Professional Documents
Culture Documents
154
2012 UP LAW
BAR REVIEWER
CRIMINAL
Criminal Law 2 LAW
CRIMINAL LAW TEAM 2012
BAR OPERATIONS COMMISSION 2012
Faculty Editor | Prof. Jay
Batongbacal
EXECUTIVE COMMITTEE Subject Heads | Camille
Ramon Carlo Marcaida |Commissioner Umali Charmaine Sto.
Raymond Velasco Mara Kriska Chen |Deputy Commissioners Domingo
Barbie Kaye Perez |Secretary
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Eleanor Balaquiao Mark Xavier Oyales | Acads Meneses Jenin Velasquez
Monique Morales Katleya Kate Belderol Kathleen Mae Tuason (D) Rachel Mara Villegas Naomi
Miranda (D) |Special Lectures Quimpo Leslie Octaviano
Patricia Madarang Marinella Felizmenio |Secretariat Yas Refran Cris Bernardino
Victoria Caranay |Publicity and Promotions Layout Head| Graciello
Loraine Saguinsin Ma. Luz Baldueza |Marketing
Timothy Reyes
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Paula Plaza |Linkages
This is one of the instances where the RPC may be Two ways of proving treason
given extra-territorial application under Article 2 (5) (1) Testimony of at least two witnesses to the
thereof. However, prosecution can proceed only if same overt act; or
the offender is: (2) Confession of accused in open court.
(1) within Philippine territory, OR (3) Circumstances surrounding the act
(2) brought to the Philippines pursuant to an
extradition treaty. Jurisprudence:
Crimes against national security can be tried only What acts constitute treason?
in the Philippines, as there is a need to bring the
CRIMINAL LAW REVIEWER
To be treasonous, the extent of aid and comfort treason and thus shall not be appreciated as
given to the enemies must be to render assistance to aggravating circumstances. [People vs Victoria]
156 them as enemies and not as individuals, in the
furtherance of the enemies hostile designs. NOTE: There can be no treason through negligence.
[Cramer v. US]
Intent of disloyalty is a vital ingredient in the crime
of treason, which in the absence of admission may
be gathered from the nature and circumstances of
2. Article 115 - Conspiracy and
each particular case. [People vs. Perez] Proposal to Commit Treason
Testimony required to convict a person for treason Elements of conspiracy to commit treason:
The mere fact of having joined a Makapili (1) There is a war in which the Philippines is
organization is evidence of both adherence to the involved
enemy and giving him aid and comfort. (2) At least two persons come to an agreement
to
At the same time, being a Makapili is in itself (a) Levy war against the government; or
constitutive of an overt act. (b) Adhere to the enemies, giving them
aid or comfort
The crime of treason was committed if he placed (3) That person proposes its execution to other
himself at the enemy's call to fight side by side with persons
him when the opportune time came even though an (4) They decide to commit it
opportunity never presented itself.
Elements of proposal to commit treason
However, membership as a Makapili, as an overt act, (1) There is a war in which the Philippines is
must be established by the deposition of two involved
witnesses. (2) At least one person decides to
(a) Levy war against the government; or
Adherence need not be proven by two witness (b) Adhere to the enemies, giving them aid
testimonies may be inferred from one witness, or or comfort
from the nature of the act itself or other
circumstances [People vs. Adriano] 3. Article 116 - Misprision of Treason
(asked once during 1994-96)
Treason cannot be complexed; testimony required
to convict a person for treason Elements:
Treason requires concurrence between adherence to (1) Offender owes allegiance to the
the enemy & giving aid & comfort. Giving aid & government, and is not a foreigner
comfort requires some kind of action, deed or (2) He has knowledge of conspiracy to commit
physical activity usually punishable by law as treason against the government
opposed to a mental operation. (3) He conceals or does not disclose and make
known the same as soon as possible to the
If an act is charged as an element of treason, that governor or fiscal of the province in which
act cannot be the subject of a separate punishment he resides, or the mayor or fiscal of the city
or used to increase the penalty of treason in which he resides
Inherent acts in treason shall not be appreciated What is required is to report it as soon as possible.
as aggravating The criminal liability arises if the accused learned of
The crime of treason is of such a nature that it may the treasonous activity while still at the
be committed by one single act, by a series of acts, conspiratorial stage because if he learned of the
or by several series thereof, not only in a single treason when it had already erupted into an overt
time, but in different times, it being a continuous act, then the implication is that the government is
crime. already aware of it.
The presence of the aggravating circumstances of Any person in authority having the equivalent
treachery, the aid of armed persons to insure or jurisdiction (of a mayor, fiscal or governor), like a
afford impunity, and deliberately augmenting the provincial commander, will already negate criminal
crimes by causing other wrongs not necessary in the liability.
commission thereof are inherent in the crime of
CRIMINAL LAW REVIEWER
Said section penalizes any person who knowingly and See also:
in any manner aids or protects pirates, such as giving (1) PD 532: Anti-Piracy and Anti-Highway
them information about the movement of the police Robbery
or other peace officers of the government, or (2) RA 6235: Anti-Hijacking Law
acquires or receives property taken by such pirates, (3) RA 9372: Human Security Act of 2007
or in any manner derives any benefit therefrom; or
who directly or indirectly abets the commission of
piracy. Title II. Crimes against
Also, it is expressly provided in the same section
Fundamental Laws of the State
that the offender shall be considered as an
accomplice of the principal offenders and punished (1) Art. 124: Arbitrary Detention
in accordance with the Revised Penal Code. (2) Art. 125: Delay in the Delivery Of Detained
Persons to the Proper Judicial Authorities
This provision of PD No. 532 with respect to piracy in (3) Art. 126: Delaying Release
Philippine waters has not been incorporated into the (4) Art. 127: Expulsion
RPC. Neither may it be considered repealed by RA (5) Art. 128: Violation of Domicile
7659 since there is nothing in the amendatory law (6) Art.129: Search Warrants Maliciously Obtained
which is inconsistent with said section. and Abuse in the Service of those Legally
Obtained
Apparently, there is still the crime of abetting piracy (7) Art. 130: Searching Domicile Without Witnesses
in Philippine waters under PD No. 532. (8) Art. 131: Prohibition, Interruption and
Dissolution of Peaceful Meetings
6. Article 123 - Qualified Piracy (9) Art. 132: Interruption of Religious Worship
(Asked twice 1983-90; once 2000-06) (10) Art. 133: Offending the Religious Feelings
Elements: Crimes under this title are those that violate certain
(1) The vessel is on the high seas or Philippine provisions of the Bill of Rights.
waters
(2) Offenders may or may not be members of All offenses under this title can only be committed
its complement, or passengers of the vessel by public officers except offending the religious
(3) Offenders either feelings under Article 133.
(a) Attack or seize the vessel; or
(b) Seize the whole or part of its cargo, its The primary offender in ARTICLES 124-132 is a public
equipment, or personal belongings of officer acting under supposed exercise of official
its crew or passengers functions, albeit illegally.
