Professional Documents
Culture Documents
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CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
3
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
Q: In what cases does the RPC have an A: The English rule recognizes that the host country
extraterritorial application? has jurisdiction over crimes committed on board
the vessel unless they involve the internal
A: Against those who: management of the vessel.
1. Should commit an offense while on a
Philippine ship or airship Q: What is the rule on foreign merchant vessels in
2. Should forge or counterfeit any coin or possession of dangerous drugs?
currency note of the Philippine Islands or
obligations and securities issued by the A:
Government of the Philippine Islands 1. In transit possession of dangerous drugs is
3. Should be liable for acts connected with not punishable, but the use of the same is
the introduction into these islands of the punishable.
obligations and securities mentioned in 2. Not in transit mere possession of dangerous
the preceding number drugs is punishable.
4. While being public officers or employees,
should commit an offense in the exercise Q: When is forgery committed?
of their functions; or
5. Should commit any of the crimes against A: Forgery is committed by giving to a treasury or
national security and the law of nations. bank note or any instrument payable to bearer or
(Art. 2, RPC) to order the appearance of a true genuine
document or by erasing, substituting, counterfeiting
Q: What is a Philippine ship? or altering, by any means, the figures, letters, words
or sign contained therein.
A: One that is registered in accordance with
Philippine laws. If the vessel is in the high seas, it is Note: If forgery was committed abroad, it must refer
considered as an extension of the Philippine only to Philippine coin, currency note, or obligations
territory and the Philippines still has jurisdiction. and securities. Obligations and securities of the GSIS,
But if the vessel is within the territory of another SSS, and Landbank are NOT of the government
country, jurisdiction is generally with the foreign because they have separate charters.
State because penal laws are primarily territorial in
application. Those who introduced the counterfeit items are
criminally liable even if they were not the ones who
counterfeited the obligations and securities. On the
Q: What are the requirements of an offense
other hand, those who counterfeited the items are
committed while on a Philippine ship or airship?
criminally liable even if they did not introduce the
counterfeit items.
A:
1. The ship or airship must be registered with the Q: When does a public officer or employee commit
Philippine Bureau of Customs. an offense in the exercise of their functions?
2. The ship must be in the high seas or the airship
must be in international space. A: As a general rule, the RPC governs only when the
crime committed pertains to the exercise of the
Q: What are the two recognized rules on public officials functions, those having to do with
jurisdiction over merchant vessels? the discharge of their duties in a foreign country.
The functions contemplated are those, which are,
A: The French rule and the English rule. These rules under the law, to be performed by the public officer
refer to the jurisdiction of one country over its in the Foreign Service of the Philippine government
merchant vessels situated in another country. in a foreign country.
These do not apply to war vessels over which a
country always has jurisdiction. Note: This rule is not absolute. The RPC governs if the
crime was committed within the Philippine Embassy or
Q: What is the French rule? within the embassy grounds in a foreign country. This
is because embassy grounds are considered an
A: The French rule recognizes the jurisdiction of the extension of sovereignty.
flag of the country for crimes committed on board
the vessel except if the crime disturbs the peace
and order and security of the host country.
Q: What is the English rule?
5
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
7
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
9
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
1. Committing a felony although the directed, but he was not really the intended
wrongful act done be different from that victim. There was really a mistake in identity.
which he intended. (A, wanting to kill B, killed C instead)
2. Performing an act which would be an 2. Mistake in blow (aberratio ictus) -- A person
offense against persons or property, were directed the blow at an intended victim, but
it not for the inherent impossibility of its because of poor aim, that blow landed on
accomplishment or on account of the somebody else. In aberratio ictus, the
employment of inadequate or ineffectual intended victim and the actual victim are both
means. (Art. 4) at the scene of the crime. (A, shot at B, but
because of lack of precision, hit C instead.)
Q: What are the requisites of Art 4 Par. 1, 3. Injurious consequences are greater than that
committing a felony although the wrongful act intended (praeter intentionem) -- The injury is
done be different from that which he intended? on the intended victim but the resulting
consequence is so grave a wrong than what
A: was intended. It is essential that there is a
1. That an intentional felony has been notable disparity between the means
committed. employed or the act of the offender and the
2. That the wrong done to the aggrieved party be felony which resulted. This means that the
the direct, natural and logical consequence of resulting felony cannot be foreseen from the
the felony committed by the offender. (US v. acts of the offender. (A, without intent to kill,
Brobst, 14 Phil 310) struck the victim on the back, causing the
victim to fall down and hit his head on the
Q: What is meant by direct, natural and logical pavement.)
consequence?
Note: Praeter intentionem is a mitigating
A: circumstance particularly covered by paragraph 3 of
1. Blow was efficient cause of death Article 13.
2. Blow accelerated death
3. Blow was proximate cause of death Note: The three enumerated situations are always the
result of an intentional felony or dolo. These situations
Q: In an act to discipline his child, the father claims do not arise out of criminal negligence.
that the death of his child was not intended by
him. Is his contention correct? Q: What are the distinctions between aberratio
ictus and error in personae?
A: No. He is liable under Art. 4(1) of the RPC. In
order that a person may be criminally liable for a A:
felony different from that which he intended to ABERRATIO ICTUS ERROR IN PERSONAE
commit, it is indispensible (a) that a felony was
A person directed the
committed and (b) that the wrong done to the The victim actually
blow at an intended
aggrieved person be the direct consequence of the received the blow, but
victim, but because of
crime committed by the perpetrator. In beating his he was mistaken for
poor aim, that blow
son and inflicting upon him physical injuries, he another who was not at
landed on somebody
committed a felony. As a direct consequence of the the scene of the crime.
else.
beating suffered by the child, he expired. His
criminal liability for the death of his son, is thus There are only two
clear. (People v. Sales, G.R. No. 177218, October 3, The offender, the
persons present in error
2011) intended victim as well
in personae - the actual
as the actual victim are
(not the intended
Q: What are the causes which may produce a all at the scene of the
victim) and the
result different from that which the offender crime.
offender.
intended?
Q: A and B went on a drinking spree. While they
A:
were drinking, they had some argument so A
1. Mistake in identity (error in personae) -- The
stabbed B several times. As defense is that he had
offender intends the injury on one person but
no intention of killing his friend and that he did
the harm fell on another. The intended victim
not intend to commit so grave a wrong as that
was not at the scene of the crime. It was the
committed. Is praeter intentionem properly
actual victim upon whom the blow was
invoked?
A: No, because praeter intentionem is mitigating As a rule, the offender is criminally liable for all the
only if there is a notable disparity between the consequences of his felonious act, although not
means employed and the resulting felony. The fact intended, if the felonious act is the proximate cause
that several wounds were inflicted on B is hardly of the felony.
compatible with the idea that he did not intend to
commit so grave a wrong as that committed. Q: What are the requisites of proximate cause?
Q: What is mistake of fact? A:
1. The direct, natural, and logical cause
A: Mistake of fact is the misapprehension of facts 2. Produces the injury or damage
on the part of the person who caused injury to 3. Unbroken by any efficient intervening cause
another. He is not, however, criminally liable, 4. Without which the result would not have
because he did not act with criminal intent. It is occurred
necessary that had the facts been true as the
accused believed them to be, the act is justified. Q: Is proximate cause the same as immediate
Moreover, the offender must believe that he is cause?
performing a lawful act.
A: Not necessarily. Immediate cause may be a cause
Note: Mistake of fact is a defense only in intentional which is far and remote from the consequence
felonies which sets into motion other causes which resulted
in the felony. Proximate cause does not require that
Q: What are the requisites of mistake of fact? the offender needs to actually touch the body of
the offended party. It is enough that the offender
A: generated in the mind of the offended party the
1. That the act done would have been lawful had belief that made him risk himself.
the facts been as the accused believed them to
be Example:
2. That the intention of the accused in
performing the act is lawful X and Y are crew members of cargo vessel.
3. That the mistake must be without fault or They had a heated argument. X with a big knife
carelessness on the part of the accused in hand threatened to kill Y. The victim Y,
believing himself to be in immediate peril,
Q: Ah Chong was afraid of bad elements so one threw himself into the water. X died of
evening, before going to bed, he locked himself in drowning. In this case, Y is liable for homicide
his room and placed a chair against the door. After for the death of Y.
going to bed, he was awakened by someone who
was trying to open the door. He called out, Who Even if other causes cooperated in producing
is there? twice but received no answer. He then the fatal result as long as the wound inflicted is
said, If you enter the room, I will kill you. At that dangerous, that is, calculated to destroy or
moment, he was struck by the chair. Believing he endanger life, the actor is liable.
was being attacked, he took a kitchen knife and
stabbed the intruder who turned out to be his It is important that there be no efficient
roommate. Is he criminally liable? intervening cause.
A: No. There was mistake of fact. Had the facts Q: When is the felony committed not the
been as Ah Chong believed them to be, he would proximate cause of the resulting injury?
have been justified in killing the intruder under
Article 11, paragraph 1, which is self-defense. (US v. A:
Ah Chong, G.R. No. L-5272, March 19, 1910) 1. There is an efficient intervening cause
between the felony committed and the
Q: What is a proximate cause? resulting injury.
2. Resulting injury or damage is due to the
A: Proximate cause has been defined as that cause, intentional act of the victim.
which, in natural and continuous sequence,
unbroken by any efficient intervening cause,
produces the injury, and without which the result
would not have occurred. (People v. Villacorta, G.R.
No. 186412, September 7, 2011)
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CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
Q: What is an efficient intervening cause? A: No. Taking into account the incubation period of
tetanus toxic, medical evidence were presented
A: It is an intervening active force which is a distinct that tetanus toxic is good only for two weeks. That
act or fact absolutely foreign from the felonious act
if, indeed, the victim had incurred tetanus
of the accused.
poisoning out of the wound inflicted by A, he would
Q: Cruz and Villacorta were regular customers at not have lasted two months. What brought about
Mendejas store. At around two oclock in the tetanus to infect the body of B was his working in
morning of January 23, 2002, while Cruz was his farm using his bare hands. Because of this, the
ordering bread at Mendejas store, Villacorta Supreme Court said that the act of B of working in
suddenly appeared and, without uttering a word, his farm where the soil is filthy, using his own
stabbed Cruz on the left side of Cruzs body using a
hands, is an efficient supervening cause which
sharpened bamboo stick. When Villacorta
fled, Mendeja followed chased but failed to catch relieves A of any liability for the death of B. A, if at
him. When Mendeja returned to her store, she all, is only liable for physical injuries inflicted upon
saw Aron removing the broken bamboo stick from B. (Urbano v. Intermediate Appellate Court, G.R. No.
Cruzs body. Mendeja and Aron then brought Cruz 7296, January 7, 1988)
to Tondo Medical Center and was treated as an
outpatient. Cruz was later brought to the San Q: What circumstances are considered as
Lazaro Hospital on February 14, 2002, where he inefficient intervening causes?
died the following day of tetanus infection
secondary to stab wound. What is the proximate A:
cause for the death of Cruz? 1. The weak physical condition of the victim
2. The nervousness or temperament of the victim
A: The proximate cause of Cruzs death is the 3. Causes which are inherent in the victim, such
tetanus infection, and not the stab wound. There as the victim's inability to swim
had been an interval of 22 days between the date 4. Refusal of the injured party of medical
of the stabbing and the date when Cruz was rushed attendance
to San Lazaro Hospital, exhibiting symptoms of 5. Erroneous or unskillful medical treatment
severe tetanus infection. If Cruz acquired severe
tetanus infection from the stabbing, then the Note: Although the following may have intervened in
symptoms would have appeared a lot sooner than the commission of the crime, the offender is still liable
22 days later. Cruzs stab wound was merely for the resulting crime because the proximate cause is
the remote cause, and its subsequent infection with caused by him.
tetanus might have been the proximate cause of
Cruz's death. The infection of Cruzs stab wound by C. IMPOSSIBLE CRIME [Art. 4 (2)]
tetanus was an efficient intervening cause later or
between the time Cruz was stabbed to the time of Q: What are the requisites of an impossible crime?
his death. (People v. Villacorta, G.R. No. 186412,
September 7, 2011) A:
1. Act performed would be an offense against
Q: A and B had a quarrel and started hacking each persons or property.
other. B was wounded at the back. Cooler heads
intervened and they were separated. Somehow, Note: Kidnapping is a crime against personal
their differences were patched up. A agreed to security and not against person or property
shoulder all the expenses for the treatment of the
wound of B, and to pay him also whatever lost of 2. Act was done with evil intent
income B may have failed to receive. B, on the 3. Accomplishment is inherently impossible or
other hand, signed a forgiveness in favor of A and means employed is either inadequate or
on that condition, he withdrew the complaint that ineffectual
he filed against A. After so many weeks of 4. Act performed should not constitute a
treatment in a clinic, the doctor pronounced the violation of another provision of RPC
wound already healed. Thereafter, B went back to
his farm. Two months later, B came home and he Note: The offender must believe that he can
was chilling. Before midnight, he died out of consummate the intended crime. A man stabbing
tetanus poisoning. The heirs of B filed a case of another who he knew was already dead cannot be
homicide against A. Is A liable? liable for an impossible crime.
Q: What is the essence of an impossible crime? factual situation in this case presents a physical
impossibility which rendered the intended crime
A: The essence of an impossible crime is the impossible of accomplishment. Under Art. 4 of the
inherent impossibility of accomplishing the crime or
RPC, such is sufficient to make the act an impossible
the inherent impossibility of the means employed
to bring about the crime. crime (Intod v. CA, G.R. No. 103119, October 21,
1992)
Q: What is inherent impossibility?
Q: A, a collector of Mega Foam failed to remit to
A: Inherent impossibility means that under any and the company a check which was given to him as
all circumstances, the crime could not have payment for a merchandise. She tried to deposit
materialized. the check, but he found out that the check
bounced. What crime was committed?
Q: What are the two kinds of inherent
impossibility? A: The crime committed is an impossible crime of
theft. The evil intent cannot be denied, as the mere
A: act of unlawfully taking the check meant for Mega
1. Legal impossibility which occurs where the Foam showed her intent to gain or be unjustly
intended acts, even if completed would not enriched. Were it not for the fact that the check
amount to a crime. E.g. killing a dead person. bounced, she would have received the face value
2. Physical impossibility where extraneous thereof, which was not rightfully hers. Therefore, it
circumstances unknown to the accused was only due to the extraneous circumstance of the
prevent the consummation of the intended check being unfunded, a fact unknown to the
crime. E.g. pick pocketing an empty wallet. accused at the time, that prevented the crime from
being produced. The thing unlawfully taken by the
Q: What is the penalty to be imposed on accused turned out to be absolutely worthless,
impossible crimes? because the check was eventually dishonored, and
Mega Foam had received the cash to replace the
A: The law imposes penalties to such crimes, having value of said dishonored check. (Jacinto v. People,
in mind the social danger and the degree of G.R. No. 162540, July 2009)
criminality shown by the offender. The penalty
imposed shall be that of arresto mayor or a fine Q: Buddy always resented his classmate, Jun. One
ranging from 200 to 500 pesos. day, Buddy planned to kill Jun by mixing poison in
his lunch. Not knowing where he can get poison,
Q: What is the reason for penalizing impossible he approached another classmate Jerry to whom
crimes? he disclosed his evil plan. Because he himself
harbored resentment towards Jun, Jerry gave
A: To teach the offender a lesson because of his Buddy a poison, which Buddy placed on Jun's food.
criminal perversity. Although objectively, no crime However, Jun did not die because, unknown to
is committed, but subjectively, he is a criminal. both Buddy and Jerry, the poison was actually
powdered milk. What crime or crimes, if any, did
Note: It is a principle of criminal law that the offender Jerry and Buddy commit?
will only be penalized for an impossible crime if he
cannot be punished under some other provision of the A: Jerry and Buddy are liable for the so-called
RPC. An impossible crime is a crime of last resort. impossible crime because, with intent to kill, they
tried to poison Jun and thus perpetrate murder, a
Q: Four culprits, all armed with firearms and with crime against persons. Jun was not poisoned only
intent to kill, went to the intended victims house because the would-be killers were unaware that
and after having pinpointed the latters bedroom, what they mixed with the food of Jun was
all four fired at and riddled said room with bullets, powdered milk, not poison. Criminal liability is
thinking that the intended victim was already incurred by them although no crime resulted,
there as it was about 10:00 in the evening. It so because their act of trying to poison Jun is criminal.
happened that the intended victim did not come (1998 Bar Question)
home on the evening and so was not in her
bedroom at that time. Was it an impossible crime Q: Is impossible crime a formal crime?
or attempted murder?
A: Yes. By its very nature, an impossible crime is a
A: The Supreme Court held that the culprits are formal crime. It is either consummated or not
liable only for the so-called impossible crime. The
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CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
4. Adultery the essence of the crime is sexual 1. The manner of committing the crime
congress. 2. The elements of the crime
5. Theft the essence of the crime is the 3. The nature of the crime itself
possession of the thing, once the thing has
been taken or in the possession of the person, Q: What is the distinction between attempted and
the crime is consummated. frustrated felony?
Q: When is a felony attempted? A: The difference between the attempted stage and
the frustrated stage lies on whether the offender
A: There is an attempt when the offender has performed all the acts of execution for the
commences the commission of a felony directly by accomplishment of a felony.
overt acts, and does not perform all the acts of
execution which should produce the felony by Literally, under the article, if the offender has
reason of some cause of accident other than his performed all the acts of execution which should
own spontaneous desistance. produce the felony as a consequence but the felony
was not realized, then the crime is already in the
Note: The word directly emphasizes the requirement frustrated stage.
that the attempted felony is that which is directly If the offender has not yet performed all the acts of
linked to the overt act performed by the offender not execution but he was not able to perform all the
the felony he has in his mind. acts of execution due to some cause or accident
other than his own spontaneous desistance, then it
Q: What are overt acts? is an attempted felony.
A: Overt acts are some physical activity or deed, Q: What are the distinctions between attempted,
indicating the intention to commit a particular frustrated and consummated felony?
crime, more than mere planning or preparation,
which if carried to its complete termination A:
following its natural course, without being
CONSUMMATE
frustrated by external obstacles nor by the ATTEMPTED FRUSTRATED
D
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete Not all acts of All the acts of All the acts of
offense. execution execution execution have
have been have been been
Q: What is an indeterminate offense? committed. committed. committed.
A: It is where the purpose of the offender in The crime The crime The crime is
performing an act is not certain. Its nature and has NOT has NOT accomplished.
relation to its objective is ambiguous. been been
accomplished accomplished
Q: A person enters the dwelling of another. . .
However, at the very moment of his entry and
before he could do anything, he is already Q: What are the instances wherein the stages of a
apprehended by the household members, can he crime will not apply?
be charged with attempted robbery?
A:
A: No. He can only be held liable for attempted 1. Offenses punishable by Special Penal Laws,
robbery when he has already completed all acts unless otherwise provided for.
performed by him directly leading to robbery. 2. Formal crimes (e.g., slander adultery, etc.)
However, the act of entering alone is not yet 3. Impossible crimes
indicative of robbery although that may be what he 4. Crimes consummated by mere attempt (e.g.,
may have planned to commit. He may be held liable attempt to flee to an enemy country, treason,
for trespassing. corruption of minors)
5. Felonies by omission
Q: What are the criteria involved in determining 6. Crimes committed by mere agreement (e.g.,
the stage (whether it be in the attempted, betting in sports, corruption of public officers)
frustrated or consummated stage) of the
commission of a felony?
A:
15
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
Q: What are formal crimes? design or purpose. (Franco v. People, G.R. No.
171328, February 16, 2011)
A: Crimes which are consummated in one instance
and thus do not admit of stages e.g. physical 2. Conspiracy as a basis of incurring criminal
injuries, false testimony, oral defamation. liability When the conspiracy is only a basis
of incurring criminal liability, there must be an
E. CONSPIRACY AND PROPOSAL (Art.8) overt act done before the co-conspirators
become criminally liable.
Q: What is conspiracy?
Q: Juan and Arturo devised a plan to murder Joel.
A: Conspiracy exists when two or more persons In a narrow alley near Joel's house, Juan will hide
come to an agreement concerning the commission behind the big lamppost and shoot Joel when the
of a felony and decide to commit it. latter passes through on his way to work. Arturo
will come from the other end of the alley and
Note: GR: When conspiracy exists, the degree of simultaneously shoot Joel from behind. On the
participation of each conspirator is not considered appointed day, Arturo was apprehended by the
because the act of one is the act of all, they have equal authorities before reaching the alley. When Juan
criminal responsibility. shot Joel as planned, he was unaware that Arturo
was arrested earlier. Discuss the criminal liability
XPN: Even though there was conspiracy, if a co- of Arturo, if any.
conspirator merely cooperated in the commission
of the crime with insignificant or minimal acts, A: Arturo being one of the two who devised the
such that even without his cooperation, the crime plan to murder Joel, thereby becomes co-principal
could be carried out as well, such co-conspirator
by direct conspiracy. What is needed only is an
should be punished as an accomplice only.
overt act and both will incur criminal liability.
(People v. Niem, G.R. No. 521, Dec. 20, 1945)
Arturo's liability as a conspirator arose from his
XPN to the XPN: When the act constitutes a participation in jointly devising the criminal plan
single indivisible offense. with Juan, to kill Jose and it was pursuant to that
conspiracy that Juan killed Joel. There being a
Q: What are the requisites of conspiracy? conspiracy, the act of one is the act of all. Arturo,
therefore, should be liable as a co-conspirator but
A: the penalty on him may be that of an accomplice
1. Two or more persons came to an agreement only because he was not able to actually participate
2. Agreement concerned the commission of a in the shooting of Joel, having been apprehended
crime before reaching the place where the crime was
3. Execution of a felony was decided upon committed. (1998 Bar Question)
Note: Mere knowledge, acquiescence to, or approval Q: What is the effect of conspiracy if not all the
of the act, without cooperation or at least, agreement elements of the crime is present as regards the co-
to cooperate, is not enough to constitute a conspiracy. conspirator?
Q: What are the two kinds of conspiracy? A: GR: When there is conspiracy, the fact that the
element of the offense is not present as regards
A: one of the conspirators is immaterial.
1. Conspiracy as a crime The mere conspiracy is
the crime itself. This is only true when the law XPN:
expressly punishes the mere conspiracy, 1. In parricide the element of
otherwise, the conspiracy does not bring about relationship must be present as
the commission of the crime because regards the offenders.
conspiracy is not an overt act but a mere 2. In murder where treachery is an
preparatory act. element of the crime, all offenders
must have knowledge of the
Note: Conspiracy must be proven on the same employment of the treachery at the
quantum of evidence as the felony subject of the time of the execution of the act.
agreement of the parties. It may be proved by
direct or circumstantial evidence consisting of Q: What are the two ways in committing
acts, words, or conduct of the alleged conspiracy?
conspirators prior to, during and after the
commission of the felony to achieve a common A:
17
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
another embraced in the same title of the Note: When the offender is a recidivist and at the
RPC. same time a habitual delinquent, the penalty for the
crime for which he will be convicted will be increased
Note: It is important that the conviction to the maximum period, unless offset by a mitigating
which came earlier must refer to the crime circumstance. After determining the correct penalty
committed earlier than the subsequent for the last crime committed, an added penalty will be
conviction. imposed in accordance with Article 62.
2. Reiteracion the offender has been Q: Can a convict be a habitual delinquent without
previously punished for an offense which being a recidivist?
the law attaches an equal or greater
penalty or for two or more crimes to A: Yes. When no two of the crimes committed are
which it attaches a lighter penalty. embraced in the same title of the Code.
3. Habitual delinquency the offender Q: What are the additional penalties for habitual
within the period of 10 years from the delinquency?
date of his release or last conviction of
the crimes of serious or less serious A:
rd
physical injuries, robbery, theft, estafa or 1. Upon 3 conviction Prision correcional in its
falsification, is found guilty of any of the medium and maximum periods
th
said crimes a third time or oftener. (Art. 2. Upon 4 conviction Prision mayor in its
62, RPC) medium and minimum periods
th
3. Upon 5 or additional conviction Prision
4. Quasi-recidivism Any person who shall mayor in its minimum period to Reclusion
commit a felony after having been temporal in its minimum period
convicted by final judgment before
beginning to serve such sentence or while Note: The total penalties must not exceed 30 years.
serving such sentence shall be punished
by the maximum period prescribed by law Q: What are total penalties?
for the new felony.
A: Total penalties refer to the penalties:
Q : What are the requisites of habitual 1. For the last crime of which he is found
delinquency as an aggravating circumstance? guilty;
2. Additional penalty.
A:
1. Within a period of ten years from the date of Note: The imposition of additional penalty for
his release or last conviction of the crimes habitual delinquency is constitutional because it
is neither an ex post facto law nor an additional
2. Of the crime of serious or less serious physical
punishment for former crimes. It is simply a
injuries, robbery, theft, estafa or falsification.
punishment on future crimes, the penalty being
3. He is found guilty of said crimes a third time or
enhanced on account of the criminal propensities
oftener. of the accused. (People v. Montera, 55 Phil 933)
Q: Can an offender be a recidivist and a habitual Q: What are the elements of quasi-recidivism?
delinquent at the same time?
A:
A: Yes. 1. Offender was already convicted by final
judgment of one offense
Illustration: 2. He committed a new felony before beginning
to serve such sentence or while serving the
st
If the 1 conviction is for serious physical same
injuries or less serious physical injuries and the
nd
2 conviction is for robbery, theft or estafa Note: The offender must be serving sentence by virtue
rd
and the 3 is for falsification, then the of final judgment to trigger the application of Art. 160,
moment the habitual delinquent is on his on quasi recidivism.
fourth conviction, he is a habitual delinquent
and at the same time a recidivist because at Q: When is quasi recidivism applicable?
least, the fourth time will have to fall under
any of the three categories.
A: Art. 160 applies although the next offense is three inmates who were confined in the prison
different in character from the former offense for hospital, resulting in the death of one and the
which the defendant is serving sentence. It makes infliction of numerous stabs on the others. After
no difference whether the crime for which an said incident, the defendants voluntarily
accused is serving sentence at the time of the surrendered to the authorities and plead guilty to
commission of the offense charged, falls under the said crimes. The lower court found the defendants
RPC or under a special law. guilty of the crime of murder and imposed the
penalty of death. On automatic review by the
Q: The CFI of Rizal found the defendants guilty of Supreme Court, defendants contend that they
the crime of murder and imposed upon them the should have been given the benefit of the
penalty of death by reason of the existence of mitigating circumstances of voluntary surrender
special aggravating circumstance of quasi- and plea of guilty. Is their argument correct?
recidivism. On automatic review by the Supreme
Court, the counsel of the defendants contends that A: No, as quasi-recidivism cannot be offset by
the allegation of quasi-recidivism in the ordinary mitigating circumstances. Quasi-recidivism
Information is ambiguous, as it fails to state is a special aggravating circumstance which imposes
whether the offenses for which the defendants the maximum of the penalty for the new offense.
were serving sentence at the time of the Article 160 specifically provides that the offender
commission of the crime charged were penalized shall be punished by the maximum period of the
by the Revised Penal Code, or by a special law. Is penalty prescribed by law for the new felony.
the argument of the counsel correct? Notwithstanding, therefore, the existence of
mitigating circumstances of voluntary surrender
A: No, as it makes no difference, for purposes of the and plea of guilty, the imposition of the supreme
effect quasi-recidivism, under Article 160 of the penalty is in order (People vs. Alicia and Bangayan,
Revised Penal Code, whether the crime for which G.R. No. L-38176, 1980).
an accused is serving sentence at the time of the
commission of the offense charged, falls under said Q: Defendants-appellants, inmates of Davao Penal
Code or under a special law (People vs. Peralta, et. Colony and while serving sentence therein, were
al., G.R. No. L-15959, 1961). found guilty of the crime of murder for killing one
Regino Gasang. In imposing the penalty, the trial
Q: Defendant-appellant, while serving sentence court sentenced them to suffer the penalty of
for the crime of homicide, killed one Sabas Aseo, death, appreciating against all the defendants the
for which the CFI of Manila found him guilty with special aggravating circumstance of quasi-
the crime of murder, meting him the penalty of recidivism and to two of them the aggravating
death. On appeal to the Supreme Court, appellant circumstance of reiteracion. Is the trial court
contend that the CFI erred in applying Article 160 correct?
of the RPC as it is applicable only when the new
crime which is committed by a person already A: No. It was error for the trial judge to consider
serving sentence is different from the crime for against the accused the aggravating circumstance
which he is serving sentence. Is the defendant of having been previously punished for two or more
correct? crimes to which the law attaches lighter penalties
because the said aggravating circumstance of
A: No, as the new offense need not be different or "reiteracion" requires that the offender against
be of different character from that of the former whom it is considered shall have served out his
offense. The deduction of the appellant from the sentences for the prior offenses. Here all the
headnote of Article 160 of the word another is accused were yet serving their respective sentences
not called for. The language is plain and ambiguous. at the time of the commission of the murder.
There is not the slightest intimation in the text of However, the special circumstance of quasi-
article 160 that said article applies only in cases recidivism was correctly considered against all the
where the new offense is different in character accused who were at the time of the commission of
from the former offense for which the defendant is the offense were undoubtedly serving their
serving the penalty. Hence, even if he is serving respective sentences (People vs. Layson, et. al., G.R.
sentence for homicide and was later found to be No. L-25177, 1969).
guilty of murder, Article 160 applies (People vs.
Yabut, G.R. No. 39085, 1933).
Q: While serving sentence for robbery in the New
Bilibid Prisons, defendants attacked and stabbed
19
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
21
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
4. When one of the offenses is penalized by a A: Yes. If there was conspiracy between the
special law offender/ offenders committing the rebellion. By
5. In continued crimes conspiracy, the crime of one would be the crime of
the other and vice versa. This is possible because
Q: What is the penalty for complex crimes under the offender in coup dtat may be any person or
Article 48? persons belonging to the military or the national
police or a public officer, whereas rebellion does
A: GR: When a complex crime is committed, the not so require. Moreover, the crime coup dtat
penalty for the most serious crime in its maximum may be committed singly, whereas rebellion
period shall be imposed. requires a public uprising and taking up arms to
overthrow the duly constituted government. Since
XPN: When the law imposes a single penalty the two crimes are essentially different and
for special complex crimes. punished with distinct penalties, there is no legal
impediment to the application of Art. 48 of the
Q: What is a continuing crime? Revised Penal Code. (2003 Bar Question)
A: It is a single crime, consisting of a series of acts Q: Can there be a complex crime of coup detat
but arising from one criminal resolution. with sedition?
Q: What is a continued crime? A: Yes, coup d'tat can be complexed with sedition
because the two crimes are essentially different
A: Here, the offender is impelled by a single and distinctly punished under the Revised Penal
criminal impulse but committed a series of acts at Code. Sedition may not be directed against the
about the same time in about the same place and government or non-political in objective, whereas
all the overt acts violate one and the same coup d'tat is always political in objective as it is
provision law. e.g. theft of 13 cows belonging to directed against the government and led by persons
different owners committed by the accused at the or public officer holding public office belonging to
same place and at the same time. the military or national police. Art. 48 of the Code
may apply under the conditions therein provided.
Q: Can there be a complex crime of coup dtat (2003 Bar Question)
with rebellion?
III. CIRCUMSTANCES WHICH AFFECT CRIMINAL A: The accused. The circumstances mentioned in
LIABILITY Article 11 are matters of defenses so that it is
incumbent upon the accused, in order to avoid
Q: What are the circumstances affecting criminal criminal liability, to prove the justifying
liability? circumstances claimed by him to the satisfaction of
the court. El incombit probotion qui decit non qui
A: JEMAA negat (He who asserts, not he who denies, must
1. Justifying circumstances prove).
2. Exempting circumstances
3. Mitigating circumstances SELF-DEFENSE .
4. Aggravating circumstances
5. Alternative circumstances Q: What rights are included in self-defense?
Q: What are the other two circumstances found in A: Self-defense includes not only the defense of the
the RPC affecting criminal liability? person or body of the one assaulted but also that of
his rights, the enjoyment of which is protected by
A: law. Thus, it includes:
1. Absolutory cause has the effect of an 1. Defense of the person
exempting circumstance and it is predicated 2. Defense of rights protected by law
on lack of voluntariness such as instigation 3. The right to honor.
Example: In cases of instigation and in case a Note: Hence, a slap on the face is
relative of a principal is charged as an considered as unlawful aggression since the
accessory, he is exempt from criminal liability. face represents a person and his dignity. It is
a serious, personal attack (Rugas v. People,
2. Extenuating circumstances has the effect of G.R. No. 147789, Jan.14, 2004)
mitigating the criminal liability of the offender
4. The defense of property rights can be
Example: In case of infanticide, concealment invoked if there is an attack upon the
of dishonor is an extenuating circumstance property although it is not coupled with
insofar as the pregnant woman and the an attack upon the person of the owner
maternal grandparents are concerned. of the premises. All the elements for
Abortion under Art. 258 would also mitigate justification must however be present.
the liability of the pregnant woman if the (People v. Narvaez, G.R. Nos. L-33466-67,
purpose is to conceal dishonor but such is not Apr. 20, 1983)
available to the parents of the pregnant 5. Self-defense in libel. Physical assault may
woman. be justified when the libel is aimed at the
persons good name, and while the libel is
JUSTIFYING CIRCUMSTANCES . in progress, one libel deserves another.
(Art. 11) .
Note: What is important is not the duality of the attack
Q: What are justifying circumstances? but whether the means employed is reasonable to
prevent the attack.
A: They are those acts of a person said to be in
Q: Why is self-defense justified?
accordance with law, such that a person is deemed
not to have transgressed the law and is free from
A: It is impossible for the State to protect all its
both criminal and civil liability. They are:
citizens. Also, a person cannot just give up his rights
1. Self-defense
without resistance being offered.
2. Defense of relatives
3. Defense of stranger
Q: What is the meaning of stand ground when
4. Avoidance of greater evil or injury
right?
5. Fulfillment of duty or exercise of right or
office
A: The law does not require a person to retreat
6. Obedience to an order of a superior
when his assailant is rapidly advancing upon him
with a deadly weapon, because he runs the risk of
Q: Who has the burden of proving the existence of
being attacked in the back by the aggressor.
justifying circumstances?
Q: What are the effects of self-defense?
23
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
A:
A: 1. Actual or material unlawful aggression which
1. When all the elements are present the means an attack with physical force or with a
person defending himself is free from criminal weapon, an offensive act that positively
liability and civil liability. determines the intent of the aggressor to
2. When only a majority of the elements are cause the injury;
present privileged mitigating circumstance 2. Imminent unlawful aggression which is an
provided there is unlawful aggression. attack that is impending or at the point of
happening; it must not consist in a mere
Q: What is the nature of self-defense? threatening attitude. (People vs. Mapait, G.R.
No. 172606, November 23, 2011)
A: The rule consistently adhered to in this
jurisdiction is that when the accuseds defense is Q: What kind of threat will amount to unlawful
self-defense he thereby admits being the author of aggression?
the death of the victim, thus it becomes incumbent
upon him to prove the justifying circumstance to A: In case of threat, it must be offensive and strong,
the satisfaction of the court. (People v. Del Castillo positively showing the wrongful intent to cause
et al., G.R. No. 169084, January 18, 2012) injury. It presupposes actual, sudden, unexpected
or imminent dangernot merely threatening and
Q: What are the requisites of self-defense? intimidating action. It is present only when the one
attacked faces real and immediate threat to ones
A: life. (People v Maningding, G.R. No. 195665,
1. Unlawful aggression September 14, 2011 reiterating People v. Gabrino
2. Reasonable necessity of the means employed and People v. Manulit)
to prevent or repel it
3. Lack of sufficient provocation on the part of Q: What is the test for the presence of unlawful
the person defending himself aggression in self defense?
Q: What must the nature of the unlawful A: The test for the presence of unlawful aggression
aggression be in order to successfully invoke self under the circumstances is whether the aggression
defense? from the victim put in real peril the life or personal
safety of the person defending himself. (People v.
A: For unlawful aggression to be appreciated, there Mapait, ibid.)
must be an actual, sudden and unexpected attack,
or imminent danger thereof, not merely a Q: What is the effect if there was a mistake of fact
threatening or intimidating attitude and the on the part of the accused?
accused must present proof of positively strong act
of real aggression. (People v. Sabella y Bragais, G.R. A: In relation to mistake of fact, the belief of the
No. 183092, May 30, 2011; People v. Campos and accused may be considered in determining the
Acabo, G.R. No. 176061, July 4, 2011) existence of unlawful aggression.
Note: There is no unlawful aggression when there was Example: There is self- defense even if the
an agreement to fight and the challenge to fight has aggressor used a toy gun provided that the accused
been accepted. But aggression which is ahead of a believed it to be a real gun.
stipulated time and place is unlawful.
Q: Who must have done the unlawful aggression?
Q: What are the elements of unlawful aggression?
A: In order to constitute an element of self-defense,
A: There are three elements of unlawful aggression: the unlawful aggression must come, directly or
(a) There must be a physical or material indirectly, from the person who was subsequently
attack or assault; attacked by the accused. (People v. Gutierrez, G.R.
(b) The attack or assault must be actual, or, No. 31010, September 26, 1929)
at least, imminent; and
(c) The attack or assault must be unlawful. Q: A claims that the death of B was an accident
(People vs. Mapait, G.R. No. 172606, and his act was just for self defense when his
November 23, 2011) revolver accidentally hit the victim while he was
struggling the same with his real enemy, C. Is his
Q: What are the two kinds of unlawful aggression? contention correct?
A: No. In this case, A was not repelling any unlawful A: No. The person defending himself cannot be
aggression from B, thereby rendering his plea of expected to think clearly so as to control his blow.
self-defense unwarranted. His act amounted to The killing of the unlawful aggressor may still be
aberratio ictus. (Matic vs. People, G.R. No. 180219, justified as long as the mortal wounds are inflicted
November 23, 2011) at a time when the elements of complete self
defense are still present.
Q: What factors are taken into consideration in
determining whether or not the means employed Q: A, unlawfully attacked B with a knife. B then
by the person defending himself are reasonable? took out his gun which caused A to run away. B,
after treating his wounds, pursued A and shot him.
A: Can B invoke self-defense?
1. Nature and quality of the weapon used by the
aggressor. A: No. The unlawful aggression which has begun no
2. Physical condition, character, size and other longer exists. When the aggressor runs away, the
circumstances of both the offender and one making a defense has no more right to kill or
defender. even to wound the former aggressor. In order to
3. Place and occasion of the assault. justify homicide on the ground of self-defense, it is
essential that the killing of the deceased by the
Note: Perfect equality between the weapons used by defendant be simultaneous with the attack made
the one defending himself and that of the aggressor is by the deceased, or at least both acts succeeded
not required or material commensurability between each other without appreciable interval of time.
the means of attack and defense. This is because the
person assaulted does not have sufficient tranquility of Note: The aggression ceases except when retreat is
mind to think and to calculate and to choose the made to take a more advantageous position to insure
weapon used. What the law requires is rational the success of the attack begun, unlawful aggression
equivalence. continues.
Q: What are the requisites which must be present Q: One night, Lina, a young married woman, was
to satisfy the reasonable necessity of the means sound asleep in her bedroom when she felt a man
employed to prevent or repel it? on top of her. Thinking it was her husband Tito,
who came home a day early from his business trip,
A: Lina let him have sex with her. After the act, the
1. Means were used to prevent or repel man said, "I hope you enjoyed it as much as I did."
2. Means must be necessary and there is no Not recognizing the voice, it dawned upon Lina
other way to prevent or repel it that the man was not Tito, her husband. Furious,
3. Means must be reasonable depending on the Lina took out Tito's gun and shot the man. Charged
circumstances, but generally proportionate to with homicide, Lina denies culpability on the
the force of the aggressor ground of defense of honor. Is her claim tenable?
Q: In what instances can there be lack of sufficient A: No, Lina's claim that she acted in defense of
provocation on the person defending himself? honor is not tenable because the unlawful
aggression on her honor had already ceased.
A: Defense of honor as included in self-defense, must
1. No provocation at all was given to aggressor by have been done to prevent or repel an unlawful
person defending himself. aggression. There is no defense to speak of where
2. Even if provocation was given, it was not the unlawful aggression no longer exists. (1998 Bar
sufficient. Question)
3. Even if provocation was sufficient, it was not
given by the person defending himself. Q: When pleading self defense is it the burden of
4. Even if provocation was given by person proof that is transferred from the State to the
defending himself, it was not the proximate accused?
and immediate to the act of aggression.
5. Sufficient means proportionate to the damage A: The burden to prove guilt beyond reasonable
caused by the act, and adequate to stir one to doubt is not lifted from the shoulders of the State,
its commission. which carries it until the end of the proceedings. It
is the burden of evidence that is shifted to the
Q: Is the person defending expected to control his accused to satisfactorily establish the fact of self-
blows? defense. In other words, only the onus probandi
25
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
shifts to the accused, for self-defense is an 3. Person defending be not induced by revenge,
affirmative allegation that must be established with resentment or other evil motive
certainty by sufficient and satisfactory proof.
(People v. Del Castillo et al., G.R. No. 169084, Q: Who is a stranger?
January 18, 2012)
A: Any person not included in the enumeration of
Q: What are the distinctions between self-defense relatives mentioned in paragraph 2 of Art. 11.
and retaliation?
Q: What is the distinction between defense of
A: relatives and defense of strangers?
SELF-DEFENSE RETALIATION
In self-defense, the A:
unlawful aggression In retaliation, the DEFENSE OF
DEFENSE OF RELATIVES
was still existing when inceptual unlawful STRANGERS
the aggressor was aggression had already In defense of relatives,
In defense of strangers,
injured or disabled by ceased when the even though the person
if the person making the
the person making the accused attacked him. making the defense
defense acted out of
defense. acted out of some evil
revenge, resentment or
motive, he can still
some evil motive in
DEFENSE OF RELATIVES . invoke the justifying
killing the aggressor, he
circumstance, as long as
cannot invoke the
Q: What are the requisites of defense of relatives? he did not contribute to
justifying circumstance.
the unlawful aggression
A:
1. Unlawful aggression. Anti-Violence against Women and their Children
2. Reasonable necessity of the means employed Act of 2004 (R.A. 9262)
to prevent or repel it.
3. Relative being defended gave no provocation. Q. Who is a battered woman?
Note: The law gives a leeway on the third A: She is a woman who is repeatedly subjected to
requisite, even if the relative being defended any forceful physical or psychological behavior by a
gave the provocation, if the relative making the man in order to coerce her to do something he
defense had no part therein, he can successfully wants her to do without concern for her rights.
invoke the defense of relative.
Note: Furthermore, in order to be classified as a
Q: Who are the relatives covered? battered woman, the couple must go through the
battering cycle at least twice. Any woman may find
A: herself in an abusive relationship with a man once. If it
1. Spouse occurs a second time, and she remains in the situation,
2. Ascendants she is defined as a battered woman. (People v. Genosa,
3. Descendants ibid.)
4. Legitimate, adopted brothers and sisters, or
relatives by affinity in the same degrees. Q: What is battered woman syndrome (BWS)?
5. Relatives by consanguinity within the 4th civil
degree. A: Battered Woman Syndrome" refers to a
scientifically defined pattern of psychological and
Note: If the degree of consanguinity or affinity is behavioral symptoms found in women living in
beyond the fourth degree, it will be considered battering relationships as a result of cumulative
defense of a stranger. abuse.
3. DEFENSE OF STRANGERS . The battered woman syndrome is characterized by
the so-called cycle of violence, which has 3 phases.
Q: What are the requisites of defense of strangers? 1. Tension building phase
2. Acute battering incident
A: 3. Tranquil, loving (or at least non-violent)
1. Unlawful aggression phase
2. Reasonable necessity of the means
employed to prevent or repel it Q: Can BWS be used as a defense?
27
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
29
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
3. After judgment or while serving sentence into consideration all the facts and circumstances
execution of judgment is suspended, the afforded by the records in each case, the manner
accused is committed to a hospital. The period the crime was committed, and the conduct of the
of confinement in the hospital is counted for offender after its commission. (People v. Doquea,
the purpose of the prescription of the penalty. 68 Phil 580)
Q: What is the effect of insanity at the time of the Q: What is the distinction between intent and
trial? discernment?
A: In case of insanity at the time of the trial, there A:
will be suspension of the trial until the mental
capacity of the accused is restored to afford him fair INTENT DISCERNMENT
trial. The mental capacity to
The determination to
tell right from wrong. It
do a certain thing, an
Q: What are the other instances of insanity? relates to the moral
aim or purpose of the
significance that a
mind. It is the design to
A: person ascribes to his
resolve or
a. Dementia praecox (Schizoprenia)- is covered by act and relates to the
determination by which
the term insanity because homicidal attack is intelligence as an
a person acts.
common in such form of psychosis. It is element of dolo.
characterized by delusions that he is being
interfered with sexually, or that his property is
being taken, thus the person has no control Juvenile Justice and Welfare Act of 2006
over his acts. (R.A. 9344)
b. Kleptomania or presence of abnormal,
persistent impulse or tendency to steal, to be Q: What is the meaning of a child in conflict with
considered exempting will still have to be the law?
investigated by competent psychiatrist to
determine if the unlawful act is due to A: It refers to a child who is alleged as, accused of,
irresistible impulse produced by his mental or adjudged as, having committed an offense under
defect, thus loss of willpower. If such mental Philippine laws.
defect only diminishes the exercise of his
willpower and did not deprive him of the Note: The child in conflict with the law shall enjoy the
consciousness of his acts, it is only mitigating. presumption of minority. He/she shall enjoy all the
c. Epilepsy which is chronic nervous disease rights of a child in conflict with the law until he/she is
proven to be 18 years old or older.
characterized by compulsive motions of the
muscles and loss of consciousness may be
Q: What is the minimum age of criminal
covered by the tern insanity.
responsibility?
Note: Feeblemindedness is not exempting because the
offender could distinguish right from wrong. An A:
imbecile or an insane cannot distinguish right from CRIMINAL
AGE BRACKET TREATMENT
wrong. (People of the Philippines v. Formigones, G.R. LIABILITY
No. L-3246, November 29, 1950) The child shall be
15 years old or subjected to an
Exempt
MINORITY . below intervention
program
Q: What is the basis of paragraphs 2 and 3? Above 15 but The child shall be
below 18, who subjected to an
Exempt
A: It is based on the complete absence of acted without intervention
intelligence, an element of voluntariness. discernment program
Such child shall be
Q: What is discernment? Above 15 but subjected to the
below 18, who Not appropriate
A: Discernment is the mental capacity to acted with exempt proceedings in
understand the difference between right and wrong discernment accordance with
including the capacity to fully appreciate the R.A. 9344
consequences of his unlawful act. Such capacity
may be known and should be determined by taking
Note: The exemption from criminal liability in the (18) years of age or more at the time of the
cases specified above does not include exemption pronouncement of his/her guilt, Section 40 of the
from civil liability, which shall be enforced in same law limits the said suspension of sentence
accordance with existing laws until the child reaches the maximum age of
21. Hence, the accused, who is now beyond the age
Q: What is the penalty for an offender over 15 but of twenty-one (21) years can no longer avail of the
below 18? provisions of Sections 38 and 40 of R.A. 9344 as to
his suspension of sentence, because such is already
A: None, unless he acted with discernment. In that moot and academic. (People v. Mantalaba, G.R. No.
case, the offender shall undergo diversion programs 186227, July 20, 2011 reiterating People v. Sarcia)
under R.A. 9344
Q: What are the exempting provisions under this
Q: How can age be determined? act?
A: The age of a child may be determined from the A:
child's:
1. Birth certificate 1. Status offenses (Sec 57) Any conduct not
2. Baptismal certificate considered an offense or not penalized if
3. Any other pertinent documents committed by an adult shall not be considered
an offense and shall not be punished if
Note: In the absence of these documents, age may be committed by a child.
based on information from the child himself/herself,
testimonies of other persons, the physical appearance Example: Curfews for minors
of the child and other relevant evidence. In case of
doubt as to the age of the child, it shall be resolved in
2. Offenses not applicable to children (Sec. 58)
his/her favor.
Persons below eighteen (18) years of age shall
be exempt from prosecution for the crime of:
Q: What is automatic suspension of sentence as
a. Vagrancy and prostitution under Section
provided for in Sec. 38 of R.A. 9344?
202 of RPC
b. Sniffing of rugby under Presidential
A: Once the child who is under 18 years of age at
Decree No. 1619
the time of the commission of the offense is found
guilty of the offense charged, the court shall
3. Under Sec 59 with regard to exemption from
determine and ascertain any civil liability which may
the application of death penalty.
have resulted from the offense committed.
However, instead of pronouncing the judgment of
Note: R.A. 9346 prohibits the imposition of the
conviction, the court shall place the child in conflict
death penalty in the Philippines.
with the law under suspended sentence, without
need of application: Provided, however, That
ACCIDENT WITHOUT FAULT OR INTENTION OF
suspension of sentence shall still be applied even if
CAUSING IT .(DAMNUM ABSQUE INJURIA) .
the juvenile is already 18 years of age or more at
the time of the pronouncement of his/her guilt.
Q: What are the conditions necessary to exempt
from liability under subsection 4 of Article 12 of
Upon suspension of sentence and after considering
RPC?
the various circumstances of the child, the court
shall impose the appropriate disposition measures
A:
as provided in the Supreme Court Rule on Juveniles
1. That the act causing the injury be lawful; that
in Conflict with the Law. (A.M. No. 02-1-18-SC, Nov.
is, permitted not only by law but also by
24, 2009)
regulations.
2. That it be performed with due care.
Q: If the accused was a minor during the
3. That the injury be caused by mere accident,
commission of the crime and was already beyond
i.e., by an unforeseen event.
the age 21 yrs. old at the time of the
4. That there be no fault or intention to cause the
pronouncement of his guilt, is the said accused
injury.
entitled to suspension of sentence?
Note: If not all the conditions necessary to exempt
A: No. While Section 38 of RA 9344 provides that from liability, the act should be considered as:
suspension of sentence can still be applied even if a. Reckless imprudence, if the act is executed
the child in conflict with the law is already eighteen without taking those precautions of
31
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
measures which the most common when he allegedly received the shotgun from the
prudence would require; or private complainant. As he himself admitted, he
b. Simple imprudence, if it is a mere lack of received the shotgun by placing his pointer finger,
precaution in those cases where either the also known as the trigger finger because it is used
threatened harm is not imminent or the to squeeze the trigger, inside the trigger guard and
danger is not openly visible. over the trigger itself. Worse, he did so while the
barrel of the gun was pointed at the private
Q: What is an accident? complainant. According to him, he knew that it was
not proper for a person to receive a firearm from
A: An accident is something that happens outside another by immediately inserting a finger inside the
the sway of our will, and although it comes about trigger guard. Likewise, he knew that the hand-over
through some act of our will, lies beyond the of a firearm with its barrel pointed towards the
bounds of humanly foreseeable consequences. It giver or any other person was not proper. That he
presupposes a lack of intention to commit the did these improper acts despite his training and
wrong done. experience as a security guard undermines any
notion that he had acted with due care during the
Q: What is the basis of damnum absque injuria? subject incident. (People v Lanuza y Bagaoisan, G.R.
No. 188562, August 17, 2011)
A: This exempting circumstance is based on the lack
of negligence and intent. Under this paragraph, the COMPULSION OF IRRESISTIBLE FORCE
person does not commit either an intentional or
culpable felony. Q: What is the basis this exempting circumstance?
Q: Is the offender exempt from criminal and civil A: The basis is the complete absence of freedom, an
liability? element of voluntariness.
A: Yes. The infliction of the injury by mere accident Q: What is irresistible force?
does not give rise to a criminal or civil liability, but
the person who caused the injury is duty bound to A: It is a degree of force which is external or
attend to the person who was injured. physical which reduces the person to a mere
instrument and the acts produced are done without
Illustration: and against his will.
A chauffeur, while driving his automobile on Q: What are the requisites of compulsion of
the proper side of the road at a moderate irresistible force?
speed and with due diligence, suddenly and
unexpectedly saw a man in front of his vehicle A:
coming from the sidewalk and crossing the 1. Compulsion is by means of physical force
street without any warning that he would do 2. Physical force must be irresistible
so. Because it was not physically possible to 3. Physical force must come from a third person
avoid hitting him, the said chauffeur ran over
the man with his car. It was held that he was Q: What is the nature of physical force required by
not criminally liable, it being a mere accident. paragraph 5?
(U.S. v. Tayongtong, 21 Phil. 476)
A: The force must be irresistible to reduce the actor
Q: A and B are both security guards. A turned-over to a mere instrument who acts not only without will
to B a service firearm who held it with both hands, but against his will. The duress, force, fear or
with the muzzle pointed at A and the butt towards intimidation must be present, imminent and
B. At that moment, B held opposite the muzzle of impending and of such a nature as to induce a well-
the gun where the trigger is, and almost slip with it grounded apprehension of death or serious bodily
while in the act of gripping and then immediately harm if the act is done. A threat of future injury is
the gun went off and accidentally shot A. A was not enough. The compulsion must be of such a
able to recover from the shot. B was then charged character as to leave no opportunity to the accused
with frustrated homicide. Can B raised the defense for escape or self-defense in equal combat. (People
of accident to mitigate his liability? of the Philippines v. Loreno, 130 SCRA 311)
A: No. It is axiomatic that a person who invokes Q: Baculi, who was not a member of the band
accident must prove that he acted with due which murdered some American school teachers,
care. This was belied by the conduct of the accused
was in a plantation gathering bananas. Upon entered the van wherein Feliciano Tan was. At
hearing the shooting, he ran. However, Baculi was that time, Narciso Saldaa, Elmer Esguerra and
seen by the leaders of the band who called him, Romeo Bautista were waiting for both appellants
and striking him with the butts of their guns, they from a distance of about one (1) kilometer. Is their
compelled him to bury the bodies. Is he liable as defense of uncontrollable fear tenable?
an accessory to the crime of crime?
A: By not availing of this chance to escape,
A: It was held that Baculi was not criminally liable as appellants' allegation of fear or duress becomes
accessory for concealing the body of the crime of untenable. It was held that in order that the
murder committed by the band because he acted circumstance of uncontrollable fear may apply, it is
under the compulsion of an irresistible force. (U.S. necessary that the compulsion be of such a
v. Caballeros, 4 Phil. 350) character as to leave no opportunity to escape or
self-defense in equal combat. Moreover, the reason
UNCONTROLLABLE FEAR for their entry to the van could be taken as their
way of keeping Feliciano Tan under further
Q: What is the basis of this exempting surveillance at a most critical time. (People v.
circumstance? Saldana, G.R. No. 148518, Apr. 15, 2004)
A: The basis is complete absence of freedom. PREVENTED BY SOME LAWFUL .
OR INSUPERABLE CAUSE .
Q: What are the requisites of uncontrollable fear?
Q: What is the basis of this exempting
A: circumstance?
1. Threat, which causes the fear, is of an evil
greater than or at least equal to that which he A: The basis is absence of intent.
is required to commit.
2. It promises an evil of such gravity and Q: What is insuperable cause?
imminence that the ordinary man would have
succumbed to it. A: Some motive which has lawfully, morally, or
physically prevented a person to do what the law
Q: What are the elements? commands.
A: Q: What are the requisites under this exempting
1. Existence of an uncontrollable fear circumstance?
2. Fear must be real and imminent
3. Fear of an injury is greater than or equal to A:
that committed 1. An act is required by law to be done.
2. A person fails to perform such act.
Note: A threat of future injury is not enough. The 3. Failure to perform such act was due to some
compulsion must be of such character as to leave no lawful or insuperable cause.
opportunity to the accused for escape or self-defense
in equal combat. MITIGATING CIRCUMSTANCES .
(Art. 13) .
Q: What is the difference between irresistible
force and uncontrollable fear? Q: What are mitigating circumstances?
A: A: Mitigating circumstances are those which, if
IRRESISTIBLE present in the commission of the crime, do not
UNCONTROLLABLE FEAR
FORCE entirely free the actor from criminal liability but
A person is compelled serve only to reduce the penalty.
A person is compelled by
by another to commit
another to commit a
a crime by means of Note: One single fact cannot be made the basis of
crime by means of
violence or physical more than one mitigating circumstance. Hence, a
intimidation or threat.
force. mitigating circumstance arising from a single fact
absorbs all the other mitigating circumstances arising
Q: The evidence on record shows that at the time from the same fact.
the ransom money was to be delivered, appellants
Arturo Malit and Fernando Morales, Q: What is the basis of mitigating circumstances?
unaccompanied by any of the other accused,
33
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
A: The basis is diminution of either freedom of 2. When the crime committed is not wholly
action, intelligence, or intent or on the lesser excusable (Article 69)
perversity of the offender. 3. When there are two or more mitigating
circumstances and no aggravating
Q: What are those circumstances which can circumstance, the court shall impose the
mitigate criminal liability? penalty next lower to that prescribed by law,
in the period that it may deem applicable,
A: according the number and nature of such
1. Incomplete justifying or exempting circumstances (Article 64, paragraph 5)
circumstance 4. Voluntary release of the person illegally
2. The offender is under 18 or over 70 years old. detained within 3 days without the offender
3. No intention to commit so grave a wrong attaining his purpose and before the
(praeter intentionem) institution of the criminal action (Article 268,
4. Sufficient threat or provocation paragraph 3)
5. Vindication of a grave offense 5. Abandonment without justification by the
6. Passion or obfuscation offended spouse in case of adultery (Article
7. Voluntary surrender 333, paragraph 3)
8. Physical defect 6. Concealing dishonor in case of infanticide (Art.
9. Illness of the offender 255, paragraph 2)
10. Similar and analogous circumstances
Note: if it is the maternal grandparent who
Q: Do mitigating circumstances change the nature committed the offense to conceal dishonor, the
of the crime? penalty is one degree lower. If it is the pregnant
woman who committed the offense to conceal
A: No. They reduce the penalty but do not change dishonor, the penalty is two degrees lower.
the nature of the crime.
