot A.
CRIME: Robbery with Homicide, even if it was an
offender killed. This is because the killing took
place by reason of the robbery, while A and B
were dividing the loot.
People vs Suyu
A couple was having snack inside the car. While eating,
they saw shadows of four men trying to push the car. One
of them was Suyu. The couple was forced to open the door
and get out of the car. The men took the valuables of the
couple. While the men were taking the valuables, the
boyfriend ran and left the girlfriend. After taking the
valuables, the men dragged the abandoned girlfriend to a
nearby nipa hut. Inside the nipa hut, the girlfriend was
raped by Suyu, the mastermind. After Suyu, the girlfriend
was again raped by the other companion. The girlfriend
was raped three times. Rape with carnal knowledge and
rape with sexual assault were committed against her. The
Page 131
CRIMINAL LAW 2
Page 132
CRIMINAL LAW 2
d.
NOTE:
Under the first act, the essence of the crime is in
Example
A, in order to rob the house made an opening in the roof,
sufficient for him to enter. So he used a rope in going
down and thereafter he took the valuables and then left.
What crime is committed?
Robbery by use of force upon things. A made an
opening and he was able to enter fully.
2.
NOTE:
The second act is when the offender was able to
Example
A and B are brothers, living in the same house and in the
same room but have different cabinets where each of the
cabinets have locks. One time brother A was in need of
money and wanted to borrow money from brother B, but
brother B was out of the house. So what brother A did
was that he forcibly opened the cabinet of brother B and
took the expensive jewelries of brother B and
Page 133
CRIMINAL LAW 2
NOTE:
That in case of robbery with violence or
Example:
A went to the house of B. A told B this is a hold up and
bring out the valuables. Instead of bringing the valuables
to A, B panicked and shouted. A therefore shot B. B died.
A also panicked and left the place without bringing his
loot. What is/are the crime/s committed?
The crime committed by A is attempted robbery
with homicide. This is also a special complex
crime. Here robbery was attempted because he
was unable to take any of the property. The fact
that A was able to announce hold-up and bring the
Page 134
Chapter Two
BRIGANDAGE
CRIMINAL LAW 2
Art. 306
PD 532
Example:
1. A person who found a lost personal property of
another but did not give it to the police, there is
theft.
2. A damaged the property of B, he make use of that
damage.
3. There is a vacant lot guarded by X. A person
entered the vacant lot and took the fruits.
Valenzuela v. People
There is no frustrated theft. In this case, the offender took
boxes of tide from SM North Edsa and placed it in the taxi.
Before they were able to left the premises of SM, they were
a p p r e h e n d e d . T h e o ff e n d e r s w e r e c h a r g e d o f
consummated theft. They did not deny that they committed
theft but their defense is that they committed frustrated
theft.
The SC En Banc in 2007 ruled that there is no crime as
frustrated theft. In case of theft, unlawful taking is deemed
complete the moment the offender gain possession of the
property of another, theft is consummated.
Chapter Three
THEFT
Page 135
CRIMINAL LAW 2
3.
4.
5.
6.
the car. X drove away with the car. What is the crime
committed?
The crime committed is carnapping. Even if there
is no violence or intimidation against person or
force upon things, so long as said taking is without
the consent of the owner, it will amount to
carnapping.
Example:
A is a domestic servant. When his master was out of the
house, A went to the masters bedroom and took the
jewelries. In the information cited that he was a domestic
servant but the information did not state that A took the
jewelries with grave abuse of confidence. Is A liable for
qualified theft?
Yes, according to the Supreme Court, the law
uses the conjunction OR. The fact that the
accused is a domestic servant, it will suffice. The
law does not require that abuse of confidence to
be established. It will suffice that the accused is a
domestic servant.
Elements:
1. Actual taking of motor vehicle
2. The vehicle belongs to another
3. There is intent to gain in the taking of the vehicle
of another
4. Said taking is taking without the consent of the
owner or by means of violence or intimidation or
by means of force upon things.
Example:
A was driving his car and suddenly felt the need to
answer the call of nature so he parked his vehicle.
Suddenly, there was X and saw A was out of the car, and
the door of the car was open and the key was left inside
Page 136
Example:
CRIMINAL LAW 2
As carabao was tied on the mango tree. X saw the
carabao alone. So what X did was he untied the carabao
and took the carabao away. A saw X with his carabao so
A tried to catch up with X. As A was able to catch up with
X, a fight ensued. X took his bolo and hacked A to death.