(4) The preceding were committed under any
of the following circumstances: A private person may be liable under these articles
(a) Whenever they have seized a vessel by ONLY WHEN he:
boarding or firing upon the same; (1) Conspires with a public officer; OR
(b) Whenever the pirates have abandoned (2) He becomes an accomplice or accessory to
their victims without means of saving said crimes
themselves; or
(c) Whenever the crime is accompanied by ARTICLE 133 can be committed by EITHER a public
murder, homicide, physical injuries or officer OR a private person.
rape
1. Article 124 - Arbitrary Detention
If any of the circumstances in Article 123 is present, (asked twice 1975-82; once 1991-93; once 2000-06)
piracy is qualified.
Elements:
Murder, rape, homicide, physical injuries are mere (1) That the offender is a public officer or
circumstances qualifying piracy and cannot be employee
punished as separate crimes, nor can they be (2) That he detains a person
complexed with piracy. (3) That the detention is without a legal ground
Although Article 123 refers to qualified piracy, there The Crime of Arbitrary Detention assumes several
is also the crime of qualified mutiny. Mutiny is forms:
qualified under the following circumstances: (1) Detaining a person without legal grounds
(1) When the offenders abandoned the victims (Article 124);
without means of saving themselves; or
CRIMINAL LAW REVIEWER
(2) Having arrested the offended party for legal (2) He detains a person for some legal ground
grounds but without warrant of arrest, and (3) He fails to deliver such person to the proper
the public officer does not deliver the judicial authorities within
arrested person to the proper judicial (a) 12 hours for light penalties 159
authority within the period of 12, 18, or 36 (b) 18 hours for correctional penalties
hours, as the case may be (Article 125); or (c) 36 hours for afflictive or capital
(3) Delaying release by competent authority penalties
with the same period mentioned in number
2 (Article 126). This is applicable ONLY WHEN the arrest is without a
warrant.
A public officer is deemed such when he is acting
within the bounds of his official authority or At the beginning, the detention is legal since it is in
function. the pursuance of a lawful arrest. Detention becomes
A police officer who employs force in excess of what arbitrary when the:
is necessary is acting outside the bounds of his duties (1) Applicable period lapses
and is considered acting in his private capacity. (2) Without the arresting officer filing a formal
[Boado, Comprehensive Reviewer in Criminal Law] charge with the proper court.
Note: In the crime of arbitrary detention, although The periods stated are counted only when the
the offender is a public officer, not any public prosecutors office is ready to receive the complaint
officer can commit this crime. Only those public or information. Nighttime is NOT included in the
officers whose official duties carry with it the period.
authority to make an arrest and detain persons can
be guilty of this crime. Jurisprudence:
In a case decided by the Supreme Court a Barangay
Chairman who unlawfully detains another was held Delivery means the filing of correct information
to be guilty of the crime of arbitrary detention. This with the proper court (or constructive delivery --
is because he is a person in authority vested with turning over the person arrested to the jurisdiction
jurisdiction to maintain peace and order within his of the court).
barangay. [Milo v. Salanga (1987)]
Purpose is to determine whether the offense is
There must be an actual restraint of liberty of the bailable or not. (Upon delivery, judge or court
offended party. acquires jurisdiction to issue an order of release or
of commitment of prisoner.) [Sayo v. Chief of Police
The crime committed is only grave or light threats if (1948)]
the offended party may still go to the place where
he wants to go, even though there have been The elements of custodial investigation are:
warnings. (1) The suspect is deprived of liberty in any
significant manner;
If the offender falsely imputes a crime against a (2) The interrogation is initiated by law
person to be able to arrest him and appear not enforcement authorities;
determined to file a charge against him, the crime is (3) The interrogation is inculpatory in
arbitrary detention through unlawful arrest. character. [People v. Tan (1998)]
[Boado, Comprehensive Reviewer in Criminal Law]
Where the invitation comes from a powerful group
A case where a DENR team was invited to Mayor composed predominantly of ranking military officers
Astorgas house from 530pm to 230am for dinner and and the designated interrogation site is a military
drinks, does not fall under Arbitrary Detention. camp, the same can be easily taken NOT as a strictly
Absent any physical restraint, an element of the said voluntary invitation.
crime is fear. No record on evidence showed that
the mayor instilled fear into the minds of the DENR It is an authoritative command that one can only
team while they were in the Mayors house. [Astorga defy at ones peril. [Sanchez v. Demetriou (1993)]
v. People (2004)]
3. Article 126 - Delaying Release
Difference between Arbitrary Detention, Illegal
Detention and Unlawful Arrest
Elements:
See Annex A.
(1) Offender is a public officer or employee
(2) There is a:
2. Article 125 - Delay in the Delivery (a) Judicial or executive order for the
of Detained Persons to the Proper release of a prisoner or detention
Judicial Authorities prisoner, OR
(b) A proceeding upon a petition for the
Elements: liberation of such person
(1) Offender is a public officer or employee (3) Offender without good reason delays
(a) The service of the notice of such order
CRIMINAL LAW REVIEWER
The right to return to ones country is not among the [M]ere suspicion or a hunch will not validate a "stop
rights specifically guaranteed in the Bill of Rights, and frisk."
which treats only of the Liberty of Abode and the
right to travel. A genuine reason must exist, in light of the police
officer's experience and surrounding conditions, to
However, it is a well-settled view that the right to warrant the belief that the person detained has
return may be considered as a generally accepted weapons concealed about him.
principle of international law and, under the
Constitution, forms part of the law of the land. Finally, a "stop-and-frisk" serves a two-fold interest:
However, it is distinct and separate from the right to (1) The general interest of effective crime
travel. prevention and detection, which underlies
the recognition that a police officer may,
The constitutional guarantees invoked by the under appropriate circumstances and in an
Marcoses are neither absolute nor inflexible for the appropriate manner, approach a person for
exercise of such freedoms has limits and must adjust purposes of investigating possible criminal
to the concerns which involve the public interest. behavior even without probable cause; and
[Marcos v. Manglapus (1989)] (2) The more pressing interest of safety and
self-preservation which permit the police
officer to take steps to assure himself that
5. Article 128 - Violation of Domicile the person with whom he deals is not armed
with a deadly weapon that could
Acts punished: unexpectedly and fatally be used against
(1) Entering any dwelling against the will of the the police officer. [Malacat v. CA (1997)]
owner thereof
(2) Searching papers or other effects found Against the will means that the offender ignored
therein without the previous consent of the prohibition of the owner which may be express
such owner, OR or implied as when the door is closed even though
(3) Refusing to leave the premises, after having not locked. [Boado, Comprehensive Reviewer in
surreptitiously entered said dwelling and Criminal Law]
after having been required to leave the
same
6. Article 129 - Search Warrants
Elements COMMON to the three acts: Maliciously Obtained, and Abuse in
(1) Offender is a public officer or employee the Service of Those Legally
(2) He is not authorized by judicial order Obtained
(a) To enter the dwelling;
(b) To make a search therein for papers or Elements of procuring a search warrant without
other effects; or just cause:
(c) He refuses to leave, after having (1) Offender is a public officer or employee
surreptitiously entered such dwelling (2) He procures a search warrant
and been required to leave the same (3) There is no just cause
warrant legally procured: In the absence of such occupant, the officer must:
(1) Offender is a public officer or employee (1) leave a receipt in the place in which he
(2) He has legally procured a search warrant found the seized property;
(3) He exceeds his authority or uses (2) In the presence of at least two witnesses of 161
unnecessary severity in executing the same sufficient age and discretion residing in the
same locality.