In case of concealing dishonor by a pregnant
woman in abortion, the penalty is merely lowered
Q: What are the classes of mitigating
by period and not by degree, hence, not a
circumstances?
privileged mitigating circumstance.
A:
Q: What are contemplated in the privileged
1. Ordinary mitigating
mitigating circumstances under Art. 69?
2. Privileged mitigating
A: Incomplete justifying (Art. 11) and incomplete
Q: What are the distinctions between ordinary
exempting (Art. 12) circumstances, provided that
mitigating and privileged mitigating?
the majority of their conditions are present
A: Note: For this article to apply, it is provided that-
PRIVILEGED 1. Some of the conditions required to justify
ORDINARY MITIGATING
MITIGATING the deed or to exempt from criminal liability
Can be offset by Can never be offset by are lacking,
aggravating any aggravating 2. The majority of such conditions are
circumstances circumstance. nonetheless present, and
Ordinary mitigating 3. When the circumstance has an
Privileged mitigating indispensable element, that element must
circumstances, if not
circumstances operate be present in the case. (Regalado, 2007)
offset, will operate to
to reduce the penalty
reduce the penalty to
by one to two degrees, INCOMPLETE JUSTIFYING OR .EXEMPTING
the minimum period,
depending upon what CIRCUMSTANCE .
provided the penalty is a
the law provides.
divisible one.
Q: What is the concept of incomplete justifying or
Q: What are the privileged mitigating exempting circumstance?
circumstances under the RPC?
A: Incomplete justifying/exempting circumstance
A: means that not all the requisites to justify the act
1. When the offender is a minor under 18 years are present or not all the requisites to exempt from
of age (Article 68) criminal liability are present.
Q: How may incomplete justifying circumstance or imprudence. The effect would be like a mitigating
incomplete exempting circumstance affect circumstance since said article states that the
criminal liability of the offender? penalty will be lower than if the felony was
committed intentionally.
A: If less than a majority of the requisites necessary
to justify the act or exempt from criminal liability If the person is performing a lawful act but has the
are present, the offender shall only be entitled to intention to cause an injury, it will be an intentional
an ordinary mitigating circumstance. felony, the second and third requisite will no longer
apply.
If a majority of the requisites needed to justify the
act or exempt from criminal liability are present, UNDER 18 OR OVER 70 YEARS OLD .
the offender shall be given the benefit of a
privileged mitigating circumstance. The penalty Q: Who are covered under this mitigating
shall be lowered by one or two degrees. When circumstance?
there are only two conditions to justify the act or to
exempt from criminal liability, the presence of one A: Offenders who are:
shall be regarded as the majority. 1. Over 15 but under 18 years old who acted
with discernment
Q: What condition is necessary before incomplete 2. Over 70 years old
self-defense, defense of relative, or defense of
stranger may be invoked? Note: It is the age of the accused at the time of the
commission of the crime which should be determined.
A: The offended party must be guilty of unlawful
aggression. Without unlawful aggression, there can Q: What are the legal effects of the various age
be no incomplete self-defense, defense of relative, brackets of the offender with respect to his
or defense of stranger. criminal liability?
Q: How may incomplete self-defense, defense of A:
relative, or defense of stranger affect the criminal AGE
EFFECT ON CRIMINAL LIABILITY
liability of the offender? BRACKET
15 and
Exempting circumstance
A: If only the element of unlawful aggression is under
present, the other requisites being absent, the Exempting circumstance, if he acted
offender shall be given only the benefit of an Over 15 without discernment. Mitigating
ordinary mitigating circumstance. under 18, circumstance, if he acted with
discernment
However, if aside from the element of unlawful 18 to 70 Full criminal responsibility
aggression another requisite, but not all, is present, Mitigating circumstance; no
the offender shall be given the benefit of a imposition of death penalty;
privileged mitigating circumstance. In such a case, Over 70 execution of death sentence if
the imposable penalty shall be reduced by one or already imposed is suspended and
two degrees depending upon how the court regards commuted.
the importance of the requisites present or absent.
NO INTENTION TO COMMIT SO GRAVE A WRONG
Q: Does it apply to the exempting circumstance of (PRAETER INTENTIONEM) .
accident?
Q: What is the basis of this mitigating
A: No. Under Article 12, paragraph 4, there are four circumstance?
requisites for the exempting circumstance of
accident. First, a person must be performing a A: The basis is diminution of intent.
lawful act. Second, such must be done with due
care. Third, an injury was caused to another by Q: Should there be a notable and evident
mere accident. Fourth, there is no fault or intention disproportion between the means employed by
of causing such injury. the offender compared to that of the resulting
felony?
If the act was performed with due care but there
was fault in causing an injury, the case will fall
under Article 365, felonies by negligence or
35
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
A: If there was an interval of time, the conduct of Q: What is the meaning of the word offense in this
the offended party could not have excited the particular mitigating circumstance?
accused to the commission of the crime, he having
had time to regain his reason and to exercise self- A: The word offense should not be construed as
control. Moreover, the law presupposes that during equivalent to crime. It is enough that what was
that interval, whatever anger or diminished self- done was wrong.
control may have emerged from the offender had
already vanished or diminished. Q: What factors should be considered in
determining whether the wrong is grave or not?
Note: As long as the offender at the time he
committed the felony was still under the influence of A:
the outrage caused by the provocation or threat, he is 1. Age
acting under a diminished self-control. This is the 2. Education
reason why it is mitigating. However, there are two 3. Social status
criteria that must be taken into consideration:
1. If from the element of time, there is a
Q: Is lapse of time allowed between the
material lapse of time stated in the problem
vindication and the doing of the grave offense?
and there is nothing stated in the problem
that the effect of the threat or provocation
had prolonged and affected the offender at
A: Yes. The word immediate in paragraph 5 is not
the time he committed the crime, then the an accurate translation of the Spanish text which
criterion to be used is based on time uses the term proxima. A lapse of time is allowed
element. between the vindication and the doing of the grave
2. However, if there is that time element and offense. It is enough that:
at the same time, facts are given indicating 1. The offender committed the crime;
that at the time the offender committed the 2. The grave offense was done to him, his
crime, he is still suffering from outrage of spouse, his ascendant or descendant or to
the threat or provocation done to him, then, his brother or sister, whether natural,
he will still get the benefit of this mitigating adopted or legitimate
circumstance. 3. The grave offense is the proximate cause
of the commission of the crime.
VINDICATION OF A GRAVE OFFENSE
Q: Compare the circumstances of sufficient threat
Q: What is the basis of this mitigating or provocation and vindication of a grave offense.
circumstance?
A:
A: The basis is loss of reasoning and self-control, SUFFICIENT THREAT OR VINDICATION OF
thereby, diminishing the exercise of his will power. PROVOCATION GRAVE OFFENSE
The grave offense may
Note: This has reference to the honor of a person. It It is made directly only be committed also
concerns the good names and reputation of the to the person against the offenders
individual (People v. Anpar, 37 Phil. 201)
committing the felony. relatives mentioned in
the law.
Q: What are the requisites of vindication of a
The offended party
grave offense as a mitigating circumstance? The cause that brought
must have done a grave
about the provocation
offense against the
A: need not be a grave
offender or his relatives
1. Grave offense has been done to the one offense.
mentioned in the law.
committing the felony, his spouse, ascendants,
It is necessary that the The vindication of the
descendants, legitimate, natural or adopted
provocation or threat grave offense may be
brothers or sisters, or relatives by affinity
immediately preceded proximate which admits
within the same degree.
the act. There must be of interval of time
2. A felony is committed in vindication of such
no interval of time between the grave
grave offense.
between the offense committed by
provocation and the the offended party and
Note: The vindication need not be done by the
person upon whom the grave offense was
commission of the the commission of the
committed or who was offended by the wrong crime. crime of the accused.
done by the offended party.
37
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
PASSION OR OBFUSCATION
A: If the act is committed in the spirit of:
Q: What is the basis of this mitigating 1. Lawlessness
circumstance? 2. Revenge
A: The basis is loss of reasoning and self-control, Q: What are the distinctions between
thereby diminishing the exercise of his will power. passion/obfuscation and provocation?
Q: What is passion or obfuscation? A:
PASSION/OBFUSCATION PROVOCATION
A: Passion and obfuscation refer to emotional It is produced by an impulse The provocation
feeling which produces excitement so powerful as which may cause comes from the
to overcome reason and self-control. It must come provocation injured party
from prior unjust or improper acts. The passion and The offense need not be
obfuscation must emanate from legitimate immediate. It is only It must immediately
sentiments. required that the influence precede the
thereof lasts until the commission of the
Q: What are the elements of passion or moment the crime is crime.
obfuscation as a mitigating circumstance? committed
A: Q: What are the distinctions between
1. Accused acted upon an impulse passion/obfuscation and irresistible force?
2. Impulse must be so powerful that it naturally
produced passion or obfuscation in him. A:
PASSION IRRESISTIBLE
Note: The passion or obfuscation should arise from OBFUSCATION FORCE
lawful sentiments in order to be mitigating. Mitigating Exempting
circumstance circumstance
Q: What are the requisites of passion or
It cannot give rise to
obfuscation?
irresistible force
It requires physical
because passion or
A: force.
obfuscation has no
1. That there is an act, both unlawful and
physical force.
sufficient to produce such a condition of mind.
The passion or
2. That the said act which produced the It must come from
obfuscation is on
obfuscation was not far removed from the a third person.
the offender himself
commission of the crime by a considerable
It must arise from The force used is
length of time, during which the perpetrator
lawful sentiments. unlawful.
might recover his natural equanimity.
Q: Can passion or obfuscation be raised as an
Q: What is the rule when the three mitigating
exempting circumstance?
circumstances of sufficient threat or provocation
(par. 4), vindication of a grave wrong (par. 5) and
A: As a rule, passion or obfuscation can only be
passion or obfuscation (par. 6) are present?
used as a mitigating circumstance. However, under
Art. 247 (Death or Physical Injuries under
A: GR: If the offender is given the benefit of
Exceptional Circumstances), it may be used as an
paragraph 4, he cannot be given the benefit of
exempting circumstance, if an injury is inflicted
paragraph 5 or 6, or vice-versa. Only one of the
other than serious physical injuries and killing.
three mitigating circumstances should be given in
favor of the offender.
VOLUNTARY SURRENDER AND CONFESSION OF
GUILT
XPN: If the mitigating circumstances under
paragraphs 4, 5 and 6 arise from different sets
Q: What is the basis of this mitigating
of facts, they may be appreciated together,
circumstance?
although they may have arisen from one and
the same case.
A: The basis is the lesser perversity of the offender.
The offender is willing to accept the consequences
Q: When is passion or obfuscation not a mitigating
of the wrong he has done which thereby saves the
circumstance?
government the effort, time and expenses to be arrest had been issued against him and that
incurred in searching for him. voluntary surrender is obedience to the order of
arrest issued against him (People v. Cahilig, 68 Phil.
Q: What are the mitigating circumstances under 740)
this paragraph?
Q: Who is a person in authority?
A:
1. Voluntary surrender to a person in authority or A: He is one directly vested with jurisdiction,
his agents whether as an individual or as a member of some
2. Voluntary confession of guilt before the court court/
prior to the presentation of evidence for the government/corporation/board/commission.
prosecution
Q: Who is an agent of a person in authority?
Note: When both are present, they should have the
effect of two independent mitigating circumstances. A: He is a person who, by direct provision of law, or
by election, or by appointment by competent
Q: What are the requisites of voluntary surrender authority, is charged with the maintenance of
as a mitigating circumstance? public order and the protection and security of life
and property and any person who comes to the aid
A: of persons in authority.
1. Offender had not been actually arrested.
2. Surrender was made to a person in authority Q: If the accused escapes from the scene of the
or the latter's agent. crime in order to seek advice from a lawyer, and
3. Surrender was voluntary. the latter ordered him to surrender voluntarily to
the authorities, which the accused followed by
Q: When is surrender considered voluntary? surrendering himself to the municipal mayor, will
his surrender be considered mitigating?
A: Surrender is considered voluntary when it is
spontaneous, demonstrating intent to submit A: Yes, because he fled to the scene of a crime not
himself unconditionally to the person in authority to escape but to seek legal advice.
or his agent. Whether a warrant of arrest had been
issued against the offender is immaterial and Q: Supposing that after the accused met a
irrelevant. The criterion is whether or not the vehicular accident causing multiple homicide
offender had gone into hiding or had the because of reckless imprudence, he surrenders to
opportunity to go into hiding and the law enforcers the authorities immediately thereafter, will his
do not know of his whereabouts. surrender mitigate his liability because of Art. 13?
Note: If after committing the crime, the offender did A: No. In cases involving felonies committed by
not flee and instead waited for the law enforcers to means of culpa, the court is authorized under Art.
arrive, and then he surrendered the weapon he used 365 to impose a penalty upon the offender without
in killing the victim, voluntary surrender is mitigating, regard to the rules on mitigating and aggravating
however, If after committing the crime, the offender circumstances.
did not flee and instead he went with the responding
law enforcers meekly, voluntary surrender is not
Q: What are the requisites of confession of guilt as
applicable.
a mitigating circumstance?
Q: What does spontaneous mean?
A:
1. The offender voluntarily confessed his guilt.
A: It emphasizes the idea of inner impulse acting
2. It was made in open court (that is before the
without external stimulus. The conduct of the
competent court that is to try the case).
accused, not his intention alone, after the
3. It was made prior to the presentation of
commission of the offense, determines the
evidence for the prosecution.
spontaneity of the surrender.
Q: Is plea of guilty applicable to all crimes?
Q: Does the law require that the accused
surrender prior to the order of arrest?
A: No. A plea of guilty is not mitigating in culpable
felonies, and in crimes punished by special laws.
A: No. What matters is the spontaneous surrender
of the accused upon learning that a warrant of
39
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
Q: Will a conditional plea of guilty be considered 2. Such physical defect restricts his means of
as a mitigating circumstance? action, defense, or communication with his
fellow beings.
A: To be mitigating, the plea of guilty must be
without conditions. But conditional plea of guilty Q: Suppose X is deaf and dumb and he has been
may still be mitigating if the conditions imposed by slandered, he cannot talk so what he did was, he
the accused are found to be meritorious. got a piece of wood and struck the fellow on the
head. X was charged with physical injuries. Is X
Q: Upon learning that the police wanted him for entitled to a mitigating circumstance by reason of
the killing of Polistico, Jeprox decided to visit the his physical defect?
police station to make inquiries. On his way, he
met a policeman who immediately served upon A: Yes, the Supreme Court held that being a deaf
him the warrant for his arrest. During the trial, in and dumb is mitigating because the only way to
the course of the presentation of the prosecutions vindicate himself is to use his force because he
evidence, Jeprox withdrew his plea of not guilty. cannot strike back by words.
Can he invoke the mitigating circumstances of
voluntary surrender and plea of guilty? Explain. Note: The law says that the offender is deaf and dumb,
(1992 Bar Question) meaning not only deaf but also dumb, or that he is
blind, meaning in both eyes, but even if he is only deaf
A: Jeprox is not entitled to the mitigating and not dumb, or dumb but not deaf, or blind only in
circumstance of voluntary surrender as his going to eye, he is still entitled to a mitigating circumstance
the police station was only for the purpose of under this article as long as his physical defects
verification of the news that he is wanted by the restricts his means of communication, defense,
communication with his fellowmen.
authorities. In order to be mitigating, surrender
must be spontaneous and that he acknowledges his
ILLNESS OF THE OFFENDER
guilt.
Q: What is the basis of this mitigating
Neither is plea of guilty a mitigating circumstance
circumstance?
because it was a qualified plea. Besides, Art. 13(7)
provides that confession of guilt must be done
A: The basis is diminution of intelligence and intent.
before the prosecution had started to present
evidence.
Q: What are the requisites of illness of the
offender as a mitigating circumstance?
PHYSICAL DEFECT
A:
Q: What is the basis of this mitigating
1. Illness of the offender must diminish the
circumstance?
exercise of will power.
2. Such illness should not deprive the offender
A: The basis is the diminution of the element of
the consciousness of his acts.
voluntariness.
Note: If the illness not only diminishes the exercise of
Q: What is physical defect?
the offenders will power but deprives him of the
consciousness of his acts, it becomes an exempting
A: A person's physical condition, such as being deaf circumstance to be classified as insanity or imbecility.
and dumb, blind, armless, cripple, or stutterer,
whereby his means of action, defense or SIMILAR AND ANALOGOUS CIRCUMSTANCES
communication with others are restricted or
limited. The physical defect that a person may have Q: What are the examples of analogous
must have a relation to the commission of the circumstances?
crime.
A:
Q: What are the requisites of physical defect as a 1. The act of the offender of leading the law
mitigating circumstance? enforcers to the place where he buried the
instrument of the crime has been considered
A: as equivalent to voluntary surrender.
1. The offender is deaf and dumb, blind or 2. Stealing by a person who is driven to do so out
otherwise suffering from some physical defect of extreme poverty is considered as analogous
to incomplete state of necessity, (People v.
41
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
Q: What are the distinctions between generic aggravating and qualifying circumstances?
A:
GENERIC AGGRAVATING CIRCUMSTANCES QUALIFYING AGGRAVATING CIRCUMSTANCES
Affects only the imposition of the penalty
Affects the nature of the crime or brings about a
prescribed, but not the nature of the crime
penalty higher in degree than that ordinarily prescribed
committed.
GR: Cannot be offset by any mitigating circumstances
Can be offset by an ordinary mitigating
circumstance
XPN: Privileged mitigating circumstances
Both must be alleged in the information in order to be appreciated
Q: What are those circumstances which aggravate
Note: When there is more than one qualifying criminal liability?
aggravating circumstance present, one of them will be
appreciated as qualifying aggravating while the others A:
will be considered as generic aggravating.
1. Advantage taken of public position
2. Contempt or insult to public authorities
3. Disregard of age, sex, or dwelling of the
offended party
4. Abuse of confidence and obvious
ungratefulness
5. Palace and places of commission of offense
6. Nighttime, uninhabited place or band
7. On occasion of calamity or misfortune
8. Aid of armed men, etc.
9. Recidivist
10. Reiteracion
11. Price, reward, or promise
12. By means of inundation, fire, etc.
13. Evident premeditation
14. Craft, fraud or disguise
15. Superior strength or means to weaken the
defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Breaking wall
20. Aid of minor or by means of motor vehicle or
other similar means
21. Cruelty
A: Public authority also called Person in authority is reference to others. There must be a difference in
a public officer directly vested with jurisdiction, the social condition of the offender and the
whether as an individual or as a member of some offended party.
court or governmental corporation, board, or
commission, shall be deemed a person in authority. Q: When is age considered aggravating
A barrio captain and a barangay chairman shall also circumstance?
be deemed a person in authority. (Art 152 as
amended by P.D. No. 1232) A: Age applies in cases where the victim is of tender
age or is of old age.
Note: Teachers, professors and persons charged with
the supervision of public or duly recognized private Q: What does sex refer?
schools, colleges and universities, and lawyers in the
actual performance of their professional duties or on A: Sex refers to female sex, not to male sex.
the occasion of such performance, are persons in
authority only for purposes of direct assault and simple Q: When is the aggravating circumstance of
resistance.
disregard of rank, age, sex not considered for the
purpose of increasing the penalty?
Q: Is it necessary that the offender has knowledge
that the public authority is present? A:
1. When the offender acted with passion or
A: Yes, Knowledge that a public authority is present obfuscation. (All three circumstances)
is essential. Lack of such knowledge indicates lack 2. When there exists a relationship between the
of intention to insult the public authority. offended party and the offender.
(circumstance of sex only), e.g. parricide, rape,
DISREGARD OF RANK, SEX, AGE OR DWELLING abduction and seduction.
3. When the condition of being a woman is
Q: What is the basis of these aggravating indispensable in the commission of the crime.
circumstances?
Q: What is dwelling?
A: The greater perversity of the offender, as shown
by the personal circumstances of the offended A: Dwelling is a building or structure exclusively
party and the place of commission. used for rest or comfort includes temporary
dwelling, dependencies, foot of the staircase and
Q: What are the two ways in committing the enclosure of the house. It does not mean the
aggravating circumstance under this paragraph? permanent residence or domicile of the offended
party or that he must be the owner thereof. He
A: The act be committed: must, however, be actually living or dwelling
1. With insult or in disregard of the respect therein even for a temporary duration or purpose.
due to the offended party on account of
his: R-A-S Note: It is not necessary that the accused should have
a. Rank actually entered the dwelling of the victim to commit
b. Age the offense. It is enough that the victim was attacked
c. Sex inside his own house, although the assailant may have
2. That it be committed in the dwelling of devised means to perpetrate the assault, i.e.
the offended party, if the latter has not triggerman fired the shot from outside the house, his
given sufficient provocation. victim was inside.
Q: What is the meaning of with insult or in Q: When is dwelling not aggravating?
disregard ?
A:
A: In the commission of the crime, the accused 1. When the owner of the dwelling gave
deliberately intended to offend or insult the sex or sufficient and immediate provocation.
age of the offended party. 2. When the offender and the offended party are
occupants of the same house.
Q: To what does rank refer? 3. In the crime of robbery by use of force upon
things.
A: It refers to official, civil, or social position or 4. In the crime of trespass to dwelling.
standing. The designation or title of distinction used 5. The victim is not a dweller of the house.
to fix the relative position of the offended party in
44
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
46
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
crime. The offender must choose the place as an aid 1. That armed men or persons took part in the
either: commission of the crime , directly or indirectly
1. To an easy and uninterrupted 2. That the accused availed himself of their aid or
accomplishment of their criminal designs ; relied upon them when the crime is
or committed,
2. To insure concealment of the offense
Note: Arms is not limited to firearms. Sticks and stones
Q: What is a band? are included. Aid of armed men includes armed
women.
A: It means that there are at least four malefactors
acting together in the commission of the offense. Q: What are the circumstances when aid of armed
men is not considered as an aggravating
Q: When is by a band considered as an circumstance?
aggravating circumstance?
A:
A: The aggravating circumstance of by a band is 1. When both the attacking party and the party
considered in crimes against property and in crimes attacked were equally armed
against persons. This aggravating circumstance is 2. When the accused as well as those who
not applicable in crimes against chastity. cooperated with him in the commission of the
crime acted under the same plan and for the
ON OCCASION OF CONFLAGRATION, SHIPWRECK, same purpose.
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR 3. The casual presence of the armed men near
MISFORTUNE. the place where the crime was committed
when the accused did not avail himself of their
Q: What is the basis of this aggravating aid or relied upon them to commit the crime.
circumstance?
Q: What aggravating circumstance will be
A: The basis of this aggravating circumstance has considered if there are four armed men?
reference to the time of the commission of the
crime. The reason is the debased form of criminality A: If there are four armed men, aid of armed men is
met in one who, in the midst of a great calamity, absorbed in employment of a band. If there are
instead of lending aid to the afflicted, adds to their three armed men or less, aid of armed men may be
suffering by taking advantage of their misfortune. the aggravating circumstance.
Q: When is it considered as an aggravating Q: What are the distinctions between a crime
circumstance? committed by a band under paragraph 6 and a
crime committed with the aid of armed men under
A: When the offender takes advantage of the paragraph 8?
calamity. The crime is committed on the occasion of
a conflagration, shipwreck, earthquake, epidemic or A:
other calamity of misfortune. BY BAND WITH THE AID OF
(Par. 6) ARMED MEN
Note: Calamity or misfortune refers to other (Par. 8)
conditions of distress similar to the enumeration Requires more than At least two armed
preceded by it. three people malefactors
This circumstance is
AID OF ARMED MEN At least four
present even if one of
malefactors shall have
the offenders merely
Q: How is this circumstance present? acted together in the
relied on their aid ,
commission of an
actual aid is not
A: It is present when the crime it is attached to is offense
necessary
committed with the aid of: Band members are all Armed men are mere
1. Armed men ,or principals accomplices
2. Persons who insure or afford impunity
Q: What are the requisites of this aggravating RECIDIVISM
circumstance?
Q: Who is a recidivist?
A:
A: A recidivist is one who, at the time of his trial for was subsequently found guilty and was convicted
one crime shall have been previously convicted by of theft also in 1983. The trial for his earlier crime
final judgment of another crime embraced in the which was robbery ended in 1984 where he was
same title of the Revised Penal Code. also convicted. Is the accused a recidivist?
Q: What are the requisites of recidivism? A: The accused is not a recidivist. The subsequent
conviction must refer to a felony committed later in
A: order to constitute recidivism. The reason for this
1. That the offender is on trial for an offense. is, at the time the first crime was committed, there
2. He was previously convicted by final judgment was no other crime of which he was convicted so he
of another crime. cannot be regarded as a repeater.
3. Both the first and second offense are
embraced in the same title of the RPC. Q: What is the effect of pardon to recidivism?
4. Offender is convicted of the new offense.
A: GR: Pardon does not obliterate recidivism, even
Q: What is the meaning of at the time of his trial if it is absolute because it only excuse the service of
for one crime? the penalty not the conviction.
A: It is employed in its generic sense, including the XPN: If the offender had already served out his
rendering of the judgment, it is meant to include sentence and was subsequently extended
everything that is done in the course of the trial, pardon.
from arraignment until after sentence is announced
by the judge in open court. Note: If The President extends pardon to someone
who already served out the principal penalty, there is a
Q: What is the reason for considering recidivism as presumed intention to remove recidivism.
an aggravating circumstance?
Q: What is the effect of Amnesty to recidivism?
A: The law considers this aggravating circumstance
because when a person has been committing A: Amnesty extinguishes the penalty and its effects,
felonies embraced in the same title , the implication thus it obliterates recidivism.
that he is specializing on such kind of crime and the
law wants to prevent any specialization . Q: Is recidivism subject to prescription?
Q: Suppose, the first offense in 1975 was A: No. No matter how long ago the offender was
homicide, then the second offense in 2004 was convicted, if he is subsequently convicted of a crime
murder. Can aggravating circumstance of embraced in the same title of the Revised Penal
recidivism be appreciated? Code, it is taken into account as aggravating in
imposing the penalty (People v. Colocar, 60 Phil.
A: Yes, because homicide and murder are crimes 878).
both under crimes against persons, hence both
crimes are embraced in the same title of the RPC. REITERACION
Q: Is it necessary that the conviction come in the Q: What is the basis of this aggravating
order in which they are convicted. circumstance?
A: Yes. Hence, there is no recidivism if the A: The greater perversity of the offender as shown
subsequent conviction is for an offense committed by his inclination to crimes.
prior to the offense involved in the previous
conviction. Q: What are the requisites of reiteracion as an
aggravating circumstance?
Note: If both offenses were committed on the same
date, they shall be considered as only one, hence, they A:
cannot be separately counted in order to constitute 1. That the accused is on trial for an offense;
recidivism. Also, judgments of conviction handed down 2. The he previously served sentence for another
on the same day shall be considered as only one to which the law attaches an equal or greater
conviction. penalty , or for two or more crimes to which it
attaches lighter penalty than that for the new
Q: In 1980, X committed robbery. While the case offense ; and
was being tried, he committed theft in 1983. He 3. That he is convicted of the new offense.
CRIMINAL LAW TEAM
48
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
Q: What is the basis of this aggravating to kill the victim was hatched or what time had
circumstance? elapsed before it was carried out.
A: The basis has reference to the ways of CRAFT, FRAUD, OR DISGUISE
committing the crime.
Q: What must be present in order for this
Q: What is the essence of premeditation? circumstance to be appreciated?
A: The essence of premeditation is that the A: To be appreciated, these circumstances must
execution of the criminal act must be preceded by have facilitated or be taken advantage of by the
cool thought and upon reflection to carry out the offender in the commission of a crime.
criminal intent during the space of time sufficient to
arrive at a calm judgment. Note: According to Justice Regalado, the fine
distinctions between craft and fraud would not really
Q: What are the requisites of evident be called for as these terms in Art 14 are variants of
premeditation? means employed to deceive the victim and if all are
present in the same case, they shall be applied as a
A: single aggravating circumstance.
1. Determination the time when the offender
determined to commit the crime. Q: What is craft?
2. Preparation- an act manifestly indicating that
the culprit has clung to his determination ; and A: Craft involves intellectual trickery and cunning
3. Time- a sufficient lapse of time between the on the part of the accused in order not to arouse
determination and execution, to allow him to the suspicion of the victim.
reflect upon the consequences of his act and
to allow his conscience to overcome the Q: What is fraud?
resolution of his will.
A: Fraud is insidious words or machinations used to
Q: Why is sufficient time required? induce the victim to act in a manner which enables
the offender to carry out his design.
A: The offender must have an opportunity to coolly
and serenely think and deliberate on the meaning Note: Craft and fraud may be absorbed in treachery if
they have been deliberately adopted as means,
and the consequences what he planned to do, an
methods or forms for the treacherous strategy, or they
interval long enough for his conscience and better
may co-exist independently where they are adopted
judgment to overcome his evil desire.
for a different purpose in the commission of the crime.
Q: What is the rule in appreciating evident Q: What is disguise?
premeditation in error in personae and aberratio
ictus? A: Disguise means resorting to any device to
conceal identity.
A: GR: Evident premeditation is not appreciated in
error in personae and aberratio ictus. Note: The test of disguise is whether the device or
contrivance, or even the assumed name resorted to by
Note: However, it is not necessary to have the the offender was intended to make identification more
intent to kill a particular person. difficult.
XPN: Q: Is it necessary that the accused be able to hide
a. When there is no particular intended his identity all throughout the commission of the
victim or particular person to kill. crime?
b. Where the victim belonged to the same
class or family designated by the accused. A: No. The accused must be able to hide his identity
during the initial stage if not all throughout the
Q: Does conspiracy presupposes premeditation? commission of the crime and his identity must have
been discovered only later on to consider this
A: GR: Conspiracy generally denotes premeditation. aggravating circumstance.
XPN: In implied conspiracy, evident Q: What is the test in order to determine if
premeditation may not be appreciated, in the disguise exist?
absence of proof as to how and when the plan
CRIMINAL LAW TEAM
50
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
made it impossible for the victim to defend himself Q: What are those instances that may be absorbed
or to retaliate. (People v. Villacorta, G.R. No. by treachery?
186412, September 7, 2011)
A:
Q: What are the elements of treachery? 1. Abuse of superior strength
2. Aid of armed men
A: 3. By a band
1. The employment of means of execution that 4. Means to weaken the defense
would insure the safety of the accused from 5. Craft
retaliatory acts of the intended victim and 6. Nighttime
leaving the latter without an opportunity to
defend himself Q: Must treachery be present at the beginning of
2. The means employed were deliberately or the assault?
consciously adopted by the offender.
A: It depends.
Q: What is the test of treachery? 1. When the aggression is continuous -
treachery must be present at the
A: The test of treachery is not only the relative beginning of the assault.
position of the parties but more specifically 2. When the assault was not continuous- it is
whether or not the victim was forewarned or sufficient that treachery was present
afforded the opportunity to make a defense or to when the fatal blow was given.
ward off the attack.
Q: A followed the unsuspecting victim, B when he
Q: Does a frontal attack negate the presence of was going home and thereafter, deliberately
treachery? stabbed him in the back which resulted in the
falling of B to the ground and thereby was further
A: No. Although frontal, if the attack was attacked by A. Was there treachery?
unexpected, and the unarmed victim was in no
position to repel the attack, treachery can still be A: Yes. B was defenseless and gave him no
appreciated. (People v. Pelis, G.R. No. 189328, Feb. opportunity to resist the attack or defend himself. A
21, 2011) employed means which insured the killing of B and
such means assured him from the risk of Bs
Q: Can treachery be appreciated in error in defense. Stabbing from behind is a good indication
personae and aberratio ictus? of treachery. (People v Yanson, G.R. No. 179195,
October 3, 2011)
A: Yes. Treachery is appreciated in error in
personae and aberratio ictus, provided that the IGNOMINY
offender consciously employed treacherous means
to insure the execution of the crime and to render Q: To what does ignominy pertain to?
the victim defenseless.
A: It pertains to the moral order, which adds
Q: Can both evident premeditation and treachery disgrace to the material injury caused by the crime.
be appreciated? Ignominy adds insult to injury or adds shame to the
natural effects of the crime. Ignominy shocks the
A: Yes. Evident premeditation and treachery can moral conscience of man.
co-exist because evident premeditation refers to
the commission of the crime while treachery refers Q: When is ignominy considered as aggravating?
to the manner employed.
A: Ignominy is applicable in:
Q: Can treachery be appreciated in robbery with a. Crimes against chastity,
homicide? b. Less serious physical injuries,
c. Light or grave coercion, and
A: Treachery can be appreciated in Robbery with d. Murder.
homicide even though it is a crime against property
because one of its components is a crime against Q: Is there ignominy when a man is killed in the
person. presence of his wife?
52
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
A: No. The circumstance of ignominy was not 1. An officer in order to make an arrest may
present because no means employed nor did any break open door or window of any building in
circumstance surround the act tending to make the which the person to be arrested is or is
effects of crime more humiliating reasonably believed to be (Sec. 11, Rule 133 of
Rules of Court);
Q: Is there ignominy when a woman is raped in the 2. An officer if refused admittance may break
presence of his husband? open any door or window to execute the
search warrant or liberate himself (Sec. 7, Rule
A: No. Ignominy cannot be appreciated. Rape is 126 of Rules of Court);
crime against persons. Presence of the husband 3. Replevin (Sec.4, Rule 60 of Rules of Court)
qualifies the crime of rape under Art 266.
Q: What is the distinction between breaking wall
Q: What are the distinctions between ignominy and unlawful entry?
and cruelty?
A:
A: BREAKING WALL UNLAWFUL ENTRY
IGNOMINY CRUELTY Presupposes that there
It involves the breaking
(Par. 17) (Par. 21) is no such breaking as
of the enumerated
Ignominy refers to the moral Refers to the physical by entry through the
parts of the house.
effect of a crime and it pertains suffering of the victim window.
to the moral order, whether or purposely intended
not the victim is dead or alive. by the offender AID OF MINORS OR USE OF MOTOR VEHICLES OR
THER SIMILAR MEANS
UNLAWFUL ENTRY
Q: Why is the aid of minors considered an
Q: Why is unlawful entry aggravating? aggravating circumstance?
A: One who acts, not respecting the walls erected A: The use of a minor in the commission of the
by men to guard their property and provided for crime shows the greater perversity of the offender
their personal safety, shows greater perversity, a because he is educating the innocent minor in
greater audacity and hence the law punishes him committing a crime.
with more severity.
Q: Why is the use of motor vehicle considered as
Q: When is unlawful entry considered as an an aggravating circumstance?
aggravating circumstance?
A: The use of motor vehicles in the commission of a
A: There is unlawful entry when an entrance is crime poses difficulties to the authorities in
effected by a way not intended for the purpose. apprehending the offenders. This circumstance is
aggravating only when used to facilitate the
Note: This circumstance is inherent in the crimes of commission of the offense.
trespass to dwelling and robbery with force upon
things. But it is aggravating in the crime of robbery Note: If motor vehicle is used only in the escape of the
with violence against or intimidation of persons. offender, motor vehicle is not aggravating.
BREAKING WALL Q: What does the phrase other similar means
mean?
Q: What are the requisites for breaking a wall?
A: It should be understood as referring to
A: motorized vehicles or other efficient means of
1. A wall, roof, window, or door was broken transportation similar to automobile or airplane.
2. They were broken to effect entrance
CRUELTY
Note: It is aggravating only where the offender
resorted to any of said means to enter the house. Q: What is cruelty?
Q: Give instances where breaking is lawful A: There is cruelty when the wrong done was
intended to prolong the suffering of the victim,
A: causing him unnecessary moral and physical pain.
54
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
without which there can be no conviction Q: Who shall be exempt from prosecution and
for illegal possession. punishment under RA 9165?
After possession is established by the prosecution, A: Any person who:
it would only be a matter of course to determine
whether the accused has a license to possess the 1. Has violated Section 7 (Employees and
firearm. Possession of any firearm becomes Visitors of a Den, Dive or Resort), Section
unlawful only if the necessary permit or license 11 (Possession of Dangerous Drugs),
therefor is not first obtained. The absence of license Section 12 (Possession of Equipment,
and legal authority constitutes an essential Instrument, Apparatus and Other
ingredient of the offense of illegal possession of Paraphernalia for Dangerous Drug),
firearm and every ingredient or essential element Section 14 (Possession of Equipment,
of an offense must be shown by the prosecution by Instrument, Apparatus and Other
proof beyond reasonable doubt. (People v Agcanas, Paraphernalia for Dangerous Drugs
G.R. No. 174476, October 11, 2011) During Parties, Social Gatherings or
Meetings), Section 15 (Use of Dangerous
Q: Is good faith a valid defense against prosecution Drugs), and Section 19 (Unlawful
for illegal possession of firearm? Prescription of Dangerous Drugs), Article
II of R.A. 9165
A: No, because Illegal Possession of Firearm is
malum prohibitum. 2. Voluntarily gives information:
a. About any violation of Section 4
Illustration: (Importation of Dangerous
Drugs and/or Controlled
Accused who was apprehended for carrying a Precursors and Essential
cal. 9mm firearm and ammunitions without Chemicals), Section 5 (Sale,
the proper license to possess the same, Trading, Administration,
claimed to be a confidential agent of the AFP Dispensation, Delivery,
and in that capacity received the said firearm Distribution and Transportation
and ammunitions which is government of Dangerous Drugs and/or
property duly licensed to the Intelligence Controlled Precursors and
Security Group (ISG) of the AFP and so could Essential Chemicals), Section 6
not be licensed under his name. Although the (Maintenance of a Den, Dive or
accused had a Memorandum Receipt and A Resort), Section 8 (Manufacture
Mission Order issued by ISG, whereby he was of Dangerous Drugs and/or
entrusted with such firearm and ammunitions Controlled Precursors and
which he was authorized to carry around, he Essential Chemicals), Section 10
was nevertheless convicted for the subject (Manufacture or Delivery of
violation in as much as a Memorandum Equipment, Instrument,
Receipt and Mission Order cannot take the Apparatus, and Other
place of a duly issued firearm license. The Paraphernalia for Dangerous
accused cannot invoke good faith as a defense Drugs and/or Controlled
against a prosecution for illegal possession of Precursors and Essential
firearm, as this is a malum prohibitum. (Sayco Chemicals), Section 13
vs. People, G.R. 159703, March 3, 2008) (Possession of Dangerous Drugs
During Parties, Social
THE COMPREHENSIVE DANGEROUS DRUGS ACT Gatherings or Meetings), and
OF 2002 (R.A. 9165) Section 16 (Cultivation or
Culture of Plants Classified as
Dangerous Drugs or are Sources
Note: Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous Thereof), Article II of R.A. 9165
drugs shall be a qualifying aggravating circumstance in b. About any violation of the
the commission of a crime by an offender, and the offenses mentioned if
application of the penalty provided for in the Revised committed by a drug syndicate,
Penal Code shall be applicable. (Sec. 25) or
c. Leading to the whereabouts,
Immunity from prosecution and punishment identities and arrest of all or
any of the members thereof
56
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
A: The basis is the effect of the alcohol upon the Note: Low degree of education is never aggravating in
offender, not the quantity of the alcoholic drink he the manner that high degree is never mitigating
had taken in.
Absolutory Cause
DEGREE OF INSTRUCTION AND EDUCATION
Q: What are absolutory causes?
Q: What is the rule in appreciating degree of
instruction or education? A: Absolutory causes are those where the act
committed is a crime but for reasons of public
A: policy and sentiment there is no penalty imposed.
LACK OR LOW DEGREE OF HIGH DEGREE OF
INSTRUCTION AND INSTRUCTION AND Q: What are examples of absolutory causes?
EDUCATION EDUCATION
GR: Lack or low degree of A:
instruction is mitigating in 1. Accessory is a relative of the principal. (Art. 20)
all crimes. 2. Discovering secrets of ward through seizure of
correspondence by their guardian. (Art. 290)
XPN: Not mitigating in: 3. When only slight or less serious physical
1. Crimes against injuries are inflicted by the person who
property (e.g. surprised his/her spouse or daughter in the act
arson, estafa, of sexual intercourse with another person.
High degree of
threat) (Art. 247)
instruction or
2. Crimes against 4. Crime of theft, swindling or malicious mischief
education is
chastity committed against as spouse, ascendant, or
aggravating when
3. Murder or descendant or if the offender is a brother or
the offender avails
homicide sister or brother-in-law or sister-in-law of the
himself of his
4. Rape offended party and they are living together.
learning in
5. Treason (Art. 332)
commission of the
because love of 5. Instigation
crimes
country should be 6. Trespass to dwelling when the purpose of
a natural feeling entering anothers dwelling against the latters
of every citizen, will is to prevent some serious harm to
however himself, the occupants of the dwelling or a
unlettered or third person, or for the purposes of rendering
uncultured he some services to humanity or justice, or when
may be. (People v. entering cafes, taverns, inns and other public
Lansanas, 82 Phil. houses, while the same are open. (Art. 280
193) par. 2)
Illustration: Q: What is instigation?
If the offender is a lawyer who committed A: Instigation happens when a public officer or a
rape, the fact that he has knowledge of the law private detective induces an innocent person to
will not aggravate his liability. commit a crime and would arrest him upon or after
the commission.
But if a lawyer committed falsification, that
will aggravate his criminal liability because he Q: Does instigation absolve the offender from
used his special knowledge as a lawyer. He criminal liability?
took advantage of his learning in committing
the crime. A: Yes. In instigation, the offender simply acts as a
tool of the law enforcers and, therefore, he is acting
Q: Are the degree of instruction and education without criminal intent because without the
two distinct circumstances? instigation, he would not have done the criminal act
which he did upon instigation of the law enforcers.
A: Yes. One may not have any degree of instruction
but is nevertheless educated. Note: This is based on the rule that a person cannot be
a criminal if his mind is not criminal.
58
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
60
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
62
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
unless the accessory himself profited from the of the crime charged
effects or proceeds of the crime or assisted the
offender to profit therefrom
The penalty is higher
PROFITING OR ASSISTING THE OFFENDER TO Penalty is less than that
than the penalty of an
PROFIT BY THE EFFECTS OF THE CRIME imposed in fencing.
accessory.
Malum prohibitum and
Illustration: Malum in se and
therefore there is no
therefore there is a need
need to prove criminal
If a person having participated as principal or to prove criminal intent
intent.
accomplice in robbery or theft but knowing
The fence need not be
that the property being offered to him is the
a natural person but
proceeds or subject matter of the said crime,
may be a firm,
bought or purchased or dealt in any manner
association, Natural person only
with which such property, obtaining benefit
corporation or
from said transaction or helping the thief or
partnership or other
robber to profit therefrom.
organization
Note: The accessory must receive the property from
the principal. He should not take it without the
Q: May one who is charged as an accessory under
consent of the principal. If he took it without the Art. 19 par. 1 be likewise charged under P.D. 1612
consent of the principal, he is not an accessory but a for the same act?
principal in the crime of theft.
A: Yes. What is prohibited under the Constitution is
Q: What is the similarity of a fence and accessory the prosecution of the accused twice for the same
in the crimes of robbery or theft? offense.
A: There is a similarity in the sense that all the acts Note: The State may choose to prosecute the offender
of one who is an accessory to the crimes of robbery either under the RPC or P.D. 1612 although preference
or theft are included in the acts defined as fencing. for the latter would seem inevitable considering that
fencing is a crime malum prohibitum, and P.D. 1612
In fact, the accessory in the crimes of robbery or
creates a presumption of fencing and prescribes a
theft could be prosecuted as such under the RPC or
higher penalty based on the value of the property.
as a fence under P.D. 1612. (Dizon-Pamintuan v. (Dizon-Pamintuan v. People, ibid.)
People, G.R. No. 111426, July 11, 1994)
DESTROYING THE CORPUS DELICTI
Q: What are the distinctions between P.D. 1612
and Art. 19 par. 1 of the RPC? Q: Define corpus delicti. What are the elements of
corpus delicti?
A:
FENCING ACCESSORY A: Corpus delicti literally means the body or
Fencing is limited to substance of the crime or the fact that a crime has
theft and robbery. The been committed, but does not include the identity
terms theft and of the person who committed it.
robbery are used as a
Not limited in scope
generic term to refer to Elements of corpus delicti:
any kind of unlawful a. The existence of a certain act or result
taking, not just theft or forming the basis of the criminal charge
robbery b. The existence of a criminal agency as the
Mere possession of cause of the act or result. (2000 Bar
stolen items creates a There is no presumption Question)
presumption of of violation.
fencing. Note: The corpus delicti is the body of the crime, not
It is necessary to prove necessarily the corpse. Thus, even if the corpse is not
Fencing is a principal
that the principal recovered, as long as that killing is established beyond
crime in itself. As such,
committed the crime. reasonable doubt, criminal liability will arise and if
it can stand on its own.
Hence, before an there is someone who destroys the corpus delicti to
There is no need to prevent discovery, he becomes an accessory. (Inovero
accessory could be held
prove that one is guilty v. Coronel, 65 O.G. 3160)
liable, the principal must
of theft or robbery.
have been convicted first
CRIMINAL LAW TEAM
64
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PERSONS CRIMINALLY LIABLE
66
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PENALTIES
Q: When is it not applicable? Q: What are the measures of prevention that are
not considered as penalty?
A:
1. When a new law increases the civil liability; A:
2. When a new law is expressly made 1. The arrest and temporary detention of
inapplicable. accused persons, as well as their
detention by reason of insanity or
Act Prohibiting the Imposition of Death Penalty in imbecility, or illness requiring their
the Philippines (R.A. 9346) confinement in a hospital.
2. The commitment of a minor to any of the
Q: What is the effect of R.A. 9346? institutions mentioned in Article 80 (now
P.D. 603) and for the purposes specified
A: The penalty meted out was thus reduced therein.
to reclusion perpetua. Furthermore, Sec. 3 of RA 3. Suspension from the employment or
9346 provides, public office during the trial or in order to
institute proceedings.
Persons convicted of offenses punished 4. Fines and other corrective measures
with reclusion perpetua, or whose which, in the exercise of their
sentences will be reduced to reclusion administrative or disciplinary powers,
perpetua, by reason of this Act, shall not superior officials may impose upon their
be eligibile for parole under Act No. 4103, subordinates.
known as the Indeterminate Sentence 5. Deprivation of rights and the reparations
Law, as amended. (People v. Lucero, G.R. which the civil law may establish in penal
No. 188705, March 2, 2011) form.
Q: Is the death penalty already abolished? Note: The aforementioned measures are not penalties
because they are not imposed as a result of judicial
A: No. What is prohibited under R.A. 9346 is only proceedings.
the imposition of death penalty.
PURPOSES
Note: However, the corresponding civil liability should
be the civil liability corresponding to death. (People v. Q: What are the purposes for the imposition of
Salome, G.R. No. 169077, Aug. 31, 2006) penalty under the RPC?
Q: What penalty would be imposed in lieu of the A:
death penalty? 1. Retribution or expiation penalty is
commensurate with the gravity of the offense.
A: In lieu of the death penalty, the following shall 2. Correction or reformation as shown by the
be imposed: rules which regulate the execution of the
1. Reclusion perpetua- when the law penalties consisting in deprivation of liberty.
violated makes use of the nomenclature 3. Social defense shown by its inflexible severity
of the penalties of the RPC; or to recidivists and habitual delinquents.
2. Life imprisonment- when the law violated
does not make use of the nomenclature Q: What is the Constitutional restriction on
of the penalties of the RPC. (Sec.2) penalties?
Q: What is the purpose of the law? A: The Constitution prohibits the imposition of
excessive fines, nor cruel and unusual punishment.
A: For justice, because the State has an existence of (Art. III, Sec. 19 (1) 1987 Phil. Constitution)
its own to maintain, a conscience to assert and
moral principles to be vindicated. Penal justice rests CLASSIFICATION OF PENALTIES
primarily on the moral rightfulness of the Art. 25
punishment imposed. (p. 232, Fundamentals of
Criminal Law, Gregorio, 2008) Q: What are the general classifications of
penalties?
MEASURES OF PREVENTION OR SAFETY WHICH
ARE NOT CONSIDERED AS PENALTIES A: They are classified into:
Art. 24
CRIMINAL LAW TEAM
68
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PENALTIES
1. Principal penalties those expressly Articles 226, 227 and 228, punishing infidelity
imposed by the court in the judgment of of public officers in the custody of documents,
conviction. provide for temporary special disqualification
2. Accessory penalties those that are as a principal penalty.
deemed included in the imposition of the
principal penalties. FINE
Art. 26
Q: What are the principal penalties according to
their divisibility? Q: How are fines imposed?
A: A: Fines are imposed either as single or as an
DIVISIBLE INDIVISIBLE alternative penalty.
Those that have Those which have no
fixed duration and fixed duration. e.g. Q: When is a fine considered as afflictive,
are divisible into death, reclusion correctional or light penalty?
three periods. perpetua, perpetual
absolute or special A:
disqualification, public FINE
censure. Afflictive over P6,000.00
Correctional P200.00 to
Q: What are the penalties according to subject- P6,000.00
matter? Light less than P200.00
A: Q: How do we reconcile the definition of light
1. Corporal (death) felony under Article 9 and the classification of fine
2. Deprivation of freedom (reclusion, prision, under Article 26?
arresto)
3. Restriction of freedom (destierro) A:
4. Deprivation of rights (disqualification and
suspension) ART. 9 (3) ART. 26
5. Pecuniary (fine) A felony punishable by If the amount of fine
arresto menor or a fine imposed is less than
Q: What are the penalties according to their not exceeding P200 is a P200, it is a light
gravity? light felony. penalty.
A: Note: If the fine prescribed by the law for a felony is
1. Capital - death exactly P200, it is a light felony because Art. 9 (3),
2. Afflictive reclusion perpetua to prision mayor which defines light felony should prevail.
3. Correctional prision correccional to destierro
4. Light arresto menor Q: In imposing the amount of fine, what shall the
court consider?
Note: This classification corresponds to the
classification of the felonies in Art. 9, grave, less grave A: The court must consider-
and light. a. The mitigating and aggravating
circumstances; and
Q: What are the penalties that can either be
principal or accessory? Note: Modifying circumstances are only of
secondary importance. There is subsidiary
A: Perpetual or temporary absolute disqualification, imprisonment if the penalty of fine is not
paid (Regalado, 2007)
perpetual or temporary special disqualification, and
suspension may be principal or accessory penalties.
b. More particularly, the wealth or means of
the culprit.
Illustration:
Note: This is the main consideration in the
Art. 236 punishing the crime of anticipation of
imposition of fines.
duties of a public office, provides for
suspension as a principal penalty.
Q: Can a penalty be imposed in the alternative?
A: No. The law does not permit any court to impose 1. Imposing the penalty of fine jointly and
a sentence in the alternative, its duty being to severally on the two convicted accused is
indicate the penalty imposed definitely and not proper. The penalty should be
positively. (People vs. Mercadejas, C.A., 54 O.G. imposed individually on every person
5707; People vs. Tabije, C.A., 59 O.G. 1922) accused of the crime. Any of the
convicted accused who is insolvent and
Q: E and M are convicted of a penal law that unable to pay the fine, shall serve the
imposes a penalty of fine or imprisonment or both subsidiary imprisonment.
fine and imprisonment. The judge sentenced them
to pay the fine, jointly and severally, with 2. The judge may not validly impose an
subsidiary imprisonment in case of insolvency. alternative penalty. Although the law may
(2005 Bar Question) prescribe an alternative penalty for a
crime, It does not mean that the court
1. Is the penalty proper? Explain. may impose the alternative penalties at
2. May the judge impose an alternative the same time. The sentence must be
penalty of fine or imprisonment? definite, otherwise, the judgment cannot
Explain. attain finality
A:
DURATION AND EFFECT OF PENALTIES
Section One Duration of Penalties
Art. 27
Q: What is the duration of each of different penalties?
A:
PENALTY DURATION
Reclusion perpetua 20 yrs. and 1 day to 40 yrs.
Reclusion temporal 12 yrs. and 1 day to 20 yrs.
6 yrs. and 1 day to 12 yrs., except when
Prision mayor and temporary disqualification disqualification is accessory penalty, in which case its
duration is that of the principal penalty.
6 mos. and 1 day to 6 yrs., except when suspension is
Prision correccional, suspension, and destierro an accessory penalty, in which case its duration is that
of the principal penalty.
Arresto mayor 1 mo. and 1 day to 6 mos.
Arresto menor 1 day to 30 days
The period during which the bond shall be effective is
Bond to keep the peace
discretionary on the court
Q: When is death penalty imposed? 14. Carnapping
A: Death penalty is imposed in the following crimes: Q: What are the distinctions between the penalty
1. Treason of reclusion perpetua and life imprisonment?
2. Piracy
3. Qualified Piracy A:
4. Qualified Bribery RECLUSION PERPETUA LIFE IMPRISONMENT
5. Parricide Pertains to the penalty Pertains to the penalty
6. Murder imposed for violation imposed for violation of
7. Infanticide of the RPC special laws
8. Kidnapping
It has fixed duration It has no fixed duration
9. Robbery with Homicide
10. Destructive Arson It carries with it It does not carry with it
11. Rape with Homicide accessory penalties accessory penalty
12. Plunder
13. Certain violations of the Dangerous Drugs
Act
CRIMINAL LAW TEAM
70
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 1: PENALTIES
Note: Although reclusion perpetua has been given a judicial authorities for the enforcement of
fixed duration, it has remained to be an indivisible the penalty.
penalty. Indivisible penalties have no durations.
3. The duration of other penalties
Q: What is the nature of destierro? duration is from the day on which the
offender commences to serve his
A: Destierro is a principal penalty. It is a punishment sentence.
whereby a convict is banished to a certain place and
is prohibited from entering or coming near that Q: What are examples of temporary penalties?
place designated in the sentence, not less than 25
kilometers but not to extend beyond 250 A:
kilometers 1. Temporary absolute disqualification.
2. Temporary special disqualification.
Note: If the convict should enter the prohibited places, 3. Suspension.
he commits the crime of evasion of service of sentence
under Article 157. Q: In cases of temporary penalties, what rule
applies when the offender is not under detention
Q: In what cases can destierro be imposed? because he has been released on bail?
A: It can be imposed on the following: A: The duration is from the day on which the
1. Serious physical injuries or death under offender commences to serve his sentence.
exceptional circumstances. (Art. 247)
2. In the crime of grave threat or light Q: What are examples of penalties consisting in
threat, when the offender is required to deprivation of liberty?
put up a bond for good behavior but
failed or refused to do so (Art. 284) A:
3. As a penalty for the concubine in 1. Imprisonment.
concubinage. (Art. 334) 2. Destierro.
4. In cases where after reducing the penalty
by one or more degrees destierro is the PENALTIES WITH INHERENT ACCESSORY PENALTIES
proper penalty.
Q: What are accessory penalties that are
COMPUTATION OF PENALTIES inherently attached to principal penalties?
Art. 28
A:
Q: What are the rules for the computation of 1. Death when not executed by reason of
penalties? commutation or pardon shall carry with it:
a. Perpetual Absolute Disqualification
A: The following rules must be observed by the b. Civil Interdiction during the first thirty
Director of Prisons or the warden when computing (30) years following the date of the
the penalties imposed upon the convicts: sentence.
1. When the offender is in prison duration Note: Such accessory penalties shall be
of temporary penalties is from the day on continuously suffered by the convict even if the
which the judgment of conviction principal penalty has been pardoned; unless such
becomes final. penalties have been expressly remitted in the
pardon.
Ratio: The duration of temporary
penalties shall be computed only from the 2. Reclusion Perpetua and Reclusion Temporal
day the judgment of conviction becomes shall carry with it:
final, and not from the day of his a. Civil Interdiction for life or during the
detention because under Art. 24 the period of the sentence
arrest and temporary detention of the b. Perpetual Absolute Disqualification which
accused is not considered a penalty. shall still be served even if the principal
penalty has been pardoned. Unless when
2. When the offender is not in prison the same has been expressly remitted in
duration of penalty consisting in the pardon.
deprivation of liberty, is from the day that 3. Prision Mayor shall carry with it:
the offender is placed at the disposal of a. Temporary Absolute Disqualification
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trial in the RTC as being in custodia legis is primarily A: Period is each of the three equal parts of a
intended to preserve it as evidence and to ensure divisible penalty, while degree is the diverse
its availability as such. To release it before the penalties mentioned by name in the Revised Penal
judgment is rendered is to deprive the trial court Code.
and the parties access to it as evidence. Forfeiture,
if warranted pursuant to either Article 45 of Q: What are the rules for the application of
the Revised Penal Code and Section 20 of R.A. No. indivisible penalties?
9165, would be a part of the penalty to be
prescribed. The determination of whether or not A:
any article confiscated in relation to the unlawful 1. When the penalty is single indivisible, it shall
act would be subject of forfeiture could be made be applied regardless of any mitigating or
only when the judgment was to be rendered in the aggravating circumstances. (except privileged
proceedings. (PDEA v Brodett, G.R. No. 196390, mitigating)
September 28, 2011) 2. When the penalty is composed of two
indivisible penalties, the following rules shall
APPLICATION OF PENALTIES be observed:
a. When there is only one aggravating
Q: How are penalties applied? circumstance, the greater penalty shall be
imposed.