What is the crime committed by X?
The crime committed by X is only cattle rustling.
The fact that the owner was killed is within the
meaning of violence or intimidation against
persons. It will not bring about a separate and
distinct crime of murder. The Anti-Cattle Rustling
Law, although a special law, is not malum
prohibitum but a malum in se. Under Sec. 10 of
the law, it is expressly provided that this law
amends Art. 309 and 310 of the RPC. Since it is
an amendment, the SC it is a malum in se and not
a malum prohibitum.
Chapter Four
USURPATION
Example:
There was a vacant lot. Here comes A and B and his
family. The said land or property was being guarded by
X. A and B went inside the vacant lot and tried to build a
nipa house because they do not have any house. And so
the guard told them that A and B has no right to build a
nipa house because the lot is owned by Y. However, A
and B told the guard that they do not have any house. In
the course of the argument, A and B killed the guard.
What is/are the crimes committed?
Page 137
Chapter Five
CULPABLE INSOLVENCY
Chapter Six
SWINDLING AND OTHER DECEITS
CRIMINAL LAW 2
Art. 315. Swindling (estafa). Any person who shall
defraud another by any of the means mentioned here in
below shall be punished by:
Page 138
3.
Example:
A is bound to deliver boxes of marijuana to B. At the
bottom of the box were inferior qualities of marijuana
while on top are high grade marijuana. Is A liable of
estafa?
A is liable for estafa. B can file a case of estafa
against A. (for purposes of example only because
B may be held liable for dangerous drugs act)
CRIMINAL LAW 2
Example:
A rented a bicycle from B for Php500 for 2 hours. A was
in possession of the said bicycle. 2 hours had lapsed, A
was not able to return the bicycle to B. B demanded that
A return the bicycle, but A did not. What is the crime
committed by A?
The crime committed by A is estafa because it
there is a lease agreement. What has been
transferred to A is juridical possession of the
property by virtue of the lease agreement.
Example:
The owner of the company has blank documents with his
signature and gave it to his secretary. The said
documents will be used in case of emergency. One time
the secretary wrote a document above the blank
signature stating that the said owner will be assuming the
indebtedness of the secretary.
The crime committed by the secretary is estafa
because there is abuse of confidence. The owner
entrusted the blank document to the secretary.
Example:
Page 139
CRIMINAL LAW 2
A, Band C are newly graduates. They just passed the
nursing board exam. X learned that A, B, and C passed
the board so he went to the house of A, B and C and told
them that X has a placement agency that will help them
find work abroad. AB and C believed X, and X demanded
that they give X 100k for processing fees. A, B, and C
never saw X again. Later X was arrested. What are the
crimes committed by X?
X may be liable of estafa by falsely pretending to
possess power or agency, where in fact, he is not
licensed by the POEA of Department of Labor.
d.
Example:
A is building a house, so he went to B, who is the owner
of the hardware store. A told B that he doesnt have any
money at the moment but he will be issuing a check
guaranteeing that it will be funded on the 15th, which is
the maturity date. B believed As representation that the
check will be funded so B placed the construction
materials to A. On the 15th day of the month, the check
bounced. B sent a notice of dishonor to A, but despite
such notice of dishonor, months had passed and yet A
still failed to pay. What crimes may be filed against A?
B may file a case of estafa because the said
check was issued in concomitance with the said
fraud. Where it not for the said check, B would not
give the construction materials to A.
Page 140
CRIMINAL LAW 2
intent of AC 10-2000 does not erase imprisonment
as an alternative penalty. What 10-2000
establishes is a rule of preference, and that is, if
the offender acted in good faith, and there is clear
mistake of fact without any taint of negligence, fine
should be the appropriate penalty. Nevertheless,
still whether to impose penalty of imprisonment of
fine is within the sound discretion of the court.
Example:
If the holder deposited the check on the 100th day. Can
the drawer of the check be still held liable for violation of
BP 22?
Yes, the drawer is liable for violation of BP 22.
What is erased only is the prima facie knowledge
of insufficiency of funds. But so long as the check
is not a stale check (check beyond 6 months or
120 days). If said check is dishonored, violation of
BP 22 can still arise, because the prima facie
knowledge of insufficiency of funds can be proven
by other evidence.