7. Article 130 - Searching Domicile
without Witnesses 8. Article 131 - Prohibition,
Interruption and Dissolution of
Elements: Peaceful Meetings
(1) Offender is a public officer or employee
(2) He is armed with search warrant legally Elements:
procured (1) Offender is a public officer or employee
(3) He searches the domicile, papers or other (2) He performs any of the following acts:
belongings of any person (a) Prohibiting or interrupting, without
(4) The owner, or any members of his family, legal ground, the holding of a peaceful
or two witnesses residing in the same meeting, or by dissolving the same
locality are not present (b) Hindering any person from joining any
lawful association, or from attending
RULE 116: SEARCH AND SEIZURE any of its meetings
A search warrant is an order in writing - (c) Prohibiting or hindering any person
(1) Signed by a judge from addressing, either alone or
(2) Directed to a peace officer, commanding together with others, any petition to
him to search for personal property the authorities for the correction of
described therein and bring it before the abuses or redress of grievances
court
The government has a right to require a permit
Requisites for issuing a search warrant: before any gathering can be made. HOWEVER, the
(1) Probable cause, in connection with one government only has regulatory, NOT PROHIBITORY,
specific offense, to be determined powers with regard to such requirement.
personally by the judge AFTER examination
under oath or affirmation of the The permit should state the day, time, and place of
complainant and the witness he may the gathering.
produce If the permit is denied arbitrarily, OR the officer
(2) Particular description of: dictates the place where the meeting is to be held,
(a) Place to be searched; AND this article is VIOLATED.
(b) Things to be seized which may be
anywhere in the Philippines If in the course of the assembly, which started out
peacefully, the participants committed illegal acts
An officer may break open any outer or inner door or like oral defamation or inciting to sedition, a public
window of a house or any part of a house or anything officer or law enforcer can stop or dissolve the
therein WHEN these circumstances concur: meeting.
(1) He is refused admittance to the place of
directed search; Two criteria to determine whether this article would
(2) His purpose is to execute the warrant to be violated:
liberate himself or any person lawfully (1) Dangerous tendency rule applied during
aiding him when unlawfully detained times of national unrest such as to prevent
therein; and coup detat.
(3) He has given notice of his purpose and (2) Clear and present danger rule applied
authority. during times of peace. Stricter rule.
The warrant must direct that it be served in the 9. Article 132 - Interruption of
daytime. HOWEVER, it can be served at any time of
the day or night WHEN the affidavit asserts that the
Religious Worship
property is on the person or in the place ordered to
be searched. Elements:
(1) Offender is a public officer or employee
A search warrant shall be valid for ten (10) days (2) Religious ceremonies or manifestations of
from its date. Thereafter, it shall be void. any religion are about to take place or are
going on
The officer seizing the property under the warrant (3) Offender prevents or disturbs the same
must give a detailed receipt for the same to the
lawful occupant of the premises in whose presence
the search and seizure were made.
CRIMINAL LAW REVIEWER
(1) There is a public uprising and taking arms NOTE: No crime of misprision of rebellion.
against the government;
(2) The purpose of the uprising or movement is: Rebellion vs. Subversion
(a) To remove from the allegiance to the Rebellion Subversion 163
government or its laws the Philippine Crime against pubic Crime against national
territory or any part thereof, or any order security
body of land, naval, or other armed There must be public Being officers and
forces; or uprising to overthrow ranking members of
(b) To deprive the Chief Executive or the government subversive groups
Congress, wholly or partially, of any of constitute subversion
their powers or prerogatives.
NOTE: There is no longer a crime of subversion by
Rebellion vs. Insurrection virtue of RA 7636, which repealed RA 1700.
The object of rebellion is to completely overthrow
and supplant the existing government. On the other Rebellion vs. Sedition
hand, insurrection is a movement seeking to effect Rebellion Sedition
some change of minor importance, or to prevent the There must be taking up It is sufficient that the
exercise of governmental authority with respect to of arms against the public uprising be
particular matters or subjects [Reyes] government. tumultuous.
The purpose is always The purpose may be
Rule on Complexing of Rebellion: Rebellion cannot political. political or social.
be complexed with, but absorbs other crimes
committed in furtherance of rebellion. There is no NOTE : When any of the objectives of rebellion is
complex crime of rebellion with murder and other pursued but there is no public uprising in the legal
common crimes. sense, the crime is direct assault of the first form.
Jurisprudence:
The doctrine laid down in People v. Hernandez 2. Article 134-A - Coup d tat
remains good law. This prohibits the complexing of (asked twice 1991-93 ; four times 1997-06)
rebellion with any other offense committed in the
occasion thereof, either as a means to its Elements:
commission or as an unintended effect of an activity (1) Offender is a person or persons belonging to
that constitutes rebellion. [Enrile v Salazar (1990)] the military or police or holding any public
office or employment;
All crimes, whether punishable under special or (2) It is committed by means of a swift attack
general law, which are mere components or accompanied by violence, intimidation,
ingredients, or committed in furtherance thereof, threat, strategy or stealth;
become absorbed in the crime of rebellion and (3) The attack is directed against the duly
cannot be isolated and charged as separate crimes constituted authorities of the Republic of
themselves. [Ponce Enrile v Amin (1990)] the Philippines, or any military camp or
installation, communication networks,
Both motive and overt acts are essential components public utilities or other facilities needed for
of the crime of rebellion. If the political motive of a the exercise and continued possession of
supposedly rebellious act cannot be sufficiently power;
proven, the accused should be convicted of the (4) The purpose of the attack is to seize or
common crime (e.g. murder) and not of rebellion. diminish state power.
Rebellion is not covered by Art. 2 on extraterritorial Persons who may commit coup detat:
jurisdiction. [People v. Lovedioro (1995)] (1) It may be committed singly or collectively
(2) Requires as a principal offender a member
Rebellion vs. Treason of the AFP, PNP, or a public officer with or
Rebellion Treason without civilian support
The levying of war The levying of war
against the government against the government 3. Article 135 - Penalty for
during peace time for would constitute Rebellion, Insurrection or Coup d
any purpose mentioned treason when performed tat
in Art. 134 to aid the enemy; it
would also constitute
Persons liable for rebellion, insurrection or coup
adherence to the enemy,
d'etat
giving him aid and
(1) The leaders:
comfort
(a) Any person who promotes, maintains or
Always involves taking Mere adherence to the
heads a rebellion or insurrection; or
up arms against the enemy giving him aid
(b) Any person who leads, directs or
government. and comfort
commands others to undertake a coup
d'etat;
CRIMINAL LAW REVIEWER
(2) Offender disobeys such agent of a person in If done with intent to commit rebellion or
authority; sedition: The crime is inciting to rebellion or
(3) Such disobedience is not of a serious sedition.