A: Penalties are applied based on: b. When there is neither mitigating nor
1. The stages of commission of the felony aggravating circumstances, the lesser
a. Consummated penalty shall be imposed.
b. Frustrated c. When there is a mitigating circumstance
c. Attempted and no aggravating circumstance, the
2. The offenders and their participation lesser penalty shall be imposed.
a. Principal d. When both mitigating and aggravating
b. Accomplice circumstances are present, the court shall
c. Accessory allow them to offset one another.
3. Aggravating and mitigating circumstances.
Note: In the last instance, it is the moral value,
Q: In what cases are mitigating and aggravating rather than the numerical weight which should
circumstances not considered in the imposition of prevail.
penalty?
Q: What are the rules for the application of
A: penalties which contain three periods?
1. When penalty is single and indivisible.
2. In felonies thru negligence. A:
3. The penalty to be imposed upon a Moro or 1. No aggravating and no mitigating- medium
other non-Christian inhabitants. It lies in the period.
discretion of the trial court, irrespective of the 2. Only mitigating- minimum period
attending circumstances. 3. Only aggravating- maximum period.
4. When the penalty is only a fine imposed by an 4. When there are aggravating and mitigating-
ordinance. the court shall offset those of one class against
5. When the penalties are prescribed by special the other according to relative weight.
laws. 5. Two or more mitigating and no aggravating-
penalty next lower, in the period applicable,
Q: What are the two classifications of penalties? according to the number and nature of such
circumstances.
A: There are two (2) general classifications of 6. No penalty greater than the maximum period
penalties: of the penalty prescribed by law shall be
1. Indivisible imposed, no matter how many aggravating
2. Divisible- can be divided into 3 periods circumstances are present.
a. Minimum 7. The court can determine the extent of penalty
b. Medium within the limits of each period, according to
c. Maximum the number and nature of the aggravating and
mitigating circumstances and the greater or
Q: Differentiate period from degree lesser extent of the evil produced by the crime.
Q: When is the graduated scale followed?
A: The graduated scale is followed when the law Scale 1
prescribes a penalty lower or higher by one or more
degrees than another given penalty.
1. Death 6. Arresto Mayor
2. Reclusion Perpetua 7. Destierro
3. Reclusion Temporal 8. Arresto Menor
4. Prision mayor 9. Public censure
5. Prision Correccional 10. Fine
5. Fine
Scale 2
1. Perpetual or Temporary Absolute Q: What is the rule in increasing the penalty of fine
Disqualification by one or more degrees
2. Perpetual or Temporary Special
Disqualification A: Fines shall be increased or reduced for each
3. Suspension from public office, the degree by of the maximum amount. The
right to vote and to be voted for, the minimum amount prescribed by law shall not be
profession or calling changed.
4. Public Censure
Q: What are the penalties imposed on principals, accomplices, accessories, in accordance to the stages of
committing a felony?
A:
Consummated Frustrated Attempted
Principals Penalty prescribed by law for 1 degree lower than 2 degrees lower than
the offense. the penalty prescribed the penalty prescribed
by law by law
Accomplices 1 degree lower than the 2 degrees lower than 3 degrees lower than
penalty prescribed by law. the penalty prescribed the penalty prescribed
by law for a frustrated by law for a frustrated
felony felony
Accessories 2 degrees lower than the 3 degrees lower than 4 degrees lower than
penalty prescribed by law the penalty prescribed the penalty prescribed
by law for an by law for an
attempted felony attempted felony
Note: GR: a. Absolute Perpetual Disqualification if the
a. Penalties are imposed upon the principals. principal offender is guilty of a grave
b. Whenever the law prescribes a penalty for a felony.
felony in general terms, it shall be b. Absolute Temporary Disqualification if the
understood to apply to a consummated offender is guilty of a less grave felony.
felony.
Q: What are the penalties to be imposed upon
XPN: This shall not apply if:
principals when the crime consummated was
a. The law expressly provides penalties
different from that which was intended?
for accomplices and accessories of a
crime.
b. the law expressly provides penalties for A: Rules:
frustrated and attempted stages; a. If the penalty prescribed for the felony
committed is higher than the penalty
Q: What are the additional penalties imposed to prescribed for the felony originally
certain accessories? intended, the penalty corresponding to
the latter shall be imposed in its
A: Those accessories falling within the terms of maximum period.
Paragraph 3, Article 19 of this code who shall act b. If the penalty prescribed for the felony
with abuse of their public functions shall suffer an committed is lower than the penalty
additional penalty of: prescribed for the felony originally
intended, the penalty corresponding to
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the former shall be imposed in its either of the latter offenses, such penalty
maximum period. shall be imposed in its maximum period.
c. The rule in the next preceding paragraph
shall not apply if the acts committed by Q: What penalties may be simultaneously served?
the guilty person shall constitute an
attempt or frustration of another crime. If A:
the law prescribes a higher penalty for
1. Perpetual absolute disqualification 6. Destierro
2. Perpetual special disqualification 7. Public censure
3. Temporary absolute disqualification 8. Fine and bond to keep the peace
4. Temporary special disqualification 9. Civil interdiction
5. Suspension 10. Confiscation and payment of costs
A:
Indeterminate Sentence Law PENALTY IS IMPOSED BY THE RPC:
(R.A. 4103, as amended by Act No. 4225)
1. The Maximum Term is that which in view of
Q: What is an indeterminate sentence? the attending circumstances could be properly
imposed under the RPC
A: It is a sentence with a minimum term and a 2. The Minimum Term is within the range of the
maximum term which the court is mandated to penalty next lower to that prescribed by the RPC
impose for the benefit of a guilty person who is not
disqualified therefore, when the maximum PENALTY IS IMPOSED BY SPECIAL PENAL LAW:
imprisonment exceeds 1 year.
1. The Maximum Term must not exceed the
Q: What is the purpose of the indeterminate maximum term fixed by said law.
sentence law? 2. The Minimum Term must not be less than the
minimum term prescribed by the same.
A: The purpose of the indeterminate sentence law
is to avoid prolonged imprisonment because it is Q: Who are disqualified from availing the benefits
proven to be more destructive than constructive to of the indeterminate sentence law?
offenders.
A: The Indeterminate sentence law shall not apply
Q: When does indeterminate sentence apply? to persons:
1. Convicted of:
A: Indeterminate sentence applies mandatorily to a. An offense punishable with death
violations of both the RPC and special laws where penalty, reclusion perpetua or life
imprisonment would exceed one (1) year, and imprisonment
where the penalty is divisible. (Sec.1) b. Treason, conspiracy or proposal to
commit treason
Q: How is the indeterminate sentence imposed? c. Misprision of treason, rebellion,
sedition, espionage
A: In imposing a prison sentence for an offense d. Piracy
punished by the RPC or special penal laws, the court 2. Who are habitual delinquents
shall sentence the accused to an indeterminate 3. Who shall have escaped from
sentence, which has a maximum and a minimum confinement or evaded sentence
term based on the penalty actually imposed. 4. Granted conditional pardon by the Chief
Executive and shall have violated the term
Note: The term minimum refers to the duration of the (condition) thereto
sentence which the convict shall serve as a minimum 5. Whose maximum term of imprisonment
to be eligible for parole. The term maximum refers to does not exceed one year
the maximum limit of the duration that the convict 6. Sentenced to the penalty of destierro or
may be held in jail. For special laws, it is anything suspension only; Any person convicted of
within the inclusive range of prescribed penalty. Courts a crime but the penalty imposed upon
are given discretion in the imposition of the him does not involve imprisonment
indeterminate penalty. 7. Who are already serving final judgment
upon the approval of the Indeterminate
Q: What are the rules in imposing a penalty under Sentence Law. (Sec. 2)
the Indeterminate sentence law?
Note: Although the penalty prescribed for the felony A: When the paroled prisoner shall violate any of
committed is death or reclusion perpetua, if after the conditions of his parole, he may be:
considering the attendant circumstances, the 1. Rearrested; and
imposable penalty is reclusion temporal or less, the 2. Thereafter, he shall serve the remaining
Indeterminate Sentence Law applies. unexpired portion of the maximum
sentence for which he was originally
Q: When is a prisoner qualified for release on committed to prison. (Sections 8 of the
parole? Indeterminate Sentence Law)
A: Whenever any prisoner shall: THREE FOLD RULE
1. Have served the minimum penalty
imposed upon him Q: What are the different systems of penalties
2. Appear to the board of indeterminate relative to two or more penalties imposed on one
sentence, from the reports of the and the same accused?
prisoners work and conduct, and from
the study and investigation made by the A:
board itself that: 1. Material accumulation system- no limitation
a. Fitted by his training for release; whatever. All the penalties for all violations
b. Reasonable probability that such were imposed even if they reached beyond the
prisoner will live and remain at natural span of human life.
liberty without violating the law;
c. Release will not be incompatible 2. Juridical accumulation system- limited to not
with the welfare of society. (Section more than the three fold length of time
5 of the Indeterminate Sentence Law) corresponding to the most severe and in no
case exceed 40 years.
Q: When is a prisoner on parole entitled to final
release and discharge? 3. Absorption system- the lesser penalties are
absorbed by the graver penalties. It is
A: If during the period of surveillance such paroled observed in the imposition of the penalty in
prisoner shall: complex crimes, continuing crimes, and
1. Show himself to be a law abiding citizen specific crimes like robbery with homicide, etc.
and;
2. Not violate any law, (Section 6 of the Q: What is the rule if the culprit has to serve 2 or
indeterminate Sentence Law) more penalties?
Note: The Board may issue a final certification in his A: If the culprit has to serve 2 or more penalties, he
favor, for his final release and discharge. (Sec. 6) shall serve them simultaneously if the nature of the
penalties will so permit. Otherwise, the penalties
Q: What are the sanctions for the violation of the shall be served successively on the order of their
conditions of parole? severity as follows:
1. Death 8. Destierro
2. Reclusion perpetua 9. Perpetual absolute disqualification
3. Reclusion temporal 10. Temporary absolute disqualification
4. Prision mayor 11. Suspension from public office, the right to
5. Prision correccional vote and be voted for, the right to follow
6. Arresto mayor profession or calling
7. Arresto menor 12. Public censure
Q; What is the three-fold rule?
A: If a convict has to serve at least four sentences,
A: The maximum duration of a convicts sentence continuously.
shall not be more than three times the length of
time corresponding to the most severe of the Note: All the penalties, even if by different courts at
penalties imposed upon him but in no case exceed different times, cannot exceed three-fold most severe.
40 years.
Q: When does the three-fold rule apply?
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Q: What if upon conviction of the offender respectable member of the community. (Art.
undergoing preventive imprisonment, the court 88)
imposed on him only a fine. Can credit be given?
Q: When may a defendant serve his sentence in his
A: No. The credit is given in the service of house?
sentences consisting of deprivation of liberty.
A:
Illustration: 1. The penalty is arresto menor;
2. It is conditioned with surveillance by an officer
A was accused of a violation of Art. 144 of the of the law;
Revised Penal Code. The penalty provided for 3. Either:
is arresto mayor or a fine from P200 to P1, a. It is due to the health of the offender;
000. He was detained for 10 days during the b. Other reasons satisfactory to the court
pendency of his trial. A was found guilty and (Art. 88).
was sentenced to pay a fine of P500. He
cannot now claim that his fine should be Q: Enumerate instances or situations in criminal
reduced accordingly to his preventive cases wherein the accused either as an adult or as
imprisonment because his sentence does not a minor, can apply for and/or be granted a
consist in deprivation of liberty. suspended sentence.
Execution and Service of Penalties A:
1. Where the accused became insane before
Q: When is a penalty executed? sentence could be promulgated under Art 79
of RPC
A: No penalty shall be executed except by virtue of 2. Where the offender, upon conviction by the
a final judgment (Art. 78). trial court, filed an application for probation
which has been granted (Baclayon v Mutia,
Q: When does a judgment become final? 1984)
3. Where the offender needs to be confined in a
A: Fifteen days after promulgation of the judgment rehabilitation center because of drug
when the accused does not appeal. dependency although convicted of the crime
charged
Note: However, if the defendant has expressly waived 4. Where the offender is a youthful offender
in writing his right to appeal, the judgment becomes under Art 192 of P.D. 603
final immediately (Rule 120, Sec. 7, Rules of Court). 5. Where the crime was committed when the
offender is under 18 years of age and he is
Q: How are penalties executed? found guilty thereof in accordance with RA
9344, but the trial court subjects him to
A: Only in the form prescribed by law and any other appropriate disposition measures as
circumstances and incidents shall be expressly prescribed by the Supreme Court in the Rule
authorized thereby (Art. 78, par. 2). on Juveniles in Conflict with the Law.
6. Under R.A. 9165
Q: Where shall the penalties of reclusion perpetua, a. First time minor offender - an accused is
reclusion temporal, prision correccional, and over 15 at the time of the commission of
arresto mayor be served? the offense but not more than 18 years of
age at the time when judgment should
A: In the places and penal establishments provided have been promulgated after having been
by the Administrative Code (Art. 86). found guilty of said offense if he has not
been previously convicted of violating any
Q: Where is the place of service of arresto menor? provision of RA 9165,
b. He has not been previously committed to
A: a Center or to the care of a DOH-
1. In the municipal jail; accredited physician
2. In the house of the offender, but under the c. The Board favorably recommends that his
surveillance of an officer of the law whenever sentence be suspended.
the court provides in the decision due to the 7. When the sentence is death, its execution may
health of the offender. But the reason is not be suspended or postponed by the Supreme
satisfactory just because the offender is a Court, through the issuance of R.O. upon the
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CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
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VI. MODIFICATION AND EXTINCTION OF CRIMINAL 2. When eight justices of the Supreme Court fail
LIABILITY to reach a decision for the affirmance of the
death penalty (Reyes, p. 868).
Q: How is criminal liability extinguished?
Q: What is then nature of good conduct
A: Criminal liability may be extinguished either, allowances?
partially or totally.
A: Allowances for good conduct are deductions
Q: When is there partial extinction of criminal from the term of sentence for good behavior (Art.
liability? 97). The following shall be the deductions from the
period of sentence of any prisoner in good conduct:
A: 1. During the first two years of
1. By conditional pardon; imprisonment, he shall be allowed a
2. By commutation of the sentence; deduction of five days for each month of
3. For good conduct allowances which the culprit good behavior;
may earn while he is serving his sentence; 2. During the third to the fourth year,
4. By parole (Art. 94). inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for
Q: What is the nature of conditional pardon? each month of good behavior;
3. During the following years until the tenth
A: When delivered and accepted, it is considered a year, inclusive, of his imprisonment, he
contract between the sovereign power of the shall be allowed a deduction of ten days
executive and the convict that the former will for each month of good behavior; and
release the latter upon compliance with the 4. During the eleventh and successive years
condition. of his imprisonment, he shall be allowed a
deduction of fifteen days for each month
Q: What is the obligation incurred by a person of good behavior.
granted with conditional pardon?
Q: Who shall grant time allowance?
A: He shall incur the obligation of complying strictly
with the conditions imposed therein, otherwise, his A: The allowance for good conduct is not an
noncompliance with any of the conditions specified automatic right. It must be granted by the Director
shall result in the revocation of the pardon and the of Prisons. Once granted, allowances for good
provisions of Art. 159 on violation of conditional conduct cannot be revoked by him.
pardon shall be applied to him (Art. 95).
Q: What is special time allowance for loyalty of
Q: What is nature of commutation of sentence? prisoner?
A: It is a change of the decision of the court made A: It is a deduction of one fifth (1/5) of the period of
by the Chief Executive by reducing the degree of the sentence of a prisoner who, having evaded the
penalty inflicted upon the convict, or by decreasing service of his sentence during the calamity or
the length of the imprisonment or the amount of catastrophe mentioned in Art. 158, gives himself up
the fine. to the authorities within 48 hours following the
issuance of the proclamation by the President
Q: What is effect of commutation of sentence? announcing the passing away of the calamity or
catastrophe (Art. 98).
A: The commutation of the original sentence for
another of a different length and nature shall have Q: What is parole?
the legal effect of substituting the latter in the place
of the former (Art. 96). A: Parole consists in the suspension of the sentence
of a convict after serving the minimum term of the
Q: What are the cases where commutation is indeterminate penalty, without granting a pardon,
provided for by the Code? prescribing the terms upon which the sentence
shall be suspended (Reyes, p. 868).
A:
1. When the convict sentenced to death is over Note: Parole system cannot exist without the
70 years of age (Art. 83); Indeterminate sentence law.
Q: What is the difference between conditional A: The causes of the extinction arise after the
pardon and parole? commission of the offense while the causes of
justification or exemption arise from circumstances
A: existing either before the commission of the crime
Conditional Pardon Parole or at the moment of its commission (Reyes, p. 839).
It may be given at any It may be given after the
time after final prisoner has served the PRESCRIPTION OF CRIMES
judgment by the Chief minimum penalty by the
Executive. Board of Pardons and Q: What is the nature of prescription of a
Parole under the crime/penalty?
provisions of the
Indeterminate Sentence A: The State or the People loses the right to
Law. prosecute the crime or to demand service of the
For violation of the For violation of the penalty imposed (Santos v. Superintendent, 55 Phil.
conditional pardon, the parole, the convict 345).
convict may be cannot be prosecuted
rearrested or under Art. 159. He can Q: When shall crimes prescribe?
reincarcerated by the be rearrested and
Chief Executive or may reincarcerated to serve A: Those punishable by:
be prosecuted under the unserved portion of 1. Death, reclusion perpetua, reclusion
Art. 159 of the Code. his original penalty. temporal in twenty (20) years;
2. Other afflictive penalties (prision mayor)
Note: The mere in fifteen (15) years;
commission, not 3. Correctional penalty (prision correccional)
conviction by the court, of in ten (10) years;
any crime is sufficient to 4. Arresto mayor in five (5) years;
warrant the parolees 5. Light offenses in two (2) months.
arrest and reincarceration
(Guevarra, in Reyes, p. Note: When the penalty fixed by law is a compound
869). one, the highest penalty shall be made the basis of the
application of prescription. (Art. 90)
Q: How is criminal liability totally extinguished?
Q: What is the rule where the last day of the
A: Art. 89 provides for the following: prescriptive period falls on a Sunday or a legal
1. By the death of the convict, as to the holiday?
personal penalties; and as to pecuniary
penalties, liability therefor is extinguished A: In Yapdiangco v. Buencamino, the Court said that
only when the death of the offender in such a case, the information may no longer be
occurs before final judgment; filed the next day as the crime has already
2. By service of sentence; prescribed (122 SCRA 713).
3. By prescription of the crime;
4. By prescription of the penalty; Q: When shall the crimes of oral defamation and
5. By marriage of the offended woman in slander by deed prescribe?
cases of seduction, abduction, rape and
acts of lasciviousness, as provided in Art. A: Distinction should be made between simple and
344 of the RPC. grave slander. Grave slander prescribes in six (6)
6. By absolute pardon; months while simple slander in two (2) months
7. By amnesty, which completely (People vs. Maceda, 73 Phil. 679).
extinguishes the penalty and all its
effects; Q: When shall the crimes punishable by destierro
prescribe?
Note: Extinction of criminal liability does not
necessarily mean that civil liability is also extinguished A: Classified as a correctional penalty under Art. 25,
(Petralba v. Sandiganbayan, 200 SCRA 644). and according to Art. 90, ten (10) years should be
the prescription period (Dalao vs. Geronimo, 92
Q: What is the difference between the causes of Phil. 1042).
extinction from criminal liability from the causes
of justification or exemption?
Q: When shall crimes punishable by fines the same be not known at the time, from the
prescribe? discovery thereof and the institution of judicial
proceedings for its investigation and punishment
A: Fines are also classified as afflictive, correctional, (Sec. 2, Act No. 3326).
or light penalty under Art. 26. That is, in 15 years,
10 years, and 2 months, respectively . Note: Prescription does not divest court of jurisdiction;
it is a ground for acquittal of the accused. Thus, the
Note: The subsidiary penalty for non-payment of the court must exercise jurisdiction, and not inhibit itself
fine should not be considered in determining the (Santos v. Superintendent, 55 Phil. 345).
period of prescription of such crimes (People v. Basalo,
101 Phil. 57). In addition, in light felonies when a fine Q: How is prescription of offenses determined?
of P200 is also provided, such fine should not be
considered correctional. A: The period of prescription commences to run
from the day the crime is committed
Q: What shall be the basis for prescription when 1. The period of prescription commences to
fine is an alternative penalty higher than the other run from the day on which the crime is
penalty which is by imprisonment? discovered by the offended party, the
authorities or their agents.
A: Prescription herein is based on fine (People v. 2. It is interrupted by the filing of the
Basalo, supra). complaint or information.
3. It commences to run again when such
Note: The ruling in Basalo applies even if the penalty is proceedings terminate without the
arresto mayor and fine. accused being convicted or acquitted or
are unjustifiably stopped for any reason
Q: What is the prescriptive period of offenses not imputable to him.
punished under special laws and municipal 4. The term of prescription shall not run
ordinances? when the offender is absent from the
Philippines (Art. 91).
A: Act No. 3763, amending No. 3326, provides:
1. Offenses punished only by a fine or by Note: The term "proceedings" should now be
imprisonment for not more than one understood to be either executive or judicial in
month prescribes after one year; character: executive when it involves the investigation
2. Offenses punished by imprisonment for phase; and, judicial when it refers to the trial and
more than one month, but less than two judgment stage. With this clarification, any kind of
yearsafter 4 years; investigative proceeding instituted against the guilty
3. Offenses punished by imprisonment for person which may ultimately lead to his prosecution
two years or more but less than six should be sufficient to toll prescription. (Panaguiton,
yearsafter 8 years; Jr. v. DOJ, G.R. No. 167571, Nov. 25, 2008)
4. Offenses punished by imprisonment for
six years or moreafter 12 years; Q: What are the situations which do not follow
5. Offenses under Internal Revenue Law Art. 91?
after 5 years;
6. Violation of municipal ordinancesafter A:
2 months; 1. Continuing crimes prescriptive period will
7. Violations of the regulations or conditions start to run only at the termination of the
of certificate of convenience by the Public intended result.
Service Commissionafter 2 months 2. In crimes against false testimony prescriptive
(Reyes, p. 849). period is reckoned from the day a final
judgment is rendered and not at the time
Note: Act 3326 is not applicable where the special law when the false testimony was made.
provides for its own prescriptive period (People v. 3. Election offense
Ramos, 83 SCRA 1). a. If discovery of the offense is incidental to
judicial proceedings, prescription begins
Q: When shall the prescriptive periods of the when such proceeding terminates; or
violations penalized by special laws and b. From the date of commission of the
ordinances begin to run? offense.
A: Prescription shall begin to run from the day of Q: One fateful night in January 1990, while 5-year
the commission of the violation of the law, and if old Albert was urinating at the back of their house,
2. That the convict evaded the service of the expiration of the period of the period interrupts
sentence by escaping during the term of his does not interrupt the prescription.
sentence; prescription.
3. That the convict who escaped from prison has
not given himself up, or been captured, or PARDON BY THE OFFENDED PARTY
gone to a foreign country with which we have
no extradition treaty, or committed another Q: Does pardon by the offended party extinguish
crime; criminal action?
4. That the penalty has prescribed because of the
lapse of time from the date of the evasion of A: GR: No. A crime committed is an offense against
the service of the sentence by the convict the State. In criminal cases, the intervention of the
(Reyes, p. 865). aggrieved parties is limited to being witnesses for
prosecution.
Q: Petitioner Adelaida Tanega failed to appear on
the day of the execution of her sentence. On the XPNs:
same day, respondent judge issued a warrant for 1. Pardon by an offended party in the crimes
her arrest. She was never arrested. More than a of adultery and concubinage will be a bar
year later, petitioner through counsel moved to to criminal prosecution, provided, they
quash the warrant of arrest, on the ground that pardoned both offenders. Provided
the penalty had prescribed. Petitioner claimed further, it must be made before the
that she was convicted for a light offense and institution of criminal prosecution.
since light offenses prescribe in one year, her Pardon here may be implied. (Art. 344,
penalty had already prescribed. Is the motion RPC)
meritorious?
Note: But such pardon will not operate to
A: No, the penalty has not prescribed as she did extinguish criminal liability.
not evade her service of sentence. For purpose of
prescription of penalties, Art. 93 of the Revised 2. In the crimes of seduction, abduction,
Penal Code, which provides that the prescription of rape or acts of lasciviousness, there shall
penalties shall commence to run from the date be no criminal prosecution if the offender
when the culprit should evade the service of his has been pardoned by the offended party
sentence, must be understood in the light of Art. or her parents, grandparents or guardian.
157, as the concept of evasion of sentence is Provided, the pardon in such cases must
readily provided for in this Article. (Tanega v. be express.
Masakayan, G.R. No. 141718, 2005)
Q: Is the extinguishment of criminal liability by
Q: What are the distinctions between prescription the marriage of the offended woman to her
of crimes and prescription of penalties? offender in seduction, abduction, rape and acts of
lasciviousness an absolute rule?
A:
PRESCRIPTION OF PRESCRIPTION OF A: No, it must be contracted in good faith. Hence, a
CRIMES PENALTIES marriage contracted only to avoid criminal liability
Loss of forfeiture of the is devoid of legal effects (People vs. Santiago, 51
Loss or forfeiture of the
State to enforce Phil. 68).
State to prosecute.
judgment
Starts counting upon Likewise, in cases of multiple rapes, the subsequent
Starts counting upon
discovery of the valid marriage of the offender and the offended
the escape or evasion
commission of the party will not extinguish criminal liability. (Sandoval,
of service of sentence
crime 2010)
Absence from the
Philippines interrupts PARDON BY THE CHIEF EXECUTIVE
Mere absence from the
the period only when
Philippines interrupts
he goes to a foreign Q: What is pardon?
the running of the
country without
prescription
extradition treaty with A: It is an act of grace proceeding from the power
us. entrusted with the execution of the laws which
Commission of another Commission of another exempts the individual on whom it is bestowed
crime before the crime before expiration
Note: Formal declaration of the existence of a state of A: This requires the concurrence of two things:
war is not necessary. 1. That there be an actual assembling of
men;
Q: What is meant by levying war?
Witness A testified that he saw the defendant
2. For the purpose of executing a going to the house of X in search of the latters
treasonable design by force. revolver. Witness B testified that when X went
Q: When is there adherence to enemies? to the garrison, the defendant required him (X)
to produce his revolver. It was held that the
A: It is when a citizen intellectually or emotionally search for the revolver in the house of X is one
favors the enemies and harbors sympathies or overt act and the requiring to produce the
convictions disloyal to his countrys policy or revolver in the garrison is another.
interest. However, adherence alone without aid Thus, there must be two witnesses for each
and comfort does not constitute treason, but it may act. (People vs. Abad, 78 Phil. 766)
be inferred from the acts committed.
Q: What is meant by confession?
Q: What is meant by aid and comfort?
A: It means confession of guilt in an open court;
A: It means overt acts which strengthens or tends that is, before the judge while actually hearing the
to strengthen the enemy of the government in the case.
conduct of war against the government or an act
which weakens or tends to weaken the power of Note: Extrajudicial confession or confession made
the government to resist or to attach the enemies before the investigators is not sufficient to convict a
of the government. person of treason.
Note: The overt act of giving aid or comfort to the Q: X furnished women to the enemy. Does the act
enemy must be intentional. constitute treason?
Q: How is adherence proved? A: Commandeering of women to satisfy the lust of
the enemies or to enliven the entertainment held in
A: Adherence may be proved: their honor was NOT treason even though the
1. By one witness; women and the entertainments helped to make life
2. From the nature of the act itself; or more pleasant for the enemies. (People v. Perez, 83
3. From the circumstances surrounding the Phil.)
act.
Q: Does accepting a public office under the enemy
Q: How is treason proved? constitute the felony of treason?
A: A person may be convicted of treason by any of A: Mere acceptance of a public office and the
the following only: discharge of the duties connected therewith do not
1. Testimony of two witnesses, at least, to constitute per se the crime of treason, unless such
the same overt act; or office was accepted as an aid and for the comfort of
2. Confession of the accused in open court. the enemy and that the person who accepted the
office adheres to the enemy.
Q: What is the two-witness rule?
Q: Is treason a continuing offense?
A: It is a rule which requires the testimony of at
least two witnesses to prove the overt act of giving A: Yes. It can be committed by a single act or by
aid or comfort. The two-witness rule is severely series of acts. It can be committed in one single or
restrictive and requires that each of the witness different time. In treason, there is only one criminal
must testify to the whole overt act; or if it is intent. A person who commits treason is not
separable, there must be two witnesses to each criminally responsible for as many crimes of treason
part of the overt act (People vs. Escleto, 84 Phil. as the overt acts as he has intentionally committed
121). to give aid to the enemy.
Illustration: Note: The offender can still be prosecuted even after
war.
Q: When common crimes (e.g. murder, robbery, 2. The sovereignty of the Government is not
arson) are committed in the furtherance of the transferred to the enemy by mere
crime of treason, can they be considered crimes occupation;
separate from treason? 3. The subsistence of the sovereignty of the
legitimate Government in a territory
A: No. The common crimes committed in occupied by the military forces of the
furtherance of treason are the overt acts of aid and enemy during the war is one of the rules
comfort in favor of the enemy and are therefore of International Law;
inseparable from treason itself. They become an 4. What is suspended is merely the exercise
element of treason. of the rights of sovereignty. (Laurel vs.
Misa, ibid.)
Note: However, if the prosecution should elect to
prosecute the culprit specifically for these crimes, Note: The defense of duress or uncontrollable fear,
instead of relying on them as an element of treason, and lawful obedience to a de facto Government are
punishment for these common crimes is not good defenses in treason. (Go Kim Cham vs. Valdez, 75
precluded. (People v. Prieto, 80 Phil 143) Phil. 113; People vs. Bagwis, 78 Phil. 174)
Q: What are the aggravating circumstances in the Conspiracy and Proposal to commit Treason
crime of treason? Art. 115
A: Q: What are the elements of conspiracy to commit
1. Cruelty treason?
2. Ignominy
3. Rape, wanton robbery of personal gains and A:
brutality with which the killing or physical 1. In time of war
injuries are carried out which can be regarded 2. Two or more persons come to an agreement
as cruelty and ignominy to:
a. Levy war against the government, or
Note: Evident premeditation, superior strength, and b. Adhere to enemies and to give them aid
treachery are circumstances inherent in treason, and
or comfort
therefore, not aggravating.
3. They decide to commit it
Q: A was charged with the crime of treason. In his
Q: What are the elements of proposal to commit
defense, he asserts that he can no longer be
treason?
prosecuted for treason since he already lost his
Filipino citizenship under paragraphs 3, 4, and 6 of
A:
the Commonwealth Act No. 63, which provides
1. In time of war
that a Filipino may lose his citizenship by
2. A person who has decided to levy war against
accepting commission in the military, naval, or air
the government, or to adhere to the enemies
service of a foreign country when he joined the
and give them aid and comfort.
Japanese armed forces. Is his defense tenable?
3. Proposes its execution to some other person
or persons.
A: No. A cannot divest himself of his Philippine
citizenship by simple expedient of accepting a
Note: The mere conspiracy and proposal to commit
commission in the military, naval, or air service of treason are punishable are felonies under Article 115
such country. If such contention would be because in treason, the very existence of the State is
sustained, the very crime would be the shield that endangered.
would protect him from punishment. (People v.
Manayao, 78 Phil 721) Q: Does the two-witness rule apply to conspiracy
and proposal to commit treason?
Q: May a suspended allegiance, or change of
sovereignty be used as a defense to the crime of A: No since this crime is separate and distinct
treason? offense from that of treason (US vs. Bautista, 6
Phil. 581).
A: No because of the following reasons:
1. A citizen owes an absolute and Q: If actual acts of treason are committed after the
permanent allegiance to his government; conspiracy or after the proposal is accepted, what
crime is committed?
b. seize the whole or part of the cargo Intent to gain is an Intent to gain is
of said vessel, its equipment or element of piracy. immaterial.
personal belongings of its Attack from the outside. Attack from the
complement or passengers. inside.
Q: What is the meaning of high seas?
Qualified Piracy
Art.123
A: It means any waters on the sea coast which are
without the boundaries of the low-water mark,
Q: What are the circumstances qualifying the
although such waters may be in the jurisdictional
crimes of piracy and mutiny?
limits of a foreign government. The Convention on
the Law of the Sea defines high seas as parts of
A:
the seas that are not included in the exclusive
1. Whenever they have seized a vessel by
economic zone, in the territorial seas, or in the
boarding or firing upon the same;
internal waters of a State, or in the archipelagic
waters of an archipelagic State.
Note: The first qualifying circumstance does not
apply to mutiny since the offenders are already
Note: High seas does not mean that the crime is
on board the ship.
committed beyond the three-mile limit of any State.
2. Whenever the pirates have abandoned their
Q: Which court has jurisdiction over piracy
victims without means of saving themselves;
committed in the high seas?
or
3. Whenever the crime is accompanied by
A: Jurisdiction is with any court where offenders
murder, homicide, physical injuries, or rape.
are found or arrested. The jurisdiction of piracy,
unlike all other crimes, has no territorial limit.
Q: Is there a complex crime of piracy with murder?
Q: If piracy was committed outside the Philippine
A: No. There is only one crime committed
waters, will the Philippine courts have jurisdiction
qualified piracy. Murder, rape, homicide, physical
over the offense?
injuries are mere circumstances qualifying piracy
and cannot be punished as separate crimes, nor can
A: Yes, for piracy falls under Title I Book 2 of the
they be complexed with piracy. Qualified piracy is
Revised Penal Code. As such, it is an exception to
considered a special complex crime. It is punishable
the rule on territoriality in criminal law under
by reclusion perpetua to death regardless of the
Article 2. The same principle applies even if the
number of victims.
offenders were charged, not with a violation of
qualified piracy under the Code but under a special
law, P.D. 532 which penalizes piracy in Philippine Anti-Piracy and Anti-Highway Robbery Law (P.D.
waters. (People v. Catantan, 278 SCRA 761 [1997]) 532)
Q: What is mutiny? Q: What is a vessel?
A: It is the unlawful resistance to a superior officer, A: Any vessel or watercraft used for transport of
or the raising of commotions and disturbances on passengers and cargo from one place to another
board a ship against the authority of its through Philippine waters. It shall include all kinds
commander. and types of vessels or boats used in fishing.
Q: What is the difference between piracy and Q: What constitutes Philippine waters?
mutiny?
A: Philippine Waters shall refer to all bodies of
A: water, such as but not limited to seas, gulfs, bays
around, between and connecting each of the
PIRACY MUTINY Islands of the Philippine Archipelago, irrespective of
its depth, breadth, length or dimension, and all
Offenders are strangers Offenders are
other waters belonging to the Philippines by
to the vessel. Hence, members of the
historic or legal title, including territorial sea, sea-
offenders are neither complement or the
bed, the insular shelves, and other submarine areas
passengers nor crew passengers of the
over which the Philippines has sovereignty or
members. vessel.
jurisdiction.
100 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
crime such as policemen and other agents of law, generally in a manner calculated to arouse the
judges or mayors. suspicion of any one not advised as to their
duty, were arrested by policemen of the town.
Q: If the public officer who effected the arrest has The Supreme Court held that the police
no such authority to detain a person, what crime officers acted in good faith and cannot be held
can he be made liable for? liable for arbitrary detention. (U.S v.
Batalliones, 23 Phil. 46)
A: If the offender does not have the authority to
detain a person or to make such arrest, the crime Q: Can arbitrary detention be committed thru
committed by him is illegal detention. A public imprudence?
officer who is acting outside the scope of his official
duties is no better than a private citizen. A: Yes. The crime of arbitrary detention can be
committed through imprudence.
Note: In arbitrary detention, the offender is a public
officer whose functions have something to do with the Illustration:
protection of life and/or property and maintenance of
peace and order. Thus, if the one, who arrests another A police officer re-arrests a woman who had
without legal ground, is without authority to do so, like been released by means of verbal order of the
a clerk in the Office of the Central Bank Governor, judge. The police officer acted without malice,
arbitrary detention is not the proper charge but illegal
but did not verify the order of release before
detention.
proceeding to make the re-arrest. He is liable
for arbitrary detention through simple
Q: Can a barangay chairman be guilty of this
imprudence. (People v. Misa, 36 O.G. 3496)
crime?
Q: What are the distinctions between arbitrary
A: Yes. He has authority, in order to maintain peace
detention and illegal detention?
and order, to cause the arrest and detention of a
person. (Boado, 2008)
A:
Q: What are the legal grounds for the detention of Arbitrary Detention Illegal Detention
persons? The principal offender The principal offender is
must be a public officer. a private person.
A: GR: The offender, even if he
The offender who is a
1. Commission of a crime is a public officer, does
public officer has a duty
2. Violent insanity or other ailment requiring not include as his
which carries with it the
compulsory confinement of the patient in function the power to
authority to detain a
a hospital arrest and detain a
person.
3. Instances of a valid warrantless arrest person.
under Rule 113, Sec. 5 of the Revised
Rules of Court Q: What are the distinctions between arbitrary
a. suspect is caught in flagrante delicto detention and unlawful arrest?
b. suspect is caught immediately after
the commission of the offense when A:
the officer has probable cause to Arbitrary Detention Unlawful Arrest
believe based on personal The offender is a public
knowledge of facts and officer possessed with The offender may be
circumstances that the person to be authority to make any person.
arrested committed it arrests.
c. escaping prisoners The purpose is to accuse
the offended party of a
XPN: When the peace officers acted in good crime he did not
The purpose for
faith even if the grounds mentioned above are commit, to deliver the
detaining the offended
not obtaining, there is no arbitrary detention. person to the proper
party is to deny him of
authority, and to file the
his liberty.
Illustration: necessary charges in a
way trying to
2 BIR secret agents, strangers in the incriminate him.
municipality who were spying the
neighborhood of the market place and acting
102 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Note: Waiver must be under oath and with the a. Service of notice of such order to the
assistance of counsel prisoner, or
b. Performance of such judicial or executive
Q: What is the length of waiver? order for the release of the prisoner, or
c. Proceedings upon a petition for the
A: release of such person.
1. Light offense- 5 days Expulsion
2. Serious and less serious offenses -7 to 10 days Art. 127
Q: What if the person arrested does not want to Q: What are the punishable acts under this article?
waive his rights under Art. 125?
A:
A: The arresting officer will have to comply with Art. 1. Expelling a person from the Philippines
125 and file the case immediately in court without 2. Compelling a person to change his residence.
preliminary investigation.
Note: This article does not apply in cases of ejectment,
Q: What is the difference between delay in the expropriation or when the penalty imposed is
delivery of detained persons (Art. 125) and destierro.
arbitrary detention (Art. 124)?
Q: What are the elements of expulsion?
A:
Delay in the Delivery of Arbitrary A:
Detained persons Detention 1. Offender is a public officer or employee
The detention is legal at the 2. He either:
outset but becomes arbitrary The detention is a. Expels any person from the Philippines
when the detention exceeds illegal at the very b. Compels a person to change residence
any of the periods of time inception because 3. Offender is not authorized to do so by law
specified in Art. 125, without of the absence of
the person detained having lawful cause for Q: What is the essence of the crime of expulsion?
been charged before the such arrest.
proper judicial authority. A: The essence of this crime is coercion but it is
specifically termed expulsion when committed by a
Delaying Release public officer.
Art. 126
Q: If any of the punishable acts under Art. 127 is
Q: What are the punishable acts? committed by a private person, what crime can he
be made responsible for?
A:
1. Delaying the performance of judicial or A: Grave coercion
executive order for the release of a prisoner
2. Unduly delaying the service of the notice of Q: What is the crime committed if aliens are
such order to said prisoner deported without an order from the President or
3. Unduly delaying the proceedings upon any the Commissioner of Immigration and Deportation
petition for the liberation of such person. after due proceedings?
Q: What are the elements of delaying release? A: Expulsion.
A: Note: Pursuant to Sec. 69 of the Revised
1. Offender is a public officer or employee Administrative Code, only the President of the
2. There is a judicial or executive order for the Philippines is vested with authority to deport aliens.
release of the prisoner or detention prisoner,
or that there is a proceeding upon a petition Q: What crime is committed when a Filipino who,
for the liberation of such person after voluntarily leaving the country, is illegally
refused re-entry by a public officer?
Note: The prisoners could be prisoners by final
judgment or detention prisoners. A: Expulsion, because he is considered a victim of
being forced to change his address.
3. Offender without good reason delays:
104 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Note: A search warrant shall be valid for 10 days from Note: This article does not apply to searches of
its date. Thereafter, it shall be void. vehicles and other means of transportation (Reyes
2008)
Q: When is a search warrant considered illegally
obtained? Q: What is the order of those who must witness
the search?
A: When a search warrant was procured without a
probable cause. A:
1. Homeowner
Q: What is the test for lack of just cause? 2. Members of the family of sufficient age and
discretion
A: Whether the affidavit filed in support of the 3. Responsible members of the community
application for search warrant has been drawn in
such a manner that perjury could be charged Note: Unlike in Art. 128 where the public officer is not
thereon and the affiant could be held liable for armed with a warrant, in crimes under Art. 129 and
damages caused. (Alvarez vs Court, et al 64 Phil 33) 130, the search is made by virtue of a valid warrant,
but the warrant notwithstanding, the liability for the
Q: What is the consequence of evidence obtained, crime is still incurred through the following situations:
1. The search warrant was irregularly
using a search warrant that is issued without just
obtained
cause?
2. The officer exceeded his authority
under the warrant
A: When papers and effects are obtained during 3. The public officer employs unnecessary
unreasonable searches and seizures, or under a or excessive severity in the
search warrant issued without probable cause, or in implementation of the search warrant
violation of the privacy of communications and 4. The owner of dwelling or any member
correspondence, the papers or effects obtained are of the family was absent, or two
not admissible for any purpose in any proceeding witnesses residing within the same
(Art. III, Sec. 2 and 3, 1987 Constitution) locality were not present during the
search
Q: What is the effect if the search warrant is
secured through a false affidavit? Q: Suppose, X, a suspected pusher lives in a
condominium unit. Agents of the PDEA obtained a
A: The crime punished by this article cannot be search warrant but the name of the person in the
complexed but will be a separate crime from search warrant did not tally with the address
perjury, since the penalty herein provided shall be indicated therein. Eventually, X was found but in a
in addition to the commission of any other different address. X resisted but the agents
offense, which in this case is perjury. insisted on the search. Drugs were found and
seized and X was prosecuted and convicted by the
Searching Domicile without Witnesses trial court. Is the search valid?
Art. 130
A: No, because the public officers are required to
Q: What are the elements of this crime? follow the search warrant by its letter. They have
no discretion on the matter. Their remedy is to ask
A: the judge to change the address indicated in the
1. Offender is a public officer or employee search warrant.
2. He is armed with search warrant legally
procured Prohibition, Interruption and Dissolution of
3. He searches the domicile, papers or other Peaceful Meetings
belongings of any person Art. 131
Note: The papers or other belongings must be in Q: What are the punishable acts under this article?
the dwelling of the owner at the time the search
is made. A:
1. Prohibiting or interrupting, without legal
4. Owner or any member of his family, or two ground, the holding of a peaceful meeting, or
witnesses residing in the same locality are not by dissolving the same
present.
106 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
****R.A. 9745 punishes torture inflicted by a person 5. The submersion of the head in water
in authority or agent of a person in authority upon or water polluted with excrement,
another in his/her custody. urine, vomit and/or blood until the
brink of suffocation;
Q: What is torture? 6. Being tied or forced to assume fixed
and stressful bodily position;
A: Under Sec. 3, torture refers to an act by which 7. Rape and sexual abuse, including the
severe pain or suffering, whether physical or insertion of foreign objects into the
mental, is intentionally inflicted on a person for sex organ or rectum, or electrical
such purposes as obtaining from him/her or a third torture of the genitals;
person information or a confession; punishing 8. Mutilation or amputation of the
him/her for an act he/she or a third person has essential parts of the body such as
committed or is suspected of having committed; or the genitalia, ear, tongue, etc.;
intimidating or coercing him/her or a third person; 9. Dental torture or the forced
or for any reason based on discrimination of any extraction of the teeth;
kind, when such pain or suffering is inflicted by or at 10. Pulling out of fingernails;
the instigation of or with the consent or 11. Harmful exposure to the elements
acquiescence of a person in authority or agent of a such as sunlight and extreme cold;
person in authority. It does not include pain or 12. The use of plastic bag and other
suffering arising only from, inherent in or incidental materials placed over the head to
to lawful sanctions. the point of asphyxiation;
13. The use of psychoactive drugs to
Other cruel, inhuman and degrading treatment or change the perception, memory.
punishment refers to a deliberate and aggravated alertness or will of a person, such as:
treatment or punishment not enumerated under i. The administration or drugs to
Section 4 of this Act, inflicted by a person in induce confession and/or
authority or agent of a person in authority against a reduce mental competency; or
person under his/her custody, which attains a level ii. The use of drugs to induce
of severity causing suffering, gross humiliation or extreme pain or certain
debasement to the latter. symptoms of a disease; and
14. Other analogous acts of physical
Q: What are the punishable acts? torture.
A: Torture, as punished under the law, may either B. Mental/psychological torture refers to
be physical or mental/psychological. acts calculated to affect or confuse the
mind and/or undermine a persons dignity
A. Physical torture is a form of treatment or and morale, such as:
punishment that causes severe pain,
exhaustion, disability or dysfunction of 1. Blindfolding;
one or more parts of the body, such as: 2. Threatening a person(s) or his/her
relative(s) with bodily harm,
1. Systematic beating, head-banging, execution or other wrongful acts;
punching, kicking, striking with 3. Confinement in solitary cells or
truncheon or rifle butt or other secret detention places;
similar objects, and jumping on the 4. Prolonged interrogation;
stomach; 5. Preparing a prisoner for a show
2. Food deprivation or forcible feeding trial, public display or public
with spoiled food, animal or human humiliation of a detainee or
excreta and other stuff or substances prisoner;
not normally eaten; 6. Causing unscheduled transfer of a
3. Electric shock; person deprived of liberty from one
4. Cigarette burning; burning by place to another, creating the belief
electrically heated rods, hot oil or that he/she will be summarily
acid, or by the rubbing of pepper or executed;
other chemical substances on 7. Maltreating a member/s of a
mucous membranes, or acids or person's family;
spices directly on the wound;
108 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
110 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Q: What are political crimes? Note: Killing, robbing, etc, for private purposes or
profit without any political motivation would be
A: Those that are directly aimed against the political separately punished and would not be absorbed in the
order, as well as such common crimes as may be rebellion. (People v. Geronimo et al., 100 Phil 90)
committed to achieve a political purpose. The
decisive factor is the intent or motive. Q: Is the ruling in Hernandez applicable even if the
common crime committed is punishable by a
Rebellion or Insurrection special law?
Art. 134
A: Yes. All crimes, whether punishable under special
Q: What are the elements of Rebellion or a or general law, which are mere components or
Insurrection ingredients, or committed in furtherance thereof,
become absorbed in the crime or rebellion and
A: cannot be isolated and charged as separate crimes
1. That there be : themselves. (Ponce Enrile v. Amin, G.R. No. 93335,
a. public uprising and
September 13, 1990)
b. taking of arms against the Government.
2. Purpose of uprising or movement is either to:
Q: As a result of the killing of SPO3 Jesus Lucilo,
a. Remove from the allegiance to said
Elias Lovedioro was charged with and
Government or its laws
subsequently found guilty of the crime of murder.
i. The territory of the Philippines or
On appeal, Lovedioro claims that he should have
any part thereof; or
been charged with the crime of rebellion, not
ii. Any body of land, naval or other
murder as, being a member of the NPA, he killed
armed forces;
Lucilo as a means to or in furtherance of
b. Deprive the Chief Executive or Congress,
subversive ends. The Solicitor General, opposing
wholly or partially, any of their powers or
appellants claim, avers that it is only when the
prerogatives
defense had conclusively proven that the motive
or intent for the killing of the policeman was for
Q: What is the essence of the crime of rebellion?
"political and subversive ends" will the judgement
of rebellion be proper. Between the appellant and
A: The essence of rebellion is public uprising and
the Solicitor General, who is correct?
the taking of arms for the purpose of overthrowing
the Government by force although it is not
A: The Solicitor General is correct. It is not enough
necessary that the rebels succeed in overthrowing
that the overt acts of rebellion are duly proven.
the Government. It is generally carried out by
Both purpose and overt acts are essential
civilians.
components of the crime. With either of these
Note: If there is no public uprising, the crime is direct
elements wanting, the crime of rebellion legally
assault. does not exist. If no political motive is established
and proved, the accused should be convicted of the
Q: What is the nature of the crime of rebellion? common crime and not of rebellion. In cases of
rebellion, motive relates to the act, and mere
A: Rebellion is a crime of the masses. It requires a membership in an organization dedicated to the
multitude of people. It is a vast movement of men furtherance of rebellion would not, by and of itself,
and a complex network of intrigues and plots. suffice. (People vs. Lovedioro, G.R. No. 112235,
1995)
Q: Can rebellion be complexed with common
crimes? Q: For the killing of Redempto Manatad, a
policeman and who was then in the performance
A: No. Being within the purview of engaging in of his official duties, accused Rodrigo Dasig, a self-
war and committing serious violence, said resort confessed member of the sparrow unit, the
to arms, with the resulting impairment or liquidation squad of the NPA, was found guilty of
destruction of life and property, constitutes not two murder with direct assault. On appeal, he claims
or more offense, but only one crime that of that he should be convicted at most of simple
rebellion plain and simple. (People v. Hernandez et rebellion and not murder with direct assault. Is the
al., 99 Phil 515) appeal meritorious?
A: Yes, since the killing of Manatad is a mere
component of rebellion or was done in furtherance
112 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
against the government, public uprising and A: The leader being unknown, any person who in
its military camp or taking up arms against fact directed the others, spoke for them, signed
installations, the government. receipts and other documents issued in their name,
communication network or performed similar acts, on behalf of the rebels
and public facilities and shall be deemed the leader of such rebellion,
utilities essential to the insurrection or coup d'etat. (2002 Bar Question)
continued exercise of
governmental powers. Conspiracy and Proposal to Commit Coup dEtat,
May be carried out singly Requires a public Rebellion, or Insurrection
or simultaneously. uprising, or multitude Art. 136
of people.
Principal offenders must Offenders need not be Q: What are the crimes punished under this
be members of the uniformed personnel Article?
military, national police of the military or the
or public officer, with or police. A:
without civilian support. 1. Conspiracy to commit coup detat
The purpose is merely to The purpose is to 2. Proposal to commit coup detat
paralyze the existing overthrow the existing 3. Conspiracy to commit rebellion or insurrection
government. government. 4. Proposal to commit rebellion or insurredtion
Penalty for Rebellion or Insurrection or Coup Q: When is there conspiracy to commit coup
Detat detat?
Art. 135
A: When two or more persons belonging to the
Q: Who are the persons liable for rebellion, military or police or holding any public office or
insurrection or coup detat? employment come to an agreement to seize or
diminish State power through a swift attack
A: accompanied by violence, intimidation, threat,
1. Leader strategy or stealth against duly constituted
a. Any person who promotes, maintains, or authorities of the Republic of the Philippines, or any
heads a rebellion or insurrection. military camp or installation, communication
b. Any person who leads, directs, or networks, public utilities or other facilities needed
commands others to undertake coup for the exercise and continued possession of power
detat. and decide to commit it.
2. Participants Q: When is there proposal to commit coup detat?
a. Any person who participates or executes
the commands of others in rebellion, or A: When the person belonging to the military or
insurrection. police or holding any public office or employment
b. Any person in the government service who has decided to seize or diminish State power
who participates, or executes directions through a swift attack accompanied by violence,
or commands of others in undertaking a intimidation, threat, strategy or stealth against duly
coup detat. constituted authorities of the Republic of the
c. Any person not in the government service Philippines, or any military camp or installation,
who participates, supports, finances, communication networks, public utilities or other
abets, or aids in undertaking a coup facilities needed for the exercise and continued
detat. possession of power proposes its execution to some
other person or persons.
Note: In cases of rebellion, the public officer must take
active part to be liable. Mere silence or omission is not Q: When is there conspiracy to commit rebellion?
one of those acts constituting the crime of rebellion
(U.S. vs. Ravidas, 4 Phil. 273). A: When two or more persons come to an
agreement to rise publicly and take arms against
Q: If the attack is quelled but the leader is the government for any of the purposes of rebellion
unknown, who shall be deemed the leader and decide to commit it.
thereof?
Q: When can there be proposal to commit
rebellion?
114 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
116 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
filled with gasoline. The raid resulted not only in order resulting from
destruction of Punzalans house and that of others tumultuous uprising.
but also in the death and injuries to a number of
civilians. The CFI found appellant guilty of the Q: What is the crime committed if there is no
complex crime of rebellion with multiple murder, public uprising?
among others. Was the lower court correct?
A: If the purpose of the offenders is to attain the
A: No. The accused is guilty of sedition, multiple objects of sedition by force or violence, but there is
murder and physical injuries, among others. The no public uprising, the crime committed is direct
purpose of the raid and the act of the raiders in assault.
rising publicly and taking up arms was not exactly
against the Government and for the purpose of Penalty for Sedition
doing the things defined in Article 134 of the Art. 140
Revised Penal code under rebellion. The raiders did
not even attack the Presidencia, the seat of local Q: Who are liable for sedition, and what are the
Government. Rather, the object was to attain by corresponding penalties?
means of force, intimidation, etc. one object, to wit,
to inflict an act of hate or revenge upon the person A:
or property of a public official, namely, Punzalan 1. The leader prision mayor in its minimum
was then Mayor of Tiaong. Under Article 139 of the period, fine not exceeding Php10,000
same Code this was sufficient to constitute sedition 2. Other persons participating in the sedition
(People v. Umali, et. al., G.R. No. L-5803, 1954). prision correccional in its maximum period, fine
not exceeding Php5,000
Q: What are the distinctions between sedition and
rebellion?
Conspiracy to Commit Sedition
Art. 141
A:
SEDITION REBELLION
Q: Is there a crime of proposal to commit sedition?
It is sufficient that There must be taking up
public uprising be of arms against the
A: None. Only conspiracy is punished and not
tumultuous. government.
proposal to commit sedition.
Purpose may be Purpose is always
political or social, that is political, that is to
Q: When is there conspiracy to commit sedition?
merely to go against the overthrow the
established government government.
A: When two or more persons come to an
not to overthrow it.
agreement to rise publicly and tumultuously to
attain any of the objects specified in Art. 139 and
Q: What is the difference between sedition and
they decide to commit it
treason?
A: Inciting to Sedition
Art. 142
SEDITION TREASON
Treason is a violation by
Sedition is the raising of a subject of his Q: What are the different acts of inciting to
commotions or allegiance to his sedition?
disturbances in the sovereign or the
State. supreme authority of A: They are:
the State 1. Inciting others to the accomplishment of
any of the acts which constitute sedition
by means of speeches, proclamations,
Q: What differentiates sedition from crime of
tumults and other disturbance of public order? writings, emblems, etc.
2. Uttering seditious words or speeches
which tend to disturb the public peace.
A:
3. Writing, publishing, or circulating
SEDITION TUMULTS AND OTHER
scurrilous libels against the Government
DISTURBANCE OF
or any of the duly constituted authorities
PUBLIC ORDER
thereof, which tend to disturb the public
Sedition involves There is no public
peace.
disturbance of public uprising.
THE ACADEMICS COMMITTEE: U N I V E R S I T Y O F S A N T O T O M A S
CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE I. SANTOS
Facultad de Derecho Civil 117
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
Note: In inciting to sedition, the offender must not government are against the public peace, and are
take part in any public or tumultuous uprising. criminal not only because they tend to incite to a
breach of the peace but because they are
Q: When are uttering seditious words/speeches conducive to the destruction of the very
and writing, publishing or circulating scurrilous government itself. Such are regarded as seditious
libels punishable? libels (Espuelas v. People, G.R. No. L-2990, 1951).
A: Such are seditious when they: Q: What are the two rules relative to seditious
1. Tend to disturb or obstruct any lawful words?
officer in executing the functions of his
office A: They are:
2. Tend to instigate others to cabal and 1. Clear and present danger rule: words
meet together for unlawful purposes must be of such nature that by uttering
3. Suggest or incite rebellious conspiracies them there is a danger of public uprising
or riots and that such danger should be both clear
4. Lead or tend to stir up the whole people and imminent
against the lawful authorities or to disturb 2. Dangerous tendency rule: if words used
the peace of the community, the safety tend to create a danger of public uprising,
and order of the Government then those words could properly be
subject of penal clause
Note: Scurrilous means low, vulgar, mean or foul.
Note: It is the dangerous tendency rule that is
Q: The accused was heard to have shouted a generally adopted in the Philippines with respect to
number of times: "The Filipinos, like myself, must sedition cases. It is enough that the words used may
use bolos for cutting off Wood's head for having tend to create danger of public uprising.
recommended a bad thing for the Filipinos, for he
has killed our independence." What crime did the Q: What are some instances of inciting to sedition?
accused commit?
A: They are:
A: The accused uttered seditious words, a violation 1. Meeting for the purpose of discussing
of Article 142 of the RPC. While criticism, no matter hatred against the government
how severe, must be permitted, one that has for its 2. Lambasting government officials to
intent and effect is seditious must not be tolerated. discredit the government.
A statement is seditious when it is tended to stir up
the people against the lawful authorities, one that Note: If the objective of the abovementioned acts is to
will disturb the peace of the community and the overthrow the government, the crime would be
safety or order of the Government, instigate others inciting to rebellion.
to cabal or meet together for unlawful purposes, or
suggests and incites rebellious conspiracies. All its Acts Tending to Prevent the Meeting of the
various tendencies can be ascribed to the National Assembly and Similar Bodies
statement of the accused (People v. Perez, G.R. No. Art. 143
L-21049, 1923).