NOTE:
In consonance with this penalty, the SC in the
Page 141
CRIMINAL LAW 2
Art. 316. Other forms of swindling. The
penalty of arresto mayor in its minimum and
medium period and a fine of not less than the
value of the damage caused and not more than
three times such value, shall be imposed upon:
1. Any person who, pretending to be owner
of any real property, shall convey, sell,
encumber or mortgage the same.
2. Any person, who, knowing that real
property is encumbered, shall dispose of
the same, although such encumbrance
be not recorded.
3. The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract.
5. Any person who shall accept any
compensation given him under the belief
that it was in payment of services
rendered or labor performed by him,
when in fact he did not actually perform
such services or labor.
6. Any person who, while being a surety in
a bond given in a criminal or civil action,
without express authority from the court
or before the cancellation of his bond or
before being relieved from the obligation
contracted by him, shall sell, mortgage,
or, in any other manner, encumber the
real property or properties with which he
guaranteed the fulfillment of such
obligation.
Page 142
Chapter Eight
ARSON AND OTHER CRIMES INVOLVING
DESTRUCTIONS
Chapter Eight
A R S O N A N D O T H E R C R I M E S I N V O LV I N G
DESTRUCTIONS
Art. 320. Destructive arson. The penalty of reclusion
temporal in its maximum period to reclusion perpetua
shall be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder
or fireworks factory, ordinance, storehouse, archives
or general museum of the Government.
2. Any passenger train or motor vehicle in motion or
vessel out of port.
3. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.
2. By reclusion temporal:
(a) If an inhabited house or any other building in which
people are accustomed to meet is set on fire, and the
culprit did not know that such house or building was
occupied at the time, or if he shall set fire to a moving
freight train or motor vehicle, and the value of the
damage caused exceeds 6,000 pesos;
(b) If the value of the damage caused in paragraph (b)
of the preceding subdivision does not exceed 6,000
pesos;
(c) If a farm, sugar mill, cane mill, mill central, bamboo
groves or any similar plantation is set on fire and the
damage caused exceeds 6,000 pesos; and
(d) If grain fields, pasture lands, or forests, or plantings
are set on fire, and the damage caused exceeds 6,000
pesos.
CRIMINAL LAW 2
3. By prision mayor:
(a) If the value of the damage caused in the case
mentioned in paragraphs (a), (c), and (d) in the next
preceding subdivision does not exceed 6,000 pesos;
(b) If a building not used as a dwelling or place of
assembly, located in a populated place, is set on fire,
and the damage caused exceeds 6,000 pesos;
Page 143
CRIMINAL LAW 2
(a) That the total insurance carried on the building and/
or goods is more than 80 per cent of the value of such
building and/or goods at the time of the fire;
(b) That the defendant after the fire has presented a
fraudulent claim for loss.
3.
4.
SAMPLE PROBLEM:
1. A is a maid and it was Christmas time. A wanted to
go to the province so she asked the master of the
house if she can go to the province. The master of
the house said no. The maid got mad, so while
the master of the house and his family are
sleeping, A burned the house and left. The house
of the master was not the only one burned, but
also the neighbors houses. The master and his
children were killed.
What is/are the crimes
committed by A? Is A liable for destructive arson or
simple arson only?
2.
Page 144
5.
CRIMINAL LAW 2
MALICIOUS MISCHIEF
Art. 327. Who are liable for malicious mischief. Any
person who shall deliberately cause the property of
another any damage not falling within the terms of the
next preceding chapter shall be guilty of malicious
mischief.
Sample problem:
A and B were fighting, and in the course of their fight, A fell
on the floor and the floor was damaged. The liability will
only be a civil action for damages.
Page 145
2.
3.
4.
Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY
Art. 332. Persons exempt from criminal liability. No
criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by
the following persons:
1. Spouses, ascendants and descendants, or relatives
by affinity in the same line.
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before the
same shall have passed into the possession of
another; and
3. Brothers and sisters and brothers-in-law and sistersin-law, if living together.
The exemption established by this article shall not be
applicable to strangers participating in the commission
of the crime.