nature. 169
Definition of tumultuous: If caused by more
The accused must have knowledge that the than 3 persons who are armed or provided with
person giving the order is a peace officer. the means of violence
Serious Disobedience vs. Direct Assault Definition of burying with pomp the body of
Serious Disobedience Direct Assault a person: ostentatious display of a burial
Person in authority or his The person in authority 2. Article 154 - Unlawful Use of
agent must be in actual or his agent must be Means of Publication and Unlawful
performance of his engaged in the
duties performance of official Utterances
duties or that he is
assaulted by reason Mode 1. Publishing or causing to be published,
thereof by means of printing, lithography or
Committed only by Committed in four ways any other means of publication, as
resisting or seriously (see Art. 148, Mode 2 news any false news which may
disobeying a person in above) endanger the public order, or cause
authority or his agent damage to the interest or credit of
Use of force is not so There is force employed the State.
serious
Mode 2. Encouraging disobedience to the law
or to the constituted authorities or
E. Chapter V - Public Disorders praising, justifying or extolling any
act punished by law, by the same
means or by words, utterances or
1. Article 153 - Tumults and Other speeches;
Disturbances of Public Order
Mode 3: Maliciously publishing or causing to
Mode 1: Causing any serious disturbance in a be published any official document or
public place, office or establishment; resolution without proper authority,
or before they have been published
Mode 2: Interrupting or disturbing officially
performances, functions or gatherings,
or peaceful meetings, if the act is not Mode 4: Printing, publishing or distributing
included in Arts. 131 and 132; (or causing the same) books,
pamphlets, periodicals, or leaflets
Mode 3: Making any outcry tending to incite which do not bear the real printers
rebellion or sedition in any meeting, name, or which are classified as
association or public place; anonymous.
Mode 4: Displaying placards or emblems which To be liable, the offender must know that the news
provoke a disturbance of public order is false.
in such place;
Actual public disorder or actual damage to the credit
Mode 5: Burying with pomp the body of a of the State is not necessary.
person who has been legally executed.
3. Article 155 - Alarms and Scandals
Serious disturbance must be planned or
intended. This article applies if the disturbance Mode 1: Discharging any firearm, rocket,
is not caused by a public officer; or, if it is firecracker, or other explosive within
committed by a public officer, he is a any town or public place, calculated
participant therein. to cause (which produces) alarm or
danger;
Definition of outcry: to shout subversive or
provocative words tending to stir up the people Mode 2: Instigating or taking an active part in
to obtain by means of force or violence any of any charivari or other disorderly
the objects of rebellion or sedition. meeting offensive to another or
prejudicial to public tranquility;
If done unconsciously or without intent to incite
the listeners to rise to sedition or rebellion, this Mode 3: Disturbing the public peace while
article applies. wandering about at night or while
CRIMINAL LAW REVIEWER
Scandal here does not refer to moral scandal; that Cledera, as the governor, is the jailer of the
one is grave scandal in Article 200. Province. Esmeralda is the Assistant Provincial
Warden. As public officials who have the custody or
The essence of the crime is disturbance of public charge of the prisoner, they cannot be prosecuted
tranquility and public peace. under Art. 156.
Any kind of disturbance of public order where the Art 223 would have applied; however, there is no
circumstance at the time renders the act offensive sufficient evidence to warrant their prosecution for
to the tranquility prevailing, the crime is committed. infidelity in the custody of prisoner. It is necessary
that the public officer had consented to, or connived
Definition of charivari: includes a medley of in, the escape of the prisoner under his custody or
discordant voices, a mock serenade of discordant charge. [Alberto v. Dela Cruz (1980)]
noises made on kettles, tin, horns, etc. designed to
annoy or insult F. Chapter VI - Evasion of Service
NOTE: Calculated to cause should be which
of Sentence
produces alarm and danger according to the correct
translation of the RPC. Hence, the result, and not 1. Article 157 - Evasion of Service of
the intent, that counts. (Reyes) Sentence
(asked once 1975-79; once 1987-90)
4. Article 156 - Delivering Persons
from Jail Elements:
(asked once 1987-89; once 2000-06) (1) Offender is a convict by final judgment;
(2) He is serving sentence which consists in the
Elements: deprivation of liberty;
(1) There is a person confined in a jail or penal (3) He evades service of his sentence by
establishment; escaping during the term of his
(2) Offender removes therefrom such person, imprisonment.
or helps the escape of such person.
Qualifying circumstances as to penalty imposed if
In relation to infidelity in the custody of prisoners, such evasion or escape takes place:
correlate the crime of delivering person from jail - By means of unlawful entry (this should be
with infidelity in the custody of prisoners punished by scaling - Reyes);
under Arts. 223, 224 and 225 of the Revised Penal - By breaking doors, windows, gates, walls,
Code. roofs or floors;
- By using picklock, false keys, disguise,
In both acts, the offender may be a public officer or deceit, violence or intimidation; or
a private citizen. - Through connivance with other convicts or
employees of the penal institution.
Crime under Art. 156 is committed by a public
officer when he is not the custodian of the prisoner Evasion of service of sentence has three forms:
at the time the prisoner was made to escape. (1) By simply leaving or escaping from the
penal establishment under Article 157;
If the public officer has the custody of the prisoner (2) Failure to return within 48 hours after
when such prisoner escaped he is liable under Art. having left the penal establishment because
223 for Infidelity in the custody of a prisoner. of a calamity, conflagration or mutiny and
such calamity, conflagration or mutiny has
If the prisoner who escapes is only a detention been announced as already passed under
prisoner, he does not incur liability from escaping if Article 158;
he does not know of the plan to remove him from (3) Violating the condition of conditional
jail. pardon under Article 159.
But if such prisoner knows of the plot to remove him In leaving or escaping from jail or prison, that the
from jail and cooperates therein by escaping, he prisoner immediately returned is immaterial.
himself becomes liable for delivering prisoners from
jail as a principal by indispensable cooperation.
CRIMINAL LAW REVIEWER
It may be mitigating, but it will not absolve his condition is violated during the remaining period of
criminal liability. the sentence.
2. Article 158 - Evasion of Service of If the condition of the pardon is violated when the 171
remaining unserved portion of the sentence has
Sentence on the Occasion of already lapsed, there will be no more criminal
Disorders, Conflagrations, liability for the violation.
Earthquakes, or Other Calamities However, the convict maybe required to serve the
unserved portion of the sentence, that is, continue
Elements: serving original penalty.
(1) Offender is a convict by final judgment,
who is confined in a penal institution; Violation of Conditional Pardon vs. Evasion of
(2) There is disorder, resulting from Service of Sentence by Escaping
(a) conflagration; Violation of Conditional Evasion of Service of
(b) earthquake; Pardon Sentence
(c) explosion; Does not cause harm or An attempt at least to
(d) similar catastrophe; or injury to the right of evade the penalty
(e) mutiny in which he has not another person nor does inflicted by the courts
participated; it disturb the public upon criminals and thus
(3) He evades the service of his sentence by order; merely an defeat the purpose of
leaving the penal institution where he is infringement of the the law of either
confined, on the occasion of such disorder stipulated terms in reforming or punishing
or during the mutiny; conditional pardon them for having
(4) He fails to give himself up to the authorities disturbed the public
within 48 hours following the issuance of a order.
proclamation by the Chief Executive
announcing the passing away of such G. Chapter VII - Commission of
calamity.