Q: What are the elements of this crime?
Q: After having his picture taken as one lifeless
Alberto Reveniera, hanging by the end of a rope A:
tied to a limb of a tree, accused Oscar Espuelas 1. That there be a projected or actual meeting of
sent a suicide note to several newspapers and the National Assembly (Congress of the
weeklies, which contain: If someone asks to you Philippines) or any of its committees or
why I committed suicide, tell them I did it because subcommittees, constitutional committees or
I was not pleased with the administration of divisions thereof, or any of the provincial
Roxas; the government is infested with many board or city or municipal council or board.
Hitlers and Mussolinis; teach our children to burn 2. Offender who may be any person prevents
pictures of Roxas. What crime did the accused such meeting by force or fraud.
commit?
Note: Under P.D. 1829, any person who disturbs the
A: The letter is a scurrilous libel against the proceedings in the fiscals office, in Tanodbayan, or in
Government. Writings which tend to overthrow or the courts may be held liable for violation of
undermine the security of the government or to Obstruction of Justice
weaken the confidence of the people in the
118 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Q: Should persons merely present at the meeting not limited to good customs. It refers to acts that
have a common intent to commit the felony of are in accordance with natural and positive laws.
illegal assembly?
Q: Who are the persons liable for the crime of
A: Yes. Absence of such intent may exempt the illegal associations?
person present from criminal liability.
A: The persons liable are the following:
Q: If the presence of a person is out of curiosity, is 1. Founders, directors and president of the
he liable? association
2. Mere members of the association.
A: No, since he does not have intent to commit
felony of illegal assembly. Q: What are the distinctions between illegal
assembly and illegal association?
Q: What is the criminal liability of the person
inciting them? A:
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION
A: The person inciting is liable for the crime of The basis of liability is The basis is the
inciting to rebellion or sedition. the gathering for an formation of or
illegal purpose which organization of an
Q: What is the gravamen of illegal assembly? constitutes a crime association to engage in
under the RPC. an unlawful purpose
A: The gravamen of illegal assembly is mere which is not limited to a
assembly of or gathering of people for illegal violation of the RPC.
purpose punishable by the RPC. Without gathering, Necessary that there is Not necessary that there
there is no illegal assembly. an actual meeting or be an actual meeting.
assembly.
Q: Who are persons liable for illegal assembly? Meeting and the Act of forming or
attendance at such organizing and
A: They are: meeting are the acts membership in the
1. Organizers or leaders of the meeting
punished. association are the acts
2. Persons merely present at the meeting punished.
Q: Suppose the illegal purpose for the gathering is
for the commission of a crime punishable under
special laws, is illegal assembly committed?
A: No. If the unlawful purpose is a crime under a
special law, there is no illegal assembly. The crime
committed would be illegal association.
Illegal Associations
Art. 147
Q: What are illegal associations?
A: They are:
1. Associations totally or partially organized
for the purpose of committing any of the
crimes punishable under the Code.
2. Associations totally or partially organized
for some purpose contrary to public
morals.
Q: Define public morals under this article.
A: Public morals refer to matters which affect the
interest of society and public inconvenience and are
120 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
ASSAULT UPON, AND RESISTANCE AND 1. Offender (a) makes an attack, (b) employs
DISOBEDIENCE TO, PERSONS IN AUTHORITY AND force, (c) makes a serious intimidation, or (d)
THEIR AGENTS makes a serious resistance.
2. Person assaulted is a person in authority or his
Direct Assaults agent.
Art. 148 3. That at the time of the assault the person in
authority or his agent (a) is engaged in the
Q: How is direct assault committed? performance of official duties, or that he is
assaulted (b) on occasion of such performance
A: There are two ways of committing the crime of 4. The offender knows that the one he is
direct assault: assaulting is a person in authority or his agent
1. Without public uprising, by employing in the exercise of his duties
force or intimidation for the attainment 5. There is no public uprising.
of any of the purposes enumerated in
defining the crimes of rebellion and Q: What does on occasion of the performance of
sedition. official duties mean?
2. Without public uprising, by attacking, by
employing force or by seriously A: It means that the assault was made because or
intimidating or by seriously resisting any by reason of the past performance of official duties
person in authority or any of his agents, even if at the very time of the assault no official
while engaged in the performance of duty was being discharged. (Justo v. Court of
official duties, or on the occasion of such Appeals, 99 Phil 453)
performance.
Note: In this form, there is a need to determine the
Q: What are the elements of the first form? reason why a person in authority or his agent was
attacked. If the attack was made by reason of the past
performance of official duties of the person in
A:
authority or his agent, the accused is liable for direct
1. Offender employs force or intimidation;
assault. If the attack was made by reason of revenge,
2. The aim of the offender is to attain any of the then the accused shall not be liable under this article,
purposes of the crime of rebellion or any of but for physical injuries.
the objects of the crime of sedition.
3. There is no public uprising. If the attack was done while the person in authority or
his agent is engaged in the actual performance of
Q: As the town president failed to pay their official functions, the crime is always direct assault.
salaries, the defendant, accompanied by four
armed men, went to the house of the former and Q: What are considered as not in actual
compelled him by force to leave it and go to the performance of official duties?
Presidencia. He kept him there confined until the
relatives of the town president had raised enough A:
money to pay what was due them as salaries. 1. When the person in authority or the agent of a
What crime did the accused commit? person in authority exceeds his powers or acts
without authority
A: The facts constitute the crime of direct assault. 2. Unnecessary use of force or violence
There is no public uprising when the accused, 3. Descended to matters which are private in
accompanied by armed men, compelled by force nature
the town president to go with them to proceed to
the municipal building and detained him there. By Q: What are the two kinds of direct assault of the
reason of detaining the town president, he inflicted second form?
upon a public officer an act of hate or revenge. This
is one of the objects of sedition, which is essentially A: They are:
what the accused intended to attain (U.S. vs. Dirain, 1. Simple assault, and
G.R. No. 1948, 1905). 2. Qualified assault
Q: What are the elements of the second form? Q: How is direct assault qualified?
A: A: Direct assault is qualified when
1. Assault is committed with a weapon; or
2. The offender is a public officer or and security of life and property, such as barrio
employee; or councilman, barrio policeman, barangay leader and
3. Offender lays hands upon a person in any person who comes to the aid of persons in
authority. authority.
Q: When the policemen effected the arrest of the In applying the provisions of Articles 148 and 151 of
accused, he approached them and hit one of them the Rev. Penal Code, teachers, professors and
in the breast with his hand or fist, at which instant persons charged with the supervision of public or
the policeman seized him by the wrist and duly recognized private schools, colleges and
resistance ceased. Is the accused guilty of direct universities, and lawyers in the actual performance
assault? of their professional duties or on the occasion of
such performance, shall be deemed persons in
A: No, as when the offended party is agent of authority. (2000 Bar Question)
person in authority, any force or aggression is not
sufficient constitute to an assault. To come within Q: Can the crime of direct assault be complexed
the purview of Article 148, the force used against with the material consequence of the unlawful
the agent of a person in authority must be of act?
serious character than that employed in this case.
Logic tells us that resistance is impossible without A: Yes, as a rule, where the spirit of the contempt
force. (U.S. vs. Tabiana, G.R. No. L-11847, 1918). or lawlessness is present, it is always complexed
with the material consequences of the unlawful act.
Q: When the news that his carabao, which earlier If the unlawful act was murder or homicide
destroyed a planted area belonging to another, committed under circumstance of lawlessness or
was seized and taken to the police station reached contempt of authority, the crime would be direct
the accused, he confronted and protested to the assault with murder or homicide, as the case may
municipal president, who was then inspecting the be.
quarantine of the animals. The president, upon
hearing his protest, promised to intervene in the Q: When is an offense not complexed with direct
matter and to see whether the carabao could be assault ?
withdrawn. Upon hearing this, the accused
insulted the president and gave him a slap on the A: When the material consequence is a light felony,
face. What crime did the accused commit? that is, slight physical injury because the said
injuries are considered as an incident or a necessary
A: The accused committed direct assault upon a consequence of the force or violence inherent in all
person in authority. When the offended party is a kinds of assault.
person in authority, it is not necessary to ascertain
what force the law requires in order to constitute Q: Because of the approaching town fiesta in San
an assault since the law itself defines concretely this Miguel, Bulacan, a dance was held in Barangay
force in providing that it consists in mere laying Carinias. A, the Barangay Captain, was invited to
hands upon the person. The degree of force deliver a speech to start the dance. While A was
employed by the offender against the person in delivering his speech, B, one of the guests, went to
authority is immaterial as the law simply mentions the middle of the dance floor making obscene
the laying hands sufficient (U.S. vs. Gumban, G.R. dance movements, brandishing a knife and
No. L-13658, 1918). challenging everyone present to a fight. A
approached B and admonished him to keep quiet
Q: Who are deemed to be persons in authority and and not to disturb the dance and peace of the
agents of persons in authority? occasion. B, instead of heeding the advice of A,
stabbed the latter at his back twice when A turned
A: Persons in authority are those directly vested his back to proceed to the microphone to continue
with jurisdiction, whether as an individual or as a his speech. A fell to the ground and died. At the
member of some court or government corporation, time of the incident A was not armed. What crime
board, or commission. Barrio captains and barangay was committed? Explain.
chairmen are also deemed persons in authority.
A: The complex crime of direct assault with murder
Agents of persons in authority are persons who by was committed. Since A was stabbed at the back
direct provision of law or by election or by when he was not in a position to defend himself nor
appointment by competent authority, are charged retaliate, there was treachery in the stabbing.
with maintenance of public order, the protection Hence, the death caused by such stabbing was
122 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
1. A person in authority or his agent is engaged in A: No, as the defendants resistance is attributable
the performance of official duty or gives a to his belief that the policemen were actually
lawful order to the offender. bandits. In order to come within the purview of the
2. The offender resists or seriously disobeys such law, the offender must have knowledge that the
person in authority or his agent. person he is assaulting is an agent of or a person in
3. That the act of the offender is not included in authority. What the law contemplates is the
the provisions of Arts. 148, 149, and 150. punishment of persons for resistance of the
authorities who knew to be one. If the defendant
Q: What are the elements of simple obedience? believed that those who had entered his house
were, in fact, bandits, he was entirely justified in
A: calling his neighbors and making an attempt to
1. An agent of a person in authority is engaged in expel them from his premises (U.S. vs. Bautista,
the performance of official duty or gives a G.R. No. L-10678, 1915).
lawful order to the offender.
2. The offender disobeys such agent of a person Q: Distinguish resistance or serious disobedience
in authority. and direct assault.
3. Such disobedience is not of a serious nature.
RESISTANCE/ SERIOUS DIRECT ASSAULT
Q: After an unfavorable decision against the DISOBEDIENCE
defendant in an action filed against him by one Person in authority or his Person in authority or
Sabino Vayson in an action for recovery of land, agent must be in actual his agent must be
the deputy sheriff Cosmo Nonoy, by virtue of a performance of his engaged in the
writ, demanded from the defendant the delivery duties. performance of official
the possession of the said land to Vayson which duties or that he is
the former refuse to do so. By reason thereof, the assaulted by reason
provincial fiscal filed the Information against the thereof.
defendant for gross disobedience to authorities. Committed only by Committed by any of
Defendant filed a demurrer on the ground that the resisting or seriously the following:
facts do not constitute a crime, which the court disobeying a person in 1. Attacking.
sustained. Is the court correct in doing so? authority or his agent. 2. Employing force
3. Seriously
A: Yes, as the defendant did not disobey any order intimidating
of the justice of peace. The disobedience 4. Seriously resisting a
contemplated in Art. 151 consists in the failure or person in authority or
refusal of the offender to obey a direct order from his agent
the authority or his agent. Here, the order issued is The use of force is not so The attack or
a writ of execution, one that is addressed properly serious, as there is no employment of force
to a competent sheriff and not to the defendant. manifest intention to which give rise to the
Absolutely no order whatsoever is made to the defy the law and the crime of direct assault
latter; the writ or order in question in no wise officers enforcing it. must be serious and
refers to him. Hence, he could not commit the deliberate.
crime he was charged (U.S. v. Ramayrat, G.R. No. L-
6874, 1912). Q: What is the crime committed if the person who
was resisted is a person in authority and the
Q: Defendant appealed from the decision of the offender used force in such resistance?
lower court finding him guilty of assault upon
agents of authority when he resisted the arrest A: The use of any kind or degree of force will give
effected by them. The record shows that the rise to direct assault.
policeman entered the house of the defendant
without permission and attempted to arrest the Q: Suppose the offender did not use any force in
defendant without explaining to him the cause or resisting a person in authority, what crime is
nature of his presence there. Resisting the arrest, committed?
he called to his neighbours for help, there are
some bandits here and they are abusing me." A: The crime committed is resistance or serious
Based on the foregoing, is the defendant guilty of disobedience.
the crime of assault upon agents of authority?
Persons in Authority and Agents of Person in
Authority
124 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Art. 152
Note: The crime is qualified if disturbance or
Q: Who is a person in authority? interruption is of a tumultuous character.
A: Persons in authority are those directly vested 3. Making any outcry tending to incite
with jurisdiction, whether as an individual or as a rebellion or sedition in any meeting,
member of some court or government corporation, association or public place;
board, or commission. Barrio captains and barangay 4. Displaying placards or emblems which
chairmen are also deemed persons in authority. provoke a disturbance of public disorder
in such place;
Q: Enumerate the examples of persons in 5. Burying with pomp the body of a person
authority. who has been legally executed.
Note: Burying with pomp the body of a
A: The following are persons in authority:
person contemplates an ostentatious
1. Mayors
display of a burial as if the person legally
2. Division superintendent of school
executed is a hero.
3. Public and private school teachers
4. Provincial Fiscal Q: What is the essence of tumults and other
5. Judges disturbances?
6. Lawyers in actual performance of duties
7. Sangguniang Bayan member A: The essence of this crime is creating public
8. Barangay Chairman disorder. This crime is brought about by creating
9. Members of the Lupong Tagapamayapa serious disturbances in public places, public
buildings, and even in private places where public
Note: Items 7, 8, and 9 of the enumeration are added
functions or performances are being held.
by the LGC which expressly provides that said persons
shall be deemed as person(s) in authority in their
jurisdictions. (Sec. 388)
Q: When is the disturbance deemed tumultuous?
Q: Who is an agent of a person in authority (APA)? A: When it is caused by more than three persons
who are armed or provided with means of violence.
A: Any person who by direct provision of law or by
election or by appointment by competent authority Q: What does outcry mean?
is charged with the:
1. Maintenance of public order; and A: Outcry means to shout subversive or provocative
2. Protection and security of life and words tending to stir up the people to obtain by
property. means of force or violence any of the objects of
rebellion or sedition.
Note: Agents of persons in authority includes:
1. Barangay Kagawad Q: What is the difference between making any
2. Barangay Tanod outcry tending to incite sedition or rebellion (par.
3. Barangay Councilman 3 of Art. 153) and inciting to rebellion or sedition?
4. Any person who comes to the aid of persons
in authority. MAKING ANY OUTCRY INCITING TO SEDITION
TENDING TO INCITE OR REBELLION
Tumults and Other Disturbances of Public Disorder SEDITION OR
Art. 153 REBELLION
The meeting at the The meeting from the
Q: What are tumults and other disturbances of outset was legal, and beginning was unlawful.
public order? became a public
disorder only because of
A: They are: such outcry.
1. Causing any serious disturbance in a The outbursts which by The words uttered are
public place, office, or establishment; nature may tend to deliberately calculated
2. Interrupting or disturbing performances, incite rebellion or with malice,
functions or gatherings, or peaceful sedition are aforethought to incite
meetings, if the act is not included in Arts. spontaneous. others to rebellion or
131 and 132; sedition.
Q: Defendant Ladislao Bacolod fired a submachine do not bear the real printers name, or
gun during the town fiesta which wounded one which are classified as anonymous.
Consorcia Pasinio. The Information was filed
charging him of the crime of serious physical Note: R.A. 248 prohibits the reprinting reproduction,
injuries thru reckless imprudence with the CFI of republication of government publications and official
Cebu to which the defendant pleaded guilty. On documents without previous authority.
the same date, he was arraigned in another case
for having caused a public disturbance upon the Q: Is damage to the State necessary for the charge
same facts which constitute the same basis of the to prosper?
indictment for serious physical injuries. Counsel
for defendant moved to quash the second A: No, mere possibility to cause danger or damage
Information invoking double jeopardy, which the is sufficient.
trial court granted. Did the trial court err?
Alarms and Scandals
A: Yes, as there can be separate crimes of physical Art. 155
injuries thru reckless imprudence and tumultuous
disturbance caused by the single act of firing a Q: What are the acts punished as alarms and
submachine gun. The protection against double scandals?
jeopardy is only for the same offense. While both
Informations have one common element, i.e. A: They are:
defendant having fired a submachine gun, the two 1. Discharging any firearm, rocket,
do not describe the same offense: one charged him firecracker, or other explosive within any
with physical injuries inflicted thru reckless town or public place, calculated to cause
imprudence punished under Art. 263 of the Revised (which produces) alarm or danger.
Penal Code and the second accuses him of having
deliberately fired the machine gun to cause a Note: The discharge may be in ones home
disturbance in the festivity or gathering, thereby since the law does not distinguish as to
producing panic among the people present therein, where in town. The discharge of firearms
referring to Art. 153. Conviction for the first does and rockets during town fiestas and festivals
not bar trial for the second (People v. Bacolod, G.R. are not covered by the law.
No. L-2578, 1951).
3. Instigating or taking an active part in any
Unlawful Use of Means of Publication and charivari or other disorderly meeting
Unlawful Utterances offensive to another or prejudicial to
Art. 154 public tranquility.
Note: The term charivari includes a
Q: What are acts punished as unlawful use of
medley of discordant voices, a mock of
means of publication and unlawful utterances?
serenade of discordant noises made on
kettles, tins, horns, etc., designed to annoy
A: They are: and insult (Reyes, 2008).
1. Publishing or causing to be published, by
means of printing, lithography or any 3. Disturbing the public peace while
other means of publication, as news any wandering about at night or while
false news which may endanger the engaged in any other nocturnal
public order, or cause damage to the amusements.
interest or credit of the State. 4. Causing any disturbance or scandal in
2. Encouraging disobedience to the law or to public places while intoxicated or
the constituted authorities or by praising, otherwise, provided Art. 153 is not
justifying or extolling any act punished by applicable.
law, by the same means or by words,
utterances or speeches.
3. Maliciously publishing or causing to be Q: What is the essence of the crime of alarms and
published any official resolution or scandals?
document without proper authority, or
before they have been published A: The essence of the crime is disturbance of public
officially. tranquility and public peace.
4. Printing, publishing or distributing books,
pamphlets, periodicals, or leaflets which
126 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Q: If a firearm is discharged, what are the crimes firearm calculated to cause alarm or danger to the
that may possibly arise? public, while the gravamen of the latter is the
discharge of a firearm against or at a certain
A: They are: person, without intent to kill (People v. Doriquez,
1. Alarms and scandals if the offender G.R. Nos. L-24444-45, 1968).
discharges a firearm in a public place but
the firearm is not pointed to a particular Delivering Prisoners from Jail
person when discharged. Art. 156
2. Illegal discharge of firearm if the firearm
was directed to a particular person who Q: What are the elements of this crime?
was not hit if intent to kill is not proved.
3. Attempted homicide or murder if the A:
person was hit and there is intent to kill. 1. There is a person confined in a jail or penal
4. Physical injuries if the person was hit and establishment.
injured but there was no intent to kill. 2. That the offender removes therefrom such
5. Grave coercion if the threat was directed, person, or helps the escape of such person.
immediate and serious and the person is
compelled or prevented to do something Note: Article 156 applies even if prisoner in hospital or
against his will. asylum as it is considered as an extension of the penal
institution (Reyes, citing Albert, p. 158).
Q: What offenses are possibly committed by
creating noise and annoyance? Q: How is this crime committed?
A: They are: A: Delivering prisoners from jail may be committed
1. Alarms and scandals if the disturbance in two ways:
affects the public in general (i.e. by 1. By removing a person confined in any jail
playing noisily during the wee hours in or penal establishment to take away a
the morning in the neighborhood). person from the place of his confinement,
2. Unjust vexation if the noise is directed to with or without the active compensation
a particular person or a family. of the person released.
2. By helping such a person to escape to
Q: Defendant was indicted before the CFI of Iloilo furnish that person with the material
for discharging a firearm at one Sixto Demaisip. He means such as a file, ladder, rope, etc.
then moved to dismiss the Information as he which greatly facilitate his escape (Alberto
claims the filing of Information for discharging of vs. Dela Cruz, G.R. No. L-31839, 1980).
firearm has placed him in peril of double jeopardy
as he had previously been charged with the Q: Does the person confined needs to be a
offense of alarm and scandal in a complaint filed in prisoner by final judgment?
the municipal court of Batad, Iloilo, upon the same
facts which constitute the basis of the indictment A: No. The person confined may also be a mere
for discharge of firearm. Is the defendant correct? detention prisoner.
A: No, becase for double jeopardy to attach there Q: Who may be the offender/s?
must be identity of offenses. It is evident that the
offense of discharge of firearm is not the crime of A:
alarm and scandal. Neither may it be asserted that 1. Usually, an outsider to the jail
every crime of discharge of firearm produces the 2. It may also be:
offense of alarm and scandal. Although the a. An employee of the penal establishment
indictment for alarm and scandal filed under article who does not have the custody of the
155(1) of the Revised Penal Code and the prisoner
information for discharge of firearm instituted b. A prisoner who helps the escape of
under article 258 of the same Code are closely another prisoner.
related in fact, they are definitely diverse in law.
Firstly, the two indictments do not describe the Q: What must the means employed by the
same felony - alarm and scandal is an offense offender be for him to be liable under this
against public order while discharge of firearm is a provision?
crime against persons. Secondly, the indispensable
element of the former crime is the discharge of a
A: The offender may use violence, intimidation or A: He is liable for the crime of evasion of service
bribery, in which case the penalty shall be higher. under Art. 157.
He may also use other means to remove the
prisoner from jail or help in the escape of such Evasion by Escaping During Term of Sentence
prisoner. Art. 157
Q: What does the qualifying circumstance of Q: What are the elements of this crime?
bribery under this Article contemplate?
A:
A: It refers to the offenders act of employing 1. Offender is a convict by final judgement.
bribery as a means of removing or delivering the 2. He is serving his sentence which consists in
prisoner from jail, and not the offenders act of deprivation of liberty.
receiving or agreeing to receive a bribe as a 3. He evades the service of his sentence by
consideration for committing the offense. escaping during the term of his sentence.
Q: What is the mitigating circumstance? Q: Define final judgement as used in this Article.
A: If it takes place outside the penal establishment A: The term final judgement employed in the
by taking the guards by surprise. Revised Penal Code means judgement beyond
recall. As long as a judgement has not become
Q: A, a detention prisoner, was taken to a hospital executory, it cannot be truthfully said that
for emergency medical treatment. His followers, defendant is definitely guilty of the felony charged
all of whom were armed, went to the hospital to against him (People v. Bayotas, G.R. No. 152007,
take him away or help him escape. The prison 1994). Further, Section 7 of Rule 16 of the Rules of
guards, seeing that they were outnumbered and Court likewise states that a judgement in a criminal
that resistance would endanger the lives of other case becomes final after the lapse of the period for
patients, deckled to allow the prisoner to be taken perfecting an appeal or when the sentence has
by his followers. What crime, if any, was been partially or totally satisfied or served, or the
committed by A's followers? Why? defendant has expressly waived in writing his right
to appeal (Reyes, 2008 ed., p. 839).
A: They are liable for delivering prisoner from jail
under Article 156 of the Revised Penal Code. The Q: Suppose the one who escaped is only a
crime is not only committed by removing the detention prisoner, what is his liability?
prisoner from an establishment that the prisoner is
confined in but also by helping said person to A: He does not incur liability from escaping.
escape by other means, such as by allowing the However, if such prisoner knows of the plot to
prisoner to be taken by those unauthorized to do remove him from jail and cooperates therein by
so, such as in the case at bar. (2002 Bar Question) escaping, he himself becomes liable for delivering
prisoners from jail as a principal by indispensable
Q: What is the difference between delivering the cooperation.
prisoners in jail and infidelity in the custody of
prisoners? Q: On appeal, defendant-appellant questions the
judgement rendered by the CFI of Manila finding
A: him guilty of evasion of service of sentence under
Delivering Prisoners from Infidelity in the Art. 157. Defendant maintains that Art. 157 apply
Jail Custody of Prisoners only in cases of imprisonment and not when the
The offender is not the sentence imposed upon was destierro, as in his
The offender is the
custodian of the prisoner case. Is the defendant correct?
custodian at the time
at the time of the
of the escape/removal
escape/removal A: No, the defendant is not correct. Art. 157 must
be understood to include not only deprivation of
Note: In both, the offender may be a public officer or a liberty by imprisonment but also by sentence of
private citizen. In both crimes, the person involved destierro. In the case of People vs. Samonte (57
may be a convict or a mere detention prisoner. Phil. 968), the Supreme Court held that "a person
under sentence of destierro is suffering deprivation
Q: What is the liability of the convicted prisoner of his liberty. And a person sentenced to suffer
who escaped? such penalty evades his service of sentence when
he enters the prohibited area specified in the
128 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
judgement of conviction (People v. Abilong, G.R. No. destierro during which he was not to enter the
L-1960, 1948). city. While serving sentence, Manny went to
Dagupan City to visit his mother. Later, he was
Q: Define escape for purposes of applying Art. arrested in Manila. Where should Manny be
157. prosecuted?
A: "Escape" in legal parlance and for purposes of A: Manny may be prosecuted in Manila or Dagupan
Article 157 of the RPC means unlawful departure of City. In the case of Parulan vs. Director of Prisons (L-
prisoner from the limits of his custody. Clearly, one 28519, 1968), the Court held that the crime of
who has not been committed and never brought to evasion of sentence under Article 157 of the
prison cannot be said to have escaped therefrom Revised Penal Code is a continuing crime. Hence,
(Del Castillo v. Torrecampo, G.R. No. 139033, 2002). the accused may be prosecuted by the court of
either province where any of the essential
Q: Petitioner Adelaida Tanega failed to appear on ingredients of the crime took place has. (1998 Bar
the day of the execution of her sentence. On the Question)
same day, respondent judge issued a warrant for
her arrest. She was never arrested. More than a Evasion on the Occasion of Disorders
year later, petitioner through counsel moved to Art. 158
quash the warrant of arrest, on the ground that
the penalty had prescribed. Petitioner claimed Q: What are the elements of this crime?
that she was convicted for a light offense and since
light offenses prescribe in one year, her penalty A:
had already prescribed. Is the motion meritorious? 1. Offender is a convict by final judgment who is
confined in a penal institution.
A: No, the penalty has not prescribed as she did not 2. There is disorder, which results from:
evade her service of sentence. For purpose of a. Conflagration
prescription of penalties, Art. 93 of the Revised b. Earthquake
Penal Code, which provides that the prescription of c. Explosion
penalties shall commence to run from the date d. Other similar catastrophe, or
when the culprit should evade the service of his e. Mutiny in which he has not participated.
sentence, must be understood in the light of Art. 3. Offender evades the service of his sentence by
157, as the concept of evasion of sentence is readily leaving the penal institution where he is
provided for in this Article. To come within the confined on the occasion of such disorder or
application of Art. 157, the culprit must evade ones during the mutiny.
service of sentence by escaping during the term of 4. Offender fails to give himself up to the
his sentence. This must be so for by the express authorities within forty-eight (48) hours
terms of the statute, a convict evades "service of his following the issuance of a proclamation by
sentence" by "escaping during the term of his the Chief Executive announcing the passing
imprisonment by reason of final judgment." Indeed, away of such calamity.
evasion of sentence is but another expression of
the term "jail breaking (Tanega v. Masakayan, G.R. Q: What is the basis of liability under Art. 158?
No. 141718, 2005).
A: Liability is based on the failure to return within
Q: What circumstances will qualify this offense? 48 hours after the passing of the calamity,
conflagration or mutiny had been announced and
A: If such evasion takes place by: not the leaving from the penal establishment.
1. Means of unlawful entry (must be read as
scaling/ climbing walls); Q: What does mutiny in this Article refer to?
2. Breaking doors, windows, gates, walls,
roofs or floors; A: The mutiny referred here involves subordinate
3. Using picklocks, false keys, disguise, personnel rising against the supervisor within the
deceit, violence or intimidation; or penal establishment. It is one of the causes which
4. Conniving with other convicts or may authorize a convict serving sentence in the
employees of the penal institution. penitentiary to leave the jail provided he has not
taken part in the mutiny. If one partakes in mutiny,
Q: Manny killed his wife under exceptional he will be liable for the offenses which he
circumstances and was sentenced by the Regional committed during the mutiny whether or not he
Trial Court of Dagupan City to suffer the penalty of returns. (People v. Padilla, G. R. No. 121917, 1997)
130 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
original sentence should the penalty or term the crime of murder, meting him the penalty of
remitted be higher than six years, is clearly death. On appeal to the Supreme Court, appellant
inapplicable in this case as the term remitted by the contend that the CFI erred in applying Article 160
pardon is 3 years, 7 months, and 8 days (People vs. of the RPC as it is applicable only when the new
Sanares, G.R. No. L-43499, 1936). crime which is committed by a person already
serving sentence is different from the crime for
Q: Distinguish violation of conditional pardon from which he is serving sentence. Is the defendant
evasion of service of sentence. correct?
A: A: No. The new offense need not be different or be
VIOLATION OF EVASION OF SERVICE of different character from that of the former
CONDITIONAL PARDON OF SENTENCE offense. The deduction of the appellant from the
It is not a public offense It is a public offense headnote of Article 160 of the word another is
for it does not cause separate and not called for. The language is plain and ambiguous.
harm or injury to the independent from any There is not the slightest intimation in the text of
right of another person other act. article 160 that said article applies only in cases
nor does it disturb public where the new offense is different in character
order. from the former offense for which the defendant is
serving the penalty. Hence, even if he is serving
Quasi-Recidivism sentence for homicide and was later found to be
Art. 160 guilty of murder, Article 160 applies (People v.
Yabut, G.R. No. 39085, 1933).
Q: What are the elements of this Article
Decree Codifying the Laws on Illegal / Unlawful
A: Possession, Manufacture, Dealing in, Acquisition
1. Offender was already convicted by final or Disposition, of Firearms, Ammunition or
judgement of one offense. Explosives (P.D. 1866, as amended by R.A. 8294) as
2. That he committed a new felony before an element of the crimes of Rebellion,
beginning to serve such sentence or while Insurrection, Sedition, or Attempted Coup dEtat
serving the same.
Note: If the unlawful manufacture, sale, acquisition,
Q: The CFI of Rizal found the defendants guilty of disposition or possession of firearms or ammunition or
the crime of murder and imposed upon them the instruments used or intended to be used in the
penalty of death by reason of the existence of manufacture of firearms or ammunition is in
furtherance of or incident to, or in connection with the
special aggravating circumstance of quasi-
crime of rebellion or insurrection, sedition, or
recidivism. On automatic review by the Supreme
attempted coup d'etat, such violation shall be
Court, the counsel of the defendants contends that
absorbed as an element of the crime of rebellion, or
the allegation of quasi-recidivism in the insurrection, sedition, or attempted coup d'etat. (Sec.
Information is ambiguous, as it fails to state 1, RA 8294)
whether the offenses for which the defendants
were serving sentence at the time of the Q: Should illegal possession was committed and at
commission of the crime charged were penalized the same time alarm and scandal with imposable
by the RPC, or by a special law. Is the argument of penalty of arresto menor, was likewise committed
the counsel correct? simultaneously, can there be a separate crime of
illegal possession of firearms?
A: No, it makes no difference, for purposes of the
effect quasi-recidivism, under Article 160 of the A: No. If lesser offenses were committed with the
Revised Penal Code, whether the crime for which use of unlicensed Firearm, the offender will no
an accused is serving sentence at the time of the longer be held liable for Illegal Possession of
commission of the offense charged, falls under said Firearm (People v. Walpan M. Ladjaalam, G.R. Nos.
Code or under a special law (People vs. Peralta, et. 136149-51. September 19, 2000).
al., G.R. No. L-15959, 1961). It is only the
subsequent crime committed which is required to Illegal possession of firearms can be prosecuted
be a felony under the Revised Penal Code only if there is no other crime committed. If the
unlicensed firearm was used to commit an offense,
Q: Defendant-appellant, while serving sentence then the accused can only be charged with the
for the crime of homicide, killed one Sabas Aseo, crime committed because the illegal possession of
for which the CFI of Manila found him guilty with firearm is absorbed in the crime committed.
132 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
134 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
3. That in case of uttering, he connived with the which is the illegal possession and use of false
forger or importer. treasury or bank notes and other instruments of
credit?
Q: What are the acts of forgery punished under
Art. 167? A: No. As held in People v. Digoro, possession of
false treasury or bank notes alone, without
A: anything more, is not a criminal offense. For it to
1. Forging instruments payable to order or constitute an offense under Article 168 of the RPC,
documents of credit not payable to bearer the possession must be with intent to use said false
2. Importing such false instruments treasury or bank notes. (Martinez and Dino v.
3. Uttering such false instruments in connivance People, ibid.)
with the forger or the importer
Note: But a person in possession of falsified document
Note: Connivance is not required in uttering if the and who makes use of the same is presumed to be the
utterer is the forger. material author of falsification.
Q: Does this article cover instruments or other How Forgery is Committed
documents of credit issued by a foreign Art. 169
government or bank?
Q: How is forgery committed?
A: Yes because the act punished includes that of
importing, without specifying the country or A:
government issuing them. 1. By giving to a treasury or bank note or any
instrument payable to bearer or to order
Q: What is the reason for punishing forgery? mentioned therein, the appearance of a true
and genuine document.
A: Forgery of currency is punished so as to maintain 2. By erasing, substituting, counterfeiting, or
the integrity of the currency and thus insure the altering by any means the figures, letters,
credit standing of the government and prevent the words, or sign contained therein.
imposition on the public and the government of
worthless notes or obligations. Q: What is the essence of forgery?
Illegal Possession and Use of False Treasury or A: The essence of forgery is giving a document the
Bank Notes and Other Instruments of Credit appearance of a true and genuine document.
Art. 168
Q: A received a treasury warrant, a check issued by
Q: What are the elements of Illegal Possession and the Government. It was originally made payable to
use of false treasury or bank notes and other B, or his order. A wrote Bs name on the back of
instruments of credit? said treasury warrant as if B had indorsed it, and
then presented it for payment. It was paid to
A: The elements of the crime charged for violation A. Was there forgery?
of said law are:
1. That any treasury or bank note or A: Yes, because when A wrote Bs name on the back
certificate or other obligation and security of the treasury warrant which was originally made
payable to bearer, or any instrument payable to B or his order, he converted, by such
payable to order or other document of supposed indorsement, the treasury warrant to one
credit not payable to bearer is forged or payable to bearer. It had the effect of erasing the
falsified by another person; phrase or his order upon the face of the warrant.
2. That the offender knows that any of the There was material alteration on a genuine
said instruments is forged or falsified; and document. (US vs. Solito, G.R. No. L-12546, August
3. That he either used or possessed with 25, 1917)
intent to use any of such forged or
falsified instruments. (Martinez and Dino Q: When is counterfeiting not forgery?
v. People, G.R. No. 194367, June 15,
2011) A: The subject of forgery should be treasury or bank
notes. If the subject of forgery were a document
Q: Is mere possession of false bank notes enough other than these, the crime would be falsification.
to consummate the crime under Art. 168 of RPC (Boado, 2008)
Examples:
FALSIFICATION OF LEGISLATIVE, PUBLIC, a. Bills of exchange
COMMERCIAL, AND PRIVATE DOCUMENTS, AND b. Letters of Credit
WIRELESS TELEGRAPH, AND TELEPHONE c. Checks
MESSAGES d. Quedans
e. Drafts
Q:What is a document? f. Bills of lading
A: It is any written instrument by which a right is Q: What are the five classes of falsification?
established or an obligation is extinguished, or
every deed or instrument executed by a person by A:
which some disposition or agreement is proved, 1. Falsification of legislative documents
evidenced or set forth. 2. Falsification of a document by a public officer,
employee or notary public
Q: What are the kinds of documents? 3. Falsification of public or official, or commercial
documents by a private individual
A: 4. Falsification of private document by any
1. Public document any instrument notarized by person
a notary public or competent public official 5. Falsification of wireless, telegraph and
with the solemnities required by law. telephone messages
Examples: Q: How is document falsified?
a. Civil service examination papers
b. Official receipt required by the A: A document is falsified by fabricating an
government to be issued upon inexistent document or by changing the contents of
receipt of money for public purposes an existing one through any of the 8 ways
c. Residence certificate enumerated under Art. 171.
d. Drivers license
Falsification of Legislative Documents
2. Official document any instrument issued by Art. 170
the government or its agents or officers having
authority to do so and the offices, which in Q: What are the elements?
accordance with their creation, they are
authorized to issue. A:
1. That there be a bill, resolution or ordinance
Example: Register of attorneys officially kept enacted or approved or pending approval by
by the Clerk of the Supreme Court in which it is either House of Legislature or any provincial
inscribed the name of each attorney admitted board or municipal council.
to the practice of law. 2. That the offender alters the same.
3. That he has no proper authority therefor.
Note: Public document is broader than the term 4. That the alteration has changed the meaning
official document. Before a document may be of the document.
considered official, it must first be public document. To
become an official document, there must be a law
Note: The act of falsification in legislative document is
which requires a public officer to issue or to render
limited to altering it which changes its meaning.
such document.
Q: Who may be the offender?
3. Private document every deed or instrument
by a private person without the intervention of
A: The offender is any person who has no proper
the notary public or of any other person legally
authority to make the alteration. He may be a
authorized, by which document some
private individual or a public officer.
disposition or agreement is proved, evidenced
or set forth.
Note: The offender must not be a public official
entrusted with the custody or possession of such
4. Commercial document any instrument document, otherwise Art. 171 will apply.
executed in accordance with the Code of
Commerce of any mercantile law containing
Falsification by Public Officer, Employee or Notary
disposition of commercial rights or obligations.
or Ecclessiastical Minister
136 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
138 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Q: Can falsification be committed by omission? Note: Mere falsification of private document is
not enough, two things are required:
A: Yes. a. He must have counterfeited the false
document.
Illustration b. He must have performed an
independent act which operates to the
An assistant bookkeeper who, having bought prejudice of a third person.
several articles for which he signed several
chits, intentionally did not record in his 3. Use of falsified document.
personal account most of the said chits and
destroyed them so that he could avoid paying Elements:
the amount thereof is guilty of falsification by a. In introducing in a judicial
omission (People v. Dizon, 47 Phil 350) proceeding
i. Offender knew that the
document was falsified by
Falsification by Private Individuals and Use of
another person
Falsified Documents
ii. The falsified document is in
Art. 172
Articles 171 or 172 (1 or 2)
iii. He introduced said document in
Q: What are the punishable acts and their evidence in a judicial
elements? proceeding
A: Note: Damage is not necessary in the
1. Falsification of public official or commercial crime of introducing in judicial proceeding
document by a private individual. a false document.
Elements: b. In use in any other transaction
a. Offender is a private individual or i. Offender knew that a document
public officer or employee who did was falsified by another person
not take advantage of his official ii. The false document is embraced
position in Art. 171 or 172 (1 or 2)
b. He committed any act of falsification iii. He used such document
c. The falsification is committed in a iv. The use caused damaged to
public, official, or commercial another or at least used with
document or letter of exchange intent to cause damage
Note: Under this par., damage is not essential. It Note: The user of the falsified document is deemed
is presumed. the author of the falsification if: (1) the use was so
closely connected in time with the falsification, and (2)
2. Falsification of private document by any the user had the capacity of falsifying the document.
person
Q: Is good faith a defense if a private individual
Elements: falsified a public document?
a. Offender committed any of the acts
of falsification except Art. 171 (7), A: Yes. There is no falsification of a public document
that is, issuing in an authenticated if the acts of the accused are consistent with good
form a document purporting to be a faith. Misstatements or erroneous assertion in a
copy of an original document when public document will not give rise to falsification as
no such original exists, or including in long as he acted in good faith and no one was
such a copy a statement contrary to, prejudiced by the alteration or error.
or different from that of the genuine
original Q: Should the document be an authentic official
b. Falsification was committed in any paper?
private document
c. Falsification caused damage to a A: No. It states that causing it to appear that
third party or at least the falsification persons have participated in any act or proceeding
was committed with intent to cause when they did not in fact participate, the
such damage document need not be an authentic official paper
since its simulation is the essence of falsification. be malice, and falsification through imprudence
So, also, the signatures appearing thereon need not implies lack of such intent or malice, there is no
necessarily be forged. such crime as falsification of private document
through negligence or reckless imprudence.
Q: When is damage required under this Article?
Q: Is there such crime as attempted/frustrated
A: falsification?
1. When a private document is falsified
2. When a falsified document is used in any A: Generally none. Falsification is consummated the
proceeding other than judicial moment the genuine document is altered of the
moment the false document is executed. However,
Q: Is there a complex crime of estafa through there may be a frustrated crime of falsification if
falsification of a private document? the falsification is imperfect (Reyes, 2008 citing
Cuello Calon)
A: None. The fraudulent gain obtained through
deceit in estafa, in the commission of which a Falsification of Wireless Telegraph and Telephone
private document was falsified is nothing more or Messages
less than the very damage caused by the Art. 173
falsification of such document. The proper crime to
be charged is estafa, if estafa can be committed Q: What are the punishable acts?
without falsification, such as when a private
document is falsified to conceal the A:
misappropriation of money in possession of the 1. Uttering fictitious wireless, telegraph or
offender, or when estafa was already telephone message.
consummated. If estafa cannot be committed 2. Falsifying wireless, telegraph or telephone
without falsification, then the crime is falsification message.
such as when the private document is falsified to
obtain the money which was later misappropriated. Elements of paragraph 1 and 2:
a. That the offender is an officer or
Q: What are the distinctions between falsification employee of the Government or an
of public document and private document? officer or employee of a private
corporation, engaged in the service
A: of sending or receiving wireless,
Falsification of Public Falsification of Private cable or telephone message.
Document Document b. That the offender commits any of
Aside from falsification, the following acts:
Mere falsification is prejudice to a third i. Uttering fictitious wireless,
enough person or intent to cable, telegraph or
cause it, is essential. telephone message; or
Can be complexed with ii. Falsifying wireless, cable,
other crimes if the act of There is no complex telegraph, or telephone
falsification was the crime of estafa through message.
necessary means in the falsification of a private
commission of such document. Hence, 3. Using such falsified message.
crimes, like estafa, theft, when one makes use of
or malversation. a private document, Elements:
which he falsified, to a. Offender knew that wireless, cable,
E.g. Malversation defraud another, there telegraph, or telephone message
through falsification of a results only one crime: was falsified by an officer or
public document; Estafa that of falsification of a employee of a private corporation,
through falsification of a private document. engaged in the service of sending or
public document. receiving wireless, cable or
telephone message
Q: Is there a falsification of private document b. He used such falsified dispatch
through reckless imprudence? c. The use resulted in the prejudice of a
third party or at least there was
A: No, since in falsification of private document, intent to cause such prejudice
there is at least intent to cause damage, there must
140 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
142 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
3. Said insignia, uniform, or dress is used publicly False Testimony against a Defendant
and improperly Art. 180
Q: Is it required that there be exact imitation of Q: What are the elements of false testimony
uniform to constitute illegal use of uniforms or against a defendant?
insignia?
A:
A: No. A colorable resemblance calculated to 1. There is a criminal proceeding
deceive the common run of people, not those 2. Offender testifies falsely under oath against
thoroughly familiar with every detail or accessory the defendant therein
thereof. (People vs. Romero, C.A. 58, O.G. 4402) 3. Offender who gives false testimony knows that
it is false
Q: Is the unauthorized use of ecclesiastical habit of 4. Defendant against whom the false testimony is
a religious order punishable under this article? given is either acquitted or convicted in a final
judgment
A: Yes
Note: Defendant must be sentenced to at least a
Q: What is meant by improper use of uniform or correctional penalty or a fine or shall have been
insignia? acquitted. Thus, if arresto mayor is imposed, Art.
180 is not applicable.
A: The use thereof by the offender is a public and
malicious use. (Regalado, 2007) It means that the Q: Is there false testimony even if the testimony is
offender has no right to use the uniform or insignia. not considered by the court?
FALSE TESTIMONY A: Yes, because what is being considered here is the
tendency of the testimony to establish or aggravate
Q: How is false testimony committed? the guilt of the accused and not the result that the
testimony may produce.
A: A false testimony is committed by a person who,
being under oath and required to testify as to the Q: How is the penalty imposed under this Article?
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say A: It depends upon the sentence of the defendant
something contrary to it. (Reyes, 2008) against whom the false testimony was given
Q: What are the three forms of false testimony? False Testimony Favorable to the Defendant
Art. 181
A: False testimony in: Q: What is essential in this crime?
1. Criminal Cases
2. Civil Cases A: Intent to favor the accused
3. Other Cases
Note: False testimony in favor of a defendant need not
Q: Can a false testimony be committed thru directly influence the decision of acquittal and it need
negligence? not benefit the defendant. The intent to favor
defendant is sufficient. (People vs. Reyes, C.A., 48 O.G.
A: No. False testimony requires a criminal intent 1837)
and cannot be committed thru negligence. It could
not be frustrated or attempted. Q: Is rectification made spontaneously after
realizing the mistake, a false testimony?
Q: What is the reason for punishing false
testimony? A: No.
A: Falsehood is always reprehensible; but it is Q: Can a defendant who falsely testified in his own
particularly odious when committed in a judicial behalf in a criminal case be guilty of false
proceeding, as it constitutes an imposition upon the testimony favorable to the defendant?
court and seriously exposes it to a miscarriage of
justice. A: Yes. It must not be forgotten that the right of an
accused to testify in his own behalf is secured to
him, not that he may be enabled to introduce false it was given in favor or against the accused in a
testimony into the record, but to enable him to criminal case?
spread upon the record the truth as to any matter
within his knowledge which will tend to establish A: The classification is significant in determining
his knowledge. Defendant is liable if he testifies in when the prescriptive period begins to run:
his favor by falsely imputing the crime to another 1. In Favor right after the witness testified
person. (U.S. v. Soliman, G.R. No. L-11555, January falsely, the prescriptive period
6, 1917) commences to run because the basis of
the penalty on the false witness is the
Note: The ruling in Soliman would only apply if the felony charged to the accused regardless
defendant voluntarily goes upon the witness stand and of whether the accused was acquitted or
falsely imputes to some other person the commission convicted or the trial has terminated.
of a grave offense. If he merely denies the commission 2. Against period will not begin to run as
of the crime or his participation therein, he should not long as the case has not been decided
be prosecuted for false testimony. (Reyes, 2008) with finality because the basis of the
penalty on the false witness is the
False Testimony in Civil Cases sentence on the accused testified against
Art. 182 it. When the accused is acquitted, there is
also a corresponding penalty on the false
Q: What are the elements of this crime? witness for his false testimony. (Boado,
2008)
A:
1. Testimony must be given in a civil case. False Testimony in Other Cases and Perjury in
2. It must relate to the issues presented in said Solemn Affirmation
case Art. 183
3. It must be false
4. It must be given by the defendant knowing the Q: What is perjury?
same to be false
5. It must be malicious and given with an intent A: Perjury is the willful and corrupt assertion of
to affect the issued presented in said case falsehood under oath or affirmation administered
by authority of law on a material matter.
Note: The criminal action of false testimony in civil
cases must be suspended when there is a pending Note: Perjury committed in prosecutions under special
determination of the falsity or truthfulness of the
laws, special proceedings, or under art. 180 where the
subject testimonies in the civil case. (Ark Travel Express
penalty is only arresto mayor and below, can be
v. Judge Abrogar, 410 SCRA 148, 2003)
proceeded against under this article. (Regalado, 2007)
Q: Does the false testimony given to a special Q: How is Perjury committed?
proceeding punishable under this article?
A:
A: No, Art. 182 applies only to ordinary or special 1. Falsely testifying under oath
civil actions and supplementary or ancillary 2. Making a false affidavit.
proceedings therein, and not to special proceedings
which are covered by Art. 183 (Regalado, 2007 Q: What are the elements of perjury?
citing U.S. vs. Gutierrez and People vs. Hernandez)
A:
Note: The basis of the penalty is the amount of the
1. Accused made a statement under oath or
controversy.
executed an affidavit upon a material matter
2. Statement or affidavit was made before a
Q: What is the crime committed if false testimony
competent officer, authorized to receive and
was given in a special proceeding (i.e. probate
administer oath
proceeding)?
3. In that statement or affidavit, the accused
made a willful and deliberate assertion of a
A: Perjury is committed if the false testimony is
falsehood
given in special proceedings
4. Sworn statement or affidavit containing the
falsity is required by law
Q: What is the effect on prescriptive period of the
classification of the false testimony as to whether
Note: The statement need not actually be required . It
is sufficient that it was authorized by law to be made
144 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
(People vs. Angangco, G.R. No. L-47693, October 12, Q: What is subornation of perjury?
1943)
A: It is committed by a person who knowingly and
Q: What is an oath? willfully procures another to swear falsely and he
witness suborned does testify under the
A: Oath is any form of attestation by which a person circumstances rendering him guilty of perjury.
signifies that he is bound in conscience to perform
an act faithfully and truthfully. Note: Subornation of perjury is not expressly penalized
in the RPC, but the person who induces another to
Q: What is Affidavit? commit a perjury may be punished under Art. 183, in
relation to Art. 17, as a principal by inducement to the
A: A sworn statement in writing; a declaration in crime of perjury while the one induced is liable as a
writing, made upon oath before an authorized principal by direct participation.
magistrate or officer
Offering False Testimony in Evidence
Q: Who is a competent person? Art. 184
A: a person who has a right to inquire into the Q: What are the elements of offering false
questions presented to him upon matters under his testimony in evidence?
jurisdiction
A:
Q: What is meant by material matter? 1. Offender offered in evidence a false witness or
false testimony
A: Material matter means the main fact which is the 2. He knew the witness or testimony was false
subject of the inquiry or any circumstance which 3. Offer was made in a judicial or official
tends to prove that fact, or any fact or circumstance proceeding
which tends to corroborate or strengthen the
testimony relative to the subject of inquiry, or Note: Art. 184 does not apply when the offender
which legitimately affects the credit of any witness induced a witness to testify falsely. It applies when the
who testifies. (U.S. vs. Estraa, G.R. No. 5751, offender knowingly presented a false witness, and the
September 6, 1910) latter testified falsely. The one offering the testimony
is liable under Art. 184 while the witness who testified
Q: What is the test to determine the materiality of is liable under Art. 180-183 depending on the
the matter? proceedings on which the testimony was offered and
for whose favor the false testimony was made.
A: The test is not whether the evidence was proper
to be admitted but whether if admitted it could Q: What is the penalty under this provision?
properly influence the result of the trial.
A: Penalty is that for false testimony if committed in
Q: What could be used as a defense? a judicial proceeding and the penalty is that for
perjury if committed in other official proceeding.
A: Good faith or lack of malice is a defense in
perjury. Mere assertion of falsehood is not enough FRAUDS
to amount to perjury. The assertion must be
deliberate and willful. Machinations in Public Auctions
Art. 185
Q: What are the distinctions between perjury and
false testimony? Q: What are the punishable acts and their
elements?
A:
Perjury False Testimony A:
Any willful and corrupt 1. Soliciting any gift or promise as a consideration
assertion of falsehood on for refraining from taking part in any public
Given in the course of a
material matter under auction.
judicial proceeding
oath and not given in
judicial proceedings Elements:
There is perjury even a. There is a public auction
during the preliminary Contemplates actual trial b. Offender solicits any gift or
investigation. compromise from any of the bidders
c. Such gift or promise is the Q: What are the punishable acts under this article?
consideration for his refraining from
taking part in that public auction A:
d. Offender has the intent to cause the 1. Combination to prevent free competition in
reduction of the price of the thing the market.
auctioned
Elements:
Note: It is not required that the person making a. Entering into any contract or
the proposal actually refrains from taking part in agreement or taking part in any
any auction. conspiracy or combination in the
form of a trust or otherwise
2. Attempting to cause bidders to stay away from b. In restraint of trade or commerce or
an auction by threats, gifts, promises or any to prevent by artificial means free
other artifice. competition in the market
Elements: 2. Monopoly to restrain free competition in the
a. There is a public auction market.
b. Offender attempts to cause the
bidders to stay away from that public Elements:
auction a. By monopolizing any merchandise or
c. It is done by threats, gifts, promises object of trade or commerce, or by
or any other artifice combining with any other person or
d. Offender has the intent to cause the persons to monopolize said
reduction of the price of the thing merchandise or object
auctioned b. In order to alter the prices thereof by
spreading false rumors or making
Note: Mere attempt to cause prospective use of any other artifice
bidders to stay away from the auction is c. To restrain free competition in the
sufficient to constitute an offense. The market
threat need not be effective nor the offer or
gift accepted.
3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
Monopolies and Combinations in Restraint of with any person to make transactions
Trade prejudicial to lawful commerce or to increase
Art. 186 the market price of merchandise.
Q: What is monopoly? Elements:
a. Manufacturer, producer, processor
A: It is a privilege or peculiar advantage vested in or importer of any merchandise or
one or more persons or companies, consisting in object of commerce
the exclusive right or power to carry on a particular b. Combines, conspires, or agrees with
article or control the sale or the whole supply of a any person
particular commodity. c. Purpose is to make transactions
prejudicial to lawful commerce or to
Q: What is combination in restraint of trade? increase the market price of any
merchandise or object of commerce
A: Combination in restraint of trade is an manufactured, produced, processed,
agreement or understanding between two or more assembled or imported into the
persons, in the form of contract, trust, pool, holding Philippines
company or other form of association, for the
purpose of unduly restricting competition, Note: Sec. 19, Art. XII, 1987 Constitution provides that
monopolizing trade and commerce in a certain The State shall regulate or prohibit monopolies when
commodity, controlling its production, distribution the public interest so requires. No combination in
and price, or otherwise interfering with freedom of restraint of trade or unfair competitions shall be
trade without authority. allowed
Note: Monopoly refers to end while combination in Q: What is unfair competition?
restraint of trade refers to means.
146 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
148 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
and no person shall use any name/s other than 14. Maintenance and Keeping of Original Records
his original or real name unless the same is or are of Transactions on Dangerous Drugs and/or
duly recorded in the proper local civil registry. Controlled Precursors and Essential Chemicals
(Section 17)
CRIMES RELATIVE TO OPIUM AND OTHER 15. Unnecessary Prescription of Dangerous Drugs
PROHIBITED DRUGS (Section 18)
16. Unlawful Prescription of Dangerous Drugs
The Comprehensive Dangerous Drugs Act of 2002 (Section 19)
(R.A. 9165)
Importation of Dangerous Drugs and/or Controlled
Q: What are classified as Dangerous Drugs? Precursors and Essential Chemicals (Sec.4)
A: Dangerous Drugs include those listed in the Any person, who, unless authorized by law, shall
Schedules annexed to the 1961 Single Convention import or bring into the Philippines any dangerous
on Narcotic Drugs, as amended by the 1972 drug, regardless of the quantity and purity involved,
Protocol, and in the Schedules annexed to the 1971 including any and all species of opium poppy or any
Single Convention on Psychotropic Substances part thereof or substances derived there from even
(Section 3 (j), R.A. 9165) for floral, decorative and culinary purposes.
Q: What are the punishable acts under this act? DRUG PUSHING
A: Sale, Trading, Administration, Dispensation,
1. Importation of Dangerous Drugs and/or Delivery, Distribution and Transportation of
Controlled Precursors and Essential Chemicals Dangerous Drugs and/or Controlled Precursors
(Section 4) and Essential Chemicals. (Sec.5)
2. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Q: Who are liable for drug pushing under Sec. 5 of
Dangerous Drugs and/or Controlled Precursors RA 9165?
and Essential Chemicals (Section 5)
3. Maintenance of a Den, Dive or Resort. (Section A:
6) 1. Financiers
4. Employees and Visitors of a Den, Dive or 2. Leaders and Organizers
Resort (Section 7) 3. The Protector or a Coddler.
5. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals Note: Law enforcement agents who do not arrest the
(Section 8) drug pushers or illegal possessors may be held liable as
6. Illegal Chemical Diversion of Controlled protectors or coddlers.
Precursors and Essential Chemicals. (Section 9)
7. Manufacture or Delivery of Equipment, Q: What are the elements of selling illegal drugs?
Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or A: Elements of the crime of selling illegal drugs are:
Controlled Precursors and Essential Chemicals. a) The identity of the buyer and seller,
(Section 10) b) the object and consideration; and
8. Possession of Dangerous Drugs (Section 11) c) the delivery of the thing sold and
9. Possession of Equipment, Instrument, payment thereof (People v.
Apparatus and Other Paraphernalia for Buenaventura, November 2011)
Dangerous Drugs (Section 12)
10. Possession of Dangerous Drugs During Parties, Note: Selling is any act of giving away any dangerous
Social Gatherings or Meetings (Section 13) drug and/or controlled precursor and essential
11. Possession of Equipment, Instrument, chemical whether for money or any other
consideration. (Sec.5)
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Q: What are the elements that must be proven in
Gatherings or Meetings (Section 14)
prosecuting illegal sale of dangerous drugs?