1st Act
Q:In the Case of Carungcong vs People, the son in law a
Japanese National , by means of deceit made his mother in
law sign a SPA, said SPA was used to sell the property of
Tagaytay. The mother died without receiving the proceeds
of the sale. The daughter of the mother wanted to file a
case against the son-in law. Note that the wife of the
Japanese national is already deceased. Does article apply
in this case where the crime committed is estafa even if the
wife of the Japanese National is already dead?
CRIMINAL LAW 2
A: The relationship by affinity is still existing. The purpose
is to ensure harmony within the family. Article 332 will still
apply. The Son in law may be prosecuted. The crime is
estafa through falsification of public document. The crime
committed is the complex crime of estafa through
falsification of public document. Article 332 will not apply
though there is a relationship because the crime is already
complexed.
Article 332, paramours, mistresses, are within the meaning
of wives. Step fathers- ascendants, step childrendescendants.
Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
ADULTERY AND CONCUBINAGE
Art. 333. Who are guilty of adultery. Adultery is
committed by any married woman who shall have
sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her knowing her
to be married, even if the marriage be subsequently
declared void.
Adultery shall be punished by prision correccional in
its medium and maximum periods.
If the person guilty of adultery committed this offense
while being abandoned withoutjustification by the
offended spouse, the penalty next lower in degree than
thatprovided in the next preceding paragraph shall be
imposed.
Elements of concubinage:
Page 146
1.
2.
3.
Elements:
1. T h a t t h e o f f e n d e r c o m m i t s a n y a c t o f
lasciviousness or lewdness;
2. That the act of lasciviousness is committed
against a person of either sex;
3. That it is done under any of the following
circumstances:
a. Using force or intimidation
b. When the offended party is deprived of
reason or otherwise unconscious
c. By means of fraudulent machination or
grave abuse of authority
d. When the offended party is under 12
years of age or demented
Chapter Three
SEDUCTION, CORRUPTION OF MINORS
AND WHITE SLAVE TRADE
Art. 337. Qualified seduction. The seduction of a
virgin over twelve years and under eighteen years of
age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted
with the education or custody of the woman seduced,
CRIMINAL LAW 2
shall be punished by prision correccional in its
minimum and medium periods.
The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge of
any of the persons and under the circumstances
described herein.
Sample Problem:
In order to have sexual congress with the woman, the man
promised to marry the man. Crime committed is seduction.
Page 147
Chapter Four
ABDUCTION
Art. 342. Forcible abduction. The abduction of any
woman against her will and with lewd designs shall be
punished by reclusion temporal.
The same penalty shall be imposed in every case, if the
female abducted be under twelve years of age.
Art. 343. Consented abduction. The abduction of a
virgin over twelve years and under eighteen years of
age, carried out with her consent and with lewd
designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.
CRIMINAL LAW 2
SAMPLE PROBLEM:
1. X is a turned down suitor of A. X forcibly took A,
who was sitting in the door step of her house. X
professed his love to A. However, A did not accept
him so X raped him 7 times within 7 days. How
many crimes are committed? What are the crimes
committed?
The crimes committed by X are 7 crimes: 1 crime forcible
abduction with rape and 6 crimes of rape. Separate and
distinct from each other.
2.
CONSENTED ABDUCTION:
Elements:
1. The woman must be a virgin
2. She must be over 12 years but under 18
3. The taking away must be with her consent, after
solicitation or cajolery from the offender
4. The taking away must be with lewd designs.
Sample Problem
The girl was 15 and the boyfriend was 25. The said
boyfriend was able to take away the girl with her consent.
The parents of the girl filed a case. Per Maam, she was
able to handle a similar case where the girl was 16 and the
man was above 18. The parents of the girl do not like the
man so the lovers eloped and lived in the house of the
man. The mother filed a case of consented abduction.
During the P.I., the said girl loved the man and even if the
mother will take her away from the man, she will always
return to the man. Also, the woman has keys of the house
of the man. Per maam the man was not at fault because it
was always the woman who would go to the mans house.
So she dismissed the case.
Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING
Page 148
Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Chapter one
SIMULATION OF BIRTHS AND USURPATION OF CIVIL
STATUS
Art. 347. Simulation of births, substitution of one child
for another and concealment or abandonment of a
CRIMINAL LAW 2
legitimate child. The simulation of births and the
substitution of one child for another shall be punished
by prision mayor and a fine of notexceeding 1,000
pesos.