Another Crime during Service
Leaving the penal establishment is not the basis of of Penalty Imposed for Another
criminal liability. It is the failure to return within 48 Previous Offense
hours after the passing of the calamity,
conflagration or mutiny had been announced.
1. Article 160 - Quasi Recidivism
Under Article 158, those who return within 48 hours
are given credit or deduction from the remaining Elements:
period of their sentence equivalent to 1/5 of the (1) Offender was already convicted by final
original term of the sentence. judgment of one offense;
(2) He committed a new felony before
If the prisoner fails to return within said 48 hours, beginning to serve such sentence or while
there will be an additional penalty of 1/5, shall be serving the same.
imposed but the 1/5 penalty is based on the
remaining period of the sentence, not on the original See Also:
sentence. In no case shall that penalty exceed six (1) PD 1866 as amended by RA 8294: Illegal
months. Possession of Firearms
(2) RA 9372: Human Security Act
Mutiny is one of the causes which may authorize a
convict serving sentence in the penitentiary to leave Distinction between Habitual Delinquency,
the jail provided he has not taken part in the Recidivism and Habituality/Reiteracion/Repetition
mutiny. See Annex B.
(5) Article 165 - Selling of False or Mutilated the Philippine Islands, Forging the
Coin, Without Connivance Signature or Stamp of the Chief
172 (6) Article 167 - Counterfeiting, Importing, and
Uttering Instruments Not Payable to Bearer Executive
(7) Article 166 - Forging Treasury or Bank Notes
or Other Documents Payable to Bearer; Acts punished: Forging the
Importing and Uttering Such False or Forged (1) Great Seal of the Government of the
Notes and Documents Philippines;
(2) Signature of the President;
Acts of Forgery (3) Stamp of the President.
(1) Article 168 - Illegal Possession and Use of
False Treasury or Bank Notes and Other When the signature of the president is forged, the
Instruments of Credit crime committed is covered by this provision and not
(2) Article 169 - How Forgery is Committed falsification of public document.
B. Coins of the minor coinage of the Philippines or See Special Law: PD 247 (Defacement, Mutilation,
of the Central Bank of the Philippines; Tearing, Burning or Destroying Central Bank Notes
C. Coin of the currency of a foreign country. and Coins)
173
The counterfeiting of foreign currency is punishable, 5. Article 165 - Selling of False or
regardless of whether or not it is still in official
circulation. The reason behind this is not only the
Mutilated Coin, Without
harm that it may cause to the public in case it goes Connivance
into circulation again, but also the possibility that
the counterfeiter may later apply his trade to the Mode 1: Possession of coin, counterfeited or
making of coins in actual circulation. [People vs. mutilated by another person, with
Kong Leon] intent to utter the same, knowing that
it is false or mutilated;
4. Article 164 - Mutilation of Coins Elements:
(1) Possession;
Acts punished
(2) With Intent to utter; and
(1) Mutilating coins of the legal currency, with
(3) Knowledge.
the further requirement that there be
intent to damage or to defraud another;
Mode 2: Actually uttering such false or mutilated
(2) Importing or uttering such mutilated coins,
coin, knowing the same to be false or mutilated.
with the further requirement that there
must be connivance with the mutilator or
Elements:
importer in case of uttering.
(1) Actually uttering; and
(2) Knowledge.
The first acts of falsification or falsity include:
(1) Counterfeiting
Possession prohibited in this article is not only actual
(2) Forgery
and physical possession, but also that of a
(3) Falsification
constructive one, or the subjection of the thing to
ones control. The possessor should not be the
In so far as coins in circulation are concerned, there
counterfeiter, mutilator, or importer of the coins.
are two crimes that may be committed:
(1) Counterfeiting coins
As long as the offender has knowledge that the coin
(2) Mutilation of coins
is false or mutilated, there is no need for him to
connive with the counterfeiter or mutilator.
Requisites of Mutilation under the RPC:
(1) Coin mutilated is of legal tender;
(2) Offender gains from the precious metal dust
6. Article 166 - Forging Treasury or
abstracted from the coin; Bank Notes or Other Documents
(3) It has to be a coin. Payable to Bearer; Importing and
Uttering Such False or Forged
Mutilation means to take off part of the metal Notes and Documents
either by filling it or substituting it for another metal
of inferior quality.
Acts punished
(1) Forging or falsification of treasury or bank
Since the coins before were made of silver and/or
notes or other documents payable to
other precious metal, shaving the metal from the
bearer;
coins became a practice. Hence, the coins intrinsic
(2) Importation of such false or forged
value is diminished.
obligations or notes;
(3) Uttering of such false or forged obligations
This is the only article that requires that the
or notes in connivance with the forgers or
mutilated coin be legal tender.
importers.
Foreign coins are covered in this article.
Forging: By giving any treasury or bank note, or
any instrument payable to bearer, or to order the
There is no requirement of expertise involved here.
appearance of a true and genuine document.
Deliberate intent arises only when the offender
Falsification: By erasing, substituting,
collects the precious metal dust from the mutilated
counterfeiting or altering by any means, the figures,
coin.
letters, words, or signs contained therein.
If the offender does not collect such dust, intent to
The instrument is payable to bearer:
mutilate is absent, but PD 247 will apply.
(1) When expressed to be so payable
(2) When payable to a person named therein or
bearer
CRIMINAL LAW REVIEWER
(3) When payable to the order of a fictitious or falsified notes or obligations. [People vs.
non-existing person, and such fact was Sendaydiego, (1978)]
174 known to the person making it so payable
(4) When the name of the payee does not 2. Article 169 - How Forgery is
purport to be the name of any person
(5) When the only or last endorsement is an
Committed
endorsement in blank.
(1) By Giving to a treasury or bank note or any
Reason for this is that the forging tends to bring such instrument payable to bearer or to order
documents into discredit and the offense produces a mentioned therein, the appearance of a
lack of confidence on the part of the holders of said true and genuine document;
documents to the prejudice of society and of the (2) By Erasing, substituting, counterfeiting, or
State. altering by any means the figures, letters,
words, or sign contained therein.
7. Article 167 - Counterfeiting, Forgery includes falsification and counterfeiting.
Importing, and Uttering
Instruments Not Payable to Bearer For possession of false treasury or bank note to
constitute a criminal offense, it must be with intent
Elements: to use.
(1) There is an Instrument payable to order or
other document of credit not payable to The essence of forgery is giving a document the
bearer; appearance of a true and genuine document.
(2) Offender either Forged, imported or
uttered such instrument; Not any alteration of a letter, number, figure or
(3) In case of uttering, he Connived with the design would amount to forgery. At most, it would
forger or importer. only be frustrated forgery.