12. Use of Dangerous Drugs (Section 15)
13. Cultivation or Culture of Plants Classified as
A: In a prosecution for illegal sale of dangerous
Dangerous Drugs or are Sources Thereof.
drugs, the following elements must be proven:
(Section 16)
1. That the transaction or sale took place;
2. That the corpus delicti or the illicit drug 3. Visitor of den, dive or resort who is aware of
was presented as evidence; and the nature of the place as such and shall
3. That the buyer and seller were identified. knowingly visit the same
(People v Edgardo Fermin, G.R. No.
179344, August, 3, 2011) Note: If such den or dive is owned by a 3rd person, the
following is required:
Q: What is crucial to the prosecution for illegal sale a. That the criminal complaint shall allege that
of dangerous drugs? such place is intentionally used in the
furtherance of the crime
A: It is evidence of the transaction, as well as the b. That the prosecution shall prove such intent
presentation in court of the corpus delicti. (Reyes v on the part of the owner to use the property
for such purpose
People, G.R. No. 174980,
c. That the owner shall be included as an
August 31, 2011)
accused in the criminal complaint
Q: Petitioner was found guilty beyond reasonable
Manufacture of:
doubt of illegal sale of shabu. In the buy-bust
a. Dangerous Drugs and/or Controlled Precursors
operation, there is non-compliance by the police
and Essential Chemicals
with the directive of Section 11, Article 11 of R.A.
b. Equipment, Instrument, Apparatus, and Other
No. 9165. Will it invalidate the integrity of the
Paraphernalia for Dangerous Drugs and/or
seized items?
Controlled Precursors and Essential Chemicals
(Sec.8)
A: No. Non-compliance with those requirements
under justifiable grounds shall not render void and
Q: What does manufacturing include?
invalid the seizures as long as the integrity and the
evidentiary value of the seized items are properly
A: It is the:
preserved. (People vs. Asmad, G.R. No. 184808,
1. The production, preparation,
November 14, 2011)
compounding or processing of any
dangerous drug and/or controlled
Q: If the car is stationary, can there be
precursor and essential chemical, either
transportation of dangerous drugs?
directly or indirectly or by extraction from
substances of natural origin, or
A: No. Transport as used under the Dangerous
independently by means of chemical
Drugs Act is defined to mean: to carry or convey
synthesis or by a combination of
from one place to another. The essential element
extraction and chemical synthesis,
of the charge is the movement of the dangerous
2. And shall include any packaging or
drug from one place to another. Since the accused
repackaging of such substances, design or
was arrested inside a car, when the car was not in
configuration of its form, or labeling or
transit such that the car was parked and stationary,
relabeling of its container;
then there is no transportation. The conclusion that
3. Except preparation, compounding,
the accused transported the drugs merely because
packaging or labeling of a drug or other
he was in a motor vehicle when he was accosted
substances by a duly authorized
with the drugs has no basis and is mere
practitioner as an incident to his/her
speculation. It is the responsibility of the
administration or dispensation of such
prosecution to prove the element of transport of
drug or substance in the course of his/her
dangerous drugs, namely, that transportation had
professional practice including research,
taken place, or that the accused had moved the
teaching and chemical analysis of
drugs some distance. (San Juan y Cruz v. People,
dangerous drugs or such substances that
May 2011)
are not intended for sale or for any other
purpose. (Sec.8)
Maintenance of a Den, Dive or Resort (Sec.6)
Illegal Chemical Diversion of Controlled Precursors
Q: Who are liable?
and Essential Chemicals. (Section 9)
A:
Q: How is illegal chemical diversion committed?
1. Owner of den, dive or resort where any
dangerous drug is used or sold in any form
A: The offender illegally diverts any controlled
2. Employee of den dive or resort who is aware
precursor and essential chemical by selling,
of the nature of the place as such
distributing, supplying or transporting legitimately
150 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
imported, in transit, manufactured or procured illegal drug presented in court is the same illegal
controlled precursors and essential chemicals, in drug actually recovered from the accused-
diluted mixtures or in concentrated form to any appellant; otherwise, the prosecution for
person or entity engaged in the manufacture of any possession under Republic Act No. 9165 fails.
dangerous drug, and shall include packaging, (People v. Alcuizar, G.R. No. 189980, April 6, 2011)
repackaging, labeling, relabeling or concealment of
such transaction through fraud, destruction of Q: How can there be constructive possession
documents, fraudulent use of permits, under R.A. 9165?
misdeclaration, use of front companies or mail
fraud. A: While it is not necessary that the property to be
searched or seized should be owned by the person
Possession of: against whom the search warrant is issued, there
must be sufficient showing that the property is
a. Dangerous drugs (Sec. 11) under appellants control or possession.
b. Equipment, Instrument, Apparatus and Other Constructive possession exists when the drug is
Paraphernalia for Dangerous Drugs (Sec. 12) under the dominion and control of the accused or
c. Dangerous Drugs during Parties, Social when he has the right to exercise dominion and
Gatherings or Meetings (Sec. 13) control over the place where it is found. The
d. Equipment, Instrument, Apparatus and Other prosecution must prove that the accused had
Paraphernalia for Dangerous Drugs during Parties, knowledge of the existence and presence of the
Social Gatherings or Meetings (Sec. 14) drugs in the place under his control and dominion
and the character of the drugs. (Del Castillo v.
Q: What must be shown in prosecution of illegal People, G.R. No. 185128, January 30, 2012)
possession of dangerous drugs?
Q: If an accused was caught in possession of shabu
A: In the prosecution for illegal possession of and marijuana in one occasion, should he be
dangerous drugs, it must be shown that: charged with, and convicted of, one offense only?
1. The accused is in possession of an item or
an object identified to be a prohibited or A: Yes. The law do not address a case wherein an
a regulated drug; individual is caught in possession of different kinds
2. Such possession is not authorized by law; of dangerous drugs. However, it is a well-known
and rule of legal hermeneutics that penal or criminal
3. The accused freely and consciously laws are strictly construed against the State and
possessed the said drug. (People v liberally in favor of the accused. Thus, an accused
Vicente, G.R. No. 186387, August, 31, may only be convicted of a single offense of
possession of dangerous drugs if he or she was
2011)
caught in possession of different kinds of dangerous
drugs in a single occasion. If convicted, the higher
Note: The very act of throwing away the sachet, the
contents of which were later determined to
penalty shall be imposed, which is still lighter if the
be shabu, presupposes that accused-appellant had accused is convicted of two (2) offenses having two
prior possession of it. (Castro v People, G.R. No. (2) separate penalties. This interpretation is more
193379, August 15, 2011) in keeping with the intention of the legislators as
well as more favorable to the accused. (David v.
Q: What is the corpus delicti in the crime of illegal People, October 2011)
possession of dangerous drugs?
Use of dangerous drugs (Sec.15)
A: The dangerous drug itself, constitutes the very
corpus delicti of the offense and in sustaining a Note: Use is any act of injecting, intravenously or
conviction under Republic Act No. 9165, the intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or
identity and integrity of the corpus delicti must
otherwise introducing into the physiological system of
definitely be shown to have been preserved. This
the body, and of the dangerous drugs.
requirement necessarily arises from the illegal
drug's unique characteristic that renders it
Q: What are the elements of this crime?
indistinct, not readily identifiable, and easily open
to tampering, alteration or substitution either by
A:
accident or otherwise. Thus, to remove any doubt
1. The accused was apprehended for the use of
or uncertainty on the identity and integrity of the
dangerous drugs
seized drug, evidence must definitely show that the
2. He was found to be positive for use of any Q: If any of the acts punishable under this Act is
dangerous drugs committed by an alien, what additional penalty is
3. No other dangerous drug was found in his imposed?
possession.
A: After service of sentence, he shall be deported
Note: Where the person tested is also found to have in immediately without further proceedings
his possession any other dangerous drugs, s/he shall
be prosecuted in accordance with Sec. 11, for illegal Q: What are the accessory penalties imposed?
possession of dangerous drugs.
A: Civil interdiction , suspension of political rights
Cultivation or culture of plants classified as such as the right to vote and be voted for
Dangerous Drugs or are sources thereof (Sec. 16)
Q: What are the aggravating circumstances which
Q: What does cultivation mean in R.A. 9165? may be considered in prosecuting cases of
Dangerous Drugs?
A: Cultivation is any act of knowingly planting,
growing, raising, or permitting the planting, A:
growing or raising of any plant which is the source 1. If the importation or bringing into the
of a dangerous drug. Philippines of any dangerous drugs and/or
controlled precursor and essential chemicals
Maintenance and Keeping of Original Records of was done through the use of diplomatic
Transactions on Dangerous Drugs and/or passport, diplomatic facilities or any other
Controlled Precursors and Essential Chemicals means involving his/her official status
(Sec.17) intended to facilitate the unlawful entry of the
same. (Section 4, R.A. 9165)
Q: Who are liable? 2. The sale trading, administration, dispensation,
delivery, distribution or transportation of any
A: Any practitioner, manufacturer, wholesaler, dangerous drug and/or controlled precursor
importer, distributor, dealer or retailer who violates and essential chemical transpired within one
or fails to comply with the maintenance and hundred (100) meters from the School.
keeping of the original records of transactions on (Section 5, R.A. 9165)
any dangerous drug and/or controlled precursor 3. The drug pusher use minors or mentally
and essential chemical in accordance with Section incapacitated individuals as runners, couriers
40 of this Act. and messenger, or in any other capacity
directly connected to the dangerous drug
Unnecessary Prescription of Dangerous Drugs (Sec. and/or controlled precursor and essential
18) chemical trade. (Section 5, R.A. 9165)
4. The victim of the offense is a minor or
Q: Who are liable? mentally incapacitated individual, or should a
dangerous drug and/or controlled precursor
A: Any practitioner, who shall prescribe any and essential chemicals involved `in any
dangerous drug to any person whose physical or offense be the proximate cause of death of a
physiological condition does not require the use or victim. (Section 5, R.A. 9165)
in the dosage prescribed therein, as determined by 5. In case the clandestine laboratory is
the Board in consultation with recognized undertaken or established under the following
competent experts who are authorized circumstances:
representatives of professional organizations of a. Any phase of the manufacturing process
practitioners, particularly those who are involved in was conducted in the presence or with
the care of persons with severe pain. the help of minor/s
b. Any phase of manufacturing process was
Unlawful Prescription of Dangerous Drugs (Sec. 19) established or undertaken within one
hundred (100) meters of a residential,
Q: Who are liable? business, church or school premises.
c. Any clandestine laboratory was secured
A: Any person, who, unless authorized by law, shall or protected with booby traps.
make or issue a prescription or any other writing d. Any clandestine laboratory was concealed
purporting to be a prescription for any dangerous with legitimate business operations.
drug.
152 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
e. Any employment of a practitioner, The use of initials to mark the money used in a buy-
chemical engineer, public official or bust operation has been accepted by this Court.
foreigner. (Section 8, R.A. 9165) (People v. Amansec, G.R. No. 186131, December 14,
6. In case the person uses a minor or a mentally 2011)
incapacitated individual to deliver equipment,
instrument, apparatus and other paraphernalia Q: In buy-bust operation, is prior surveillance
use for dangerous drugs. (Section 10, R.A. necessary?
9165)
7. Any person found possessing any dangerous A: Prior surveillance is not a prerequisite for the
drug during a party, or a social gathering or validity of an entrapment or a buy-bust operation,
meeting, or in the proximate company of at there being no fixed or textbook method for
least two (2) persons. (Section 13, R.A. 9165) conducting one. It is enough that the elements of
8. Possession or having under his/her control any the crime are proven by credible witnesses and
equipment, instrument, apparatus and other other pieces of evidence. (People v. Villahermosa,
paraphernalia fit of intended for smoking, G.R. No. 186465 June 1, 2011)
consuming, administering, injecting, ingesting
or introducing any dangerous drug into the Q: Does the absence of coordination with PDEA
body, during parties, social gatherings or render the buy bust operation invalid?
meetings, or in the proximate company of at
least two (2) persons. (Section 14, R.A. 9165) A: No. In People v. Roa, this Court held that
coordination with the PDEA is not an indispensable
Q: What is the nature of a buy-bust operation? requirement before police authorities may carry
out a buy-bust operation. While it is true that
A: In People v. Sembrano citing People v. Section 86 of Republic Act No. 9165 requires the
Agulay, this Court held that a buy-bust operation is National Bureau of Investigation, PNP and the
a form of entrapment which in recent years has Bureau of Customs to maintain "close coordination
been accepted as a valid and effective mode of with the PDEA on all drug related matters," the
apprehending drug pushers. Moreover, in a buy- provision does not, by so saying, make PDEAs
bust operation, the violator is caught in flagrante participation a condition sine qua non for every
delicto and the police officers conducting the same buy-bust operation. After all, a buy-bust is just a
are not only authorized but also duty-bound to form of an in flagrante arrest. A buy-bust operation
apprehend the violator and consequently search is not invalidated by mere non-coordination with
him for anything that may have been part of or the PDEA. (People v. Islan, G.R. No. 185721,
used in the commission of the crime. (People v. Cruz September 28, 2011)
y Cruz, G.R. No. 187047, June 15, 2011)
Note: The Internal Rules and Regulations
Note: The delivery of the contraband to the poseur- implementing the law, is silent as to the
buyer and the receipt of the marked money consequences of the failure on the part of the law
consummate the buy-bust transaction between the enforcers to seek the authority of the PDEA prior to
entrapping officers and the accused. The presentation conducting a buy-bust operation. This silence cannot
in court of the corpus delicti the body or substance be interpreted as a legislative intent to make an arrest
of the crime establishes the fact that a crime has without the participation of PDEA illegal or evidence
actually been committed. (People v Edgardo Fermin, obtained pursuant to such an arrest inadmissible.
August, 2011) (People v. Sadablab, G.R. No. 186392, January 18, 2012
reiterating People v. Berdadero)
Q: What is the purpose of using ultra violet
powder? Q: Is presentation of the informant essential for
conviction under RA 9165?
A: The only purpose for treating with ultra-violet
powder the buy-bust money to be used in the A: No. The presentation of an informant in an illegal
actual buy-bust operation is for identification, that drugs case is not essential for the conviction nor is
is, to determine if there was receipt of the buy-bust it indispensable for a successful prosecution
money by the accused in exchange for the illegal because his testimony would be merely
drugs he was selling. (People v Islan, September corroborative and cumulative. The informants
2011) testimony is not needed if the sale of the illegal
drug has been adequately proven by the
Note: The failure of the police officers to use prosecution. In People v. Nicolas, the Court ruled
ultraviolet powder on the buy-bust money is not an that police authorities rarely, if ever, remove the
indication that the buy-bust operation was a sham. cloak of confidentiality with which they surround
their poseur-buyers and informers since their Q: What are the links that must be established in
usefulness will be over the moment they are the chain of custody in a buy-bust situation?
presented in court. Moreover, drug dealers do not
look kindly upon squealers and informants. It is A: In People v. Kamad, the Court acknowledged that
understandable why, as much as permitted, their the following links must be established in the chain
identities are kept secret. (People v. Amansec, G.R. of custody in a buy-bust situation:
No. 186131, December 14, 2011) 1. The seizure and marking, if practicable, of
the illegal drug recovered from the
Q: What is the objective test in proving buy-bust accused by the apprehending officer;
operation? 2. The turnover of the illegal drug seized by
the apprehending officer to the
A: In People v. Doria, the Court laid down the investigating officer;
objective test in determining the credibility of 3. The turnover by the investigating officer
prosecution witnesses regarding the conduct of of the illegal drug to the forensic chemist
buy-bust operations. It is the duty of the for laboratory examination; and
prosecution to present a complete picture detailing 4. The turnover and submission of the
the buy-bust operationfrom the initial contact marked illegal drug seized from the
between the poseur-buyer and the pusher, the forensic chemist to the court. (People v.
offer to purchase, the promise or payment of the Marcelino, G.R. No. 189325, June 15,
consideration until the consummation of the sale 2011)
by the delivery of the illegal drug subject of
sale. (People v. De la Cruz, G.R. No. 185717, June Q: What is the crucial stage in the chain of custody
8, 2011) under R.A. 9165?
Q: When is there a failure to establish corpus A: Crucial in proving chain of custody is the
delicti under RA 9165? marking of the seized drugs or other related items
immediately after they are seized from the accused.
A: It is settled that the State does not establish the Marking after seizure is the starting point in the
corpus delicti when the prohibited substance custodial link, thus, it is vital that the seized
subject of the prosecution is missing or when contraband are immediately marked because
substantial gaps in the chain of custody of the succeeding handlers of the specimens will use the
prohibited substance raise grave doubts about the markings as reference. The marking of the evidence
authenticity of the prohibited substance presented serves to separate the marked evidence from the
as evidence in court. Any gap renders the case for corpus of all other similar or related evidence from
the State less than complete in terms of proving the the time they are seized from the accused until they
guilt of the accused beyond reasonable doubt. are disposed of at the end of criminal proceedings,
(People v. Relato, G.R. No. 173794, January 18, obviating switching, "planting," or contamination of
2012) evidence. (People v. Mantalaba, G.R. No. 186227,
July 20, 2011)
Q: How is chain of custody defined?
Q: What is the meaning of marking?
A: Dangerous Drugs Board Regulation No. 1, Series
of 2002, which implements R.A. No. 9165, defines A: Marking means the placing by the
chain of custody as the duly recorded authorized apprehending officer or the poseur-buyer of his/her
movements and custody of seized drugs or initials and signature on the items seized. Long
controlled chemicals or plant sources of dangerous before Congress passed R.A. No. 9165, this Court
drugs or laboratory equipment of each stage, from has consistently held that failure of the authorities
the time of seizure/confiscation to receipt in the to immediately mark the seized drugs casts
forensic laboratory to safekeeping to presentation reasonable doubt on the authenticity of the corpus
in court for destruction. (People v Dela Cruz, G.R. delicti. Marking after seizure is the starting point in
No. 176350, August 10, 2011) the custodial link; hence, it is vital that the seized
contraband be immediately marked because
Note: Ideally, the custodial chain would include succeeding handlers of the specimens will use the
testimony about every link in the chain or movements markings as reference. (People v Dela Cruz, G.R. No.
of the illegal drug, from the moment of seizure until it 176350, August 10, 2011)
is finally adduced in evidence. (Castro v. People, G.R.
No. 193379, August 15, 2011) Note: In Sanchez, the Court explained that consistency
with the chain of custody rule requires that the
marking of the seized items be done:
154 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
1. In the presence of the apprehended is justifiable ground therefor, and as long as the
violator, and integrity and the evidentiary value of the
2. Immediately upon confiscation. confiscated/seized items, are properly preserved
by the apprehending officer/team. When will this
In People v. Manuel Resurreccion, 603 SCRA provision not apply?
510, it was ruled that marking upon
immediate confiscation does not exclude
A: If there were not merely trifling lapses in the
the possibility that marking can be at the
handling of the evidence taken from the accused
police station or office of the apprehending
but the prosecution could not even establish what
team. (People v Dela Cruz, G.R. No. 176350,
August 10, 2011)
procedure was followed by the arresting team to
ensure a proper chain of custody for the
Q: In whose presence must the seized items be confiscated prohibited drug. (People v. Ulat y
physically inventoried and photographed? Aguinaldo, G.R. No. 180504, October 5, 2011)
A: In the presence of the accused or the person/s Q: Is there a need for everyone who came into
from whom such items were confiscated and/or contact with the seized drugs to testify in court?
seized, or his/her
1. Representative or counsel, A: No. There is nothing in Republic Act No. 9165 or
2. A representative from the media and in its implementing rules, which requires each and
3. The Department of Justice (DOJ), and everyone who came into contact with the seized
4. Any elected public official who shall be drugs to testify in court. As long as the chain of
required to sign the copies of the custody of the seized drug was clearly established
inventory and be given a copy to have not been broken and the prosecution did
thereof (Tibagong v People, G.R. No. not fail to identify properly the drugs seized, it is
182178, August 15, 2011) not indispensable that each and every person who
came into possession of the drugs should take the
Q: In the crime of illegal possession of dangerous witness stand. (People v. Amansec, G.R. No.
drugs, is the failure of the policemen to make a 186131, December 14, 2011)
physical inventory and to photograph the two
plastic sachets containing shabu render the Attempt or Conspiracy, Effect on liability
confiscated items inadmissible in evidence?
Q: What is the effect of attempt or conspiracy on
A: No. In People v. Bralaan it was ruled that non- the criminal liability?
compliance by the apprehending/buy-bust team
with Section 21 is not fatal as long as there is A: The accused shall be penalized by the same
justifiable ground therefore, and as long as the penalty prescribed for the commission of the same
integrity and the evidentiary value of the as provided under:
confiscated/seized items, are properly preserved by 1. Importation of any dangerous drug
the apprehending officer/team. Its non-compliance and/or controlled precursor and essential
will not render an accuseds arrest illegal or the chemical
items seized/confiscated from him inadmissible. 2. Sale, trading, administration,
What is of utmost importance is the preservation of dispensation, delivery, distribution and
the integrity and the evidentiary value of the seized transportation of any dangerous drug
items, as the same would be utilized in the and/or controlled precursor and essential
determination of the guilt or innocence of the chemical
accused. (Imson v. People, G.R. No. 193003, July 13, 3. Maintenance of a den, dive or resort
2011) where any dangerous drug is used in any
form
Note: In cases of dangerous drugs, what is important 4. Manufacture of any dangerous drug
and necessary is for the prosecution to prove with and/or controlled precursor and essential
moral certainty that the dangerous drug presented in chemical
court as evidence against the accused be the same 5. Cultivation or culture of plants which are
item recovered from his possession. (People v. sources of dangerous drugs.
Bautista, G.R. No. 191266, June 6, 2011)
Q: Can conspiracy be appreciated in case of
Q: As a rule, non-compliance by the possession of dangerous drugs?
apprehending/buy-bust team with Section 21 of
Republic Act No. 9165 is not fatal as long as there
156 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES PUBLIC MORALS
158 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES PUBLIC MORALS
or solicitors of clients are guilty of the crime under A: All persons serving sentence for violation of the
Article 341 for white slavery. provisions of Article 202 of the Revised Penal Code
on Vagrancy prior to its amendment by this Act
Mendicancy Law of 1978 (P.D. 1563) shall be immediately released upon effectivity of
this Act: Provided, That they are not serving
Q: Who are liable under the Mendicancy Law or sentence or detained for any other offense or
P.D. 1563? felony.
A: Q: When was the law approved?
1. Mendicant one who has no visible and legal
means of support, or lawful employment and A: March 27, 2012. It shall take effect fifteen (15)
who is physically able to work but neglects to days after its publication in the Official Gazette or in
apply himself to some lawful calling and at least two (2) newspapers of general circulation.
instead uses begging as means of living.
2. Any person who abets mendicancy by giving Q: If a person is charged with mendicancy, can he
alms directly to mendicants, exploited infants, invoke the provisions of this law?
and minors on public roads, sidewalks, parks
and bridges. A: No. R.A. 10158 specifically refers to
decriminalizing vagrancy. Moreover, a mendicant
differs from a vagrant since in mendicancy, it is
An Act Decriminalizing Vagrancy, Amending for
this Purpose Article 202 of Act No. 3815, as essential that the accused uses begging as a means
of living, unlike vagrants who merely neglects a
Amended, otherwise known as the Revised Penal
lawful calling even if he has the physical ability to
Code (R.A. 10158)
work, irrespective of whether he has a means of
living (through begging) or none.
Q: What is the effect of the new law?
A: Vagrancy is no longer a crime. Under Art. 202,
only prostitutes can be punished. R.A. 10158 has
already decriminalized vagrancy and amended Art.
202 as follows:
Article 202. Prostitutes; Penalty. For
the purposes of this article, women who,
for money or profit, habitually indulge in
sexual intercourse or lascivious conduct,
are deemed to be prostitutes.
Any person found guilty of any of the
offenses covered by this article shall be
punished by arresto menor or a fine not
exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its
medium period to prision correctional in
its minimum period or a fine ranging from
200 to 2,000 pesos, or both, in the
discretion of the court.
Q: What is the effect of the law on pending cases?
A: All pending cases under the provisions of Article
202 of the Revised Penal Code on Vagrancy prior to
its amendment by this Act shall be dismissed upon
the effectivity of this Act.
Q: What is the effect of the law on Convicted
Persons?
160 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
Note: If the delay is not malicious, but committed A: Yes, because a Barangay Chairman is expressly
through gross negligence, the crime committed is authorized by law to prosecute violators of laws
that under R.A. 3019, Sec. 3(e). within their jurisdiction. If he does not do so, he can
be prosecuted for dereliction of duty.
Prosecution of Offenses; Negligence and Tolerance
Art. 208 Q: If a police officer tolerates the commission of a
crime or otherwise refrains from apprehending the
Q: What are the punishable acts? offender, is he liable for dereliction of duty?
A: A: No. Such police officer does not have the duty to
1. Maliciously refraining from instituting prosecute or to move the prosecution of the
prosecution against violators of law. offender. It is the Chief of police which has the duty
2. Maliciously tolerating the commission of to do so. He can however be prosecuted as follows:
offenses. 1. An accessory to the crime committed by
the principal in accordance with Article
Q: What are the elements of dereliction of duty in 19, paragraph 3; or
the prosecution of offenses? 2. He may become a fence if the crime
committed is robbery or theft, in which
A: case he violates the Anti-Fencing Law; or
1. Offender is a public officer or officer of the law 3. He may be held liable for violating the
who has a duty to cause the prosecution of, or Anti-Graft and Corrupt Practices Act.
to prosecute, offenses;
2. There is dereliction of the duties of his office, Note: Officers, agents or employees of the Bureau of
that is, knowing the commission of the crime, Internal Revenue are not covered by this article as
he does not cause the prosecution of the well.
criminal, or knowing that a crime is about to
be committed, he tolerates its commission; Betrayal of Trust by an Attorney or Solicitor
Betrayal of Secrets
Note: Dereliction of duty caused by poor Art. 209
judgment or honest mistake is not punishable.
Q: What are the punishable acts?
3. Offender acts with malice and deliberate
intent to favor the violator of the law. A:
1. Causing damage to his client, either:
Q: Who can be the offenders under this article? a. by any malicious breach of professional
duty;
A: b. by inexcusable negligence or ignorance.
1. Public officer officers of the prosecution
department, whose duty is to institute criminal 2. Revealing any of the secrets of his client
proceedings for felonies upon being informed learned by him in his professional capacity.
of their perpetration.
2. Officer of the law those who are duty-bound Note: Damage is not necessary. The mere fact
to cause the prosecution and punishment of that a secret has been revealed is already
the offenders by reason of the position held by punishable.
them.
3. Undertaking the defense of the opposing party
Q: What is the liability of a public officer who, in the same case, without the consent of his
having the duty of prosecuting the offender, first client, after having undertaken the
harbored, concealed, or assisted in the escape of defense of said first client or after having
the latter? received confidential information from said
client.
A: He is a principal in the crime defined and
penalized in Art. 208. Such public officer is not Note: If the client consents to it, there is no
merely an accessory. crime.
Q: Can a Barangay Chairman be held liable for Illustration:
dereliction of duty?
The Code of Professional Responsibility
mandates lawyers to serve their clients with
162 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
competence and diligence. Rule 18.03 and permitted to represent a party in a case before an
Rule 18.04 state: Rule 18.03. A lawyer shall inferior court.
not neglect a legal matter entrusted to him,
and his negligence in connection therewith Note: There is no solicitor or procurador judicial under
shall render him liable; Rule 18.04. A lawyer the Rules of Court
shall keep the client informed of the status of
his case and shall respond within a reasonable Direct Bribery
time to the clients request for information. Art. 210
A lawyer breached these duties when he failed Q: How is the crime of bribery committed?
to reconstitute or turn over the records of the
case to his client. His negligence manifests lack A: Bribery is committed when a public officer
of competence and diligence required of every receives a gift, present, offer or promise, by reason
lawyer. His failure to comply with the request or in connection with the performance of his official
of his client was a gross betrayal of his duties. Bribery requires the concurrence of the will
fiduciary duty and a breach of the trust of the corruptor and the public officer otherwise
reposed upon him by his client. His sentiment the crime is not consummated (Boado, 2008)
against his client is not a valid reason for him
to renege on his obligation as a lawyer. The Note: Bribery refers to the act of the receiver. The act
moment he agreed to handle the case, he was of the giver is corruption of public official.
bound to give it his utmost attention, skill and
competence. Public interest requires that he Q: What are the punishable acts?
exert his best efforts and all his learning and
ability in defense of his clients cause. Those A:
who perform that duty with diligence and 1. Agreeing to perform or performing an act
candor not only safeguard the interests of the pertaining to the duties of the office which
client, but also serve the ends of justice. They constitutes a crime If the act or omission
do honor to the bar and help maintain the amounts to a crime, it is not necessary that the
communitys respect for the legal profession. corruptor should deliver the consideration or
(Patricio Gone vs. Atty. Macario Ga, A.C. No. the doing of the act. Mere promise is
7771, April 6, 2011) sufficient. The moment there is a meeting of
the minds, even without the delivery of the
Q: What is the rule with regard to communications consideration, even without the public officer
made with prospective clients? performing the act amounting to a crime,
bribery is already committed on the part of the
A: Under the rules on evidence, communications public officer. Corruption is already committed
made with prospective clients to a lawyer with a on the part of the supposed giver.
view to engaging his professional services are
already privileged even though client-lawyer 2. Accepting a gift in consideration of the
relationship did not eventually materialize because execution of an act which does not constitute a
the client cannot afford the fee being asked by the crime (but which must be unjust) If the act or
lawyer. omission does not amount to a crime, the
consideration must be delivered by the
Q: Are all information confided to counsel corruptor before a public officer can be
classified as privileged? prosecuted for bribery. Mere agreement is not
enough to constitute the crime because the
A: No. A distinction must be made between act to be done in the first place is legitimate or
confidential communications relating to past crimes in the performance of the official duties of the
already committed, and future crimes intended to public official.
be committed, by the client. It is admitted that the
announced intention of a client to commit a crime 3. Abstaining from the performance of official
is not included within the confidences which his duties.
attorney is bound to respect. (Boado, 2008)
Q: What are the elements of direct bribery?
Q: Who is a Procurador Judicial?
A:
A: A person who had some practical knowledge of 1. Offender is a public officer within the scope of
law and procedure, but not a lawyer, and was Article 203
2. Offender accepts an offer or promise or arrest the latter if he will not come across with
receives a gift or present by himself or through money, what crime is committed?
another
3. Such offer or promise be accepted, or gift or A: If the victim actually committed a crime and the
present received by the public officer - policeman demanded money so he will not be
a. With a view of committing some crime arrested, the crime is bribery. But if no crime has
b. In consideration of the execution of an act been committed and the policeman is falsely
which does not constitute a crime, but charging him of having committed one, threatening
the act must be unjust to arrest him if he will not come across with some
c. To refrain from doing something, which is consideration, the crime is robbery (Sandoval,
his official duty to do; 2010)
4. That act which the offender agrees to perform
or which he executes be connected with the Indirect Bribery
performance of his official duties. Art. 211
Note: There is no frustrated stage, for the reason that Q: What is indirect bribery?
if the corruption of the official is accomplished, the
crime is consummated.
A: It is the crime of any public officer who shall
accept gifts offered to him by reason of his office.
Q: Direct bribery is a crime involving moral
turpitude. From which of the elements of direct Note: If the public officer does not accept the gift, this
bribery can moral turpitude be inferred? crime is not committed but the offeror is guilty of
Corruption of Public Officials under Article 212.
A: Moral turpitude can be inferred from the third
element: The offender takes a gift with a view to Q: What are the elements of indirect bribery?
committing a crime in exchange.
A:
The fact that the offender agrees to accept a 1. Offender is a public officer
promise or gift and deliberately commits an unjust 2. He accepts gifts
act or refrains from performing an official duty in 3. Said gifts are offered to him by reason of his
exchange for some favors, denotes a malicious office
intent on the part of the offender to renege on the
duties which he owes his fellowmen and society in Note: The gift is given in anticipation of future favor
general. Also, the fact that the offender takes from the public officer.
advantage of his office and position is a betrayal of
the trust reposed on him by the public. It is a Q: Should there be a clear intention on the part of
conduct clearly contrary to the accepted rules of the public officer to take the gift offered?
right and duty, justice, honesty and good morals.
(Magno v. COMELEC, G.R. No. 147904, Oct. 4, 2002) A: Yes, and he should consider the property as his
(2011 Bar Question) own for that moment. Mere physical receipt
unaccompanied by any other sign, circumstance or
Q: Suppose the public official accepted the act to show such acceptance is not sufficient to
consideration and turned it over to his superior as convict the officer.
evidence of corruption, what is the crime
committed? Q: Compare direct bribery and indirect bribery.
A: The offense is attempted corruption only and not A:
frustrated. The official did not agree to be Direct Bribery Indirect Bribery
corrupted. Public Officer receives gift
There is agreement There is no agreement
Q: Is temporary performance of public function between the public between the public
sufficient to constitute a person a public officer? officer and the officer and the
corruptor. corruptor.
A: Yes. For the purpose of punishing bribery, the The public officer is The public officer is not
temporary performance of public functions is called upon to perform necessarily called upon
sufficient to constitute a person a public officer. or refrain from to perform any official
performing an official act. It is enough that he
Q: Supposed a law enforcer extorts money from a act. accepts the gifts offered
person, employing intimidation and threatening to
164 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
A: The essence of this crime is making the Q: Who may be liable for illegal exaction?
government pay for something not received or
making it pay more than what is due. A: Illegal exaction is usually committed by a public
officer charged with the duty to collect taxes,
Q: What are the elements of illegal exactions? license fees, import duties and other dues payable
to the government.
A:
1. Offender is a public officer entrusted with the Other Frauds
collection of taxes, licenses, fees and other Art. 214
imposts.
Q: What are the elements of this crime?
2. He is guilty of any of the following acts or
omissions: (Forms of Illegal Exactions) A:
1. Offender is a public officer
a. Demanding, directly or indirectly, the 2. He takes advantage of his official position
payment of sums different from or larger 3. He commits any of the frauds or deceits
that those authorized by law Mere enumerated in Articles 315-318
demand will consummate the crime, even
if the taxpayer shall refuse to come across Q: Which court has jurisdiction?
with the amount being demanded.
A: The RTC has jurisdiction over the offense
Note: It is not necessary that payment regardless of the amount or penalty involved,
demanded be larger than amount due the because the principal penalty is disqualification.
government it may be less than the amount
due to the government.
Prohibited Transactions
b. Failing voluntarily to issue a receipt as Art. 215
provided by law, for any sum of money
collected by him officially The act of Q: What are the elements of this crime?
receiving payment due to the government
without issuing a receipt will give rise to A:
illegal exaction even though a provisional 1. Offender is an appointive public officer
receipt has been issued. What the law 2. He becomes interested, directly or indirectly,
requires is a receipt in the form in any transaction of exchange or speculation
prescribed by law, which means official 3. Transaction takes place within the territory
receipt. subject to his jurisdiction
4. He becomes interested in the transaction
c. Collecting or receiving directly or during his incumbency
indirectly, by way of payment or
otherwise, things or objects of a nature Note: Actual fraud is not required for violation of
different from that provided by law Article 215. The act being punished is the possibility
Under the rules and regulations of the that fraud may be committed or that the officer may
place his own interest above that of the government.
government, payment of checks not
belonging to the taxpayer should not be
accepted to settle the obligation of a Possession of Prohibited Interest by a Public
taxpayer. Officer
Art. 216
XPN: If the check is a managers
check or a certified check. Q: Who are the persons liable under this article?
Q: What is the essence of the crime of illegal A:
exaction? 1. Public officer who, directly or indirectly,
became interested in any contract or business
A: The essence of the crime is not misappropriation in which it was his official duty to intervene.
of any of the amounts but the improper making of 2. Experts, arbitrators, and private accountants
the collection which would prejudice the who, in like manner, took part in any contract
accounting of collected amounts by the or transaction connected with the estate or
government.
166 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
A: No, somebody else may have misappropriated Note: Demand itself is not indispensable to constitute
the funds in question. It is enough that he has malversation. It merely raises a prima facie
violated the trust reposed on him in connection presumption that missing funds have been put to
with the property. personal use. (Morong Water District v. Office of the
Deputy Ombudsman, March 17, 2000 citing Nizurtada
Note: Malversation is predicated on the relationship of v. Sandiganbayan)
the offender to the property or funds involved. His
being remiss in the duty of safekeeping public funds Q: How can the presumption be rebutted?
violates the trust reposed by reason of the duties of his
office. A: The presumption could be overcome by
satisfactory evidence of loss or robbery committed
Q: Who is an accountable public officer? by a person other than the accused. (US. v. Kalingo,
46 Phil 651)
A: An accountable public officer, within the purview
of Article 217 of the Revised Penal Code, is one who Q: A revenue collection agent of BIR admitted his
has custody or control of public funds or property cash shortage on his collections to get even with
by reason of the duties of his office. The nature of the BIR which failed to promote him. A special
the duties of the public officer or employee, the arrangement was made between the BIR and the
fact that as part of his duties he received public agent wherein the BIR would withhold the salary
money for which he is bound to account and failed of the latter and apply the same to the shortage
to account for it, is the factor which determines incurred until full payment was made. Is the
whether or not malversation is committed by the collection agent guilty of the crime of malversation
accused public officer or employee. (Torres v. of funds?
People, G.R. No. 175074, August 31, 2011)
A: Yes. An accountable public officer may be
Q: When a public officer has no authority to convicted of malversation even if there is no direct
receive the money for the Government, and upon evidence of misappropriation and the only evidence
receipt of the same, he misappropriated it, can he is that there is a shortage in his accounts which he
be held liable for malversation? has not been able to satisfactorily explain. In the
present case, considering that the shortage was
A: No. If the public officer has no authority to duly proven, retaliation against the BIR for not
receive the money for the Government, the crime promoting him does not constitute a satisfactory or
committed is estafa, not malversation. (US v. Solis, reasonable explanation of his failure to account for
7 Phil 195) the missing amount. (Cua vs. People, G.R. No.
166847, November 16, 2011)
Q: What constitutes as a prima facie evidence of
malversation? Q: Is damage to the government necessary to
constitute malversation?
A: The failure of a public officer to have duly
forthcoming any public fund or property with which A: No. It is not an element of the offense. The
he is chargeable, upon demand by any duly penalty for malversation is based on the amount
authorized officer, shall be prima facie involved, not on the amount of the damage caused
evidence that he has put such missing funds or to the Government. (Reyes, 2008)
property to personal uses. (Candao v. People, G.R.
Nos. 186659-710, October 19, 2011) Q: Is deceit required to be proved in malversation?
Q: Does the law require that a written demand be A: No. Malversation may be committed either
formally made to constitute a prima facie through a positive act of misappropriation of public
presumption of malversation? funds or property, or passively through
negligence. To sustain a charge of malversation,
A: No. In US. v. Kalingo, 46 Phil 651, it was held that there must either be criminal intent or criminal
the failure of the accused who had custody of negligence, and while the prevailing facts of a case
public funds to refund the shortage upon demand may not show that deceit attended the commission
by the duly authorized offices constitutes prima of the offense, it will not preclude the reception of
facie evidence of malversation, notwithstanding the evidence to prove the existence of negligence
fact that such demand had been merely made because both are equally punishable under Article
verbally. 217 of the Revised Penal Code. (Torres v. People,
G.R. No. 175074, August 31, 2011)
168 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
A: No. The article does not require that there be a A: Instead of applying it to the public purpose for
demand that the public officer should render an which the fund or property was already
account. It is sufficient that there is a law or appropriated by law, the public officer applied it to
regulation requiring him to render account. (Reyes, another purpose.
2008)
Note: In the absence of a law or ordinance
Q: Does the accused need to commit appropriating the public fund allegedly technically
misappropriation to be liable under this Article? malversed, the use thereof for another public purpose
will not make the accused guilty of violation of Art 220
A: No. It is not essential that there be of the RPC. (Abdulla v. People, April 6, 2005)
misappropriation. If there is misappropriation, he
would also be liable for malversation under Art 217. Q: X appropriated the salary differentials of
(Reyes, 2008) secondary school teachers of the Sulu State
College contrary to the authorization issued by the
DBM. Can X be held liable for technical
Failure of a Responsible Public Officer to Render
malversation?
Accounts Before Leaving the Country
Art. 219
A: No. The third element is lacking. The
authorization given by DBM is not an ordinance or
Q: What are the elements of this crime?
law contemplated in Art. 220. (Abdulla v. People,
G.R. No. 150129, April 6, 2005)
A:
1. Offender is a public officer
Q: Suppose the application made proved to be
2. He must be an accountable officer for public
more beneficial to the public than the original
funds or property
purpose for which the amount or property is
3. He must have unlawfully left (or be on point of
appropriated, is there technical malversation?
leaving) the Philippines without securing from
the Commission on Audit a certificate showing
A: Yes, because damage is not an essential element
that his accounts have been finally settled
of technical malversation.
Q: If the act of leaving the country is authorized by
Q: Suppose the funds had been appropriated for a
law, can the public officer be convicted under this
particular public purpose, but the same was
Article?
applied to private purpose, what is the crime
committed?
A: No. The act of leaving the Philippines must not
be authorized or permitted by law to be liable
A: The crime committed is simple malversation
under this Article. (Reyes, 2008)
only.
Illegal Use of Public Funds or Property Q: What are the distinctions between technical
Art. 220 malversation and malversation?
Q: What are the elements of this crime? A:
Technical Malversation Malversation
A: Offenders are accountable public officers in both
1. Offender is a public officer crimes.
2. There is public fund or property under his Generally, the offender
administration Offender derives no
derives personal
3. Such public fund or property has been personal gain or benefit.
benefit.
appropriated by law or ordinance Public fund or property
4. He applies the same to a public use other than Conversion is for the
is diverted to another
that for which such fund or property has been personal interest of the
public use other than
appropriated by law or ordinance offender or of another
that provided for in the
person.
law.
Note: Illegal use of public funds or property is also
known as technical malversation.
Failure to Make Delivery of Public Funds or
Q: How is technical malversation committed? Property
Art. 221
170 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
Q: What are the punishable acts? A: No. To be a public officer, one must:
1. Take part in the performance of public
A: functions in the government, or in
1. Failing to make payment by a public officer performing in said government or in any
who is under obligation to make such payment of its branches public duties as an
from Government funds in his possession employee, agent or subordinate official,
2. Refusing to make delivery by a public officer or any rank or class; and
who has been ordered by competent authority 2. That his authority to take part in the
to deliver any property in his custody or under performance of public functions or to
his administration perform public duties must be by:
a. Direct provision of the law, or
Q: What are the elements of this crime? b. Popular election, or
c. Appointment by competent
A: authority. (Azarcon v.
1. That the public officer has government funds Sandiganbayan, G.R. No. 116033,
in his possession February 26, 1997)
2. That he is under obligation to make payments
from such funds INFIDELITY OF PUBLIC OFFICERS
3. That he fails to make payment maliciously
Conniving with or Consenting to Evasion
Officers Included in the Preceding Provisions Art. 223
Art. 222
Q: What are the elements of this crime?
Q: Who are the private individuals who may be
liable under Art.217-221? A:
1. Offender is a public officer
A: 2. He has in his custody or charge a prisoner,
1. Private individual who in any capacity either detention prisoner or prisoner by final
whatsoever, have charge of any national, judgment
provincial or municipal funds, revenue or 3. Such prisoner escaped from his custody
property 4. That he was in connivance with the prisoner in
2. Administrator, depository of funds or property the latters escape (U.S. v. Bandino, 29 Phil
attached, seized or deposited by public 459)
authority even if such property belongs to a
private individual Q: Is there a need that the convict has actually fled
3. Those who acted in conspiracy in malversation for the public officer to be liable under this
4. Accomplice and accessories to malversation Article?
Q: Does the word administrator include a judicial A: No. there is real and actual evasion of service of
administrator? sentence when the custodian permits the prisoner
to obtain relaxation of his imprisonment and to
A: No. The word administrator used does not escape the punishment of being deprived of his
include judicial administrator appointed to liberty, thus making the penalty ineffectual,
administer the estate of a deceased person because although the convict may not have fled. (US v.
he is not in charge of any property attached, Bandino, ibid.)
impounded or placed in deposit by public authority.
Conversion of effects in his trust makes him liable Q. Does releasing a prisoner for failure to comply
for estafa. within the time provided by Art. 125 exculpate
liability under this Article?
Q: AA was designated custodian of the distrained
property of JJ by the BIR. He assumed the specific A. Yes. Where the chief of police released the
undertakings which included the promise that he detention prisoners because he could not file a
will preserve the equipment. Subsequently, he complaint against them within the time fixed by
reported to the BIR that JJ surreptitiously took the Art. 125 due to the absence of the justice of the
distrained property. Did AA become a public peace, he is not guilty of infidelity in the custody of
officer by virtue of his designation as custodian of prisoners. (People v. Lancanan, 95 Phil 375)
distrained property by the BIR?
Evasion through Negligence
Art.224
A:
Q: What are the elements of this crime? 1. Offender is a private person
2. Conveyance or custody of prisoner or person
A: under arrest is confided to him
1. Offender is a public officer 3. Prisoner or person under arrest escapes
2. He is charged with the conveyance or custody 4. Offender consents to the escape of the
of a prisoner, either detention prisoner or prisoner or person under arrest or that the
prisoner by final judgment escape takes place through his negligence
3. Such prisoner escapes through his negligence
Note: This article is not applicable if a private person
Note: The fact that the public officer recaptured the was the one who made the arrest and he consented to
prisoner who escaped from his custody does not afford the escape of the person he arrested. (Reyes, 2008)
complete exculpation.
Q: How is the infidelity committed by private
Q: What is the gravamen of this offense? person?
A: It is the positive carelessness that is short of A: Under Article 225, infidelity can also be
deliberate non-performance of his duties as guard. committed by a private person to whom the
(People v. Reyes et al.C.A., 36 O.G. 316) prisoner was entrusted and he connived with the
prisoner (Art.223) or through his negligence (Art.
Q: The accused contended that his order to the 224) the prisoner was allowed to escape.
prisoner to keep close to him while he was
answering the telephone call was sufficient Note: If the escape was with consideration, bribery is
deemed committed in addition because he was
precaution? Is he correct?
performing a public function, hence is, at that
instance, deemed to be a public officer. (Boado, 2008)
A: No. The adequate precaution which should have
been taken up by him was to lock up the prisoner
before answering the telephone call (Remocal v. Removal, Concealment or Destruction of
People, 71 Phil 429) Document
Art. 226
Q: A policeman permitted a prisoner to answer a
call of nature in a hidden shed outside the Note: This crime is also called infidelity in the custody
building. The policeman remained near the of documents.
prisoner by the door. The prisoner escaped
through the back of the bath. Is the policeman Q: What are the elements of this crime?
liable under Art 224?
A:
A: No. Not every little mistake or distraction of a 1. The offender is a public officer
guard leading to prisoners taking advantage of a 2. He abstracts, destroys, or conceals documents
dilapidated building is negligence. He can be held or papers
administratively only (People v. Nava) 3. Said documents or papers should have been
entrusted to such public officer by reason of
Q: What is the liability of the escaping the his office
prisoner? 4. Damage, whether serious or not, to a third
party or to the public interest should have
A: been caused.
1. If the fugitive is serving his sentence by reason
of final judgment he is liable for evasion of Note: The document must be complete and one by
which a right can be established or an obligation could
the service of sentence under Art.157;
be extinguished.
2. If the fugitive is only a detention prisoner he
does not incur any criminal liability.
Q: What is the damage contemplated under this
Article
Escape of Prisoner Under the Custody of a Person
not a Public Officer A: The damage in this article may consist in mere
Art. 225 alarm to the public to the alienation of its
confidence in any branch of the government
Q: What are the elements of this crime? service. (Kataniag v. People, 74 Phil 45)
172 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
A: The mere breaking of the seal or the mere b. He knows of a secret by reason of his
opening of the document would already bring official capacity
about infidelity even though no damage has been c. He reveals such secret without
suffered by anyone or by the public at large. authority or justifiable reasons
d. Damage, great or small, is caused to
Q: What is the rationale for penalizing the act of the public interest
breaking the seal?
Note: The secrets referred to in this article are those
A: The act is being punished because the public which have an official or public character, the
officer, in breaking the seal or opening the revelation of which may prejudice public interest. They
envelope, violates the confidence or trust reposed refer to secrets relative to the administration of the
on him. government and not to secrets of private individuals.
Note: The public officer liable under this article 2. Wrongfully delivering papers or copies of
must be one who breaks seals without authority to papers of which he may have charge and
do so. (Reyes, 2008) which should not be published.
Elements:
Opening of Closed Documents
a. Offender is a public officer
Art. 228
b. He has charge of papers
c. Those papers should not be
Q: What are the elements of this crime?
published
d. He delivers those papers or copies
A:
thereof to a third person
1. Offender is a public officer
e. The delivery is wrongful
2. Any closed papers, documents or objects are
f. Damage is caused to public interest
entrusted to his custody
3. He opens or permits to be opened said closed Note: This article punishes minor official betrayals,
papers, documents or objects infidelities of little consequences affecting usually the
4. He does not have proper authority administration of justice, executive of official duties or
the general interest of the public order.
Note: Under Art 228, the closed documents must be
entrusted to the custody of the accused by reason of Q: When can the public officer be not liable under
his office. (People v. Lineses, C.A. 40 O.G., Supp. 14,
this Article?
4773)
A: If the public officer is merely entrusted with the
Q: Is there a need for damage under this Article?
papers but not with the custody of the papers, he is
not liable under this provision.
A: No. Art 228 does not require that there be
damage or intent to cause damage. (Reyes, 2008)
Q: Are military secrets or those affecting national
security covered in this article?
Q: Suppose in the opening of the closed
document, the public officer abstracted its
A: No, because military secrets or those affecting
contents, what crime/s is/are committed?
national interest are covered by the crime of
espionage.
A: The public officer is liable under Art. 228. He is
also liable for theft.
Q: What is the difference between Revelation of
Secrets by an Officer and Infidelity in the Custody
Revelation of Secrets by an Officer of Document/Papers by Removing the same?
Art. 229
A:
Q: What are the punishable acts? Infidelity in the Custody
Revelation of Secrets by of the
A: an Officer Documents/Papers by
1. Revealing any secrets known to the offending removing the same
public officer by reason of his official capacity. The papers contain The papers do not
secrets and therefore contain secrets but their
Elements: should not be published removal is for an illicit
a. Offender is a public officer and the public officer purpose.
174 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
is needed for public service, constitutes refusal of Hitting a prisoner by a latigo even if the
assistance. purpose is to instill discipline is not authorized
by law and constitutes violation of this article.
Note: Investigators and medico-legal officers who On the other hand, requiring prisoners to dig a
refuse to appear to testify in court after having been canal where culverts shall be placed to prevent
subpoenaed may also be held liable under this article. flooding in the prison compound is authorized
by law and does not violate this article; but if
Refusal to Discharge Elective Office the public officer would order the prisoner to
Art. 234 do so from morning up to late evening without
any food, then this article is involved, as he
Q: What are the elements of this crime? inflicted such authorized punishment in a cruel
and humiliating manner.
A:
1. Offender is elected by popular election to a Q: When a person is maltreated by a public officer
public office who has actual charge of prisoners, how many
2. He refuses to be sworn in or to discharge the crimes may be committed?
duties of said office
3. There is no legal motive for such refusal to be A: Two crimes are committed, namely
sworn in or to discharge the duties of said maltreatment under Art.235 and physical injuries.
office Maltreatment and physical injuries may not be
complexed because the law specified that the
Note: Discharge of duties becomes a matter of duty penalty for maltreatment shall be in addition to his
and not a right. liability for the physical injuries or damage caused.
Maltreatment of Prisoners Q: To what does maltreatment refer to?
Art. 235
A: Maltreatment refers not only in physical
Q: What are the elements of this crime? maltreatment but also moral, psychological, and
other kinds of maltreatment because of the phrase
A: physical injuries or damage caused and cruel or
1. Offender is a public officer or employee humiliating manner. (Boado 2008, p. 614)
2. He has under his charge a prisoner or
detention prisoner Q: Suppose the person maltreated is not a convict
or a detention prisoner, what crime is/or
Note: If the public officer is not charged with the committed?
custody of the prisoner, he is liable for physical
injuries. A: The crime committed would either be:
1. Coercion- if the person not yet confined in
3. He maltreats such prisoner either of the jail is maltreated to extort a confession, or
following manners: 2. Physical injuries- if the person maltreated
a. By overdoing himself in the correction or has already been arrested but is not yet
handling of a prisoner or detention booked in the office of the police and put
prisoner under his charge either: in jail.
i. By the imposition of punishments
not authorized by the regulations Illustration:
ii. By inflicting such punishments (those
authorized) in a cruel or humiliating If a Barangay Captain maltreats a person after
manner the latters arrest but before confinement, the
b. By maltreating such prisoner to extort a offense is not maltreatment but physical
confession or to obtain some information injuries. The victim must actually be confined
from the prisoner. either as a convict or a detention prisoner.
(People v. Baring, 37 O.G. 1366)
Note: The maltreatment should not be due to personal
grudge, otherwise, offender is liable for physical
injuries only.
Illustration:
176 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
A: For a person to be held liable, the following Note: The purpose of this article is to maintain the
elements must be present: independence of the judiciary.
1. That the offender is holding an office
under the Executive Branch of the Unlawful Appointments
Government. Art. 244
2. That he:
a. Assumes the power exclusively Q: What are the elements of this crime?
vested in the Judiciary; or
b. Obstructs the execution of any order A:
or decision given by a judge within 1. Offender is a public officer
his jurisdiction. 2. He nominates or appoints a person to a public
office
Note: Articles 239-241 punishes the usurpation of 3. Such person lacks the legal qualification
powers of the three branches of the Government in thereof
order to uphold the separation and independence of 4. Offender knows that his nominee or employee
the three equal branches. lacks the qualifications at the time he made
the nomination or appointment
Disobeying Request of Disqualification
Art. 242 Note: Nominate is different from recommend.
While nomination constitutes a crime, mere
Q: What are the elements of this crime? recommendation does not.
A: For a person to be held liable, the following Abuses against Chastity
elements must be present: Art. 245
1. That the offender is a public officer.
2. That a proceeding is pending before such Q: What are the elements of this crime?
public officer.
3. That there has been a question regarding A: For a person to be held liable, the following
the jurisdiction brought before the proper elements must be present:
authority. 1. That the offender is a public officer.
4. There is a question brought before the 2. That he solicits or makes any indecent or
proper authority regarding his immoral advances to a woman.
jurisdiction, which is yet to be decided 3. That the offended party is a woman who
is:
Note: The offender is still liable even if the
a. Interested in matters pending
question of jurisdiction has been resolved in
before the public officer for his
his favor later on.
decision or where the public
officer is required to submit a
5. He has been lawfully required to refrain
report or to consult with a
from continuing the proceeding
superior officer; or
6. He continues the proceeding
b. Under the custody of the
offender, who is a warden or
Orders or Requests by Executive Officers to Any
other public officer directly
Judicial Authority
charged with the care and
Art. 243 custody of prisoners or persons
under arrest; or
Q: What are the elements of this crime? c. The wife, daughter, sister or any
relative falling within the same
A: For a person to be held liable, the following degree of affinity of the person
elements must be present: under the custody and charge of
1. That the offender is an executive officer. the offender.
2. That the offender addresses any order or
suggestion to any judicial authority. Note: The mother of a person
3. That the order or suggestion relates to under the custody of any public
any case or business within the exclusive officer is not included as a
jurisdiction of the courts of justice. possible offended party but the
offender may be prosecuted
under the Section 28 of RA 3019
178 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
4. Accepting or having any member of his family public officer having acted on the
accept employment in a private enterprise matter pending before him
which has pending official business with him d. Such failure to act is for the purpose
during the pendency thereof or within one of:
year after its termination. i. Obtaining (directly or indirectly)
from any person interested in
Elements: the matter some pecuniary or
a. The public officer accepted, or material benefit or advantage,
having any of his family member ii. Favoring his own interest,
accept any employment in a private iii. Giving undue advantage in favor
enterprise of or discriminating against any
b. Such private enterprise has a other interested party.
pending official business with the
public officer Note: The neglect or delay of public function
c. It was accepted during: must be accompanied by an express or implied
i. The pendency thereof, or demand of any benefit or consideration for
ii. Within 1 year after its himself or another. Absent such demand, the
termination officer shall be merely administratively liable.
5. Causing any undue injury to any party, 7. Entering, on behalf of the Government, into
including the Government, or giving any any contract or transaction manifestly and
private party any unwarranted benefits, grossly disadvantageous to the same, whether
advantage or preference in the discharge of his or not the public officer profited or will profit
official administrative or judicial functions thereby.
through manifest partiality, evident bad faith
or gross inexcusable negligence. Elements:
a. Accused is a public officer
Elements: b. The public officer entered into a
a. The accused must be a public officer contract or transaction on behalf of
discharging administrative, judicial or the government
official functions c. Such contract or transaction is
b. He must have acted with manifest grossly and manifestly
partiality, evident bad faith or disadvantageous to the government.
inexcusable negligence (the threshold of the crime)
c. That his action caused:
i. Any undue injury to any party, 8. Directly or indirectly having financial or
including the government, or pecuniary interest in any business, contract or
ii. Giving any private party transaction in which he:
unwarranted benefits, a. Intervenes or takes part in his official
advantage or preference in the capacity; or
discharge of his functions.