The same penalties shall be imposed upon any person
who shall conceal or abandonany legitimate child with
intent to cause such child to lose its civil status.
Any physician or surgeon or public officer who, in
violation of the duties of hisprofession or office, shall
cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs, shall
suffer the penalties therein prescribed and also the
penalty of temporary special disqualification.
Sample problem:
1. A was a pregnant. She told the midwife that she
does not want the baby. The midwife said that she
knew a couple who wanted a child. This couple
took the baby and registered the child as their
own. What are the crimes committed and who are
liable?
Chapter Two
ILLEGAL MARRIAGES
Art. 349. Bigamy. The penalty of prision mayor shall
be imposed upon any person who shall contract a
second or subsequent marriage before the former
marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead
by means of a judgment rendered in the proper
proceedings.
Sample problem:
A and B are married. B, the husband fell in love with
another woman, and married the woman thereafter. It is
now a bigamous married. A bigamous marriage is an
otherwise valid marriage, except for the fact that there is a
subsisting marriage.
2.
3.
All of them are all liable for simulation of birth. The said
couple pretended that the child is their own child. In that
case, said child lost its original status.
Sample problem:
1. The offender abandons the child in the forest. The
child is one month old. Later however the child
was rescued. The crime committed was attempted
parricide, because it can be seen that there was
intent to kill.
2.
Page 149
Person liable:
1. A woman who married within 301 days from the
death of her husband, or before delivery of her
baby
2. A woman whose marriage having been annulled
or dissolved, married before delivery or before
CRIMINAL LAW 2
Title Thirteen
CRIMES AGAINST HONOR
Chapter One
LIBEL
Section One. Definitions, forms, and punishment of
this crime.
Page 150
Forms of libel:
1. Written defamation
2. Oral defamation
3. Slander by deed
4. Defamatory acts
Elements of libel:
1. There must be an imputation or allegation of a
crime, or a vice of defect, real or imaginary, or any
act or omission, condition, status or circumstance
which tend to dishonor or discredit a natural or
juridical person.
2. That there must be a publication of these
imputation;
3. The identity of the person defamed must be
established or identified;
4. The existence of malice.
Instances:
CRIMINAL LAW 2
Malice in fact- refers to privilege in communication, refers to
private communication, reports, or any acts performed by a
public officer. In this case the law does not presumes
malice. Malice must be proven by the prosecution
otherwise there would be acquittal
ORAL DEFAMATION/SLANDER
1. Grave oral defamation- when serious and insulting
and nature.
SLANDER BY DEED
Slander by deed- refers to acts not words, with the intent to
defame the person. It can also be (a)serious, grave slander
by deed, or (b) simple slander by deed.
Page 151
CRIMINAL LAW 2
against Government employees with respect to facts
related to the discharge of their official duties.
In such cases if the defendant proves the truth of the
imputation made by him, he shall be acquitted.
Chapter Two
INCRIMINATORY MACHINATIONS
Art. 363. Incriminating innocent person. Any person
who, by any act not constituting perjury, shall directly
incriminate or impute to an innocent person the
commission of a crime, shall be punished by arresto
menor.
Sample problem
Title Fourteen
QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence. Any person
who, by reckless imprudence, shall commit any act
which, had it been intentional, would constitute a grave
felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium
period; if it would have constituted a less grave felony,
the penalty of arresto mayor in its minimum and
medium periods shall be imposed; if it would have
constituted a light felony, the penalty of arresto menor
in its maximum period shall be imposed.
Any person who, by simple imprudence or negligence,
shall commit an act which would otherwise constitute a
grave felony, shall suffer the penalty of arresto mayor
in its medium and maximum periods; if it would have
constituted a less serious felony, the penalty of arresto
mayor in its minimum period shall be imposed.
When the execution of the act covered by this article
shall have only resulted in damage to the property of
Page 152
CRIMINAL LAW 2
Sample problem:
A and B are having sex. B proposed to video their sexual
act to which A consented. There is no crime. However, if B
later on reproduced the video, B is still liable.
Penalty: imprisonment of not less than 3 years but not
more than 7 years AND fine of not less than 100k but not
more than 500k, or both at the discretion of the court.
Page 153