This covers instruments or other documents of credit Forgery can be committed through the use of
issued by a foreign government or bank. genuine paper bills that have been withdrawn from
circulation, by giving them the appearance of some
Forgery of currency is punished so as to maintain other true and genuine document. [People vs.
integrity of the currency and thus insure the credit Galano]
standing of the government.
3. Acts of Falsification
2. Acts of Forgery 0.
0. 1. Article 170 - Falsification of
1. Article 168 - Illegal Possession and Legislative Documents
Use of False Treasury or Bank
Notes and Other Instruments of Elements:
(1) There is a Bill, resolution or ordinance
Credit enacted or approved or pending approval by
either House of the Legislature or any
Elements: provincial board or municipal council;
(1) Any treasury or bank note or certificate or (2) Offender Alters the same;
other obligation and security: (3) He has No proper authority therefor;
(a) Payable to bearer, or any instrument (4) The alteration has Changed the meaning of
payable to order or other document of the documents.
credit not payable to bearer is
(b) Forged or falsified by another person; The writing must be:
(2) Offender Knows that any of those (1) complete in itself; and
instruments is forged or falsified; (2) capable of extinguishing an obligation or
(3) He either creating rights; or
(a) Uses any of such forged or falsified (3) capable of becoming evidence of the facts
instruments; or stated therein.
(b) Possesses with intent to use any of such
forged or falsified instruments Five classes of falsification:
(1) Falsification of legislative documents;
The rule is that if a person had in his possession a (2) Falsification of a document by a public
falsified document and he made use of it, taking officer, employee or notary public;
advantage of it and profiting thereby, the (3) Falsification of a public or official, or
presumption is that he is the material author of the commercial documents by a private
falsification. individual;
(4) Falsification of a private document by any
Intent to use is sufficient to consummate the crime person;
when the offender is in possession of false or
CRIMINAL LAW REVIEWER
(5) Falsification of wireless, telegraph and Offender takes advantage of his official position in
telephone messages. falsifying a document when:
(1) He has the duty to make or prepare, or
Distinction between falsification and forgery: intervene in the preparation of the 175
FALSIFICATION FORGERY document; or
Commission of any of the Refers to the (2) He has the official custody of the document
8 acts mentioned in Art falsification and he falsifies.
171 on legislative (only counterfeiting of
alteration), public or treasury or bank notes, 3rd Element: Offender Falsifies a Document
official commercial, or or any instruments A document is any written statement by which a
private documents, or payable, or to order right or status is established or an obligation is
wireless, or telegraph extinguished.
messages.
Crimes under Forgeries. PAR1 PAR2 PAR3 PAR4
May be a May be a May be a May be a
2. Article 171 - Falsification by genuine genuine genuine genuine
(later (later (later (later
Public Officer, Employee or Notary
falsified) falsified) falsified) falsified)
or Ecclesiastical Minister or an or an or an or an
(asked 8 times) entirely entirely entirely entirely
fabricated fabricated fabricated fabricated
Elements: document document document document
(1) Offender is a Public officer, employee, or
notary public;
(2) He Takes advantage of his official position; PAR5 PAR6 PAR7 PAR8
(3) He falsifies a document by committing any
May be a There must There must There must
of the following acts:
genuine be a be a be a
(a) Counterfeiting or imitating any
(later genuine genuine genuine
handwriting, signature or rubric;
falsified) document document document
(b) Causing it to appear that persons have
or an
participated in any act or proceeding
entirely
when they did not in fact so
fabricated
participate;
document
(c) Attributing to persons who have
participated in an act or proceeding
statements other than those in fact PAR 1: Counterfeiting or imitating any handwriting,
made by them; signature or rubric.
(d) Making untruthful statements in a 2 ways of committing falsification under this
paragraph:
narration of facts;
(1) Counterfeiting, which is imitating any
(e) Altering true dates;
(f) Making any alteration or intercalation handwriting, signature or rubric
in a genuine document which changes (a) There should be an intent to imitate, or
its meaning; an attempt to imitate
(g) Issuing in an authenticated form: (b) Two signatures, the genuine and the
(i) A document purporting to be a forged, should bear some resemblance.
copy of an original document (2) Feigning, which is simulating a signature,
(ii) When no such original exists, or handwriting or rubric out of one which does
(iii) Including in such a copy a not actually exist.
statement contrary to, or different
from, that of the genuine original; PAR 2: Causing it to appear that persons have
participated in any act or proceeding when they
(h) Intercalating any instrument or note
did not in fact so participate.
relative to the issuance thereof in a
protocol, registry, or official book. Two Requisites:
(1) Offender caused it to appear in a document
that a person/s participated in an act or
1st Element: Persons Liable under this Article
proceeding.
Under this article, only a public officer, employee or
(2) Such person/s did not in fact participate.
notary public, or ecclesiastical minister can be the
offender.
PAR 3: Attributing to persons who have
participated in an act or proceeding statements
The ecclesiastical minister is liable with respect to
other than those in fact made by them
any record or document that its falsification may
Three Requisites:
affect the civil status of persons.
(1) Person/s participated in an act or
proceeding
2nd Element: Offender Take Advantage of his
(2) Such person/s made statements in that act
Official Position
or proceeding
CRIMINAL LAW REVIEWER
(3) Offender, in making a document, attributed public officer, who does not take advantage of his
to such person/s statements other than official position.
176 those they in fact made.
This is because authentication of a document can
PAR 4: Making untruthful statements in a narration only be made by the custodian or the one who
of facts prepared and retained a copy of the original.
Four Requisites: (1) Purporting to be a copy of the original when
(1) Offender makes in a document statements no such original exists.
in a narration of facts (2) Including a copy a statement contrary to, or
(2) He has a legal obligation to disclose truth of different from, that of the genuine original.
facts
(3) Facts narrated are absolutely false A private person who cooperates with a public
(4) Perversion of truth in the narration was officer in the falsification of a public document is
made with the wrongful intent of injuring a guilty of the crime and incurs the same liability and
third person. penalty.
There must be narration of facts, not conclusion of There are four kinds of documents:
law. There should be a legal obligation to disclose (1) Public document in the execution of which,
the truth. [Beradio vs. CA] a person in authority or notary public has
taken part;
The person making the narration of facts must be (a) A document created, executed or
aware of the falsity of facts narrated by him. The issued
narration of facts must be absolutely false. If there (b) By a public official
is some colorable truth in such statements, crime of (c) In response to the exigencies of the
falsification is not deemed to have been committed. public service,
The existence of a wrongful intent to injure a third (d) Or in execution of w/c public official
person is immaterial in falsification of a public intervened.
document. [Siquian vs. People] (2) Official document in the execution of which
a public official takes part;
There can be falsification by omission. An assistant (a) A document issued by a public official
bookkeeper is guilty of falsification by intentionally in the exercise of the functions of his
not putting a record in his personal account of chits office. It falls within the larger class
and destroyed them so he could avoid paying the called public documents.
same. [People vs. Dizon] (b) A document required by a bureau to be
filled by its officers for purposes of
PAR 5: Altering true dates record and information is a public
(1) The date must be essential document.