Note: Intervention must be actual and in the
Note: Since bad faith is an element, good faith official capacity of the public officer.
and lack of malice is a valid defense.
b. Is prohibited by the constitution or by law
6. Neglecting or refusing, after due demand or from having any interest
request, without sufficient justification, to act
within a reasonable time on any matter 9. Directly or indirectly becoming interested, for
pending before him. personal gains, or having a material interest in
any transaction or act which:
Elements: a. Requires the approval of a board, panel or
a. Offender is a public officer group of which he is a member and which
b. Public officer neglected or refused to exercises discretion in such approval
act without sufficient justification b. Even if he votes against the same or does
after due demand or request has not participate in the action of the board,
been made on him committee, panel or group.
c. Reasonable time has elapsed from
such demand or request without the Note: Interest for personal gain shall be
presumed against those public officials
180 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
responsible for the approval of manifestly was a private party. (Ambil Jr. v. People, G.R. No.
unlawful, inequitable, or irregular transaction or 175457, July 6, 2011)
acts by the board, panel or group to which they
belong. Q: What is gross inexcusable negligence?
10. Knowingly approving or granting any license, A: Gross inexcusable negligence means that the
permit, privilege or benefit in favor of: public officer did not take any more into
a. Any person not qualified for or not legally consideration all other circumstances.
entitled to such license, permit, privilege
or benefit; or Q: What is evident bad faith?
b. A mere representative or dummy of one
who is not so qualified or entitled. A: Evident bad faith is something that is
tantamount to fraud or ill motivated or with furtive
11. a. Divulging valuable information of a: design. It connotes a manifest deliberate intent on
i. Confidential character the part of the accused to do wrong or cause
ii. Acquired by his office or by him on damage.
account of his official position to
unauthorized person Q: What does the term undue injury mean?
b. Releasing such information in advance of its
authorized released date. A: The term undue injury in the context of Section
3 (e) of the Anti-Graft and Corrupt Practices
Note: The ff. persons shall also be punished with the Act punishing the act of causing undue injury to
public officer and shall be permanently or temporarily any party, has a meaning akin to that civil law
disqualified, in the discretion of the Court, from concept of actual damage. (Guadines v.
transacting business in any form with the Government:
Sandiganbayan and People, G.R. No. 164891, June
1. Person giving the gift, present, share,
6, 2011)
percentage or benefit in par. 2 and 3.
2. Person offering or giving to the public officer
the employment mentioned in par. 4. Q: In violation of Section 3(e) of R.A. No. 3019,
3. Person urging the divulging or untimely causing any undue injury to any party, including
release of the confidential information in the Government; and giving any private party
par. 11. any unwarranted benefits, must both be present
to convict the accused of the said crime?
Q: Mayor Adalim was charged with murder. He
was transferred from the provincial jail and A: This Court has clarified that the use of the
detained him at the residence of Ambil, Jr. disjunctive word or connotes that either act of (a)
Considering that Section 3(e) of R.A. No. 3019 causing any undue injury to any party, including
punishes the giving by a public officer of the Government; and (b) giving any private party
unwarranted benefits to a private party, does the any unwarranted benefits, advantage or
fact that a Mayor was the recipient of such preference, qualifies as a violation of Section 3(e)
benefits take petitioners case beyond the ambit of R.A. No. 3019, as amended. The use of the
of said law? disjunctive or connotes that the two modes need
not be present at the same time. In other words,
A: No. In drafting the Anti-Graft Law, the lawmakers the presence of one would suffice for conviction.
opted to use private party rather than private (Alvarez v. People, G.R. No. 192591, June 29, 2011)
person to describe the recipient of the
unwarranted benefits, advantage or preference for Q: Is the proof of quantum of damage necessary to
a reason. A private person simply pertains to one prove the crime?
who is not a public officer while a private party is
more comprehensive in scope to mean either a A: The Court En Banc held in Fonacier v.
private person or a public officer acting in a private Sandiganbayan, 238 SCRA 655, that proof of the
capacity to protect his personal interest. When extent or quantum of damage is not essential. It is
Mayor Adalim was transferred from the provincial sufficient that the injury suffered or benefits
jail and detained him at Ambil, Jr.s residence, they received can be perceived to be substantial enough
accorded such privilege to Adalim, not in his official and not merely negligible. Under the second mode
capacity as a mayor, but as a detainee charged with of the crime defined in Section 3(e) of R.A. No. 3019
murder. Thus, for purposes of applying the therefore, damage is not required. In order to be
provisions of Section 3(e), R.A. No. 3019, Adalim found guilty under the second mode, it suffices that
the accused has given unjustified favor or benefit to
182 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
A: It is acquired by any combination or series of the Anti-Graft and Corrupt Practices Act and Code of
following means or similar schemes: Conduct and Ethical Standards for Public Officials and
1. Through misappropriation, conversion, Employees. It bears stressing that the predicate acts
misuse, or malversation of public funds or merely constitute acts of plunder and are not crimes
raids on the public treasury separate and independent of the crime of plunder.
2. By receiving, directly or indirectly, any (Serapio v. Sandiganbayan, G.R. No. 148468, Jan. 28,
2003)
commission, gift, share, percentage,
kickbacks or any/or entity in connection
with any government contract or project Q: Is the crime of plunder mala prohibita or mala
or by reason of the office or position of in se crime?
the public officer concerned
3. By the illegal or fraudulent conveyance or A: The legislative declaration in R.A. No. 7659 that
disposition of assets belonging to the plunder is a heinous offense implies that it is a
National government or any of its malum in se. For when the acts punished are
subdivisions, agencies or instrumentalities inherently immoral or inherently wrong, they are
or government-owned or controlled mala in se and it does not matter that such acts are
corporations and their subsidiaries punished in a special law, especially since in the
4. By obtaining, receiving or accepting case of plunder the predicate crimes are mainly
directly or indirectly any shares of stock, mala in se. Indeed, it would be absurd to treat
equity or any other form of interest or prosecutions for plunder as though they are mere
participation including the promise of prosecutions for violations of the Bouncing Check
future employment in any business Law (B.P. Blg. 22) or of an ordinance against
enterprise or undertaking jaywalking, without regard to the inherent
5. By establishing agricultural, industrial or wrongness of the acts. (Estrada v. Sandiganbayan,
commercial monopolies or other G.R. No. 148560, Nov. 2, 2001)
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests
6. By taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly enrich
himself or themselves at the expense and
to the damage and prejudice of the
Filipino people and the Republic of the
Philippines
Q: What is combination?
A: Combination refers to at least two different acts
in the above enumeration.
Q: What is series?
A: Series refers to at least 3 overt acts covered by
the enumeration.
Q: Is it necessary to prove each and every criminal
act done by the accused to commit the crime of
plunder?
A: No. It is sufficient to establish beyond reasonable
doubt a pattern of overt or criminal acts indicative
of the overall unlawful scheme or conspiracy.
Note: The said acts are mentioned only as predicate
acts of the crime of plunder and the allegations
relative thereto are not to be taken or to be
understood as allegations charging separate criminal
offenses punished under the Revised Penal Code, the
CRIMES AGAINST PERSONS Q: Suppose a husband, who wanted to kill his sick
wife, hired a killer. The hired killer shot the wife.
PARICIDE What are the crimes committed?
Art.246
A: The husband is liable for parricide as principal by
Q: What are the elements of this crime? inducement. The hired killer is liable for murder.
The personal relationship of the husband to wife
A: cannot be transferred to a stranger.
1. That a person is killed.
2. That the deceased is killed by the Q: How old should the child be?
accused.
3. That the deceased is the father, mother, A: The child killed by his parent must be at least
or child, whether legitimate or three days old. If the child is less than three days
illegitimate, or a legitimate other old, the crime is infanticide, which is punishable
ascendants or other descendant, or the under Art. 255.
legitimate spouse, of the accused.
Q: What are the distinctions between parricide
Note: The relationship, except the spouse, must be in and infanticide?
the direct line and not in the collateral line.
A:
Q: Suppose X killed his brother. What is the crime Parricide Infanticide
committed? 1. Its basis is the 1. The basis is the age of
relationship between the child-victim.
A: Murder, because brothers are not part of those the offender and the 2. Infanticide may be
enumerated under Art. 246. Their relation is in the victim. committed by any
collateral line and not as ascendants or descendants 2. It can be committed person whether
of each other. only by the relatives relative or not of the
enumerated. victim.
Q: What is the essential element of parricide? 3. Conspiracy cannot be 3. Conspiracy is
applied because applicable because
A: Relationship of the offender with the victim. relationship by the the circumstance of
offender and the age pertains to the
Q: If a person killed another not knowing that the victim is the essential victim; only one
latter was his son, will he be guilty of parricide? element. Separate information shall be
information must be prepared for all the
A: Yes. The law does not require knowledge of filed for the parricide conspirators.
relationship between them and the murder or 4. To conceal dishonour
homicide on the part committed by
Q: To constitute parricide of a spouse, what must of the non-relative pregnant woman or
be established? conspirator. maternal
4. To conceal dishonour grandparent is
A: There must be a valid subsisting marriage at the is not mitigating. mitigating.
time of the killing, and such fact should be alleged
in the Information. Death or Physical Injuries Inflicted under
Exceptional Circumstances
Q: Suppose a stranger conspires in the commission Art. 247
of the crime of parricide, what is his criminal
liability? Q: What are the requisites?
A: The stranger is liable for homicide or murder, as A:
the case may be, because of the absence of 1. A legally married person or a parent surprises
relationship. The rule on conspiracy that the act of his spouse or daughter, the latter under 18
one is the act of all does not apply here because of years of age and living with him, in the act of
the personal relationship of the offender to the committing sexual intercourse.
offended party. It is immaterial that he knew of the 2. He or she kills any or both of them or inflicts
relationship of the accused and the deceased. upon any or both of them any serious physical
injury in the act or immediately thereafter.
3. He has not promoted or facilitated the
184 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
prostitution of his wife or daughter, or that he where he saw his wife B having sexual intercourse
or she has not consented to the infidelity of with their neighbor C. A rushed inside and grabbed
the other spouse. C but the latter managed to wrest himself free and
jumped out of the window. A followed suit and
Note: There is no criminal liability when less serious or managed to catch C again and after a furious
slight physical injuries are inflicted. The presence of struggle, managed also to strangle him to death. A
the requisites enumerated above is an absolutory then rushed back to their bedroom where his wife
cause. B was cowering under the bed covers. Still
enraged, A hit B with fist blows and rendered her
Q: What are the two stages contemplated under unconscious. The police arrived after being
Art. 247? summoned by their neighbors and arrested A who
was detained, inquested and charged for the
A: death of C and serious physical injuries of B. (2001
1. When the offender surprised the other spouse Bar Question)
with a paramour or mistress. 1. Is A liable for Cs death? Why?
2. Is A liable for Bs injuries? Why?
Note: Surprise means to come upon suddenly or
unexpectedly. A:
1. Yes. A is liable for Cs death but under the
2. When the offender kills or inflicts serious exceptional circumstances in Art. 247 of
physical injury upon the other spouse and the RPC where only destierro is
paramour while in the act of intercourse, or prescribed. Article 247 governs since A
immediately thereafter, that is, after surprised his wife B in the act of having
surprising. sexual intercourse with C, and the killing
of C was immediately thereafter as the
Note: Immediately thereafter means that the discover, escape, pursuit and killing of C
discovery, escape, pursuit and the killing must all
form one continuous act. (US v. Vargas, 2
form parts of one continuous act.
Phil 194)
Q: Is it necessary that the spouse actually saw the
2. Likewise, A is liable for the serious
sexual intercourse?
physical injuries he inflicted on his wife
but under the same exceptional
A: No. It is enough that he/she surprised them
circumstances in Article 247 of the
under such circumstances that no other reasonable
Revised Penal Code for the same reason.
conclusion can be inferred but that a carnal act was
being performed or has just been committed.
Q: Must the parent be legitimate?
Illustration:
A: The law does not distinguish. It is not necessary
that the parent be legitimate.
A bar examinee, who killed the paramour of
his wife in a mahjong session, an hour after he
Q: Does this article apply even if the daughter is
had surprised them in the act of sexual
married?
intercourse in his house, since at that time, he
had to run away and get a gun as the
A: No, this article applies only when the daughter is
paramour was armed, was granted the
single because while under 18 years old and single,
benefits of this article. (People v. Abarca, G.R.
she is under parental authority. If she is married,
No. 74433, Sept.14, 1987)
her husband alone can claim the benefits of Art.
247.
Q: A and B are husband and wife. A is employed as
a security guard at Landmark, his shift being from
Q: When third persons are injured in the course of
11:00 p.m. to 7:00 a.m. One night, he felt sick and
the firing at the paramour, will the offending
cold, hence, he decided to go home around
spouse be free from criminal liability?
midnight after getting permission from his duty
officer. Upon reaching the front yard of his home,
A: No. Inflicting death or physical injuries under
he noticed that the light in the master bedroom
exceptional circumstances is not murder. The
was on and that the bedroom window was open.
offender cannot therefore be held liable for
Approaching the front door, he was surprised to
frustrated murder for the serious injuries suffered
hear sighs and giggles inside the bedroom. He
by third persons. It does not mean, however, that
opened the door very carefully and peeped inside
the offender is totally free from any responsibility. 6. With cruelty, by deliberately and
The offender can be held liable for serious physical inhumanly augmenting the suffering of
injuries through simple imprudence or negligence. the victim, or outraging or scoffing at his
person or corpse.
Murder
Art. 248 Note: In paragraphs 1,2,4,5 and 6, it is not
necessary that there is intent to kill.
Q: What are the elements of murder?
Q: What among the circumstances is applicable
A: only to murder?
1. That a person was killed
2. That the accused killed him A: Outraging or scoffing at the person or corpse of
3. That the killing was attended by any of the the victim. This is the only instance that does not
qualifying circumstances mentioned in Art. 248 fall under Art. 14 on aggravating circumstances in
4. That the killing is not parricide or infanticide general.
Q: What is murder? Q: Is dwelling/nocturnity qualifying circumstance?
A: Murder is the unlawful killing of any person A: No. Dwelling and nocturnity are not included in
which is not parricide or infanticide, provided that the enumeration of qualifying circumstances. But
any of the following circumstances is present: nocturnity or nighttime can be a method or form of
1. With treachery, taking advantage of treachery. In such case, it is treachery, not
superior strength, with the aid of armed nighttime that is qualifying.
men, or employing means to weaken the
defense, or of means or persons to insure Q: How many circumstances are necessary to
or afford impunity. qualify homicide to murder?
Note: If committed by a band, it is still A: Only one. If there is a second circumstance, it will
murder because of the circumstance of operate as a generic aggravating which will not
with the aid of armed men. affect the penalty because the maximum penalty of
death has been abolished by R.A. 9346.
2. In consideration of a price, reward or
promise. Q: What are the rules for the application of the
circumstances which qualify the killing to murder?
Note: If this aggravating circumstance is
present in the commission of the crime, it A:
affects not only the person who received the 1. That murder will exist with any of the
money or reward but also the person who circumstances.
gave it. 2. That when the other circumstances are
absorbed or included in one qualifying
3. By means of inundation, fire, poison, circumstance, they cannot be considered as
explosion, shipwreck, stranding on a generic aggravating.
vessel, derailment or assault upon a 3. That any of the qualifying circumstances
railroad, fall of an airship, by motor enumerated must be alleged in the
vehicles, or with the use of any other information.
means involving great waste and ruin.
Q: When is treachery present?
Note: If the primordial criminal intent is to
kill, and fire was only used as a means to do A: Treachery is present when the offender commits
so, it is murder. But if the primordial intent any of the crimes against persons, employing
is to destroy the property through fire and means, methods or forms in its execution which
incidentally somebody died, it is arson. tend directly and especially to ensure its execution,
without risk to himself or herself arising from any
4. On occasion of any of the calamities defense which the offended party might make.
enumerated in the preceding paragraph, (People v. Torres, Sr., G.R. No. 190317, August 22,
or of an earthquake, eruption of volcano, 2011)
destructive cyclone, epidemic, or other
public calamity Q: When does treachery exist in the crime of
5. With evident premeditation murder?
186 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
that there were two crimes committed A: Evidence to show intent to kill is important only
simultaneously and they were united in their efforts in attempted or frustrated homicide. If death
to escape from the crimes they separately resulted, intent to kill is conclusively presumed.
committed. (People v Bokingco and Col, G.R. No.
187536, August 10, 2011) Q: How can intent to kill be proved?
Q: Where the qualifying circumstances were not A: Evidence to prove intent to kill in crimes against
those proved in the trial, can the accused be persons may consist, inter alia, of
convicted of murder? 1. The means used by the malefactors;
2. The nature, location and number of
A: No, because any of the qualifying circumstances wounds sustained by the victim;
under Art. 248 is an ingredient of murder, not 3. The conduct of the malefactors before, at
merely qualifying circumstance. the time of, or immediately after the
killing of the victim;
The circumstances must be both alleged and 4. The circumstances under which the crime
proved in the trial, otherwise, they cannot be was committed; and
considered because the right of the accused to be 5. The motive of the accused. (People v.
informed of the charge against him will be violated. Lanuza y Bagaoisan, G.R. No. 188562,
August 17, 2011)
Q: What is the difference between cruelty as a
qualifying circumstance of murder (Art. 248), and Q: X, a pharmacist, compounded and prepared the
cruelty as a generic aggravating circumstance medicine on prescription by a doctor. X
under Art. 14? erroneously used a highly poisonous substance.
When taken by the patient, the latter nearly died.
A: The accused was charged with frustrated homicide
CRUELTY CRUELTY through reckless imprudence. Is the charge
(ART. 248) (ART. 14) correct?
Aside from cruelty, any
Requires that the victim
act that would amount A: No, it is error to convict the accused of frustrated
be alive, when the cruel
to scoffing or decrying homicide through reckless imprudence. He is guilty
wounds were inflicted of physical injuries through reckless imprudence.
the corpse of the victim
and, therefore, must be
will qualify the killing to The element of intent to kill in frustrated homicide
evidence to that effect.
murder. is incompatible with negligence or imprudence.
Intent in felonies by means of dolo is replaced with
Homicide lack of foresight or skill in felonies by culpa.
Art. 249
Q: A shot C with a pistol. Almost immediately after
Q: What is homicide? A had shot C, B also shot C with (Bs) gun. Both
wounds inflicted by A and B were mortal. C was
still alive when B shot him. C died as a result of the
A: Homicide is the unlawful killing of any person,
wounds received from A and B, acting
which is neither parricide, murder, nor infanticide.
independently of each other. Who is liable for the
Q: What are the elements of homicide? death of C?
A: Since either wound could cause the death of C,
A:
both are liable and each one of them is guilty of
1. That a person is killed
2. That the accused killed him without any homicide. The burden of proof is on each of the
defendants to show that the wound inflicted by him
justifying circumstance
did not cause the death. The one who inflicted a
3. The accused had intention to kill which is
wound that contributed to the death of the victim is
presumed
equally liable (U.S. v. Abiog, G.R. No. L-12747,
4. The killing was not attended by any of the
qualifying circumstances of murder, or by that November 13, 1917).
of parricide or infanticide
Note: This ruling is applicable only when there is no
conspiracy between or among the accused. When
Q: Is evidence of intent to kill important in
there is conspiracy, it is not necessary to apply this
homicide? ruling because in such case, the act of one is the act of
all.
188 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
A: Q: Is a person who attempts to commit suicide
1. The person or persons who inflicted the criminally liable?
serious physical injuries are liable.
2. If it is not known who inflicted the serious A: No, because society has always considered a
physical injuries on the deceased, all the person who attempts to kill himself as an
persons who used violence upon the person of unfortunate being, a wretched person more
the victim are liable, but with lesser liability. deserving of pity rather than of penalty. However,
he may be held liable for the crime of disturbance
Physical Injuries Inflicted in Tumultuous Affray of public order if indeed serious disturbance of
Art. 252 public peace occurred due to his attempt to commit
suicide.
Q: What are the elements of this crime?
Q: Is assistance to suicide the same as euthanasia?
A:
1. There is a tumultuous affray as referred to in A: No. Euthanasia is the practice of painlessly
the preceding article putting to death a person suffering from some
2. A participant or some participants thereof incurable disease. Euthanasia is not lending
suffer serious physical injuries or physical assistance to suicide. The person killed does not
injuries of a less serious nature only. want to die. A doctor who resorts to euthanasia of
3. Person responsible thereof cannot be his patient may be liable for murder.
identified
4. All those who appear to have used violence Discharge of Firearm
upon the person of the offended party are Art. 254
known.
Q: What are the elements of the crime?
Note: This article will not apply when a person is killed.
A:
Q: What kind of injury is contemplated in the 1. Offender discharges a firearm against another
crime of physical injuries in a tumultuous affray? person.
2. Offender has no intention to kill the person.
A: The physical injury should be serious or less
serious and resulting from a tumultuous affray. If Note: There must be no intent to kill. The purpose of
the physical injury sustained is only slight, this is the offender is only to intimidate or frighten the
considered as inherent in a tumultuous affray. offended party.
Q: Who may be a victim under Art. 252? Q: Can the crime of illegal discharge be committed
through imprudence?
A: The victim must be a participant in the affray.
A: No, because it requires that the discharge must
Q: Who may be liable? be directed at another.
A: Only those who used violence are punished, Q: Is the discharge towards the house of the victim
because if the one who caused the physical injuries a discharge of firearm?
is known, he will be liable for the physical injuries
actually committed, and not under this article. A: No. Firing a gun at the house of the offended
party, not knowing in what part of the house the
Giving Assistance to Suicide people were, is only alarm under Art. 155.
Art. 253
Q: Supposing the offender discharges the firearm
Q: What are the punishable acts? at a person to intimidate a person only. However,
the bullet hit the vital organ of the victim that
A: resulted to his death. What crime was committed?
1. Assisting another to commit suicide, whether
the suicide is consummated or not. A: The moment the victim dies, intent to kill is
2. Lending assistance to another to commit presumed. The crime is either homicide or murder.
suicide to the extent of doing the killing
himself. Infanticide
190 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
Art. 255
Q: Suppose the child is abandoned without any
Q: What is infanticide? intent to kill and death results as a consequence,
what crime is committed?
A: It is the killing of any child less than 3 days old or
72 hours of age, whether the killer is the parent or A: The crime committed is abandonment under Art.
grandparent, any relative of the child, or a stranger. 276, and not infanticide.
Note: Art. 255 does not provide a penalty for Intentional Abortion
infanticide. If the killer is the mother, or father, or a Art. 256
legitimate grandparent, although the crime is still
infanticide, the penalty, is that of parricide. Q: What is abortion?
If the offender is not so related to the child, although A: Abortion is the willful killing of the fetus in the
the crime is still infanticide, the penalty corresponding uterus, or the violent expulsion of the fetus from
to murder shall be imposed.
the maternal womb that results in the death of the
fetus.
Q: What are the elements of infanticide?
Note: The basis of this article is Art. 2, Sec. 12 of the
A: Constitution, which states that The State shall equally
1. A child was killed. protect the life of the mother and the life of the
2. Deceased child was less than 3 days old or less unborn from conception. (Art. II, Sec. 12, Constitution)
than 72 hours of age
3. Accused killed the said child Q: In what ways is the crime of intentional
abortion committed?
Q: If the child is born dead, or if the child is already
dead, is there infanticide? A:
1. By using any violence upon the person of the
A: No. Infanticide is not committed. pregnant woman
2. By administering drugs or beverages upon
Q: Is concealment of dishonor an exculpatory such pregnant woman without her consent
circumstance in the crime of infanticide? 3. By administering drugs or beverages with the
consent of the pregnant woman
A: No. It merely lowers the penalty.
Q: What are the elements of intentional abortion?
Note: Only the mother and maternal grandparents of
the child are entitled to the mitigating circumstance of A:
concealing dishonor. The mother who claims 1. There is a pregnant woman
concealing dishonor must be of good reputation.
2. Violence is exerted, or drugs or beverages
administered, or that the accused otherwise
Q: What are the distinctions between infanticide
acts upon such pregnant woman
and parricide if the offender is the blood relative,
3. As a result of the use of violence or drugs or
e.g. parent of the child?
beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or
A:
after having been expelled therefrom
Infanticide Parricide 4. Abortion is intended
The age of the victim is The victim is at least
less than three days old. three days old. Q: Who are the persons liable for intentional
If done in conspiracy abortion?
The co-conspirator is
with a stranger, both
liable for murder
the parent and the co- A:
because of the absence
conspirator are liable 1. The person who actually caused the abortion
of relationship.
for infanticide. under Art. 256
Concealment of 2. The pregnant woman if she consented under
Concealment of
dishonor in killing the Art. 258
dishonor in killing the
child is not a mitigating
child is mitigating.
circumstance Note: Abortion is not a crime against the woman but
against the fetus. The offender must know of the
Note: In both, there is intent to kill the child.
192 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
Q: Suppose a pregnant woman decided to commit Q: What are the elements of this crime as to the
suicide by jumping out of the window of the pharmacists?
building but landed on a passerby, she did not die
but abortion followed. Is she liable for A:
unintentional abortion? 1. Offender is a pharmacists
2. There is no proper prescription from a
A: No, because what is contemplated is that the physician
force or violence must come from another person. 3. Offender dispenses an abortive
In this case, when the woman tried to commit
suicide but did not die, the attempt to commit Note: As to the pharmacist, the crime is consummated
suicide is not a felony under the RPC. by dispensing an abortive without proper prescription
from a physician. It is not necessary that the abortive is
Q: Suppose the pregnant woman employed actually used.
violence to herself specifically calculated to bring
about abortion, what crime is committed? Q: Suppose the abortion was performed by a
physician without medical necessity to warrant
A: The woman is liable for intentional abortion such abortion and the woman or her husband had
under Art. 258. consented. Is the physician liable for abortion
under Art. 259?
Abortion Practiced by the Woman Herself or by
Her Parents A: Yes. The consent of the woman or her husband is
Art. 258 not enough to justify abortion.
Q: What are the elements of this crime? Responsibility of Participants in a Duel
Art. 260
A:
1. There is a pregnant woman who has suffered Q: What is a duel?
abortion
2. Abortion is intended A: It is a formal or regular combat previously
3. Abortion is caused by: consented between two parties in the presence of
a. The pregnant woman herself two or more seconds of lawful age on each side,
b. Any other person, with her consent who make the selection of arms and fix all the other
c. Any of her parents, with her consent for conditions of the fight to settle some antecedent
the purpose of concealing her dishonor quarrels.
Note: The liability of the pregnant woman is mitigated Q: What are the punishable acts?
if the purpose for abortion is to conceal her dishonor.
However, if it is the parents who caused the abortion A:
for the purpose of concealing their daughters 1. Killing ones adversary in a duel
dishonour, there is no mitigation, unlike in infanticide. 2. Inflicting upon such adversary physical injuries
3. Making a combat although no physical injuries
Abortion Practiced by Physician or Midwife and have been inflicted
Dispensing Of Abortives
Art. 259 Note: A mere fight as a result of an agreement is not
necessarily a duel because a duel implies an
Q: What are the elements of this crime as to the agreement to fight under determined conditions and
with the participation and intervention of seconds who
physician or midwife?
fixed the conditions.
A:
Illustration:
1. There is a pregnant woman who has suffered
abortion
If the accused and the deceased, after a verbal
2. Abortion is intended
heated argument in the bar, left the place at
3. The offender must be a physician or midwife
the same time and pursuant to their
who causes or assisted in causing the abortion
agreement, went to the plaza to fight each
4. Said physician or midwife takes advantage of
other to death with knives which they bought
his or her scientific knowledge or skill.
on the way, the facts do not constitute the
crime of duel since there was no seconds who
fixed the conditions of the fight in a more or
less formal manner. If one is killed, the crime Note: In the first kind of mutilation, the castration
committed is homicide. must be made purposely. Otherwise, it will be
considered as mutilation of the second kind (mayhem).
Challenging to a Duel
Art. 261 Q: Must mutilation be intentional?
A: Yes, mutilation must always be intentional. Thus,
Q: What are the punishable acts?
it cannot be committed through criminal
negligence.
A:
1. Challenging another to a duel
Note: There must be no intent to kill otherwise the
2. Inciting another to give or accept a challenge
offense is attempted or frustrated homicide or murder
to a duel
as the case may be.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a Q: Suppose there is no intent to deprive the victim
duel of the particular part of the body, what is the
crime committed?
Note: The punishable act is to challenge to a duel not
challenge to a fight because if it is the latter, the crime
A: The crime is only serious physical injury.
would be light threats under Art. 285(2).
Note: Cruelty, as understood in Art. 14 (21) is inherent
Q: Who are the persons liable?
in mutilation and in fact, that is the only felony, where
said circumstance is an integral part and is absorbed
A: The challenger and the instigators. therein. If the victim dies, the crime is murder qualified
by cruelty but the offender may still claim and prove
PHYSICAL INJURIES that he had no intention to commit so grave a wrong.
Mutilation Serious Physical Injuries
Art. 262 Art. 263
Q: What is mutilation? Q: How is the crime of serious physical injuries
committed?
A: Mutilation is the lopping or the clipping off of
some parts of the body which are not susceptible to A: By:
growth again. 1. Wounding
2. Beating
Q: What are the kinds of mutilation? 3. Assaulting
4. Administering injurious substance
A:
1. Intentionally mutilating another by depriving Q: What are considered serious physical injuries?
him, either totally or partially, of some
essential organ for reproduction. A:
1. When the injured person becomes insane,
Elements: imbecile, impotent, or blind in consequence of
a. There must be a castration, that is, the physical injuries inflicted.
mutilation of organs necessary for
generation, such as the penis or Note: Impotence includes inability to copulate
ovarium and sterility.
b. The mutilation is caused purposely and
deliberately, that is, to deprive the Blindness requires loss of vision of both eyes.
offended party of some essential organ Mere weakness in vision is not contemplated.
for reproduction
2. When the injured person:
2. Intentionally making other mutilation, that is, a. Loses the use of speech or the power to
by lopping or clipping off of any part of the hear or to smell, or loses an eye, a hand, a
body of the offended party, other than the foot, an arm or a leg; or
essential organ for reproduction, to deprive b. Loses the use of any such member; or
him of that part of his body. c. Becomes incapacitated for the work in
which he was therefore habitually
194 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
Administering Injurious Substances or Beverages Q: What are the qualifying circumstances of less
Art.264 serious physical injuries?
Q: What are the elements of this crime? A:
1. When there is manifest intent to insult or
A: offend the injured person
1. The offender inflicted serious physical injuries 2. When there are circumstances adding
upon another. ignominy to the offense
2. It was done by knowingly administering to him 3. When the victim is the offenders parents,
any injurious substances or beverages or by ascendants, guardians, curators, or teachers.
taking advantage of his weakness of mind or 4. When the victim is a person of rank or person
credulity. in authority, provided the crime is not direct
assault.
Note: To administer an injurious substance or
beverage means to direct or cause said substance Slight Physical Injuries and Maltreatment
or beverage to be taken orally by the injured Art. 266
person, who suffered serious physical injuries as a
result. Q: What are the kinds of slight physical injuries
and maltreatment?
3. He had no intent to kill.
A:
Note: There must be no intent to kill otherwise, 1. Physical injuries which incapacitated the
frustrated murder will be committed.
offended party for labor from 1 to 9 days, or
required medical attendance during the same
Less Serious Physical Injuries period
Art. 265 2. Physical injuries which did not prevent the
offended party from engaging in his habitual
Q: What are the elements of this crime? work or which did not require medical
attendance.
A: 3. Ill-treatment of another by deed without
1. Offended party is incapacitated for labor for 10 causing any injury
days or more (but not more than 30 days), or
shall require medical attendance for the same Note: Slapping the offended party is a form of ill-
period of time. treatment which is a form of slight physical injuries.
Note: The disjunctive or above means that it is Q: A disagreement ensued between Cindy and
either incapacity for work for 10 days or more or Carina which led to a slapping incident. Cindy gave
the necessity of medical attendance for an equal twin slaps on Carinas beautiful face. What is the
period which will make the crime of less serious crime committed by Cindy?
physical injuries.
A:
In the absence of proof as to the period of the 1. Slander by deed if the slapping was done to
offended partys incapacity for labor or required
cast dishonor to the person slapped.
medical attendance, the offense committed is
2. Slight physical injuries by ill-treatment if the
only slight physical injuries. The phrase shall
require refers to the period of actual medical
slapping was done without the intention of
attendance. casting dishonor, or to humiliate or embarrass
the offended party out of a quarrel or anger.
2. Physical injuries must not be those described
in the preceding articles. Rape
Arts. 266-A, 266-B, 266-C and 266-D and R.A. 8353
Note: Although the wound required medical
attendance for only 2 days, yet the injured was Q: What are the kinds of rape under R.A. 8353?
prevented from attending to his ordinary labor for a
period of twenty-nine days, the physical injuries are A:
denominated as less serious (US v. Trinidad, 4 Phil. 1. The traditional concept under Art. 335 carnal
152). knowledge with a woman against her will. The
offended party is always a woman and the
offender is always a man.
196 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
2. Sexual assault committed with an instrument Note: When the offender in rape has an ascendancy or
or an object or use of the penis with influence on the offended party, it is not necessary
penetration of the mouth or anal orifice. The that the latter put up a determined resistance.
offended party or offender can either be a
man or a woman, that is, if the woman or a Q: Geronimo, a teacher, was tried and convicted
man uses an instrument in the anal orifice of a for 12 counts of rape for the sexual assault, he, on
male, she or he can be liable for rape. several occasions, committed on one of his male
students by inserting his penis in the victims
Note: A violation of the body orifices by the fingers is mouth. On appeal, Geronimo contends that the
within the expanded definition of rape under RA 8353. acts complained of do not fall within the definition
Insertion of the finger into the female genital is rape of rape as defined in the RPC, particularly that
through sexual assault (People v. Campuhan, G.R. No. rape is a crime committed by a man against a
129433, March 30, 2000). woman. Is Geronimos contention correct?
However, there should be evidence of at least the A: No. Rape maybe committed notwithstanding the
slightest penetration of the sexual organ and not fact that persons involved are both males. R.A.
merely a brush or graze of its surface (People v. Dela 8353 provides that an act of sexual assault can be
Cruz, G.R. No. 180501, December 24, 2008). committed by any person who inserts his penis into
the mouth or anal orifice, or any instrument or
Q: What are the elements of rape by a man who object into the genital or anal orifice of another
shall have carnal knowledge of a woman? person. The law, unlike rape under Art. 266-A, has
not made any distinction on the sex of either the
A: offender or the victim. Neither must the courts
1. Offender is a man make such distinction. (Ordinario v. People, G.R. No.
2. Offender had carnal knowledge of the woman 155415, May 20, 2004)
3. Such act is accomplished under any of the
following circumstances: Q: What is the amount of force necessary to
a. Through force, threat or intimidation consummate the crime of rape?
b. When the offended party is deprived of
reason or is otherwise unconscious A: Jurisprudence firmly holds that the force or
c. By means of fraudulent machination or violence required in rape cases is relative; it does
grave abuse of authority not need to be overpowering or irresistible; it is
d. When the offended party is under 12 present when it allows the offender to consummate
years of age or is demented, even though his purpose. (People v. Funesto y Llospardas, G.R.
none of the above circumstances No. 182237, August 3, 2011)
mentioned above be present.
Q: Is there a crime of frustrated rape?
Q: What are the elements of rape by sexual
assault? A: None. The slightest penetration of penis into the
labia of the female organ consummates the crime
A: of rape. However, mere touching alone of the
1. Offender commits an act of sexual assault genitals and mons pubis or the pudendum can only
2. The act of sexual assault is committed by any be considered as attempted rape, if not acts of
of the following means: lasciviousness.
a. By inserting his penis into another
persons mouth or anal orifice, or Q: What does touching in rape means?
b. By inserting any instrument or object into
the genital or anal orifice of another A: In People v. Campuhan, it was held that
person touching when applied to rape cases does not
3. The act of sexual assault is accomplished under simply mean mere epidermal contact, stroking or
any of the following circumstances: grazing of organs, a slight brush or a scrape of the
a. By using force or intimidation, or penis on the external layer of the victims vagina, or
b. When the woman is deprived of reason or the mons pubis. There must be sufficient and
otherwise unconscious, or convincing proof that the penis indeed touched the
c. By means of fraudulent machination or labias or slid into the female organ, and not merely
grave abused of authority, or stroked the external surface thereof, for an accused
d. When the woman is under 12 years of age to be convicted of consummated rape. Thus, a
or demented. grazing of the surface of the female organ or
touching the mons pubis of the pudendum is not been made prior to the institution of the criminal
sufficient to constitute consummated rape. Absent actions. (People v. Bonaagua, G.R. No. 188897, June
any showing of the slightest penetration of the 6, 2011, People v. Borce, G.R. No. 189579,
female organ, i.e., touching of either labia of September 12, 2011)
the pudendum by the penis, there can be no
consummated rape; at most, it can only be Q: Does absence of spermatozoa negate the
attempted rape, if not acts of commission of rape?
lasciviousness. (People v. Butiong, G.R. No. 168932,
October 19, 2011) A: No. The absence of spermatozoa from the
genitalia of the victim does not negate or disprove
Q: What are the effects of the reclassification of the rape. The basic element of rape is carnal
rape into a crime against person? knowledge or sexual intercourse, not
ejaculation. Carnal knowledge is defined as the act
A: of a man having sexual bodily connections with a
1. The procedural requirement of consent of the woman. This explains why the slightest
offended party to file the case is no longer penetration of the female genitalia consummates
needed because this is now a public crime, the rape. (People v. Butiong, ibid.)
unlike when it was still classified as a crime
against chastity. Q: Accused was charged and convicted of the
2. There is now an impossible crime of rape crime of rape of a minor. He claims that his guilt
because impossible crimes can only be was not proven because there was no hymenal
committed against persons or property. laceration therefore there was no evidence
showing that he had carnal knowledge of the
Q: What are the effects of pardon on the criminal victim. Is his defense tenable?
liability of the accused charged with rape?
A: No. Proof of hymenal laceration is not an
A: element of rape. An intact hymen does not negate
1. The offended woman may pardon the offender a finding that the victim was raped. Penetration of
through a subsequent valid marriage, the the penis by entry into the lips of the vagina, even
effect of which would be the extinction of the without laceration of the hymen, is enough to
offenders liability. constitute rape, and even the briefest of contact is
2. Similarly, the legal husband maybe pardoned deemed rape. (People v. Crisostomo, G.R. No.
by forgiveness of the wife provided that the 183090, November 14, 2011)
marriage is not void ab initio. (Art. 266-C)
Q: One of Butiongs contentions is that having
Note: Under the new law, the husband may be liable sexual intercourse with AAA, a mental retardate,
for rape, if his wife does not want to have sex with did not amount to a rape, because it could not be
him. It is enough that there is indication of any amount considered as carnal knowledge of a woman
of resistance as to make it rape. deprived of reason or of a female under twelve
years of age as provided under Article 266-A of
Q: What is the effect of Affidavit of Desistance in the Revised Penal Code, as amended. Is he
the crime of rape? correct?
A: Rape is no longer a crime against chastity for it is A: No. Rape is essentially a crime committed
now classified as a crime against persons. In effect, through force or intimidation, that is, against the
rape may now be prosecuted de oficio; a complaint will of the female. It is also committed without
for rape commenced by the offended party is no force or intimidation when carnal knowledge of a
longer necessary for its prosecution. Consequently, female is alleged and shown to be without her
rape is no longer considered a private crime or that consent. It should no longer be debatable that rape
which cannot be prosecuted, except upon a of a mental retardate falls under paragraph 1, b), of
complaint filed by the aggrieved party. Hence, Article 266-A, because the provision refers to a rape
pardon by the offended party of the offender in the of a female deprived of reason, a phrase that
crime of rape will not extinguish the offenders refers to mental abnormality, deficiency or
criminal liability. Moreover, an Affidavit of retardation. (People v. Butiong, ibid.)
Desistance even when construed as a pardon in the
erstwhile private crime of rape is not a ground for Q: When is it considered as qualified rape?
the dismissal of the criminal cases, since the actions
have already been instituted. To justify the
dismissal of the complaints, the pardon should have
198 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
A: With the occurrence of the following specifically pleaded or alleged with certainty in the
circumstances, rape is punishable by death (Art. information.
266-B):
1. When by reason or on occasion of the Q: What is incestuous rape?
rape, a homicide is committed
2. When the victim is under 18 years of age A: It refers to rape committed by an ascendant of
and the offender is a parent, ascendant, the offended woman.
step-parent, guardian, relative by
consanguinity or affinity within the third Note: In incestuous rape of a minor, proof of force and
civil degree, or the common law spouse of violence exerted by the offender are not essential.
the victim. Moral ascendancy or parental authority of the accused
over the offended party takes the place of violence.
Note: A step-brother or step-sister
relationship between the offender and the Q: What is statutory rape?
offended party cannot elevate the crime to
qualified rape because they are not related A: Sexual intercourse with a girl below 12 years old
either by blood or affinity. The enumeration is statutory rape. (People v. Espina, G.R. No.
is exclusive. Hence, the common law 183564, June 29, 2011)
husband of the victims grandmother is not
included. Q: What are the elements of statutory rape?
3. When the victim is under the custody of A:
the police or military authorities or any 1. That the offender had carnal knowledge of the
law enforcement or penal institution. victim; and
4. When rape is committed in full view of 2. That the victim is below twelve (12) years old.
the husband, parent, any of the children (People v. Appattad, G.R. No. 193188, August
or other relatives within the third civil
10, 2011)
degree of consanguinity.
5. When the victim is engaged in a
legitimate religious vocation or calling and
Note: When the woman is under 12 years of age or is
is personally known to be such by the demented, sexual intercourse with her is always rape,
offender before or after the commission even if the sexual intercourse was with her consent.
of the crime. This is because the law presumes that the victim, on
6. When the victim is a child below 7 years account of her tender age, does not and cannot have a
old. will of her own.
7. When the offender knows that he is
inflicted with HIV/AIDS or any other Q: Suppose a 31-year old retardate with mental
sexually transmissible decease and the capacity of a 5-year old was raped, what is the
virus or decease is transferred to the crime committed?
victim.
8. When committed by any member of the A: Statutory rape. Her mental and not only her
AFP or paramilitary units thereof or the chronological age are considered. (People v.
PNP or any law enforcement agency or Manalpaz, G.R. No. L-41819, Feb. 28, 1978)
penal institution, when the offender took
advantage of his position to facilitate the Q: In the crime of rape or statutory rape, is it
commission of the crime. necessary to state the exact, or at least the
9. When by reason or on occasion of the approximate, date the purported rape was
rape, the victim has suffered permanent committed?
physical mutilation or disability.
10. When the offender knew of the A: GR: Time is not an essential element. What is
pregnancy of the offended party at the important is that the information alleges that the
time of the commission of the rape. victim was a minor under twelve years of age and
11. When the offender knew of the mental that the accused had carnal knowledge of her, even
disability, emotional disorder, and/or if the accused did not use force or intimidation on
physical handicap of the offended party at her or deprived her of reason.
the time of the commission of the crime.
XPN: The date of the commission of the rape
Note: The foregoing circumstances are in the nature of becomes relevant only when the accuracy and
qualifying aggravating circumstances which must be truthfulness of the complainants narration
practically hinge on the date of the b. Where the offended party is so situated as to
commission of the crime. (People v. Dion, G.R. render him/her incapable of giving consent
No. 181035, July 4, 2011) (Art. 266-D)
Q: What is the sweetheart theory in rape? Q: Does the absence of signs of external physical
injuries signify lack of resistance on the part of the
A: As held in People v. Cabanilla, the sweetheart rape victim?
defense is an affirmative defense that must be
supported by convincing proof. Having an illicit A: No. Resistance from the victim need not be
affair does not rule out rape as it does not carried to the point of inviting death or sustaining
necessarily mean that consent was present. A love physical injuries at the hands of the rapist.
affair does not justify rape for a man does not have
an unbridled license to subject his beloved to his Note: In rape, the force and intimidation must be
carnal desires against her will. (People v. Cias, G.R. viewed in light of the victims perception and
No. 194379, June 1, 2011) judgment at the time of commission of the crime. As
already settled in the jurisprudence, not all victims
Q: In cases of multiple rape, is it necessary to react the same way. Moreover, resistance is not an
prove every count of rape? element of rape. A rape victim has no burden to prove
that she did all within her power to resist the force or
intimidation employed upon her. As long as the force
A: Yes. It is settled that each and every charge of
or intimidation is present, whether it was more or less
rape is a separate and distinct crime that the law
irresistible is beside the point. (People v. Baldo, G.R.
requires to be proven beyond reasonable doubt.
No. 175238, Feb. 24, 2009)
The prosecution's evidence must pass the exacting
test of moral certainty that the law demands to Physical resistance need not be established in rape
satisfy the burden of overcoming the appellant's when intimidation is exercised upon the victim who
presumption of innocence. (People v. Arpon, G.R. submits against her will to the rapists lust because of
No. 183563, December 14, 2011) fear for her life or personal safety. (People v. Tuazon,
G.R. No. 168650, October 26, 2007)
Q: Is the victims reputation considered in the
prosecution of rape? Q: What is the importance of a medico legal
finding in the prosecution of rape cases?
A: No, it is immaterial in rape, there being
absolutely no nexus between it and the odious A: The medico-legal findings are merely
deed committed. A woman of loose morals could corroborative in character and is not an element of
still be a victim of rape, the essence thereof being rape. The prime consideration in the prosecution
carnal knowledge of a woman without her consent. of rape is the victim's testimony, not necessarily the
medical findings; a medical examination of the
Q: What is essential in proving the crime of rape? victim is not indispensable in a prosecution for
rape. The victim's testimony alone, if credible, is
sufficient to convict. (People v. Perez, G.R. No.
A: The date of the commission of the rape is not an 191265, September 14, 2011)
essential element of the crime of rape, for the
gravamen of the offense is carnal knowledge of a Q: What crime was committed if the victim was a
woman. The discrepancies in the actual dates the minor, is it rape or child abuse under RA 7610?
rapes took place are not serious errors warranting a
reversal of the appellants conviction. What is A: The accused can be charged with either Rape or
decisive in a rape charge is the victims positive Child Abuse and be convicted therefor. The case
identification of the accused as the malefactor. of People v. Abay, is enlightening and instructional
(People v. Mercado, G.R. No. 189847, May 30, on this issue. It was stated in that case that if the
2011) victim is 12 years or older, the offender should be
charged with either sexual abuse under Section 5(b)
Q: What are the evidences which may be accepted of R.A. No. 7610 or rape under Article 266-A (except
in the prosecution of rape? paragraph 1[d]) of the Revised Penal Code.
However, the offender cannot be accused of both
A: crimes for the same act because his right against
a. Any physical overt act manifesting resistance double jeopardy will be prejudiced. A person
against the act of rape in any degree from the cannot be subjected twice to criminal liability for a
offended party; or single criminal act. Likewise, rape cannot be
200 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
complexed with a violation of Section 5(b) of RA On appeal to SC, the defendant raised a new
7610. Under Section 48 of the Revised Penal Code defense, the battered woman syndrome.
(on complex crimes), a felony under the Revised
Penal Code (such as rape) cannot be complexed R.A. 9262 took effect in March 27, 2004. It was
with an offense penalized by a special law. (People signed into law on March 8, 2004.
v. Dahilig G.R. No. 187083, June 13, 2011)
Q: What are included in the term violence?
Q: If on the occasion or by reason of rape, the
victim died, what is the crime committed? A: It includes, but is not limited to, the following
acts:
A: The special complex crime of rape with homicide a. Physical Violence acts that include
is committed. bodily or physical harm
b. Sexual Violence act which is sexual in
Q: What is the difference between attempted rape nature, committed against the woman or
and acts of lasciviousness? her child
A: c. Psychological Violence acts or omissions
Attempted Rape Acts of Lasciviousness causing or likely to cause mental or
There is no intention to emotional suffering to the victim
There is intent to effect lie with the offended d. Economic Abuse acts that make or
sexual cohesion, woman. The intention is attempt to make a woman financially
although unsuccessful. merely to satisfy lewd dependent (Sec. 3)
design.
Q: What are the punishable acts under R.A. 9262?
Q: What are the principles which guide the courts
in reviewing rape cases? A: The crime of violence against women and their
children is committed through any of the following
A: In reviewing rape cases, this Court is guided by acts:
three settled principles: 1. Causing physical harm to the woman or
1. An accusation of rape can be made with her child
facility and while the accusation is difficult 2. Threatening to cause the woman or her
to prove, it is even more difficult for the child physical harm
person accused, although innocent, to 3. Attempting to cause the woman or her
disprove; child physical harm
2. Considering the intrinsic nature of the 4. Placing the woman or her child in fear of
crime, only two persons being usually imminent physical harm
involved, the testimony of the 5. Attempting to compel or compelling the
complainant should be scrutinized with woman or her child to engage in conduct
great caution; and which the woman or her child has the
3. The evidence for the prosecution must right to desist from or desist from
stand or fall on its own merit, and cannot conduct which the woman or her child
be allowed to draw strength from the has the right to engage in, or attempting
weakness of the evidence for the to restrict or restricting the woman's or
defense. (People v. Ogarte y Ocob, G.R. her child's freedom of movement or
No. 182690, May 30, 2011) conduct by force or threat of force,
physical or other harm or threat of
Anti-Violence against Women and their Children physical or other harm, or intimidation
Act of 2004 (R.A. 9262) directed against the woman or child. This
shall include, but not limited to, the
following acts committed with the
Q: What is the history of R.A. 9262?
purpose or effect of controlling or
restricting the woman's or her child's
A: In People v. Genosa (G.R. No. 135981, Jan. 15,
2004), Minerva was found guilty of the crime of movement or conduct:
a. Threatening to deprive or
parricide for killing her husband. According to
actually depriving the woman or
evidence, the husband was a wife beater and that
her child of custody to her/his
one day, the wife probably got fed up and killed her
husband. Minerva admitted the killing but raised as family
b. Depriving or threatening to
justifying circumstances, self-defense and insanity.
deprive the woman or her
202 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
Q: What is the period of effectivity of PPO? 1. attest that the victim is residing in the
municipality or city over which court has
A: It shall be effective until revoked by a court upon territorial jurisdiction, and
application of the person in whose favor the order 2. shall provide a mailing address for purpose
was issued. (Sec. 16) of service processing. (Sec. 11)
Q: Where can the TPO and PPO be filed? Anti-Child Pornography Act of 2009 (R.A. 9775)
A: GR: TPO and PPO are filed in the Family court at Q: Who are considered children under R.A. 9775?
the place of residence of petitioner.
A: Children refer to persons below 18 years of age
EXP: In the absence of the Family court, with or over, but is unable to fully take care of
the RTC, MeTC, MTC or MCTC with territorial themselves from abuse, neglect, cruelty,
jurisdiction over the place of residence of the exploitation or discrimination because of a physical
petitioner (Sec. 10). or mental disability or condition.
Note: The issuance of a BPO or the pendency of Note: A child shall also refer to:
application for BPO shall not preclude a petitioner 1. A person regardless of age who is
from applying for, or the court from granting a TPO or presented, depicted or believed to be a child
PPO. as defined herein
2. Computer-generated, digitally or manually
Q: Who may file Petition for Protection orders? crafted images or graphics of a person who
is represented or who is made to appear to
A: A petition for protection order may be filed by be a child as defined herein.
any of the following:
1. The offended party; Q: What is child pornography?
2. Parents or guardians of the offended
party; A: Child pornography refers to any public or private
3. Ascendants, descendants or collateral representation, whether visual, audio, or written
relatives within the fourth civil degree of combination thereof, by electronic, mechanical,
consanguinity or affinity; digital, optical, magnetic or by whatever means, of
4. Officers or social workers of the DSWD or a child engaged in real or simulated explicit sexual
social workers of local government units activities or any representation of the sexual parts
(LGUs); of a child primarily for sexual purposes.
5. Police officers, preferably those in charge
of women and children's desks; Q: To what does explicit sexual activity refer to?
6. Punong Barangay or Barangay Kagawad;
7. Lawyer, counselor, therapist or healthcare A: Explicit sexual activity refers to actual or
provider of the petitioner; simulated:
8. At least two (2) concerned responsible 1. Sexual intercourse or lascivious act
citizens of the city or municipality where including, but not limited to, contact
the violence against women and their involving genital to genital, oral to genital,
children occurred and who has personal anal to genital or oral to anal, whether
knowledge of the offense committed. between persons of the same or opposite
(Sec. 9) sex
2. Bestiality
Note: If the applicant is not the victim, the application 3. Masturbation
must be accompanied by an affidavit of the applicant 4. Sadistic or masochistic abuse
attesting to: 5. Exhibition of the genitals, buttocks,
1. The circumstances of the abuse suffered by breast, pubic area and/or anus
the victim and 6. Use of any object or instrument for
2. The circumstances of consent given by the lascivious acts
victim for the filling of the application.
Q: What are primarily sexual purposes?
When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the A: It refers to purposes which will fulfill all the
application. In such a case, the applicant shall: following conditions:
1. The average person applying
contemporary community standards
would find the work taken as a whole c. Written text or material that
appealing to prurient interest and advocates or counsels explicit sexual
satisfying only the market for gratuitous activity with a child and whose
sex and violence dominant characteristic is the
2. The work depicts or describes sexual description, for a sexual purpose, of
conduct in a patently offensive way an explicit sexual activity with a
3. The work taken as a whole imbued within child.
its context, manner or presentation,
intention and culture, lascivious, literary, 2. As to content: It includes representation of a
artistic, political and scientific value. person who is, appears to be, or is represented
as being a child, the dominant characteristic of
Q: What are child pornography materials? which is the depiction, for a sexual purpose, of
the:
A: Child pornography materials refers to the means a. Sexual organ or the anal region, or a
and methods by which child pornography is carried representation thereof; or
out: b. Breasts, or a representation of the
breasts, of a female person.
1. As to form:
a. Visual depiction - which includes not Q: What is grooming?
only images of real children but also
digital image, computer image or A: Grooming refers to the act of preparing a child or
computer-generated image that is someone who the offender believes to be a child
indistinguishable from that of real for sexual activity or sexual relationship by
children engaging in an explicit communicating any form of child pornography.
sexual activity. Visual depiction shall
include: Note: Grooming includes online enticement or
i. Undeveloped film and enticement through any other means.
videotapes
ii. Data and/or images stored on a Q: What is luring?
computer disk or by electronic
means capable of conversion A: Luring refers to the act of communicating, by
into a visual image means of a computer system, with a child or
iii. Photograph, film, video, picture, someone who the offender believes to be a child
digital image or picture, for the purpose of facilitating the commission of
computer image or picture, sexual activity or production of any form of child
whether made or produced by pornography.
electronic, mechanical or other
means Q: What is pandering?
iv. Drawings, cartoons, sculptures
or paintings depicting children A: Pandering is the act of offering, advertising,
v. Other analogous visual promoting, representing, or distributing through
depiction any means any material or purported material that
b. Audio representation of a person is intended to cause another to believe that the
who is or is represented as being a material or purported material contains any form of
child and who is engaged in or is child pornography, regardless of the actual content
represented as being engaged in of the material or purported material.
explicit sexual activity, or an audio
representation that advocates, Q: What are punishable acts under RA 9775?
encourages or counsels any sexual
activity with children which is an A: The punishable acts are:
offense under this Act.
1. To hire, employ, use, persuade, induce or
Note: Such representation includes coerce a child to perform in the creation
audio recordings and live audio or production of child pornography
transmission conveyed through 2. To produce, direct, manufacture or create
whatever medium including real-time any form of child pornography and child
internet communications. pornography materials
204 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
3. To sell, offer, advertise and promote child 1. The ff. are liable as PRINCIPAL:
pornography and child pornography a. The officers and members of the
materials fraternity, sorority or organization who
4. To possess, download, purchase, actually participated in the infliction of
reproduce or make available child physical harm.
pornography materials with the intent of b. The parents of one of the officer or
selling or distributing them member of the fraternity, sorority or
5. To publish, post, exhibit, disseminate, organization, when they have actual
distribute, transmit or broadcast child knowledge of the hazing conducted in
pornography or child pornography their home but failed to take any action
materials to prevent the same from occurring.
6. To knowingly possess, view, download, c. The officers, former officers or alumni of
purchase or in any way take steps to the organization, group, fraternity or
procure, obtain or access for personal use sorority who actually planned the hazing
child pornography materials although not present when the acts
7. To attempt to commit child pornography constituting hazing were committed.
by luring or grooming a child. (Sec. 4)
Note: The presence of any person during the
Anti Hazing Law (R.A. 8049) hazing is prima facie evidence of participation
therein as principal, UNLESS he prevented the
commission of the acts punishable therein.
Q: What is Hazing?
2. The ff. are liable as ACCOMPLICE:
A: Hazing is an initiation rite or practice as a
a. The owner of the place where the hazing
prerequisite for admission into membership in a
is conducted, when he has actual
fraternity, sorority or organization by placing the
knowledge of the hazing conducted
recruit, neophyte or applicant in some
therein but failed to take any action to
embarrassing or humiliating situations such as
prevent the same from occurring.
forcing him to do menial, silly, foolish and other
b. The school authorities including faculty
similar tasks or activities or otherwise subjecting
members who consent to the hazing or
him to physical or psychological suffering or injury.
who have actual knowledge thereof, but
failed to take any action to prevent the
Q: What are the allowed initiation rites?
same from occurring.
A:
Q: What are the punishable acts?