(2) The alteration of the date must affect the (3) Commercial document or any document
veracity of the documents or the effects recognized by the Code of Commerce or any
thereof (such as dates of birth, marriage, or commercial law; and
death). (4) A deed or instrument executed by a private
person without the intervention of a notary
PAR 6: Making any alteration or intercalation in a public or other persons legally authorized. -
genuine document which changes its meaning Private document in the execution of which
Four Requisites: only private individuals take part.
(1) There be an alteration (change) or
intercalation (insertion) on a document. The element of damage is not necessary because it
(2) It was made on a genuine document. is the interest of the community which is intended to
(3) Alteration or intercalation has changed the be guaranteed.
meaning of the document.
(4) Change made the document speak The character of the offender and his faithfulness to
something false. his duty is mainly taken into consideration.
Change or insertion must affect the integrity or Public and Private writings under the
effects of the document. Furthermore, the
alteration should make the document speak Rules of Court:
something false. Otherwise, it would merely be a The following are public documents:
correction. (1) Written official acts, or records, of the
official acts of the sovereign authority,
PAR 7: Issuing in an authenticated form a document official bodies and tribunals, and public
purporting to be a copy of an original document officers
when no such original exists, or including in such a (2) Documents acknowledged before a notary
copy a statement contrary to, or different from, public except last will and testaments
that of the genuine original (3) Public records kept in the Philippines, of
Falsification in this paragraph cannot be committed private documents required by law to be
by a private individual, or by a notary public, or by a entered therein.
CRIMINAL LAW REVIEWER
All other writings are private. (1) Offender Knew that the document was
falsified by another person;
After an investigation, a group of public officers (2) The False document is in Articles 171 or 172
were caught and convicted of falsifying cash (1 or 2); 177
vouchers. (3) He Introduced said document in evidence in
any judicial proceeding.
On appeal the SC held that cash vouchers are NOT
commercial documents because they are not Elements in use in any other transaction
documents used by merchants or businessmen to (1) Offender Knew that a document was
promote or facilitate credit transactions nor they are falsified by another person;
defined and regulated by the Code of Commerce or (2) The False document is embraced in Articles
other commercial law. 171 or 172 (1 or 2);
(3) He Used such document;
Rather, they are private documents which have been (4) The use caused Damage to another or at
defined as: least used with intent to cause damage.
(1) Deeds or instruments executed by a private
person In the falsification of public or official documents, it
(2) Without the intervention of a pubic notary is not necessary that there be present the idea of
or of other person legally authorize, gain or the intent to cause damage. This is because
(3) By which some disposition or agreement is the principal thing punished is the violation of public
proved, evidenced or set forth. [People v. faith and destruction of the truth as therein
Batulanon (2007)] solemnly proclaimed.
The fraudulent gain obtained through deceit should Mode 3: Using such falsified message.
not be the very same damage caused by the
178 falsification of the private document. Elements:
(1) Offender knew that wireless, cable,
In this case, the petitioners are charged under telegraph, or telephone message
Article 171, paragraphs 2 and 7 of the RPC. (a) Was falsified by an officer or employee
Petitioners Regidor and Zapatos, as Mayor, and of the government or an officer or
Member and Temporary Presiding Officer of the employee of a private corporation,
Sangguniang Panglungsod, respectively, made it (b) Engaged in the service of sending or
appear that private complainants, among others, receiving wireless, cable or telephone
participated in the Sangguniang Panglungsod message;
sessions when they did not in fact so participate, and (2) He used such falsified dispatch;
issued, in authenticated forms, the assailed (3) The use resulted in the prejudice of a third
resolutions purporting to be copies of original party or at least there was intent to cause
documents when no such originals exist. such prejudice.
Elements Remember:
(1) Offender Performs any act; Exact imitation of a uniform or dress is unnecessary;
(2) Pertaining to any person in authority or a colorable resemblance calculated to deceive the
public officer of the Philippine government common run of people is sufficient.
or any foreign government, or any agency
thereof; RA 75 also punishes using the use of uniform,
(3) Under Pretense of official position; decoration or regalia of a foreign state by people not
(4) Without being lawfully entitled to do so. entitled to do so.
The testimony need not in fact be beneficial to the The statement should be outside the coverage of art
defendant. It is not necessary that the testimony 180-181.
should directly influence the decision of acquittal, it
being sufficient that it was given with the intent to Oath: Any form of attestation by which a person
favor the accused. signifies that he is bound by conscience to perform
an act faithfully and truthfully.
Conviction or acquittal of defendant in the principal
case is not necessary. Affidavit: Sworn statement in writing; declaration
in writing, made upon oath before an authorized
Rectification made spontaneously after realizing the magistrate or officer.
mistake is not false testimony.
There could be no perjury through negligence or
Penalty for false testimony against the accused is imprudence. This is because of the requirement that
based on the sentence imposed or if accused is the assertion of a falsehood be made willfully and
acquitted; that for testimony favorable to the deliberately. Hence, good faith or lack of malice is a
accused is based on the imposable penalty. The defense in perjury.
rationale for the difference is the measure of the
wrong occasioned by the injustice in each case, i.e.
the undeserved sentence and the imposable penalty
avoided, respectively.
CRIMINAL LAW REVIEWER
It is not necessary that there be a law requiring the reduction of the price of the thing
statement to be made under oath, as long as it is auctioned.
made for a legal purpose.
The crime is consummated by: 181
Perjury is a crime other than false testimony in (1) Mere solicitation of gift or promise as
criminal cases or false testimony in civil cases, which consideration for not bidding, or
are perversions of truth in judicial proceedings. (2) By mere attempt to cause prospective
Perjury is an offense which covers false oaths other bidders to stay away from an auction.
than those taken in the course of judicial
proceedings. [US vs. Estrada] 10. Article 186 Monopolies and
Material Relevant Pertinent
Combinations in Restraint of Trade
Directed to Tends in any Concerns
prove a fact in reasonable collateral Mode 1: Combination to prevent free competition
issue degree to matters which in the market
establish make more or Elements:
probability or less probable (1) Entering into any contract or agreement;
improbability of the proposition OR taking part in any conspiracy or
a fact in issue at issue combination in the form of a trust or
otherwise;
(2) In restraint of trade or commerce or to
8. Article 184 - Offering False prevent by artificial means free competition
Testimony in Evidence in the market
the Probation Law or Presidential Decree No. 968, as unconstitutional because it violates the right against
amended. [Section 24, Article II, RA 9165] self-incrimination.