1. Those conducted by organizations
which shall include any club or the AFP,
A:
PNP, PMA, or officer and cadet corp of
1. Hazing or initiation rites in any form or manner
the Citizen's Military Training and CAT.
by a fraternity, sorority or organization
The physical, mental and psychological
without prior written notice to the school
testing and training procedure and
authorities or head of organization 7 days
practices to determine and enhance the
before the conduct of such initiation.
physical, mental and psychological fitness
2. Infliction of any physical violence during
of prospective regular members of the
initiation rites
AFP and the PNP as approved by the
Secretary of National Defense and the
Q: When will maximum penalty be imposed?
National Police Commission duly
recommended by the Chief of Staff, AFP
A:
and the Director General of the PNP.
1. When the recruitment is accompanied by
force, violence, threat, intimidation or deceit
2. Those conducted by any fraternity,
on the person of the recruit who refuses to
sorority or organization with prior written
join
notice to the school authorities or head of
2. When the recruit, neophyte or applicant
organization 7 days before the conduct of
initially consents to join but upon learning that
such initiation.
hazing will be committed on his person, is
prevented from quitting
Q: Who are liable?
3. When the recruit, neophyte or applicant
having undergone hazing is prevented from
A:
reporting the unlawful act to his parents or
guardians, to the proper school authorities, or occurred only once. Section 3(b) of RA 7610
to the police authorities, through force, provides that the abuse may be habitual or not.
violence, threat or intimidation Hence, the fact that the offense occurred only once
4. When the hazing is committed outside of the is enough to hold Garingarao liable for acts of
school or institution lasciviousness under R.A. 7610. (Garingarao v.
5. When the victim is below 12 years of age at People, G.R. No. 192760, July 20, 2011)
the time of the hazing.
Q: In general, what are the punishable acts under
Note: The fraternity, sorority or the organization this act?
should be one which is recognized by law, i.e. the
school or university for the Anti-Hazing Law to be A:
applicable. If the organization is neither recognized by 1. Child prostitution and other sexual abuse
law nor formed for legal purposes, there is no hazing (Sec.5)
even if the applicant is tortured or injured as 2. Child trafficking (Sec. 7)
requirement for admission. The formation of the
organization or association for an illegal purpose is a
Q: What is child prostitution?
crime in itself.
A: Children, whether male or female, are deemed
Special Protection of Children Against Child Abuse, to be exploited in prostitution and other sexual
Exploitation and Discrimination Act (R.A. 7610, as abuse when, for money, profit, or any other
amended) consideration or due to the coercion or influence of
any adult, syndicate or group, they indulge in sexual
Q: What does children refer to? intercourse or lascivious conduct.
A: Children refers to persons below eighteen (18) Q: Who are liable for child prostitution?
years of age or those over but are unable to fully
take care of themselves or protect themselves from A:
abuse, neglect, cruelty, exploitation or 1. Those who engage in or promote, facilitate or
discrimination because of a physical or mental induce child prostitution which include, but are
disability or condition (Sec. 3 [a]) not limited to, the following:
a. Acting as a procurer of a child prostitute;
Q: What is child abuse? b. Inducing a person to be a client of a child
prostitute by means of written or oral
A: Child abuse refers to the maltreatment, whether advertisements or other similar means;
habitual or not, of the child which includes any of c. Taking advantage of influence or
the following: relationship to procure a child as
1. Psychological and physical abuse, neglect, prostitute;
cruelty, sexual abuse and emotional d. Threatening or using violence towards a
maltreatment; child to engage him as a prostitute; or
2. Any act by deeds or words which debases, e. Giving monetary consideration goods or
degrades or demeans the intrinsic worth other pecuniary benefit to a child with
and dignity of a child as a human being; intent to engage such child in
3. Unreasonable deprivation of his basic prostitution.
needs for survival, such as food and
shelter; or 2. Those who commit the act of sexual
4. Failure to immediately give medical intercourse or lascivious conduct with a child
treatment to an injured child resulting in exploited in prostitution or subject to other
serious impairment of his growth and sexual abuse; Provided, That when the victim
development or in his permanent is under twelve (12) years of age, the
incapacity or death. perpetrators shall be prosecuted under Article
335, paragraph 3, for rape and Article 336 of
Q: Should there be only one incident when he the Revised Penal Code, for rape or lascivious
allegedly touched the breasts and private parts of conduct, as the case may be, and
a minor, AAA, is it correct that the accused should
have been convicted only of acts of lasciviousness 3. Those who derive profit or advantage
and not of violation of RA 7610? therefrom, whether as manager or owner of
the establishment where the prostitution takes
A: No. The Court has already ruled that it is place, or of the sauna, disco, bar, resort, place
inconsequential that sexual abuse under RA 7610
206 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
Q: How are obscene publications and indecent Q: What is the difference between prosecution for
shows committed? acts of lasciviousness under Art. 336, RPC and R.A.
7610?
A: Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in A:
obscene exhibitions and indecent shows, whether Art. 336 RPC RA 7610
live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the Acts of lasciviousness is Lascivious conduct is
said materials. committed when the defined as the intentional
act performed with touching, either directly
If the child used as a performer, subject or lewd design was or through clothing, of
seller/distributor is below twelve (12) years of age, perpetrated under the genitalia, anus, groin,
the penalty shall be imposed in its maximum circumstances which breast, inner thigh, or
period. (Sec 9) would have brought buttocks, or the
about the crime of rape introduction of any object
Q: When is an establishment deemed to promote if sexual intercourse into the genitalia, anus or
or facilitate child prostitution and other sexual was effected. mouth of any person,
abuse, child trafficking, obscene publications and whether of the same or
indecent shows, and other acts of abuse? opposite sex, with an
intent to abuse,
A: If the acts constituting the same occur in the humiliate, harass,
premises of said establishment under this Act or in degrade, or arouse or
violation of the Revised Penal Code, as amended. gratify the sexual desire
An enterprise such as a sauna, travel agency, or of any person, bestiality,
recruitment agency which: promotes the masturbation, lascivious
aforementioned acts as part of a tour for foreign exhibition of the genitals
tourists; exhibits children in a lewd or indecent or pubic area of a person.
show; provides child masseurs for adults of the
same or opposite sex and said services include any Shall be punished by The penalty for lascivious
lascivious conduct with the customers; or solicits prision correccional conduct when the victim
children or activities constituting the is below 12 years old shall
aforementioned acts shall be deemed to have be reclusion temporal in
committed the acts penalized herein. (Sec 11) its medium period. (Sec.
5, RA 7610)
Q: What are the sanctions of establishments and
enterprises? Juvenile Justice and Welfare Act of 2006 (R.A.
9344)
A: All establishments and enterprises which
promote or facilitate child prostitution and other
Q: What are the acts considered prejudicial to the
sexual abuse, child trafficking, obscene publications
child and are prohibited?
and indecent shows, and other acts of abuse shall
be immediately closed and their authority or license
A: The following and any other similar acts shall be
to operate cancelled, without prejudice to the
considered prejudicial and detrimental to the
owner or manager thereof being prosecuted under
psychological, emotional, social, spiritual, moral and
this Act and/or the Revised Penal Code, as
physical health and well-being of the child in
amended, or special laws.
conflict with the law and therefore, prohibited:
1. Employment of threats of whatever kind
and nature
2. Employment of abusive, coercive and
punitive measures such as cursing,
beating, stripping, and solitary
confinement
3. Employment of degrading, inhuman end
cruel forms of punishment such as
shaving the heads, pouring irritating,
corrosive or harmful substances over the
body of the child in conflict with the law,
or forcing him/her to walk around the
208 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PERSONS
CRIMES AGAINST LIBERTY AND SECURITY A: The deprivation required by Article 267 of the
RPC means not only the imprisonment of a person,
but also the deprivation of his liberty in whatever
Kidnapping and Serious Illegal Detention
form and for whatever length of time. It involves a
Art. 267
situation where the victim cannot go out of the
place of confinement or detention or is restricted or
Q: What are the elements of this crime?
impeded in his liberty to move. If the victim is a
child, it also includes the intention of the accused to
A:
deprive the parents of the custody of the child.
1. Offender is a private individual who is not any
(People v. Baluya y Notarte, G.R. No. 181822, April
of the parents of the victim
13, 2011)
2. He kidnaps or detains another, or in any other
manner deprives the latter of his liberty
Q: Jomarie, a minor, was dragged to the house of
3. Act of detention or kidnapping must be illegal
Gutierrez after she refused to go with him. Upon
4. In the commission of the offense, any of the
reaching the house, he tied her hands. When
following circumstances is present:
Jomarie pleaded that she be allowed to go home,
a. Kidnapping or detention lasts for more
he refused. Although Jomarie only stayed outside
than 3 days
the house, it was inside the gate of a fenced
b. It is committed simulating public
property which is high enough such that people
authority
outside could not see what happens inside. Was
c. Any serious physical injuries are inflicted
there kidnapping?
upon the person kidnapped or detained
or threats to kill him are made
A: Yes. When Gutierrez tied the hands of Jomarie,
d. The person kidnapped or detained is a
the formers intention to deprive Jomarie of her
minor, female, or a public officer.
liberty has been clearly shown. For there to be
kidnapping, it is enough that the victim is restrained
Q: When is detention considered illegal?
from going home. Because of her tender age, and
because she did not know her way back home, she
A: The detention punished in this article is
was then and there deprived of her liberty. It has
considered illegal when such detention is not
been repeatedly held that if the victim is a minor,
ordered by a competent authority or not permitted
the duration of his detention is immaterial. (People
by law.
v. Jacalne y Gutierrez, ibid.)
Q: If a person is transported from one place to
Q: Suppose the kidnapped victim disappeared, will
another, what crimes may be possibly committed?
such disappearance negate criminal liability of the
kidnappers?
A:
1. Forcible abduction If a woman is transported
A: No, because in kidnaping, the essential element
from one place to another by virtue of
is deprivation of the victims liberty and the
restraining her of her liberty and that act is
subsequent disappearance of the victim will not
coupled with lewd designs.
exonerate the accused from prosecution.
2. Kidnapping with serious illegal detention If a
Otherwise, kidnappers can easily avoid punishment
woman is transported just to restrain her
by the simple expedient of disposing of their
liberty. There is no lewd design or intent.
victims bodies.
3. Grave coercion If a woman is carried away
just to break her will, to compel her to agree to
Q: What is the effect of the voluntary release of
demand or request by the offender.
the victim on the criminal liability of the
kidnappers?
Q: What is the essence of kidnapping?
A:
A: The essence of the crime of kidnapping is the
1. If it is serious illegal detention, the voluntary
actual deprivation of the victims liberty, coupled
release has no effect on the criminal liability of
with the intent of the accused to effect it. (People v.
the offenders.
Jacalne y Gutierrez, G.R. No. 168552, October 3,
2. If it is slight illegal detention, the voluntary
2011)
release will mitigate the criminal liability of the
offenders.
Q: What does deprivation means?
3. In kidnapping for ransom, voluntary release
will not mitigate the crime.
210 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
kidnapping with rape. (People v. Mirandilla, Jr., G.R. intention of the of the victim is coupled
No. 186417 July 27, 2011) offender is merely to with lewd designs.
detain the victim.
Q: If the crime of kidnapping was committed
through conspiracy and rape was committed on Q: What distinguishes kidnapping for ransom from
the occasion thereof, but one of the conspirators robbery, insofar as the delivery of money to the
were no longer associated with the one who raped offenders is concerned?
the victim, can he be held liable for kidnapping
with rape? A:
Kidnapping for Ransom Robbery
A: No. There was no opportunity to prevent his co The motive of the
conspirators from raping the victim because at the Ransom is paid in offenders is not to
time of rape, he was no longer associated with his exchange for the restrain or deprive the
co conspirators. He cannot be held liable for the offended partys victim of his liberty but
subsequent rape of the victim. (People v. liberty. to divest him of his
Anticamara y Cabillo et al, G.R. No. 178771, June 8, valuables.
2011)
Q: What are the distinctions between illegal
Q: What are the distinctions between kidnapping detention and arbitrary detention?
with rape and forcible abduction with rape?
A:
A: Illegal Detention Arbitrary Detention
Forcible Abduction Committed by a private Committed by a
Kidnapping with Rape
with Rape person who kidnaps, public officer who
The crime is complex detains or otherwise detains a person
The crime is composite
under Art. 48 since deprives another of his without legal
or a special complex
forcible abduction is a liberty. grounds.
crime if the woman
necessary means to Crime against the
kidnapped is also raped. Crime is against personal
commit the rape. fundamental law of
There is no lewd design There is lewd design. liberty and security.
the State.
Rape is not a separate
Rape is treated as a
crime but merely a
separate crime. Slight Illegal Detention
qualifying circumstance.
Art. 268
If there are multiple
rapes, only one rape
Q: What are the elements of this crime?
shall be complexed with
forcible abduction
Even if there are A:
because the abduction
multiple rapes, there is 1. Offender is a private individual
is a necessary means to
only one crime of 2. He kidnaps or detains another, or in any other
commit only the first
kidnapping with rape. manner deprives him of his liberty
rape, thus the other
3. Act of kidnapping or detention is illegal
rape incidents will be
4. Crime is committed without the attendance of
treated as separate
any of the circumstances enumerated in Art.
crimes.
267
If rape is merely
If rape was merely attempted, there is only
Q: What is the effect of the voluntary release of
attempted, 2 separate forcible abduction, the
the victim on the criminal liability of the
crimes are committed- attempt to rape is
kidnappers?
kidnapping and deemed merely a
attempted rape. manifestation of lewd
A: If the offender (a) voluntarily releases the person
designs.
so kidnapped or detained within 3 days from the
commencement of the detention (b) without having
Q: What is the difference between kidnapping and attained the purpose intended and (c) before the
forcible abduction? institution of criminal proceedings against him, his
liability is mitigated.
A:
Kidnapping Forcible Abduction Note: No mitigation of the penalty is allowed when the
At the outset, the At the outset, the taking proceedings have already been instituted for the
212 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
simple reason that in this case, the accused acted Q: What variant crimes are committed if a person
because of fear rather than repentance. is arrested and/or detained?
Unlawful Arrest A:
Art. 269 1. If the arrest is made without a warrant and
under circumstances not allowing a
Q: What are the elements of unlawful arrest? warrantless arrest, the crime would be
unlawful arrest.
A: 2. If the person arrested is not delivered to the
1. Offender arrests or detains another person. authorities, the private individual making the
2. Purpose of the offender is to deliver him to the arrest incurs criminal liability for illegal
proper authorities. detention under Art.267 or 268.
3. Arrest or detention is not authorized by law or 3. If the offender is a public officer, the crime is
there is no reasonable ground therefor. arbitrary detention under Article 124.
4. If the detention or arrest is for a legal ground,
Note: In unlawful arrest, the illegal detention is only but the public officer delays delivery of the
incidental. However, if it is arbitrary detention, it the person arrested to the proper judicial
unlawful arrest which is incidental authorities, the crime is delay in the delivery of
detained persons under Article 125.
Q: Who may be held liable under this article?
Q: What are the distinctions between Delay in the
A: Offender is any person, whether a public officer Delivery of Detained Persons and Unlawful Arrest?
or a private individual. However, the public officer
must not be vested with the authority to arrest or A:
detain a person or must not act in his official Delay In the Delivery of
capacity. Otherwise, Art. 124 is applicable and not Unlawful Arrest
Detained Persons
Art. 269. Detention is for some Detention is not
legal ground authorized by law
Note: If the offender is a public officer or a law Crime is committed by
enforcer and he arrested or detained, without legal or failing to deliver such Committed by making an
reasonable ground, any person within his jurisdiction
person to the proper arrest not authorized by
for the purpose of delivering him to the proper
judicial authority within law
authorities, such officer is guilty of Arbitrary Detention
a certain period
under Art. 124 under the RPC. If the person arrested or
detained is not within his jurisdiction, the officers act
would constitute Unlawful Arrest under this article. Kidnapping and Failure to Return a Minor
Art. 270
Q: What is the essence of the crime of unlawful
arrest? Q: What are the elements of this crime?
A: The arrest must be made for the purpose of A:
delivering the person arrested to the proper 1. Offender is entrusted with the custody of a
authorities but it was made without any reasonable minor person
grounds therefore. 2. He deliberately fails to restore the said minor
to his parents or guardians.
Note: If the purpose is not to deliver the person to the
proper authorities, the crime could be Illegal Detention Note: While one of the essential elements of this crime
under Art. 267 or 268 of the Revised Penal Code since is that the offender was entrusted with the custody of
the person arrested would necessarily be deprived of the minor, what is actually being punished is not the
his liberty. kidnapping but the deliberate failure of that person to
restore the minor to his parents or guardians. As the
Q: Is there a period of detention fixed by law? penalty for such an offense is so severe, the Court
further explained what deliberate as used in Article
A: None. What is controlling is the motive of the 270 means something more than mere negligence- it
offender. If his purpose is to deliver him to the must be premeditated, headstrong, foolishly daring or
proper authorities, it is still unlawful arrest. But the intentionally and maliciously wrong. (People v.
absence of this motive may be shown by the length Marquez, April 2011)
of time the victim is detained.
Q: Can this crime be committed by the parents of of his guardians and it is not necessary that the
the minor? minor actually abandons the home.
A: Yes. This happens where they live separately and Q: What is the rationale for penalizing the crime of
the custody of the minor is given to one of them, inducing a minor to abandon his home?
the other parent kidnaps such minor from the one
having the lawful custody of the child. A: This article is intended to discourage and prevent
disruption of filial relationship and undue
Q: If any of the elements of Art. 270 is absent, interference with the parents right and duty to the
what crime is committed? custody of their minor children and to rear them.
A: The kidnapping of the minor will then fall under Q: What is the main distinction between
Article 267 (kidnapping and serious illegal kidnapping and serious illegal detention and
detention), but if the accused is any of the parents, inducing a minor to abandon his home?
Article 267 does not apply. Articles 270 and 271 will
apply. A:
Kidnapping and Serious Inducing a Minor to
Q: What is the main distinction between Illegal Detention (Art. Abandon his Home
kidnapping and serious illegal detention and 267) (Art. 271)
kidnapping and failure to return a minor? Parents can commit
Cannot be committed by
this crime against their
the parents of the minor.
A: own children.
Kidnapping and
Kidnapping and Failure
Serious Illegal Slavery
to Return a Minor
Detention Art. 272
Offender is not Offender is entrusted
entrusted with the with the custody of the Q: What are the elements of Slavery?
custody of the victim minor
What is punished is the A:
deliberate failure of the 1. That the offender purchases, sells, kidnaps or
Illegally detaining or offender having the detains a human being.
kidnapping the minor custody of the minor to 2. That the purpose of the offender is to enslave
restore him to his such human being.
parents or guardian
Note: If a person was obliged to render service in
Inducing a Minor to Abandon His Home anothers house as a servant without remuneration
Art. 271 whatever and to remain there so long as he has not
paid his debt, the crime of slavery is committed. (Reyes
Q: What are the elements of this crime? vs. Alojado, 16 Phil. 499)
A: Q: Is there any qualifying circumstance?
1. A minor is living in the home of his parents or
guardian or the person entrusted with his A: Yes, such as when the purpose of the offender is
custody. to assign the offended party to some immoral
2. Offender induces said minor to abandon such traffic. E.g. Prostitution
home.
Q: What is the main distinction between slavery
Note: Inducement must be actual, committed with and white slave trade?
criminal intent, and determined by a will to cause
damage. The minor should not leave his home of his A:
own free will. Slavery White SLAVE Trade
The offender is not
The offender is engaged
Q: Is it necessary that the minor actually abandon engaged in
in prostitution.
the home to commit the crime? prostitution.
A: No. What constitutes the crime is the act of Q: How is slavery distinguished from illegal
inducing a minor to abandon his home or the home detention?
214 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
216 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
218 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
A: Yes. In cases where the owner has allowed the the same
rooms or the houses to be rented by other persons,
trespass to dwelling is committed if the owner
thereof enters the room or house without the
knowledge and consent and against the will of the Circumstance qualifying Circumstances
boarder or tenant. the offense: qualifying the offense:
- offense is - offense is committed
Q: Under what circumstances is the crime of committed by at nighttime;
trespass to dwelling not committed? means of violence - any papers or effects
and intimidation. not constituting
A: evidence of a crime are
1. When the purpose of the entrance is to not returned
prevent serious harm to himself, the occupant immediately after the
or third persons. search made by the
2. When the purpose of the offender in entering offender.
is to render some service to humanity or
justice.
Other Forms of Trespass to Dwelling
3. Anyone who shall enter cafes, taverns, inns
Art. 281
and other public houses while they are open.
Q: What are the elements of this crime?
Q: What are the various crimes that may be
committed when a person trespasses a dwelling?
A:
A: 1. Offenders enter the closed premises or the
1. If the purpose in entering the dwelling is not fenced estate of another.
shown, trespass is committed.
Note: The term premises signifies distinct and
2. If the purpose is shown, it may be absorbed in
definite locality. It may mean a room, shop,
the crime as in robbery with force upon things,
building or definite area, but in either case,
the trespass yielding to the more serious locality is fixed.
crime.
3. But if the purpose is not shown and while 2. Entrance is made while either of them is
inside the dwelling he was found by the uninhabited.
occupants, one of whom was injured by him,
the crime committed will be trespass to Note: A place is said to be uninhabited if there is
dwelling and frustrated homicide, physical no one living on such place.
injuries, or if there was no injury, unjust
vexation. 3. Prohibition to enter is manifest.
4. Trespasser has not secured the permission of
Q: What are the distinctions between violation of the owner or the caretaker thereof.
dwelling and trespass to dwelling?
Q: What are the distinctions between trespass to
A: dwelling and trespass to property?
Trespass to Dwelling Violation of Dwelling
Offender is a private Offender is a public A:
person officer Trespass to
Offender enters the Offender either enters Trespass to Property
Dwelling
dwelling of another the dwelling of another Offender is a
against latters will against the latters will Offender is any person.
private person.
and without judicial Offender enters a Offender enters closed
order, searches papers dwelling house. premises or fenced estate.
and other effects Place entered is Place entered is
found therein without inhabited. uninhabited.
previous consent from Act constituting the crime is
the owner, refuses to Act constituting the
entering the closed premises
leave the dwelling crime is entering
or the fenced estate without
when requested by the the dwelling against
securing the permission of
owner after having the will of the
the owner or caretaker
surreptitiously entered owner.
thereof.
220 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
Note: The person making the threats under the 2. Prevention or compulsion be effected by
preceding articles (grave and light threats) may also be violence, threats or intimidation.
required by the court to give bail conditioned upon the
promise not to molest the person threatened or not to Note: The threat must be present, clear,
pursue the threats he made. imminent and actual. Such threat cannot be
made in writing or through a middle man.
If the person making the threat failed to post a bond,
such person can be sentenced to the penalty of 3. Person that restrained the will and liberty of
destierro. another has no authority of law or the right to
do so.
Other Light Threats
Art. 285 Note: Coercion is consummated even if the offended
party did not accede to the purpose of the coercion.
Q: What are the punishable acts under Art. 285? The essence of coercion is an attack on individual
liberty.
A:
1. Threatening another with a weapon, or by Q: What is the purpose of the law in punishing
drawing such weapon in a quarrel, unless it be grave coercion?
in lawful self-defense. Here, the weapon must
not be discharged A: The main purpose of the statute in penalizing
2. Orally threatening another, in the heat of Grace Coercion is precisely to enforce the principle
anger, with some harm constituting a crime, that no person may take the law into his own hands
without persisting in the idea involved in his and that ours is a government of law and not of
threat men. (People vs. Mangosing, CA-G.R. No. 1107-R)
3. Orally threatening to do another any harm not
constituting a felony Q: When can there be grave coercion?
Note: In other light threats, there is no demand for A: Grave coercion arises only if the act which the
money nor any condition imposed is required when offender prevented another to do is not prohibited
the offender threatens the offended party. His acts are by law or ordinance.
limited to verbal threat during the incident involving
him and the offended party. Q: What are the kinds of grave coercion?
Q: What is the nature of other light threats? A:
1. Preventive The offender uses violence to
A: It is not subject to a demand for money or any prevent the victim from doing what he wants
material consideration and the wrong threatened to do. Here, the act prevented is not
does not amount to a crime. prohibited by law.
2. Compulsive The offender uses violence to
Grave Coercions compel the offended party to do what he does
Art. 286 not want to do. The act compelled may or may
not be prohibited by law.
Q: What are the punishable acts?
Q: Suppose a person prohibits another to do an
A: act because the act done is a crime, and violence
1. Preventing another, by means of violence, and intimidation is employed, is there grave
threat or intimidation, from doing something coercion?
not prohibited by law
2. Compelling another, by means of violence, A: No, because the act from which a person is
threat or intimidation, to do something against prevented from doing is a crime. It may only give
his will, whether it be right or wrong rise to threat or physical injuries, if some injuries
are inflicted.
Q: What are the elements of grave coercion?
However, in case of grave coercion where the
A: offended party is being compelled to do something
1. A person prevented another from doing against his will, whether it be wrong or not, the
something not prohibited by law, or that he crime of grave coercion is committed if violence or
compelled him to do something against his intimidation is employed in order to compel him to
will, be it right or wrong. do the act.
Q: What are the qualifying circumstances of Grave Compulsory Purchase of Merchandise and
Coercion? Payment of Wages by Means of Tokens
Art. 288
A:
1. If the coercion is committed in violation of Q: What are the punishable acts and their
the exercise of the right of suffrage elements?
2. If the coercion is committed to compel
another to perform any religious act A:
3. If the coercion is committed to prevent 1. Forcing or compelling, directly or indirectly or
another from performing any religious act knowingly permitting the forcing or compelling
of the laborer or employee of the offender to
Light Coercion purchase merchandise or commodities of any
Art. 287 kind from him.
Q: What are the elements of light coercion? Elements:
a. Offender is any person, agent or
A: officer of any association or
1. Offender must be a creditor corporation
2. He seizes anything belonging to his debtor b. He or such firm or corporation has
3. Seizure of the thing be accomplished by means employed laborers or employees
of violence or a display of material force c. He forces or compels directly or
producing intimidation indirectly, or knowingly permits to be
4. Purpose of the offender is to apply the same to forced or compelled, any of his or its
the payment of the debt laborers or employees to purchase
merchandise or commodities of any
Note: In the other light coercion or unjust vexation kind from him or said firm or
embraced in the second paragraph, violence is absent. corporation
Taking possession of the thing belonging to the debtor,
through deceit and misrepresentation for the purpose 2. Paying the wages due his laborer or employee
of applying the same to the payment of debt is unjust by means of tokens or objects other than the
vexation under the second paragraph of Art. 287. legal tender currency of the Philippines, unless
expressly requested by such laborer or
Q: What is unjust vexation? employee.
A: Unjust vexation is any act committed without Elements:
violence but which unjustifiably annoys or vexes an a. Offender pays the wages due a
innocent person laborer or employee employed by
him by means of tokens or object
Note: In determining whether the crime of unjust b. Those tokens or objects are other
vexation is committed, the offenders act must have
than the legal currency of the
caused annoyance, irritation, vexation, torment,
Philippines
distress or disturbance to the mind of the person to
whom it is directed.
c. Such employee or laborer does not
expressly request that he be paid by
means of tokens or objects
Q: When the property of a debtor is seized, what
Note: The use of tokens, promissory notes,
variant crimes may result?
vouchers, coupons, or any other form alleged to
represent legal tender is absolutely prohibited
A: even when expressly requested by the employee.
1. Light coercion If by means of violence, the
property is applied to the debt.
Formation, Maintenance, and Prohibition or
2. Robbery If the value of the property seized is
Combination of Capital or Labor Through Violence
greater than that of the debt (intent to gain is
or Threats
present in this case) and violence and
Art. 289
intimidation are employed.
3. Estafa If there is no obligation on the part of
the offended party but was only feigned. There Q: What are the elements of this crime?
is estafa because deceit is employed.
222 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
A:
1. Offender employs violence or threats, in a A:
degree as to compel or force the laborers or ART. 230 ART. 290
employees in the free legal exercise of their Public officer comes to Offender is a private
industry or work. know the secret of any individual or even a public
2. Purpose is to organize, maintain or prevent private individual by officer not in the exercise
coalitions of capital or labor, strike of laborers reason of his office. of his official function
or lockout of employers. It is necessary that the
The secret is not offender seizes the
Discovering Secrets through Seizure of necessarily contained papers or letters of
Correspondence in papers or letters. another to discover the
Art. 290 secrets of the latter.
If there is a secret
Reveals the secret
Q: What are the elements of this crime? discovered, it is not
without justifiable
necessary that it be
reason.
A: revealed.
1. Offender is a private individual or even a public
officer not in the exercise of his official Revealing Secrets with Abuse of Office
function Art. 291
2. He seizes the papers or letters of another
3. Purpose is to discover the secrets of such Q: What are the elements of this crime?
another person
4. Offender is informed of the contents of the A:
papers or letters seized 1. Offender is a manager, employee or servant
2. He learns the secrets of his principal or master
Note: It is not applicable to parents, guardians, or in such capacity
persons entrusted with the custody of minors with 3. He reveals such secrets
respect to papers or letters of the children or minors
placed under the care or custody.
Q: What is the essence of this crime?
Q: What is the nature of this crime?
A: The essence of this crime is that the offender
learned of the secret in the course of employment.
A: This is a crime against the security of ones
He is enjoying a confidential relation with the
papers and effects. The purpose must be to
employer or master so he should respect the
discover its effects. The act violates the privacy of
privacy of matters personal to the latter.
communication. It is necessary that the offender
should actually discover the contents of the letter.
Revelation of Industrial Secrets
Note: Contents of the correspondence need not be Art. 292
secret. Prejudice to the offended party is not an
element of the offense. Q: What are the elements of this crime?
Q: What is the meaning of the word seize in this A:
crime? 1. Offender is a person in charge, employee or
workman of a manufacturing or industrial
A: There must be taking possession of papers or establishment
letters of another even for a short time only. If the 2. Manufacturing or industrial establishment has
papers or letters were delivered voluntarily to the a secret of the industry which the offender has
accused, this crime is not committed. learned
Q: What is the qualifying circumstance of the Note: The business secret must not be known to
crime? other business entities or persons. It is a matter
to be discovered, known and used by and must
A: When the offender reveals the contents of such belong to one person or entity exclusively.
rd Secrets must relate to manufacturing process.
paper or letters of another to a 3 person, the
penalty is higher.
3. Offender reveals such secrets
Q: Correlate articles 230 (public officer revealing
secrets of private individual) and 290 of the RPC?
THE ACADEMICS COMMITTEE: U N I V E R S I T Y O F S A N T O T O M A S
CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE I. SANTOS
Facultad de Derecho Civil 223
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
Note: The revelation of the secret might be made the other devices under R.A. No. 4200 as the use
after the employee or workman has ceased to be thereof cannot be considered as "tapping" the wire
connected with the establishment. or cable of a telephone line. (Gaanan v. IAC, G.R.
No. L-69809, Oct. 16, 1986)
4. Prejudice is caused to the owner
Q: Are cassette tapes obtained from wiretapped
Anti Wiretapping Act (R.A. 4200) telephone conversations admissible as evidence?
Q: What are the acts punishable under R.A. 4200? A: No. Under the law, absent a clear showing that
both parties to the telephone conversation allowed
A: It shall be unlawful for any person: the recording of the same, the inadmissibility of the
1. Not being authorized by all the parties to subject tapes is mandatory under RA 4200.
any private communication or spoken (Salcedo-Ortanez v. CA, G.R. No. 110662, Aug. 4,
word, to tap any wire or cable, or by using 1994)
any other device or arrangement, to
secretly overhear, intercept, or record Q: Section 4 provides that any information
such communication or spoken word by obtained is not admissible in evidence in any
using a device commonly known as a judicial, quasi-judicial, legislative or administrative
dictaphone or dictagraph or hearing or investigation. Is this rule of admissibility
detectaphone or walkie-talkie or tape binding on the House of Representatives and
recorder, or however otherwise described Senate of the Philippines which may have their
2. Be he a participant or not in the act or own rules of evidence and procedure in
acts penalized in the next preceding impeachment proceedings?
sentence, to knowingly possess any tape
record, wire record, disc record, or any A: Impeachment proceedings, like disciplinary
other such record, or copies thereof, of proceedings against judges, are neither judicial,
any communication or spoken word quasi-judicial, legislative or administrative in
secured either before or after the character but are sui generes or a class by
effective date of this Act in the manner themselves, which is highly politicized, hence the
prohibited by this law; or to replay the rule on admissibility may be disregarded by
same for any other person or persons; or Congress in its discretion on the theory that
to communicate the contents thereof, political questions are beyond judicial review.
either verbally or in writing, or to furnish However, under Section 1, Article VIII of the
transcriptions thereof, whether complete Constitution, acts of Congress tainted with grave
or partial, to any other person. abuse of discretion may be reviewed by the
Supreme Court.
Note: That the use of such record or any copies
thereof as evidence in any civil, criminal investigation Human Security Act (R.A. 9372)
or trial of offenses mentioned in Sec. 3 hereof, shall
not be covered by this prohibition. Q: What are the other punishable acts aside from
terrorism?
Q: What are the exceptions to the prohibition?
A: Other Punishable Acts:
A: If the wiretapping is done by a public officer who i. Unauthorized or Malicious Examination of
is authorized by written order of the court in cases a Bank or a Financial Institution (Sec. 36)
involving the crimes of treason, espionage, ii. Bank Officials and Employees Defying a
provoking war and disloyalty in case of war, piracy, Court Authorization (Sec. 37)
mutiny in the high seas, rebellion, conspiracy and iii. False or Untruthful Statement or
proposal to commit rebellion, inciting to rebellion, Misrepresentation of Material Fact in
sedition, conspiracy to commit sedition, inciting to Joint Affidavits (Sec. 38)
sedition, kidnapping as defined by the RPC, and iv. Unjustified Refusal to Restore or Delay in
violations of C.A. No. 616, punishing espionage and Restoring Seized, Sequestered and Frozen
other offenses against national security. Bank Deposits, Trust Accounts, Assets,
and Records (Sec. 42)
Q: Is listening to a conversation in an extension v. Loss, Misuse, Diversion or Dissipation of
line of a telephone wire tapping? Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts,
A: No. An extension telephone cannot be placed in Assets, and Records (Sec. 43)
the same category as a dictaphone, dictagraph or
224 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
Q: In case of death or disability of the original investigation, inquiry, proceeding or hearing. (Sec.
applicant who should file the application for 35)
examination of bank deposits?
Q: What are classified information?
A: The one next in rank to the original applicant
among the members of his team shall file the A: The following are classified information:
application for extension. 1. Written order granted by the authorizing
division of the Court of Appeals
The applicant shall have 30 days after the 2. Order of the Court of Appeals, if any to
termination of the period granted by the CA within extend or renew the same
which to file the appropriate case before the Public 3. The original ex parte application of the
Prosecutors Office for any violation of R.A. 9372. If applicant
no case is filed within the said period, the applicant 4. Application to extend or renew, if any
shall immediately notify in writing the person 5. The written authorizations of the Anti-
subject of the bank examination and freezing of Terrorism Council.
accounts. 6. The sealed envelope or sealed package
and the contents thereof, which are
Q: What shall be done after the expiration of the deposited with the authorizing division of
period of authorization? the Court of Appeals
A: All information, data, excerpts, summaries and Q: What is the penalty for the unauthorized
other documents obtained from the examination of revelation of classified materials?
the bank deposits, shall within 48 hours after the
expiration of the period fixed in the written order A: The penalty of 10 years and 1 day to 12 years of
be deposited with the authorizing division of the CA imprisonment shall be imposed upon any person,
in a sealed envelope of package. (Sec. 31) police or law enforcement agent, judicial officer or
civil servant who, not being authorized by the Court
The sealed envelope or package shall not be of Appeals to do so, reveals in any manner or form
opened and its contents shall not be used as any classified information under this Act.
evidence unless authorized in a written order of the
authorizing division of CA. (Sec.33) Anti Trafficking in Persons Act of 2003 (R.A. 9208)
Q: What are the requisites in applying for judicial Q: What are the punishable acts under R.A. 9208?
authorization to open the sealed envelope
containing records of bank account: A: It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
A: 1. To recruit, transport, transfer; harbor,
1. Written application of DOJ filed before the provide, or receive a person by any
authorizing division of CA means, including those done under the
2. Authorization in writing by the Anti-Terrorism pretext of domestic or overseas
Council to file such application employment or training or
3. Notice in writing to the party concerned not apprenticeship, for the purpose of
later than 3 days before the scheduled opening prostitution, pornography, sexual
4. The application and notice must clearly state exploitation, forced labor, slavery,
the reason for opening or using the involuntary servitude or debt bondage
information. 2. To introduce or match for money, profit,
or material, economic or other
Q: What is the evidentiary value of deposited bank consideration, any person or, as provided
materials? for under Republic Act No. 6955, any
Filipino woman to a foreign national, for
A: Any information, data, excerpts, summaries, marriage for the purpose of acquiring,
notes, memoranda, work sheets, reports, or buying, offering, selling or trading
documents acquired from the examination of the him/her to engage in prostitution,
bank deposits, placements, trust accounts, assets pornography, sexual exploitation, forced
and records shall absolutely not be admissible or labor, slavery, involuntary servitude or
usable as evidence against anybody in any judicial, debt bondage
quasi-judicial, legislative, or administrative 3. To offer or contract marriage, real or
simulated, for the purpose of acquiring,
226 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
buying, offering, selling, or trading them Q: What are the acts which promote or facilitate
to engage in prostitution, pornography, trafficking in persons?
sexual exploitation, forced labor or
slavery, involuntary servitude or debt A:
bondage 1. To knowingly lease or sublease, use or allow to
4. To undertake or organize tours and travel be used any house, building or establishment
plans consisting of tourism packages or for the purpose of promoting trafficking
activities for the purpose of utilizing and persons
offering persons for prostitution, 2. To produce, print and issue or distribute
pornography or sexual exploitation unissued, tampered or fake counseling
5. To maintain or hire a person to engage in certificates, registration stickers and
prostitution or pornography certificates of any government agency which
6. To adopt or facilitate the adoption of issues these certificates and stickers as proof
persons for the purpose of prostitution, of compliance with government regulatory and
pornography, sexual exploitation, forced pre departure requirement for the purpose of
labor, slavery, involuntary servitude or promoting trafficking in persons
debt bondage 3. To advertise, publish, print, broadcast or
7. To recruit, hire, adopt, transport or distribute, or cause the advertisement,
abduct a person, by means of threat or publication, printing, broadcasting or
use of force, fraud, deceit, violence, distribution by any moans, including the use of
coercion, or intimidation for the purpose information technology and the internet, of
of removal or sale of organs of said any brochure, flyer or any propaganda
person material that promotes trafficking in persons
8. To recruit, transport or adopt a child to 4. To assist in the conduct of misrepresentation
engage in armed activities in the or fraud for purposes of facilitating the
Philippines or abroad.(Sec.4) acquisition of clearances and necessary exit
documents from government agencies that are
Note: Trafficked persons shall be recognized as victims mandated to provide pre-departure
of the act or acts of trafficking and as such shall not be registration and services for departing persons
penalized for crimes directly related to the acts of for the purpose of promoting trafficking in
trafficking enumerated in this Act or in obedience to persons
the order made by the trafficker in relation thereto. In 5. To facilitate, assist or help in the exit and entry
this regard, the consent of a trafficked person to the of persons from/to the country at international
intended exploitation set forth in this Act shall be
and local airports, territorial boundaries and
irrelevant. (Sec. 17)
seaports who are in possession of unissued,
tampered or fraudulent travel documents for
Q: Ronnie was able to convince Lolita to work as a
the purpose of promoting trafficking in
restaurant entertainer in Malaysia. When they
persons
were already at the restaurant, a Filipina woman
6. To confiscate, conceal, or destroy the passport,
working there said that the place is a prostitution
travel documents, or personal documents or
den and the women there are used as prostitutes.
belongings of trafficked persons in furtherance
Lolita was forced to work as entertainer. Several
of trafficking or to prevent them from leaving
customers used Lolita many times. Some even had
the country or seeking redress from the
sexual intercourse with her every hour. Ronnie
government or appropriate agencies
was then sued for Trafficking in Persons. He claims
7. To knowingly benefit from, financial or
that he cannot be convicted of the crime of
otherwise or make use of, the labor or services
because he was not part of the group that
of a person held to a condition of involuntary
transported Lolita from the Philippines to
servitude, forced labor or slavery (Sec. 5)
Malaysia. Is he correct?
Q: When can the crime of trafficking be qualified?
A: No. Trafficking in Persons under Sections 3(a)
and 4 of RA 9208 is not only limited to
A:
transportation of victims, but also includes the act
1. The offended party is a minor
of recruitment of victims for trafficking. The crime
2. The adoption is effected through R.A. 8043
of recruitment for prostitution also constitutes
and said adoption is for the purpose of
trafficking. (People v Lali y Purih, G.R. No. 195419,
prostitution, pornography, sexual exploitation,
October 12, 2011)
forced labor, slavery, involuntary servitude or
debt bondage
228 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
230 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
robbery, because it is only the result which matters, of robbery and rape. There is no law providing for the
without reference to the circumstances or causes or additional rape/s or homicide/s for that matter to be
persons intervening in the commission of the crime considered as aggravating circumstance. It further
which must be considered. (People v. Domingo, 184 observed that the enumeration of aggravating
SCRA 409) circumstances under Art. 14 of the Revised Penal Code
is exclusive, unlike in Art. 13 of the same Code, which
enumerates the mitigating circumstances where
Q: Should intent to commit robbery precede the
analogous circumstances may be considered. (People
killing?
v. Regala, G.R. No. 130508, April 5, 2000; People v.
Sultan, G.R. No. 132470, April 27, 2000)
A: Yes. The offender must have the intent to take
personal property before the killing.
Q: What are the elements of robbery with rape?
Q: Suppose the victims were killed, not for the
A:
purpose of committing robbery and the idea of
1. The taking of personal property is committed
taking the money and other personal property of
with violence or intimidation against persons;
the victims was conceived by the culprits only
2. The property taken belongs to another;
after killing. Is this a case of robbery with
3. The taking is characterized by intent to gain or
homicide?
animus lucrandi; and
4. The robbery is accompanied by rape.
A: No, because the intention of the perpetrators is
really to kill the victim and robbery came only as an Note: For a conviction of the crime of robbery with
afterthought. The perpetrators are liable for two rape to stand, it must be shown that the rape
separate crimes of robbery and homicide or was committed by reason or on the occasion of
murder, (qualified by abuse of superior strength). a robbery and not the other way around. This special
(People v. Domingo, 184 SCRA 409) complex crime under Article 294 of the Revised Penal
Code contemplates a situation where the original
Note: There is no crime of robbery in band with intent of the accused was to take, with intent to gain,
murder or robbery with homicide in band or robbery personal property belonging to another and rape is
with multiple homicides. If on the occasion of the committed on the occasion thereof or as an
robbery with homicide, robbery with force upon things accompanying crime. (People v. Gallo, August 2011)
was also committed, you will not have only one
robbery but you will have a complex crime of robbery Q: In case there is conspiracy, are all conspirators
with homicide and robbery with force upon things liable for the crime of robbery with rape?
Q: Is there a crime of robbery with multiple A: Yes. In People v. Suyu, it was ruled that once
homicide? conspiracy is established between several accused
in the commission of the crime of robbery, they
A: There is no crime of robbery with multiple would all be equally culpable for the rape
homicide under the RPC. The crime is robbery with committed by anyone of them on the occasion of
homicide notwithstanding the number of homicides the robbery, unless anyone of them proves that he
committed on the occasion of the robbery and even endeavored to prevent the others from committing
if murder, physical injuries and rape were also rape. (People v. Gallo, ibid.)
committed on the same occasion. (People v. Hijada,
G.R. No. 123696, Mar. 11, 2004) Q: Together XA, YB and ZC planned to rob Miss
OD. They entered her house by breaking one of
Robbery with Rape (Par. 2) the windows in her house. After taking her
personal properties and as they were about to
Q: What is the crime of robbery with rape? leave, XA decided on impulse to rape OD. As XA
was molesting her, YB and ZC stood outside the
A: The crime of robbery with rape is a crime against door of her bedroom and did nothing to prevent
property which is a single indivisible offense. The XA from raping OD. What crime or crimes did XA,
rape accompanies the robbery. In a case where YB and ZC commit, and what is the criminal
rape and not homicide is committed, there is only a liability of each?
crime of robbery with rape if both the robbery and
the rape are consummated. A: The crime committed by XA, YB and ZC is the
composite crime of robbery with rape, a single,
Note: Although the victim was raped twice on the indivisible offense under Art. 294(1) of the RPC.
occasion of Robbery, the additional rape is not
considered as aggravating circumstances in the crime
Although the conspiracy among the offenders was their parents to come out with the money. What
only to commit robbery and only XA raped CD, the crime/s is/are committed by the robbers?
other robbers, YB and ZC, were present and aware
of the rape being committed by their co- A: The detention was a necessary means to
conspirator. Having done nothing to stop XA from facilitate the robbery. Thus, the offenders will be
committing the rape, YB and ZC thereby concurred held liable for the complex crimes of robbery with
in the commission of the rape by their co- serious physical injuries and serious illegal
conspirator XA. detention. But if the victims were detained because
of the timely arrival of the police, such that the
The criminal liability of all, XA, YB and ZC, shall be offenders had no choice but to detain the victims as
the same, as principals in the special complex crime hostages in exchange for their safe passage, the
of robbery with rape which is a single, indivisible detention is absorbed by the crime of robbery and
offense where the rape accompanying the robbery is not treated as a separate crime.
is just a component. (2004 Bar Question)
Robbery with Arson (R.A. 7659)
Q: Does the criminal intent to gain precede the
intent to rape? Q: How is this crime committed?
A: Yes. The law does not distinguish whether rape A: The composite crime would only be committed if
was committed before, during or after the robbery. the primordial intent of the offender is to commit
It is enough that the robbery accompanied the robbery and there is no killing, rape, or intentional
rape. Robbery must not be a mere accident or mutilation committed by the offender during the
afterthought. robbery. Otherwise, the crime would be robbery
with homicide, or robbery with rape, or robbery
Illustration: with intentional mutilation, in that order and the
arson would only be an aggravating circumstance.
Where 6 accused entered the house of the
offended party, brandishing firearms and Q: Should robbery precede arson?
knives and after ransacking the house for
money and jewelry, brought the offended A: Yes, it is essential that robbery precede the
party out of the house to a grassy place where arson, as in the case of rape and intentional
she was ordered to undress and although she mutilation, because the amendment included arson
was able to run away, was chased and caught, among the rape and intentional mutilation which
and thereafter raped by all of the accused, the have accompanied the robbery.
latter committed robbery with rape. (People v.
Villagracia, 226 SCRA 374) Note: Arson has been made a component only of
robbery with violence against or intimidation of
ROBBERY WITH PHYSICAL INJURIES persons but not of robbery by the use of force upon
things. Hence, if the robbery was by the use of force
Q: Should the physical injuries be serious? upon things and therewith arson was committed, two
distinct crimes are committed.
A: Yes, to be considered as such, the physical
injuries must always be serious. If the physical OTHER CASES OF SIMPLE ROBBERY (Par. 5)
injuries are only less serious or slight, they are
absorbed in the robbery. The crime becomes Q: How is this crime committed?
merely robbery. But if the less serious physical
injuries were committed after the robbery was A: Any kind of robbery with less serious physical
already consummated, there would be a separate injuries or slight physical injuries fall under this
charge for the less serious physical injuries. It will specie of robbery.
only be absorbed in the robbery if it was inflicted in
the course of the execution of the robbery. The Note: But where there is no violence exerted to
same is true in the case of slight physical injuries. accomplish the snatching, the crime committed is not
robbery but simple theft.
Q: Suppose a gang robbed a mansion in Forbes There is sufficient intimidation where the acts of the
Park. On the occasion of the robbery, physical offender inspired fear upon the victim although the
accused was not armed.
injuries were inflicted on the household members.
The robbers also detained the children to compel
232 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
Robbery with Physical Injuries, Committed in an Note: The term homicide is used in a generic sense. It
Uninhabited Place and by a Band, or with the Use includes murder, parricide and infanticide.
of Firearm on a Street, Road or Alley
Art. 295 Execution of Deeds by Means of Violence or
Intimidation
Q: What are the qualifying circumstances of this Art. 298
crime?
Q: What are the elements of this crime?
A: If committed:
1. In an uninhabited place A:
2. By a band 1. Offender has intent to defraud another
3. By attacking a moving train, street car, 2. Offender compels him to sign, execute, or
motor vehicle, or airship deliver any public instrument or document
4. By entering the passengers 3. Compulsion is by means of violence or
compartments in a train, or in any intimidation
manner taking the passengers thereof by
surprise in the respective conveyances Note: Applies even if the document signed, executed
5. On a street, road, highway, or alley, and or delivered is a private or commercial document.
the intimidation is made with the use of
firearms, the offender shall be punished Q: What distinguishes robbery by execution of
by the maximum periods of the proper deeds from grave coercion?
penalties prescribed in Art.294
A:
Q: When does this Article not apply? ROBBERY BY GRAVE COERCION
EXECUTION OF DEEDS
A: In cases of Robbery with homicide, robbery with There is an intent to No intent to gain
intentional mutilation, robbery with rape and gain
robbery with serious physical injuries resulting in There is an intent to There is no intent to
insanity, imbecility, impotency or blindness. This is defraud defraud
because the Article omitted these crimes in the
enumeration. (Reyes, 2008) Robbery in an Inhabited House or Public Building
or Edifice Devoted to Worship
Robbery Committed by a Band Art. 299
Art. 296
Q: What are the elements of the 1st kind of
Q: When is robbery committed by a band? robbery with force upon things under Art. 299?
A: When at least 4 armed malefactors take part in A:
the commission of a robbery, it is deemed 1. Offender entered an inhabited house, or public
committed by a band. building, or edifice devoted to religious
worship.
Note: If any arm used be unlicensed firearm, the 2. Entrance was effected by any of the following
penalty imposed upon all the malefactors shall be the means:
maximum of the corresponding penalty provided by a. Through an opening not intended for
law, without prejudice to the criminal liability for entrance or egress;
illegal possession of such firearms. This is a special
b. By breaking any wall, roof, or floor or
aggravating circumstance applicable only in a case of
breaking any door or window;
robbery in band.
c. By using false keys, picklocks or similar
tools, or
Attempted and Frustrated Robbery Committed d. By using any fictitious name or pretending
under Certain Circumstances the exercise of public authority.
Art. 297 3. Once inside the building, the offender took
personal property belonging to another with
Q: Where does this article apply? intent to gain.
A: It applies when homicide is committed on the Q: What does force upon things mean?
occasion of an attempted or frustrated robbery.
234 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
created by the accidental bumping of a the last paragraph of Art. 299. (US v. Tapan, 20
vehicle in the stores wall was made the Phil. 211)
entrance of the malefactor, the taking of the
personal property inside the store is robbery Robbery of Cereals, Fruits, or Firewood in an
and not theft because the hole is not
Uninhabited Place or Private Building
intended for entrance or egress.
Art.303
b. Wall, roof, floor, or outside door or
window was broken, Q: When does this Article apply?
Note: Like Robbery in an inhabited house, A: This applies when the robbery was committed by
the breaking should be made in order to the use of force upon things, without violence
effect the entrance into the place. So if the against or intimidation of any person in an
wall, roof, floor etc. was broken in the inhabited house, public building, or edifice devoted
course of escaping, the act committed is not to religious worship (Art. 299) or in uninhabited
Robbery. place or private building (Art. 302).
c. Entrance was effected through the use of Possession of Picklocks or Similar Tools
false keys, picklocks or other similar tools Art. 304
d. Door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken Q: What are the elements of this crime?
e. Closed or sealed receptacle was removed,
even if the same be broken open A:
elsewhere 1. Offender has in his possession picklocks or
similar tools.
Note: Under letters d and e, the robber did 2. Such picklocks or similar tools are specially
not enter through a window or effected adopted to the commission of robbery.
entrance by breaking the floor, door, wall, 3. Offender does not have lawful cause for such
etc., otherwise these circumstances by
possession.
themselves already make the act as that of
robbery. In these 2 cases, the robbers
entered through the door, and once inside, False Keys
broke wardrobe, sealed or close receptacles Art. 305
etc., or took away closed or sealed
receptacle to be broken elsewhere. Q: What do false keys include?
3. With intent to gain, the offender took A: False keys include:
therefrom personal property belonging to 1. Picklocks or similar tools
another. 2. Genuine keys stolen from the owner
3. Any key other than those intended by the
Q: In committing robbery in a store, what crime is owner for use in the lock forcibly opened
committed? by the offender.
A: Note: Possession of false keys in pars. 2 and 3 above
1. If the store is used as a dwelling of one or are not punishable. If the key was entrusted to the
more persons, the robbery committed therein offender and he used it to steal, crime is not robbery
would be considered as committed in an but theft.
inhabited house under Art. 299. (People v.
Suarez, G.R. No. L-6431, March 29, 1954) Brigandage
2. If the store was not actually occupied at the Art. 306
time of the robbery and was not used as a
dwelling, since the owner lived in a separate Q: When can there be brigandage?
house, the robbery committed therein is
punished under Art. 302. (People v. Silvestre, A: There is brigandage when:
34 O.G. 1535) 1. There be at least four armed malefactors
3. If the store is located on the ground floor of 2. They formed a band of robbers
the house belonging to the owner, having an 3. The purpose is any of the following:
interior entrance connected therewith, it is a a. To commit robbery in the highway
dependency of an inhabited house and the b. To kidnap persons for the purpose of
robbery committed therein is punished under extortion or to obtain ransom
THE ACADEMICS COMMITTEE: U N I V E R S I T Y O F S A N T O T O M A S
CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE I. SANTOS
Facultad de Derecho Civil 235
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
236 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
2. Those who having found lost property, fail to long as the property taken does not belong to the
deliver the same to the local authorities or to accused who has a valid claim thereover, it is
its owner. immaterial whether said offender stole it from the
owner, a mere possessor, or even a thief of the
Note: Lost property includes stolen property so property. (Miranda v. People, January 2012)
that the accused who found a stolen horse is
liable if he fails to deliver the same to the owner Illustration:
or to the authorities since the term lost is
generic in nature and embraces loss by stealing or Where the finder of the lost or mislaid
by any act of a person other than the owner as property entrusts it to another for delivery to a
well as by the act of the owner himself through designated owner, the person to whom it is
same casual occurrence. (People v. Rodrigo, G.R.
thus confided, assumes by voluntary
No. L-18507, Mar. 31, 1966)
substitution, as to both the property and the
owner, the same relation as was occupied by
3. Those who after having maliciously damaged
the finder. If he misappropriates it, he is guilty
the property of another, remove or make use
of Theft as if he were the actual finder of the
of the fruits or object of the damage caused by
same. (People v. Avila, 44 Phil. 720 [1923])
them.
Q: Mario found a watch in a jeep he was riding,
4. Those who enter an enclosed estate or a field
and since it did not belong to him, he approached
where trespass is forbidden or which belongs
policeman P and delivered the watch with
to another and, without the consent of its
instruction to return the same to whoever may be
owner, hunt or fish upon the same or gather
found to be the owner. P failed to return the
fruits, cereals or other forest or farm products.
watch to the owner and, instead, sold it and
appropriated for himself the proceeds of the sale.
Q: What are the elements of theft?
Charged with theft, P reasoned out that he cannot
be found guilty because it was not he who found
A:
the watch and moreover, the watch turned out to
1. There is taking of personal property
be stolen property. Is P's defense valid?
2. Property taken belongs to another
3. Taking was done with intent to gain
A: No, P's defense is not valid. In a charge for theft,
4. Taking was done without the consent of the
it is enough that the personal property subject
owner
thereof belongs to another and not to the offender.
It is irrelevant whether the person deprived of the
Illustration:
possession of the watch has or has no right to the
watch. Theft is committed by one who, with intent
While praying in church, A felt and saw his
to gain, appropriates property of another without
wallet being taken by B, but because of the
the consent of its owner. And the crime is
solemnity of the proceedings, did not make
committed even when the offender receives
any move; while the taking was with his
property of another but acquires only physical
knowledge, it was without his consent, and
possession to hold the same. (1998 Bar Question)
Theft is committed.
Q: What is the test to determine whether an
5. Taking is accomplished without the use of
object can be the subject of theft?
violence against or intimidation of persons of
force upon things.
A: The test of what is the proper subject of larceny
seems to be not whether the subject is corporeal
Q: What is the meaning of taking in law?
but whether it is capable of appropriation by
another.
A: It means the act of depriving another of the
possession and dominion of movable property. The
Q: When is unlawful taking complete?
taking must be accompanied by the intention, at
the time of the taking, of withholding the thing with
A: Unlawful taking is deemed complete from the
some character of permanency.
moment the offender gains possession of the thing,
even if he has no opportunity to dispose of the
Q: Is ownership material in theft?
same.
A: No. The subject of the crime of theft is any
personal property belonging to another. Hence, as
Q: In theft, is it required for the thief to be able to sleep in the house of the complainant out of the
carry away the thing taken from the owner? latters pity and charity, but stole the latters
money in his house when he left the place.
A: No, the consummation of this crime takes place
upon the voluntary and malicious taking of the 3. If the property stolen is a motor vehicle, mail
property which is realized upon the material matter or large cattle
occupation of the taking, that is, when he had full 4. If the property stolen consist of coconuts
possession thereof even if he did not have the taken from the premises of a plantation
opportunity to dispose of the same. 5. If the property stolen is fish taken from a
fishpond or fishery
Note: Proof that the accused is in possession of a 6. If property is taken on the occasion of fire,
recently stolen property gives rise to a valid earthquake, typhoon, volcanic eruption, or
presumption that he stole the property. any other calamity, vehicular accident or civil
disturbance.
Q: Can there be a crime of frustrated theft?
Q: Accused-appellant is a Branch Manager of UCC.
A: No. Unlawful taking, which is the deprivation of It was alleged that he used the credit line of
ones personal property, is the element which accredited dealers in favor of persons who either
produces the felony in its consummated stage. At had no credit lines or had exhausted their credit
the same time, without unlawful taking as an act of lines. He diverted cement bags from the
execution, the offense could only be attempted companys Norzagaray Plant or La Union Plant to
theft, if at all. With these considerations, under truckers who would buy cement for profit. In
Article 308 of the RPC, theft cannot have a these transactions, he instructed the customers
frustrated stage. Theft can only be attempted or that payments be made in the form of Pay to
consummated. (Valenzuela v. People, June 2007) Cash checks, for which he did not issue any
receipts. He did not remit the checks but these
Note: The ability of the offender to freely dispose of were either encashed or deposited to his personal
the property stolen is not a constitutive element of the bank account. What is the crime committed?
crime of theft. Such factor runs immaterial to the
statutory definition of theft, which is the taking, with A: Qualified theft through grave abuse of
intent to gain, of personal property of another without confidence. His position entailed a high degree of
the latters consent. confidence, having access to funds collected from
UCC clients. As Branch Manager of UCC who was
Q: What is the distinction between theft and authorized to receive payments from UCC
estafa? customers, he gravely abused the trust and
confidence reposed upon him by the management
A: of UCC. Precisely, by using that trust and
Theft Estafa confidence, accused-appellant was able to
The crime is theft if only Where both the perpetrate the theft of UCC funds to the grave
the physical or material material and juridical prejudice of the latter. (People v. Mirto, October
possession of the thing possession are 2011)
is transferred. transferred,
misappropriation of the Q. Mrs. S was a bank teller. In need of money, she
property would took P5,000.00 from her money drawer and made
constitute estafa. it appear that a certain depositor made a
withdrawal from his account when in fact no such
Qualified Theft withdrawal was made. What crime was committed
Art. 310 by Mrs. S?
Q: When is theft qualified? A: Mrs. S is liable for qualified theft. Mrs. S was only
in material possession of the deposits as she
A: received the same in behalf of the bank. Juridical
1. If theft is committed by a domestic servant possession remains with the bank. Juridical
2. If the theft is committed with grave abuse of possession means possession which gives the
confidence transferee a right over the thing which the
transferee may set up even against the owner. If a
Note: If the offense is to be qualified by abuse of bank teller appropriates the money for personal
confidence, the abuse must be grave, like an gain then the felony committed is theft. Further,
accused who was offered food and allowed to since Mrs. S occupies a position of confidence, and
238 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
the bank places money in her possession due to the A: Entering or occupying public agricultural land
confidence reposed on her, the felony of qualified including public lands granted to private individuals.
theft was committed. (Roque v. People G.R. No.
138954 Nov. 25, 2004) Q: Who are squatters?
Theft of the Property of the National Library and A:
National Museum 1. Those who have the capacity or means to pay
Art. 311 rent or for legitimate housing but are squatting
anyway.
Note: Theft of property of National Library and 2. Also the persons who were awarded lots but
National Museum has a fixed penalty regardless of its sold or lease them out.
value, but if the crime is committed with grave abuse 3. Intruders of lands reserved for socialized
of confidence, the penalty for qualified theft shall be housing, pre-empting possession by occupying
imposed. the same. (Urban Development and Housing
Act)
USURPATION
Altering Boundaries or Landmarks
Occupation of Real Property or Usurpation of Real Art. 313
Rights in Property
Art. 312 Q: What are the elements of this crime?
Q: What are the punishable acts? A:
1. There are boundary marks or monuments of
A: towns, provinces, or estates, or any other
1. Taking possession of any real property marks intended to designate the boundaries of
belonging to another. the same.
2. Usurping any real rights in property belonging 2. Offender alters said boundary marks.
to another.
Note: Intent to gain is not necessary. The mere act of
Q: What are the elements of this crime? altering or destruction of the boundary marks is
sufficient.
A:
1. Offender takes possession of any real property CULPABLE INSOLVENCY
or usurps any real rights in property.
2. Real property or real rights belongs to another. Fraudulent Insolvency
3. Violence against or intimidation of persons is Art. 314
used by the offender in occupying real
property or usurping real rights in property. Q: What are the elements of fraudulent
4. There is intent to gain. insolvency?
Note: If the accused is the owner of the property A:
which he usurped from the possessor, he cannot be 1. Offender is a debtor, that is, he has obligations
held liable for usurpation. Considering that this is a due and payable.
crime against property, there must be intent to gain. In 2. He absconds with his property.
the absence of the intent to gain, the act may
3. There be prejudice to his creditors.
constitute coercion.
Note: The fraud must result to the prejudice of his
Q: What if in the act of occupying a real property, creditors. If the accused concealed his property
somebody was killed, can there be a separate fraudulently but it turned out that he has some other
charge of homicide? property with which to satisfy his obligation, he is not
liable under this article.
A: If homicide was used in order to occupy the
property, then homicide is absorbed. If a person Q: What is the essence of this crime?
was killed after the offender has already occupied
the property, he is liable for a separate charge of A: The essence of the crime is that any property of
homicide the debtor is made to disappear for the purpose of
evading the fulfillment of the obligations and
Q: What is punished by R.A. 947?
THE ACADEMICS COMMITTEE: U N I V E R S I T Y O F S A N T O T O M A S
CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE I. SANTOS
Facultad de Derecho Civil 239
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
liabilities contracted with one or more creditors to a. Offender has an onerous obligation to
the prejudice of the latter deliver something of value
b. He alters its substance, quantity, or
Note: Being a merchant qualifies the crime as the quality
penalty is increased. c. Damage or prejudice is caused to another
SWINDLING AND OTHER DECEITS Illustration:
Swindling (Estafa) Where the accused is bound by virtue of a
Art. 315 contract of sale, payment having been
received to deliver first class of rice (e.g.
Q: What are the elements of estafa in general? milagrosa) but delivered an inferior kind, or
that he bound himself to deliver 1000 sacks
A: but delivered less than 1000 because the other
1. Accused defrauded another by abuse of sacks were filled with different materials, he is
confidence or by means of deceit This covers guilty of estafa with unfaithfulness or abuse of
the three different ways of committing estafa confidence by altering the quantity or quality
under Article 315; thus, estafa is committed: of anything of value by virtue of an obligation
a. With unfaithfulness or abuse of to do so.
confidence
b. By means of false pretenses or fraudulent 2. Under paragraph (b):
acts; or a. Money, goods, or other personal property
c. Through fraudulent means is received by the offender in trust, or on
2. Damage or prejudice capable of pecuniary commission, or for administration, or
estimation is caused to the offended party or under any other obligation involving the
third person. duty to make delivery of, or to return, the
same
Illustration: b. There is misappropriation or conversion
of such money or property by the
When the accused deceived the complainants offender, or denial on his part of such
into believing that there were indeed jobs receipt
waiting for them in Taiwan, and the latter sold c. Such misappropriation or conversion or
their carabaos, mortgaged or sold their parcels denial is to the prejudice of another; and
of land and even contracted loans to raise the d. There is a demand made by the offended
P40,000.00 placement fee required of them by party to the offender
the accused, the assurances given by the latter
made the complainants part with whatever Note: The fourth element is not necessary
resources they had, clearly establishing deceit when there is evidence of misappropriation
and damage which constitute the elements of of the goods by the defendant.
estafa (People v. Bautista, 214 SCRA 216).
Under P.D. 115 (Trust Receipts Law), the Illustration:
failure of the entrustee to turn over the
proceeds of the sale of the goods, documents, The accused received in trust the money from
or instruments covered by a trust receipt, to the complainants for the particular purpose of
the extent of the amount owing to the investing the same with the Philtrust
entruster, or as appearing in the trust receipt; Investment Corp. with the obligation to make
or the failure to return said goods, documents, delivery thereof upon demand but failed to
or instruments if they were not sold or return the same despite demands. It was
disposed of in accordance with the terms of admitted that she used the money for her
the trust receipt constitute estafa. business. Accused is guilty of estafa through
misappropriation. (Fontanilla v. People, 258
Q: What are the elements of estafa with SCRA 460)
unfaithfulness of abuse of confidence under
Article 315 (1)? A money market transaction however partakes
of the nature of a loan, and non-payment
A: thereof would not give rise to criminal liability
1. Under paragraph (a): for estafa through misappropriation or
conversion. In money market placements, the
unpaid investor should institute against the
240 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
middleman or dealer, before the ordinary but sold the ring, kept the cash proceeds thereof
courts, a simple action for recovery of the to herself, and issued a check to Victoria which
amount he had invested, and if there is bounced. Victoria sued Rosa for estafa under
allegation of fraud, the proper forum would be Article 315, RPC, Victoria insisting that delivery to
the SEC. (Sesbreno v. CA, 240 SCRA 606) a third person of the thing held in trust is not a
defense in estafa. Is Rosa criminally liable for
3. Under paragraph (c): estafa under the circumstances?
a. The paper with the signature of the
offended party is in blank; A: No, Rosa cannot be held criminally liable for
b. Offended party delivered it to the estafa. Although she received the jewelry from
offender; Victoria under an obligation to return the same or
c. Above the signature of the offended deliver the proceeds thereof, she did not
party, a document is written by the misappropriate it. In fact, she gave them to Aurelia
offender without authority to do so; specifically to be returned to Victoria. The
d. The document so written creates a misappropriation was done by Aurelia, and absent
liability of, or causes damage to, the the showing of any conspiracy between Aurelia and
offended party or any third person. Rosa, the latter cannot be held criminally liable for
Aurelia's acts. Furthermore, Rosa's negligence
Q: Is the accuseds mere failure to turn over the which may have allowed Aurelia to misappropriate
thing delivered to him in trust despite demand and the jewelry does not make her criminally liable for
the duty to do so, constitute estafa under Art. 315 estafa. (1999 Bar Question)
par 1 (b)?
Q: What are the elements of estafa by means of
A: No. The essence of estafa under Art. 315 (1) (b) false pretenses or fraudulent acts under Article
of the RPC is the appropriation or conversion of 315 (2)?
money or property received, to the prejudice of the
owner thereof. It takes place when a person A:
actually appropriates the property of another for 1. Under paragraph (a)
his own benefit, use and enjoyment. The failure to a. Using fictitious name
account, upon demand, for funds or property held b. Falsely pretending to possess power,
in trust is a mere circumstantial evidence of influence, qualifications, property, credit,
misappropriation. In other words, the demand for agency, business or imaginary
the return of the thing delivered in trust and the transactions; or
failure of the accused to account for it are c. By means of other similar deceits
circumstantial evidence of misappropriation.
However, this presumption is rebuttable. If the 2. Under paragraph (b) Altering the quality,
accused is able to satisfactorily explain his failure to fineness, or weight of anything pertaining to
produce the thing delivered in trust, he may not be his art or business.
held liable for estafa. In the case at bar, however,
since the medrep failed to explain his inability to 3. Under paragraph (c) Pretending to have
produce the thing delivered to him in trust, the rule bribed any government employee, without
that the failure to account, upon demand, for prejudice to the action for calumny which the
funds or property held in trust is circumstantial offended party may deem proper to bring
evidence of misappropriation applies without against the offender.
doubt. (Filadams Pharma, Inc. v. CA, G.R. No.
132422, Mar. 30, 2004) 4. Under paragraph (d) postdating a check or
issuing a check in payment of an obligation
Q: Aurelia introduced Rosa to Victoria, a dealer in
jewelry who does business in Timog, Quezon City. 5. Under paragraph (e)
Rosa, a resident of Cebu City, agreed to sell a a. By obtaining food, refreshment or
diamond ring and bracelet for Victoria on a accommodation at a hotel, inn,
commission basis, on condition that, if these items restaurant, boarding house, lodging
can not be sold, they may be returned to Victoria house or apartment house without paying
forthwith. Unable to sell the ring and bracelet, therefor, with intent to defraud the
Rosa delivered both items to Aurelia in Cebu City proprietor or the manager thereof
with the understanding that Aurelia shall, in turn, b. By obtaining credit at any of said
return the items to Victoria in Timog, Quezon City. establishments by the use of any false
Aurelia dutifully returned the bracelet to Victoria pretense
242 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
borrows the folder of the case, and removes or Q: What is novation theory and when does this
destroys a document which constitutes apply?
evidence in the said case, said lawyer is guilty
of estafa under par.3(c). A: Novation theory contemplates a situation
wherein the victims acceptance of payment
Q: What does fraud and deceit in the crime of converted the offenders criminlal liability to a civil
estafa mean? obligation. It applies only if there is a contractual
relationship between the accused and the
A: In Alcantara v. Court of Appeals, this Court, complainant.
citing People v. Balasa, explained the meaning
of fraud and deceit, viz.: Q: Does a novation or compromise affect the
criminal liability of a person accused of estafa?
Fraud in its general sense is deemed to comprise Explain.
anything calculated to deceive, including all acts,
omissions, and concealment involving a breach of A: Novation or compromise does not affect criminal
legal or equitable duty, trust, or confidence justly liability of the offender of the accused. So, partial
reposed, resulting in damage to another, or by payment or extension of time to pay the amount
which an undue and unconscientious advantage is misappropriated or acceptance of a promissory
taken of another. It is a generic term embracing all note for payment of the amount involved does not
multifarious means which human ingenuity can extinguish criminal liability, because a criminal
device, and which are resorted to by one individual offense is committed against the people and the
to secure an advantage over another by false offended party may not waive or extinguish the
suggestions or by suppression of truth and includes criminal liability that the law imposes for the
all surprise, trick, cunning, dissembling and any commission of the offense. In order that novation
unfair way by which another is cheated. And deceit of contract may relieve the accused of criminal
is the false representation of a matter of fact liability, the novation must take place before the
whether by words or conduct, by false or criminal liability is incurred; criminal liability for
misleading allegations, or by concealment of that estafa is not affected by compromise or novation of
which should have been disclosed which deceives contact for it is a public offense which must be
or is intended to deceive another so that he shall prosecuted and punished by the State at its own
act upon it to his legal injury. (Lateo y Eleazar v. volition.
People, June 2011)
Q: Does payment of an obligation before the
Q: Is demand a condition precedent to the institution of the complaint relieve the offender
existence of Estafa? from liability?
A: GR: There must be a formal demand on the A: No. Mere payment of an obligation before the
offender to comply with his obligation before he institution of a criminal complaint does not, on its
can be charged with estafa. own, constitute novation that may prevent criminal
liability. The criminal liability for estafa already
XPN: committed is not affected by the subsequent
1. When the offenders obligation to comply novation of contract, for it is a public offense which
is subject to a period, and must be prosecuted and punished by the State.
2. When the accused cannot be located (Milla v. People, Jan. 25, 2012)
despite due diligence.
244 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
Q: Can a person be charged with estafa and illegal a. That the thing disposed of is real
recruitment? property;
A: Yes. It is settled that a person may be charged Note: If the thing encumbered is a
and convicted separately of illegal recruitment personal property, it is Art. 319 (selling
under Republic Act No. 8042, in relation to the or pledging personal property) which
Labor Code, and estafa under Article 315, governs and not this Article
paragraph 2(a) of the Revised Penal Code. We
explicated in People v. Cortez and Yabut that: In this b. Offender knew that the real property
jurisdiction, it is settled that the offense of illegal was encumbered, whether the
recruitment is malum prohibitum where the encumbrance is recorded or not
criminal intent of the accused is not necessary for
conviction, while estafa is malum in se where the Note: Encumbrance includes every
criminal intent of the accused is crucial for right or interest in the land which
conviction. Conviction for offenses under the Labor exists in favor of third persons
Code does not bar conviction for offenses
punishable by other laws. Conversely, conviction for c. There must be express
estafa under par. 2(a) of Art. 315 of the Revised representation by the offender that
Penal Code does not bar a conviction for illegal the real property is free from
recruitment under the Labor Code. It follows that encumbrance
ones acquittal of the crime of estafa will not d. Act of disposing of the real property
necessarily result in his acquittal of the crime of be made to the damage of another
illegal recruitment in large scale, and vice versa.
Note: If the loan had already been granted before
(People v. Rose Ochoa, August 2011)
the property was offered as a security, Art. 316
(2) is not violated.
Other Forms of Swindling
Art. 316 3. Wrongful taking of personal property from its
lawful possessor to the prejudice of the latter
Q: What are the other forms of swindling? or a third person;
A: Elements:
1. Conveying, selling, encumbering, or a. Offender is the owner of personal
mortgaging any real property, pretending to be property
the owner of the same b. Said personal property is in the
lawful possession of another
Elements: c. Offender wrongfully takes it from its
a. Thing be immovable lawful possessor
b. Offender who is not the owner of d. Prejudice is thereby caused to the
said property should represent that possessor or third person
he is the owner thereof
c. Offender should have executed an 4. Executing any fictitious contract to the
act of ownership (selling, leasing, prejudice of another.
encumbering or mortgaging the real
property) 5. Accepting any compensation given to him
d. Act is made to the prejudice of the under the belief it was in payment of services
owner or of a third person. or labor when he did not actually perform such
services or labor.
Note: There must be existing real property to be
liable under this Article. If the real property is Note: This Article requires fraud as an important
inexistent, the offender will be liable for estafa element. If there is no fraud, it becomes payment
under par. 2(a). not owing, known as solution indebiti under the
Civil Code with the civil obligation to return the
2. Disposing real property knowing it to be wrong payment. (Reyes, 2008)
encumbered even if the encumbrance be not
recorded. It would seem that what constitutes estafa under
this paragraph is the malicious failure to return
Elements: the compensation wrongfully received. (Reyes,
2008)
THE ACADEMICS COMMITTEE: U N I V E R S I T Y O F S A N T O T O M A S
CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE I. SANTOS
Facultad de Derecho Civil 245
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN
UST GOLDEN NOTES 2012
6. Selling, mortgaging or in any manner Note: Real property is not included because it
encumbering real property while being a cannot be made to disappear, since a minor
surety in bond without express authority from cannot convey real property without judicial
the court or before being relieved from the authority.
obligation.
3. Consideration is some loan of money, credit or
Elements: other personal property.
a. Offender is a surety in a bond given 4. Transaction is to the detriment of such minor.
in a criminal or civil action
b. He guaranteed the fulfillment of Q: Is actual proof of deceit or misrepresentation
such obligation with his real property essential?
or properties
c. He sells, mortgages, or, in any other A: No. It is sufficient that the offender takes
manner encumbers said real advantage of the inexperience or emotions of the
property minor.
d. Such sale, mortgage or encumbrance
is without express authority from the Other Deceits
court, or made before the Art. 318
cancellation of his bond, or before
being relieved from the obligation Q: What are the other kinds of deceit under Art.
contracted by him 318?
Note: Art. 316 contemplates the existence of damage A:
as an element of the offense 1. Defrauding or damaging another by any other
deceit not mentioned in the preceding articles.
Q: What is the difference between Art. 316 (1) and 2. Interpreting dreams, making forecasts, telling
Art. 315 par. 2 (a) fortunes, or taking advantage of the credulity
of the public in any other similar manner, for
A: profit or gain.
Art. 316 (1) Art. 315 par.2 (a)
Note: Deceits in this article include false pretenses and
Refers only to real Covers real and fraudulent acts.
property personal property
CHATTEL MORTGAGE
The offender exercises or It is broader because it
executes, as part of the can be committed Removal, Sale or Pledge of Mortgaged Property
Art. 319
false representation, even if the offender
some act of dominion or does not execute acts
Q: What are the punishable acts?
ownership over the of ownership, as long
property to the damage as there was a false A:
and prejudice of the real pretense 1. Knowingly removing any personal property
owner of the thing mortgaged under the Chattel Mortgage Law to
any province or city other than the one in
which it was located at the time of execution
Swindling a Minor of the mortgage, without the written consent
of the mortgagee or his executors,
Art. 317
administrators or assigns.
Q: What are the elements of this crime?
Elements:
a. Personal property is mortgaged
A:
under the Chattel Mortgage Law
1. Offender takes advantage of the inexperience
b. Offender knows that such property is
or emotions or feelings of a minor.
so mortgaged
2. He induces such minor to assume an
c. Offender removes such mortgaged
obligation, or to give release, or to execute a
personal property to any province or
transfer of any property right.
city other than the one in which it
246 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
was located at the time of the The purpose of the The purpose is to
execution of the mortgage law is to protect the protect the purchaser,
d. Removal is permanent mortgagee whether the first or the
e. There is no written consent of the second
mortgagee or his executors,
administrators or assigns to such Destructive Arson
removal Art. 320, as amended by R.A. 7659
Note: Any person can be the offender.
Q: How is Destructive Arson committed?
2. Selling or pledging personal property already
A:
pledged, or any part thereof, under the terms
1. Any person who shall burn:
of the Chattel Mortgage Law, without the
a. One or more buildings or edifices,
consent of the mortgagee written on the back
consequent to one single act of burning,
of the mortgage and noted on the record
or as a result of simultaneous burnings, or
thereof in the office of the register of deeds of
committed on several or different
the province where such property is located.
occasions
b. Any building of public or private
Elements:
ownership, devoted to the public in
a. Personal property is already pledged
general or where people usually gather or
under the terms of the Chattel
congregate for a definite purpose such as,
Mortgage Law
but not limited to official governmental
b. Offender, who is the mortgagor of
function or business, private transaction,
such property, sells or pledges the
commerce, trade workshop, meetings and
same or any part thereof
conferences or merely incidental to a
c. There is no consent of the
definite purpose such as but not limited
mortgagee written on the back of
to hotels, motels, transient dwellings,
the mortgage and noted on the
public conveyance or stops or terminals,
record thereof in the office of the
regardless of whether the offender had
register of deeds.
knowledge that there are persons in said
Note: Chattel mortgage must be valid and
building or edifice at the time it is set on
subsisting. Removal of the mortgaged personal fire and regardless also of whether the
property must be coupled with intent to defraud. building is actually inhabited or not
c. Any train or locomotive, ship or vessel,
Q: Distinguish chattel mortgage from estafa under airship or airplane, devoted to
Art. 316 transportation or conveyance, or for
public use, entertainment or leisure
A: d. Any building, factory, warehouse
CHATTEL ESTAFA UNDER installation and any appurtenances
MORTGAGE ARTICLE 316 thereto, which are devoted to the service
of public utilities
The property The property involved is
e. Any building the burning of which is for
involved is personal a real property
the purpose of concealing or destroying
property
evidence of another violation of law, or
Selling or pledging of To constitute estafa, it
for purpose of concealing bankruptcy or
personal property is sufficient that the
defrauding creditors or to collect from
already pledged or real property
insurance.
mortgaged is mortgaged be sold as
2. Two or more persons or by a group of persons,
committed by the free, even though the
regardless of whether their purpose is merely
mere failure to vendor may have
to burn or destroy the building or the burning
obtain the consent obtained the consent of
merely constitutes an overt act in the
of the mortgagee in the mortgagee in
commission of another violation of law.
writing even if the writing
3. Any person who shall burn:
offender should
a. Any arsenal, shipyard, storehouse or
inform the purchaser
military powder or fireworks factory,
that the thing sold is
ordinance, storehouse, archives or
mortgaged
general museum of the Government.
b. In an inhabited place, any storehouse or mischief, i.e., that the act of damaging another's
factory of inflammable or explosive property be committed merely for the sake of
materials. damaging it, is not present in this case. He
maintains that the demolition of the nipa hut is for
MALICIOUS MISCHIEF the purpose of safeguarding the interest of his
employer. Was the court correct in convicting
Malicious Mischief Mario of malicious mischief?
Art. 327
A: Yes, Marios conviction for malicious mischief
Q: What is malicious mischief? must be sustained. As to the third element, Mario
was not justified in summarily and extra-judicially
A: Malicious mischief is the willful damaging of demolishing Julitas nipa hut. As it is, Mario
anothers property by any act not constituting proceeded not so much to safeguard the lot as it is
arson or crimes of destruction due to hate, revenge the vent to his anger and disgust over the no
or mere pleasure of destroying. tresspassing sign he placed thereon. Indeed, his
act of summarily demolishing the house smacks of
Q: What are the elements of malicious mischief? his pleasure in causing damage to it. (Valeroso v.
People, G.R. No. 149718. Sept. 29, 2003)
A:
1. Offender deliberately caused damage to the Special Cases of Malicious Mischief and Qualified
property of another Malicious Mischief
2. Such act does not constitute arson or other Art. 328
crimes involving destruction
3. Act of damaging anothers property be Q: What are the punishable acts under this article?
committed merely for the sake of damaging it
A:
Q: There was a collision between the side view 1. Causing damage to obstruct the performance
mirrors of two (2) vehicles. Immediately of public functions.
thereafter, the wife and the daughter of A alighted 2. Using any poisonous or corrosive substance.
from the CRV and confronted B. A, in view of the 3. Spreading any infections among cattle.
hostile attitude of B, summoned his wife and 4. Causing damage to the property of the
daughter to enter the CRV and while they were in National Museum or National Library, or to
the process of doing so, B moved and accelerated any archive or registry, waterworks, road,
his Vitara backward as if to hit them. Was there promenade, or any other thing used in
malicious mischief? common by the public.
A: Yes. The hitting of the back portion of the CRV by Note: The cases of malicious mischief under this article
B was clearly deliberate. The act of damaging the is also called qualified malicious mischief
rear bumper of the CRV does not constitute arson
or other crimes involving destruction. When the Other Mischiefs
Vitara bumped the CRV, B was giving vent to his Art. 329
anger and hate as a result of a heated encounter
between him and A. (Taguinod v. People, October Q: What are covered by this Article?
2011)
A: It includes mishiefs not included in Art. 328
Q: Mario was hired by the PNB as caretaker of its
lot situated in Balanga, Bataan. Consequently, Q: What is the basis of penalty under this Article?
Mario put up on the said lot a sign which reads
"No Trespassing, PNB Property" to ward off A: The value of the damage caused
squatters. Despite the sign, Julita, believing that
the said lot was owned by her grandparents, Q: The cows of B caused destruction to the plants
constructed a nipa hut thereon. Hence, Mario, of A. As an act of revenge, A and his tenants killed
together with four others, tore down and said cows. What is the crime committed?
demolished Julita's hut. She thus filed with the
MTC a criminal complaint for malicious mischief. A: The crime committed out of hate and revenge, is
Mario admitted that he deliberately demolished that of malicious mischief penalized by Art. 329.
Julita's nipa hut but he, however, contends that
the third element of the crime of malicious
248 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
250 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
have been dishonored for the same reason replenishment of his account soon, B, issued a
had not the drawer, without any valid reason, postdated check with which A negotiated for the
ordered the bank to stop payment. new tire. When presented, the check bounced for
lack of funds. The tire company filed a criminal
2. Having sufficient funds in or credit with the case against A and B. what would be the criminal
drawee bank when he makes or draws and liability, if any, of each of the two accused?
issues a check, shall fail to keep sufficient Explain.
funds or to maintain a credit to cover the full
amount of the check if presented within a A: A negotiated the unfunded check of B in buying a
period of 90 days from the date appearing new tire for his car may only be prosecuted for
thereon, for which reason it is dishonored by estafa if he was aware at the time of such
the drawee bank.(Sec.1) negotiation that the check has no sufficient funds in
the drawee bank; otherwise, he is not criminally
Q: What are the elements for violation of B.P. 22 liable.
(par. 1)?
B who accommodated A with his check may
A: nevertheless be prosecuted under B.P. 22 for
1. That a person makes or draws and issues any having issued the check, knowing at the time of
check issuance that he has no funds in the bank and that
2. The check is drawn or issued to apply on A will negotiate it to buy a new tire, i.e. for value. B
account or for a valuable consideration; may not be prosecuted for estafa because the facts
3. The person who makes or draws and issues the indicate that he is not actuated by intent to defraud
check knows at the time of issue that he does in issuing the check negotiated. Obviously, B issued
not have sufficient funds in or credit with the the postdated check only to help A. Criminal intent
drawee bank for the payment of such check in or dolo is absent.
full upon its presentment;
Q: What is the effect when the check was
th
Note: Knowledge of insufficiency of funds is a presented for payment on the 96 day after its
state of mind, hence, the hardest element to due date?
prove.
A: If the payee presented the check and it bounced,
4. At the time the check was presented for even if the payee sends a written notice of dishonor
payment at due date, the same was to the drawer, the payee would not be entitled to a
dishonoured for insufficiency of funds or presumption that the drawer had knowledge that
credit, or would have been dishonoured for he has no funds when the check was issued. The
the same reason had not the drawer, without said presumption can only be utilized during the 90-
any valid reason, ordered the bank to stop day period.
payment.
Q: Can a stolen check give rise to a violation of B.P.
Q: What are the elements for violation of B.P. 22 22?
(par. 2)?
A: No. A stolen check cannot give rise to a violation
A: of B.P. 22 because the check is not drawn for a
1. That a person has sufficient funds in or credit valuable consideration.
with the drawee bank when he makes or
draws and issues a check Q: Is actual knowledge of insufficiency of funds
2. That he fails to keep sufficient funds or to essential in B.P. 22
maintain a credit to cover the full amount of
the check if presented within a period of 90 A: Yes. Knowledge of insufficiency of funds or credit
days from the date appearing thereon in the drawee bank for the payment of a check
3. That the check is dishonoured by the drawee upon its presentment is an essential element of the
bank offense. There is a prima facie presumption of the
existence of this element from the fact of drawing,
Q: A and B agreed to meet at the latters house to issuing or making a check, the payment of which
discuss Bs financial problems. On his way, one of was subsequently refused for insufficiency of funds.
As car tires blew up. Before A left the meeting, he It is important to stress, however, that this is not a
asked B to lend him money to buy new spare tire. conclusive presumption that forecloses or
B had temporarily exhausted his bank deposits precludes the presentation of evidence to the
leaving a zero balance. Anticipating, however a
contrary. (Lim Lao v. CA, G.R. No. 119178, June 20, at the time the drawer issued the check, he had
1997) knowledge that he does not have sufficient funds.
Q: What is notice of dishonour? Q: What is the probative value of the unpaid or
dishonoured check with stamped information re:
A: When the check deposited by the payee refusal to pay?
bounces, the bank will give a notice attached to the
check that the check is dishonoured for A: Such is prima facie evidence of:
insufficiency of funds or account closed. It is a small 1. The making or issuance of the check;
piece of paper attached to the check informing the 2. The due presentment to the drawee for
payee that the check that was presented for payment and the dishonour thereof; and
payment has been dishonored. 3. The fact that the check was properly
Q: Is notice of dishonor an indispensable requisite dishonored for the reason stamped on
for prosecution? the check.
A: Yes, Sec. 3 of B.P. 22 requires that the holder of Q: What is the effect of the payment?
the check of the drawee bank, must notify the
drawer of the check that the same was dishonored, A: Once the check is paid within 5 days from notice
if the same is presented within 90 days from the of dishonor, there is no more violation of B.P. 22.
date of the issuance, and upon notice the drawer The reason of the law is already accomplished by
has five days within which to make arrangements the payment of the drawer of the check.
for the payment of the check or pay the same in
full. Q: Suppose the drawer goes into hiding to avoid
receiving the written notice of dishonor, what is
There can be no prima facie evidence of knowledge the remedy available to the payee?
of insufficiency of funds if no notice of dishonor was
actually sent to or received by the petitioner. The A: The payee may have a witness to testify that a
notice of dishonor may be sent by the offended copy of the written notice of dishonor was left at
party of the drawee bank. (Lim Lao v. CA) the house of the drawer and that would be
sufficient written notice of dishonor.
Q: Is a verbal notice of dishonor sufficient?
Q: When is there prima facie evidence of
A: No. the notice of dishonor must be in writing; a knowledge of insufficient funds?
verbal notice is not enough. A mere oral notice or
demand to pay would appear to be insufficient for A: GR: There is a prima facie evidence of knowledge
conviction under the law. (Damasang v. Court of of insufficient funds when the check was presented
Appeals) within 90 days from the date appearing on the
check and was dishonored.
Q: What happens after the payee received the
notice from the drawee? XPNs:
1. When the check was presented after 90
A: Upon receipt of the notice of dishonor, the days from date
payee as the offended party, or the drawee bank 2. When the maker or drawer:
will send a notice in writing to the drawer informing a. Pays the holder of the check in
the latter of such dishonor and giving the drawer cash, the amount due within five
five (5) banking days to make good the check from banking days after receiving notice
receipt of the notice of dishonor, the notice of that such check has not been paid
dishonor may be sent by the payee/offended party by the drawee
or the drawee bank. b. Makes arrangements for payment
in full by the drawee of such check
Q: Suppose the drawer, after his receipt of the within five banking days after
written notice of dishonor from the payee failed to notice of non-payment.
make good the check within a specified period,
what happens? Q: Evangeline issued checks to accommodate and
to guarantee the obligations of Boni in favour of
A: If the drawer receives the written notice of another creditor. When the checks issued by
dishonor and still fails to make good the check Evangeline were presented for payment, the same
within the given period, a presumption arises that was dishonored for the reason Account Closed.
252 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
Drawer is given 5 days to make arrangements of Drawer is given 3 days to make arrangements of
payment after receipt of notice of dishonor payment after receipt of notice of dishonor
Q: Does recovery from civil action arising from B.P. imposed depends on the peculiar circumstances of
22 preclude recovery from corresponding civil each case. It is the trial courts decision to impose
any penalty within the confines of the law. (SC-AC
A: Yes. Double recovery is not allowed by the law. No. 13-2001)
Settled is the rule that the single act of issuing a
bouncing check may give rise to two distinct Note: In the case of Eduardo Vaca v. CA, G.R. No.
criminal offenses: estafa and violation of B.P. 22. 131714, Nov. 16, 1998, and Rosa Lim v. People, G.R.
However, the recovery of the single civil liability No. 130038, Sept. 18, 2000, as well as in Administrative
arising from the single act of issuing a bouncing Circular No. 12-2000, the SC modified the sentence
check in either criminal case bars the recovery of imposed for violation of B.P. 22 by deleting the penalty
the same civil liability in the other criminal action. of imprisonment and imposing only the penalty of fine
While the law allows two simulataneous civil in an amount double the amount of the check.
However, by virtue of the passage of Administrative
remedies for the offended party, it authorizes
Circular No. 13-2001, the SC explained that the clear
recovery in only one. In short, while two crimes
tenor of Administrative Circular No. 12-2000 is not to
arise from a single set of facts, only one civil liability remove imprisonment as an alternative penalty but to
attaches to it. (Rodriguez v. Ponferrada, G.R. Nos. lay down a rule of preference in the application of the
155531-34, July 29, 2005) penalties provided for in B.P. 22.
Q: What penalty may be imposed by the judge for Thus, Administrative Circular No. 12-2000 establishes a
violation of B. P. 22? rule of preference in the application of the penal
provisions of B.P. 22 such that where the
A: SC-AC No. 12-2000, as clarified by SC-AC No. 13- circumstances of both the offense and the offender
2001, established a rule on preference in imposing clearly indicates good faith or a clear mistake of fact
the penalties. When the circumstances of the case without taint of negligence, the imposition of fine
clearly indicate good faith or clear mistake of fact alone should be considered as the more appropriate
without taint of negligence, the imposition of fine penalty. Needless to say, the determination of
alone may be considered as the preferred penalty. whether the circumstances warrant the imposition of
The determination of the circumstances that fine alone rests solely upon the judge. Should the
warrant the imposition of fine rests upon trial judge judge decide that imprisonment is the more
appropriate penalty, Administrative Circular No. 12-
only. Should the judge deem that imprisonment is
2000 ought not to be deemed a hindrance.
appropriate, such penalty may be imposed.
Q: What is the prescriptive period for violation of
Q: Is being a first time offender the sole factor for
B.P. 22?
the preferential penalty of fine alone?
A: Four years from the presentation for payment.
A: No. This circumstance is however not the sole
factor in determining whether he deserves the
preferred penalty of fine alone. The penalty to be
254 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
256 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST PROPERTY
a.
Their type, make and serial numbers, Anti-Arson Law (P.D.1613)
and the names and
b. Addresses of the persons from Note: The laws on arson in force today are P.D. 1613
whom they were acquired and and Article 320 as amended of the Revised Penal Code.
c. The names and addresses of the Consequently, simple arson is governed by P.D. 1613
persons to whom they were sold, while destructive arson is governed by the Revised
and Penal Code.
2. Render an accurate monthly report of his
transactions in motor vehicles to the Land Q: Who are liable under P.D. 1613
Transportation Commission
A: Any person who:
Q: When is clearance and permit required? 1. Burns or sets fire to the property of
another
A: 2. Any person who person sets fire to his
1. For assembly or rebuilding of motor vehicles. - own property under circumstances which
Any person who shall undertake to assemble expose to danger the life or property of
or rebuild or cause the assembly or rebuilding another.(Sec.1)
of a motor vehicle shall first secure a
certificate of clearance from the Philippine Q: What are the cases of Simple arson?
Constabulary
A: When the property burned is:
Note: No such permit shall be issued unless the 1. Any building used as offices of the
applicant shall present a statement under oath government or any of its agencies
containing the type, make and serial numbers of 2. Any inhabited house or dwelling
the engine, chassis and body, if any, and the 3. Any industrial establishment, shipyard, oil
complete list of the spare parts of the motor well or mine shaft, platform or tunnel
vehicle to be assembled or rebuilt together with 4. Any plantation, farm, pastureland,
the names and addresses of the sources thereof. growing crop, grain field, orchard,
bamboo grove or forest
In the case of motor vehicle engines to be
5. Any rice mill, sugar mill, cane mill or mill
mounted on motor boats, motor bancas and
central
other light water vessels, the applicant shall
secure a permit from the Philippine Coast Guard, 6. Any railway or bus station, airport, wharf
which office shall in turn furnish the Land or warehouse.(Sec.3)
Transportation Commission the pertinent data
concerning the motor vehicle engines including Q: What are the aggravating circumstance under
their type, make and serial numbers. P.D. 1613?
2. Clearance required for shipment of motor A:
vehicles, motor vehicle engines, engine blocks, 1. If committed with intent to gain
chassis or body- Any person who owns or 2. If committed for the benefit of another
operates inter-island shipping or any water 3. If the offender is motivated by spite or hatred
transportation with launches, boats, vessels or towards the owner or occupant of the
ships shall within 7 days submit a report to the property burned
Philippine Constabulary on all motor vehicle, 4. If committed by a syndicate
motor vehicle engines, engine blocks, chassis
or bodies transported by it for the motor Note: If the foregoing circumstance(s) are present, the
vehicle, motor vehicle engine, engine block, penalty shall be imposed to its maximum period.
chassis or body to be loaded on board the (Sec.4)
launch, boat vessel or ship.
Q: Nestor had an argument with his live-in
Q: What are the punishable acts? partner, Honey concerning their son. During their
heated discussion, Nestor intimated to Honey his
A: desire to have sex with her but the same was
1. Defacing or tampering with serial thwarted. Frustrated and incensed, Nestor set fire
numbers of motor vehicle engines, engine on both the plastic partition of the room and
blocks and chassis. Honeys clothes in the cabinet. After realizing what
2. Carnapping he did, Nestor attempted to put out the flames but
it was too late. This resulted to the burning of
their home and the other neighboring houses.
258 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST CHASTITY
260 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST CHASTITY
the offender performs all elements necessary for the domestic, guardian, teacher, or any person
existence of the felony, he actually attains his purpose who , in any capacity shall be entrusted with
and, from that moment, all the essential elements of the education or custody of the woman
the offense have been accomplished. seduced;
Q: Where the accused embraced the complainant Elements:
touching the girls breast as a mere incident of the a. Offended party is a virgin which is
embrace, what crime is committed? presumed if she is unmarried and of
good reputation
A: It is unjust vexation. But when the accused not b. She is over 12 and under 18 years of
only embraced the complainant but fondled her age
breast with the particular design to independently c. Offender has sexual intercourse
derive vicarious pleasure, the element of lewd with her
design exists. d. There is abuse of authority,
confidence or relationship on the
Q: What are the distinctions between acts of part of the offender
lasciviousness and attempted rape?
2. Seduction of a sister by her brother, or
A: descendant by her ascendant, regardless of
Acts of her age or reputation.
Attempted Rape
Lasciviousness
Purpose is only to Note: In this case, it is not necessary that the
Purpose is to lie with the
commit acts of offended party is still a virgin.
offended woman.
lewdness.
Lascivious acts are Q: What is the distinction between qualified
Lascivious acts are but the
themselves the final seduction and qualified rape?
preparatory acts to the
objective sought by
commission of rape.
the offender. A:
Qualified Seduction Qualified Rape
Illustration:
The descendant on The descendant on
Thus, when the accused lifted the dress of the whom sexual whom sexual
offended party, and placed himself on top of
intercourse was intercourse was
her but the woman awoke and screamed for
committed by the committed by the
help and despite that, the accused persisted in
his purpose, tearing the drawers, kissing and ascendant is at least 18 ascendant is less than
fondling her breasts, the crime is not only acts years of age 18 years of age
of lasciviousness but that of attempted rape.
Relationship need not
SEDUCTION, CORRUPTION OF MINORS AND be legitimate
WHITE SLAVE TRADE
Q: How is seduction committed? Q: Who are the persons liable for qualified
seduction?
A: Seduction is committed by enticing a woman to
unlawful sexual intercourse by promise of marriage A:
or other means of persuasion without use of force. 1. Those who abused their authority:
a. Person in public authority
Qualified Seduction b. Guardian
Art. 337 c. Teacher
d. Person who, in any capacity, is entrusted
Q: What are the acts that constitute qualified with the education or custody of the
seduction? woman seduced
2. Those who abused confidence reposed in
A: them:
1. Seduction of a virgin over 12 years and under a. Priest
18 years of age by certain persons, such as, a b. House servant
person in authority, priest, house servant, c. Domestic
3. Those who abused their relationship: Q: Distinguish Acts of lasciviousness under Art. 336
a. Brother who seduced his sister from Art. 339.
b. Ascendant who seduced his descendant
A:
Note: Although in qualified seduction, the age of the Article 336 Article 339
offended woman is considered, if the offended party is The acts of
a descendant or a sister of the offender no matter lasciviousness are
how old she is or whether she is a prostitute the The acts are committed committed under the
crime of qualified seduction is committed. under circumstances circumstances which
which had there been had there been carnal
Q: What is the meaning of virginity for purposes of carnal knowledge, knowledge, would
qualified seduction? would amount to rape. amount to either
qualified seduction or
A: Virginity does not mean physical virginity. It simple seduction.
refers to a woman of chaste character or virtuous
The offended party is a The offended party
woman of good reputation.
female or a male could only be female
If the offended party is a
Note: Virginity is not to be understood in so a material If the offended party
woman, she need not
sense as to exclude the idea of abduction of a virtuous must be a virgin
woman of a good reputation. Thus, when the accused
be a virgin
claims he had prior sexual intercourse with the
complainant, the latter is still to be considered a virgin. Corruption of Minors
But if it was established that the girl had carnal Art. 340, as amended by B.P. 92
relations with other men, there can be no crime of
seduction as she is not a virgin. Q: Who are the persons liable under this article?
Simple Seduction A: Any person who shall promote or facilitate the
Art. 338 prostitution or corruption of persons underage to
satisfy the lust of another.
Q: What are the elements of simple seduction?
Note: Under the present wordings of the law, a single
A: act of promoting or facilitating the corruption or
1. Offended party is over 12 and under 18 years prostitution of minor is sufficient to constitute
of age. violation of this article.
2. She must be of good reputation, single or
widow. Illustration:
3. Offender has sexual intercourse with her.
4. It is committed by means of deceit. This is usually the act of a pimp who offers to
pleasure seekers, women for the satisfaction
Note: Virginity of the offended party is not required. of their lustful desires. A mere proposal would
consummate the crime. But it must be to
Acts of Lasciviousness with the Consent of the satisfy the lust of another, not the
Offended Party proponents. The victim must be below 18.
Art. 339
Q: Is it necessary that unchaste acts are done?
Q: What are the elements of this crime?
A: No. Mere proposal consummates the offense.
A:
Note: Victim must be of good reputation, not a
1. Offender commits acts of lasciviousness or prostitute or corrupted person.
lewdness.
2. Acts are committed upon a woman who is
White Slave Trade
virgin or single or widow of good reputation,
Art. 341
under 18 years of age but over 12 years, or a
sister or descendant regardless of her
reputation or age. Q: What are the punishable acts?
3. Offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit. A:
1. Engaging in the business of prostitution
2. Profiting by prostitution
262 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST CHASTITY
3. Enlisting the service of women for the purpose committed against the will of the complainant
of prostitution would be treated as independent separate
crimes of Rape. (People v. Bacalso, G.R. No.
Q: What are the distinctions between corruption 94531-32, June 22, 1992)
of minors and white slave trade?
Q: What is the nature of the crime of forcible
A: abduction?
Corruption of minors White slave trade
It is essential that Minority not need not be A: The act of the offender is violative of the
victims are minors established individual liberty of the abducted, her honor and
Victims are of either reputation and of public order
Victims are females
sex
May not necessarily be Q: Is sexual intercourse necessary?
Generally for profit
for profit
Committed by a single Generally, committed A: Sexual intercourse is not necessary in forcible
act habitually abduction, the intent to seduce a girl is sufficient.
ABDUCTION Note: Rape may absorb forcible abduction if the main
objective was to rape the victim
Q: What is abduction?
Q: What are the crimes against chastity where age
A: Abduction is the taking away of a woman from and reputation of the victim are immaterial?
her house or the place where she may be for the
purpose of carrying her to another place with intent A:
to marry or to corrupt her. 1. Rape
2. Acts of lasciviousness against the will or
Q: What are the kinds of abduction? without the consent of the offended party
3. Qualified seduction of a sister or descendant
A: 4. Forcible abduction
1. Forcible abduction (Art. 342)
2. Consented abduction (Art 343) Consented Abduction
Art. 343
Forcible Abduction
Art. 342 Q: What are the elements of consented
abduction?
Q: What are elements of forcible abduction?
A:
A: 1. Offended party must be a virgin.
1. Person abducted is any woman, regardless of 2. She must be over 12 and under 18 years of
her age, civil status, or reputation age.
2. Abduction is against her will 3. Taking away of the offended party must be
3. Abduction is with lewd designs with her consent, after solicitation or cajolery
from the offender.
Note: Where lewd design was not proved or shown, 4. Taking away of the offended party must be
and the victim was deprived of her liberty, the crime is with lewd designs.
kidnapping with serious illegal detention under Art.
267. Note: In consented abduction, it is not necessary that
the young victim (a virgin over twelve and under 18)
Illustration: be personally taken from her parents home by the
accused; it is sufficient that he was instrumental in
leaving the house. He must however use solicitation,
If the accused carried or took away the victim
cajolery or deceit, or honeyed promises of marriage to
by means of force and with lewd design and
induce the girl to escape from her home.
thereafter raped her, the crime is forcible
abduction with rape, the former being a
necessary means to commit the latter. The
subsequent 2 other sexual intercourses
264 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST CHASTITY
266 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST CIVIL STATUS OF PERSONS
27, 2006 or about five (5) years after his second A: If either of the contracting parties obtains the
marriage to C. The second or subsequent marriage consent of the other by means of violence,
of petitioner with C has all the essential requisites intimidation or fraud.
for validity. (Teves v. People, August 2011)
Premature Marriages
Q: Is a judicial declaration of nullity of marriage Art. 351
necessary?
Q: Who are the persons liable?
A: GR: A judicial declaration of nullity of a previous
marriage is necessary before a subsequent one can A:
be legally contracted. One who enters into a 1. Widow who married within 301 days from the
subsequent marriage without first obtaining such date of the death of her husband, or before
judicial declaration is guilty of bigamy. This principle having delivered if she is pregnant at the time
applies even if the earlier union is characterized by of his death.
statutes as "void." (Mercado v. Tan, G.R. No.
137110, Aug. 1, 2000) Note: Period of 301 days may be disregarded if
the first husband was impotent or sterile. Period
XPN: Where no marriage ceremony at all was of 301 days, or 10 months, is only for cases where
performed by a duly authorized solemnizing the woman is not, or does not know yet that she
officer. (Morigo v. People G.R. No. 145226, is pregnant at the time she becomes a widow. If
Feb. 6, 2004) she is pregnant at the time she becomes a widow,
the prohibition is good only up to her delivery.
Illustration:
2. Woman whose marriage having been annulled
The mere private act of signing a marriage or dissolved, married before her delivery or
contract bears no semblance to a valid before the expiration of the period of 301 days
marriage and thus, needs no judicial after the date of the legal separation.
declaration of nullity. Such act alone, without
more, cannot be deemed to constitute an Q: What is the purpose of the article?
ostensibly valid marriage for which petitioner
might be held liable for bigamy. (Morigo v. A: To prevent doubtful paternity
People, G.R. No. 145226, Feb. 6, 2004)
Note: The woman will not be liable if she has:
Note: The death of the first spouse during the 1. Already delivered
pendency of the case does not extinguish the crime, 2. Conclusive proof that she was not pregnant
because when the offender married the second by her 1st spouse since he was permanently
spouse, the first marriage was still subsisting. sterile. (People v. Masinsin, CA 49 OG 3908)
Q: When does the prescriptive period commence? Performance of Illegal Marriage Ceremony
Art. 352
A: Does not commence from the commission
thereof but from the time of its discovery by the Q: Who are the persons liable under this article?
complainant spouse.
A: Art. 352 punishes priests or ministers of any
Marriage Contracted against Provisions of Laws religious denomination or sect, or civil authorities
Art. 350 who shall perform or authorize any illegal marriage
ceremony.
Q: What are the elements of this crime?
Note: Art. 352 presupposes that the priest or minister
A: or civil authority is authorized to solemnize marriages.
1. Offender contracted marriage Otherwise, he is liable for usurpation under Art.177.
2. He knew at the time that the:
a. Requirements of the law were not
complied with; or
b. Marriage was in disregard of a legal
impediment.
Q: What would qualify this crime?
268 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST HONOR
show adequately their good intention and publication of it. The reason for this is that a
justifiable motive in airing the supposed gripes of communication of the defamatory matter to the
the students. As hosts of a documentary or public person defamed cannot injure his reputation
affairs program, Rima and Alegre should have though it may wound his self-esteem. A mans
presented the public issues free from inaccurate reputation is not the good opinion he has of
and misleading information. (Filipinas Broadcasting himself, but the estimation in which others hold
Network, Inc. v. Ago Medical and Educational him. Inasmuch, therefore, as Cerelito voluntarily
Center-Bicol Christian College of Medicine, G.R. No. disclosed the contents of Dolores libelous letter to
14199, Jan. 17, 2005) Evelyn, the act of publication cannot be ascribed to
Dolores insofar as Evelyn is concerned.
Requirement for publicity
Art. 354 It could not be said, however, that there was no
publication with respect to Fe. While the letter in
Q: Must there be a publication of the libelous question was addressed to Mr. Cerelito & Fe
article? Alejandro, the invectives contained therein were
directed against Cerelito only. Writing to a person
A: No. Communication of the defamatory matter to other than the person defamed is sufficient to
rd
some 3 persons is sufficient. constitute publication, for the person to whom the
letter is addressed is a third person in relation to its
Illustration: writer and the person defamed therein. Fe, the
wife, is contextually a third person to whom the
The delivery of the article to the typesetter is publication was made. (Dolores Magno v. People of
sufficient publication. (U.S. v. Crame, 10 the Philippines, G.R. No. 133896, Jan. 27, 2006)
Phil.135)
Q: What is malice?
The sending to the wife of a letter which
maligns the husband was considered sufficient A: Malice is a term used to indicate the fact that the
publication, for the spouse is a third person to offender is prompted by personal ill-will or spite
the victim defamed. (U.S. v. Urbinana, 1 Phil. and speaks not in response to duty but merely to
471) injure the reputation of the person defamed.
Q: Dolores Magno was charged and convicted of Q: What are the two kinds of malice?
libel for the writings on the wall and for the
unsigned letter addressed to the Alejandro A:
spouses, containing invectives directed against 1. Malice in fact maybe shown by proof of ill-will,
Cerelito Alejandro. Dolores contends that the hatred, or purpose to injure.
prosecution failed to establish the presence of the 2. Malice in law is presumed from a defamatory
elements of authorship and publication of the imputation. However, presumption is rebutted
malicious writings on the wall, as well as the if it is shown by the accused that:
unsigned letter addressed to the Alejandro a. Defamatory imputation is true, in case the
spouses. She argues that since the letter was law allows proof of the truth of the
addressed to the spouses, Fe (Cerelitos wife) was, imputation;
insofar as Cerelito is concerned, not a third person b. It is published with good intention; and
for purposes of publication. Is she liable? c. There is justifiable motive for making it.
A: To be liable for libel under Article 353 of the RPC, Q: When is malice not presumed?
the following elements must be shown to exist:
1. The allegation of a discreditable act or A: Malice is not presumed in the following:
condition concerning another 1. Private communication made by any
2. Publication of the charge person to another in the performance of
3. Identity of the person defamed any legal, moral or social, duty.
4. Existence of malice.
Requisites:
Publication, in the law of libel, means the making of a. Person who made the
the defamatory matter, after it has been written, communication had a legal moral or
known to someone other than the person to whom social duty to make the
it has been written. If the statement is sent straight communication or at least, he had an
to a person for whom it is written there is no interest to be upheld;
270 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST HONOR
272 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST HONOR
2. Author or editor of a book or pamphlet. COMELEC Chair. The RTC ruled that it was
3. Editor or business manager of a daily Sandiganbayan and not RTC which has jurisdiction
newspaper magazine or serial publication. over the case. Is the RTC correct?
4. Owner of the printing plant which publishes a
libelous article with his consent and all other A: No. Article 360 of the Revised Penal Code as
persons who in any way participate in or have amended by Republic Act No. 4363, is explicit on
connection with its publication. which court has jurisdiction to try cases of written
defamations: The criminal and civil action for
Q: Where should a complaint for libel be filed? damages in cases of written defamations as
provided for in this chapter, shall be filed
A: Criminal and civil actions for damages in case of simultaneously or separately with the court of first
written defamations shall be filed simultaneously or instance [now, the Regional Trial Court]. . . As we
separately with the court of first instance of the have constantly held in Jalandoni, Bocobo, People v.
province or city: Metropolitan Trial Court of Quezon City, Br. 32, and
1. Where the libelous article is printed and analogous cases, we must, in the same way, declare
first published; or herein that the law, as it still stands at present,
2. Where any of the offended parties dictates that criminal and civil actions for damages
actually resides at the time of the in cases of written defamations shall be filed
commission of the offense. simultaneously or separately with the RTC to the
exclusion of all other courts. The grant to the
Note: The court where the criminal action or civil Sandiganbayan of jurisdiction over offenses
action for damages is first filed shall acquire committed in relation to public office, similar to the
jurisdiction to the exclusion of other courts. expansion of the jurisdiction of the MTCs, did not
divest the RTC of its exclusive and original
Q: Is the author of a libelous article the only one jurisdiction to try written defamation cases
liable for libel? regardless of whether the offense is committed in
relation to office. (People v. Benipayo, G.R. No.
A: No. Article 360 includes not only the author or 154473, April 24, 2009)
the person who causes the libelous matter to be
published, but also the person who prints or Q: A large group of disgruntled plan holders of
publishes it. Proof of knowledge of and Pacific Plans, Inc. was sued for libel for publishing
participation in the publication of the offending in a website defamatory statements against the
article is not required, if the accused has been owners of Pacific Plans, Inc. The libel suit was filed
specifically identified as author, editor, or before the Regional Trial Court of Makati alleging
proprietor or printer/publisher of the that it is in Makati where the website was first
publication. (Fermin v. People, G.R. No. 157643, accessed, and hence, it is in Makati where it was
March 28, 2008) first published. Does the RTC Makati has
jurisdiction over the libel case?
Q: What is the rationale for the criminal liability of
persons enumerated in Art. 360 of the Revised A: No. the venue of libel cases where the
Penal Code? complainant is a private individual is limited to
only either of two places, namely: 1) where the
A: It was enunciated in U.S. v. Ocampo, that complainant actually resides at the time of the
according to the legal doctrines and jurisprudence commission of the offense; or 2) where the alleged
of the United States, the printer of a publication defamatory article was printed and first
containing libelous matter is liable for the same by published. If the circumstances as to where the libel
reason of his direct connection therewith and his was printed and first published are used by the
cognizance of the contents thereof. With regard to offended party as basis for the venue in the criminal
a publication in which a libel is printed, not only is action, the Information must allege with
the publisher but also all other persons who in any particularity where the defamatory article was
way participate in or have any connection with its printed and first published, as evidenced or
publication are liable as publishers. (Fermin v. supported by, for instance, the address of their
People, ibid.) editorial or business offices in the case of
newspapers, magazines or serial publications. This
Q: The COMELEC Chairman was sued for libel due pre-condition becomes necessary in order to
to his defamatory statements against Photokina forestall any inclination to harass. The same
Marketing Corporation. The Chairman raised as a measure cannot be reasonably expected when it
defense the lack of jurisdiction of the RTC since he pertains to defamatory material appearing on a
delivered the speech in his official capacity as
274 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST HONOR
276 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: CRIMES AGAINST HONOR
3. Should only a fine be imposed and the
accused be unable to pay the fine, there is
no legal obstacle to the application of
the RPC provision on subsidiary
imprisonment.
278 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN
ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
BOOK 2: QUASI OFFENSES