Notwithstanding the provisions of any law to the Art 36 (g), concerning mandatory drug testing for 183
contrary, a positive finding for the use of dangerous candidates for public office is also unconstitutional.
drugs shall be a qualifying aggravating circumstance [SJS v. Dangerous Drugs Board]
in the commission of a crime by an offender, and the
application of the penalty provided for in the C. Definition of Important Terms
Revised Penal Code shall be applicable. [Section 25,
Article II, RA 9165]
Dangerous drugs: include those listed
(1) in the Schedules annexed to the 1961 Single
The maximum penalties of the unlawful acts
Convention on Narcotic Drugs, as amended
provided for in this Act shall be imposed, in addition
to absolute perpetual disqualification from any by the 1972 Protocol, and
public office, if those found guilty of such unlawful (2) in the Schedules annexed to the 1971 Single
acts are government officials and employees. Convention on Psychotropic Substances as
[Section 28, Article II, RA 9165] enumerated in the attached annex which is
an integral part of this Act. [Section 3 (j),
Any person who is found guilty of "planting" any RA 9165]
dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and Chemical Diversion: The sale, distribution, supply or
purity, shall suffer the penalty of death. [Section 29, transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and
Article II, RA 9165]
essential chemicals, in diluted, mixtures, or in
concentrated form, to any person or entity engaged
In case any violation of this Act is committed by a
partnership, corporation, association or any juridical in the manufactured of any dangerous drugs, and
entity, the partner, president, director, manager, shall include packaging, labelling, or concealment of
trustee, estate administrator, or officer who such transaction.
consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal. Controlled Precursors and Essential Chemicals:
[Section 30, Article II, RA 9165] Include those listed in Tables I and II of the 188 UN
Convention Against Illicit traffic in Narcotics Drugs
In addition to the penalties prescribed in the and Psychotropic Substances.
unlawful act committed, any alien who violates such
provisions of this Act shall, after service of sentence, D. Other Important Points
be deported immediately without further
proceedings, unless the penalty is death. [Section May a drug dependent who is found guilty of the
31, Article II, RA 9165] use of dangerous drugs voluntarily submit himself
for treatment and rehabilitation? Yes. The drug
Accessory Penalties: A person convicted under this dependent may, by himself/herself or through
Act shall be disqualified to exercise his/her civil his/her parent, spouse, guardian or relative within
rights such as but not limited to: the fourth degree of consanguinity or affinity, apply
(1) the rights of parental authority or to the Board or its duly recognized representative,
guardianship, either as to the person or for treatment and rehabilitation of the drug
property of any ward dependency.
(2) the rights to dispose of such property by
any act or any conveyance inter vivos, Upon such application, the Board shall bring forth
(3) and political rights such as but not limited the matter to the Court which shall order that the
to, applicant be examined for drug dependency (Section
(4) the right to vote and be voted for. 54, Article VIII, RA 9165).
(5) Such rights shall also be suspended during
the pendency of an appeal from such Is there also compulsory confinement? Yes.
conviction. [Section 35, Article II, RA 9165] Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be
32 possession of marijuana is absorbed in the sale dependent on dangerous drugs shall, upon petition
thereof, except where the seller is further by the Board or any of its authorized representative,
apprehended in possession of another quantity of the be confined for treatment and rehabilitation in any
prohibited drugs not covered by or included in the Center duly designated or accredited for the
sale and which are probably intended for some purpose.
future dealings or use by the seller. [People v.
Lacerna] A petition for the confinement of a person alleged to
be dependent on dangerous drugs to a Center may
Art. 36 (f), concerning mandatory drug testing for all be filed by any person authorized by the Board with
persons charged with crimes is declared the Regional Trial Court of the province or city
CRIMINAL LAW REVIEWER
Spectators are not liable in gambling, because they 2. Article 196 - Importation, Sale and
do not take part directly or indirectly.
Possession of Lottery Tickets or
Before, the Revised Penal Code considered the skill Advertisements 185
of the player in classifying whether a game is
gambling or not. But under the new gambling law, Acts punished:
the skill of the players is immaterial. (1) Importing into the Philippines from any
foreign place or port any lottery ticket or
Even sports contents like boxing, would be gambling advertisement; or
insofar as those who are betting therein are (2) Selling or distributing the same in
concerned. connivance with the importer;
(3) Possessing, knowingly and with intent to use
Lottery them, lottery tickets or advertisements; or
Definition: It is a scheme for the distribution of (4) Selling or distributing the same without
prizes by chance among persons who have paid or connivance with the importer of the same.
agreed to pay, a valuable consideration for the [Reyes]
chance to obtain a prize.
The possession of any lottery ticket or advertisement
Elements: is prima facie evidence of intent to sell, distribute or
(1) Consideration use the same in the Philippines.
(2) Chance
(3) Prize or some advantage or inequality in 3. Article 197 Betting in Sports
amount or value which is in the nature of a contents
prize
This article (Art. 197) has been repealed by
There is no lottery when the person gets the full Presidential Decree No. 483 (Betting, Game-fixing or
value for his money. Point-shaving and Machinations in Sport Contests)
Illustration: A package of cigarette sold at P0.30
Sec 2. Betting, game-fixing, point-shaving or game
each includes a coupon which may allow the buyer
machination unlawful. Game-fixing, point-shaving,
to win a gold watch. This is not lottery. Winning the
game machination, as defined in the preceding
watch is only a bonus.
section, in connection with the games of basketball,
volleyball, softball, baseball; chess, boxing bouts,
Criteria to determine if lottery is already
jai-alia, sipa, pelota and all other sports contests,
gambling:
games or races; as well as betting therein except as
(1) If the public is made to pay not only for the
may be authorized by law, is hereby declared
merchandise that he is buying, but also for
unlawful.
the chance to win a prize out of the lottery.
(2) Public is made to pay a higher price.
(3) If the merchandise is not saleable because Betting: betting money or any object or article of
of its inferior quality, so that the public value or representative of value upon the result of
actually does not buy them, but with the any game, races and other sport contests.
lottery the public starts patronizing such
merchandise. Game-fixing: any arrangement, combinations,
(4) In effect, the public is paying for the lottery scheme or agreement by which the result of any
and not for the merchandise, and therefore game, races or sport contests shall be predicated
the lottery is a gambling game. and/or known other than on the basis of the honest
(5) Public is not made to pay a higher price. playing skill or ability of the players or participants.
The maintainer or conductor in a gambling game is Point-shaving: any such arrangement, combination,
likewise punished. scheme or agreement by which the skill of ability of
any player or participant in a game, races or sports
Maintainer: A person who sets up and furnishes the contests to make points or scores shall be limited
means with which to carry on the gambling game or deliberately in order to influence the result thereof
scheme. in favor one or the other team, player or participant
therein.
Conductor: A person who manages or carries on the
gambling game or scheme. Game machinations: any other fraudulent, deceitful,
unfair or dishonest means, methods, manner or
To be prosecuted for possessing a jueteng list, proof practice employed for the purpose of influencing the
that the game took place or is about to take place is result of any game, races or sports contest.
not necessary.
4. Article 198 - Illegal Betting on
Horse Race
CRIMINAL LAW REVIEWER
(2) The authors of obscene literature, abbreviated pair of nylon panties to interrupt her
published with their knowledge in any form, stark nakedness should be made the gauge in the
(3) The editors publishing such literature; determination of whether the dance or exhibition
(4) The owners/operators of the establishment was indecent or immoral. [People v Aparici (1955)] 187
selling the same;
(5) Those who, in theaters, fairs, An actual exhibition of the sexual act can have no
cinematographs, or any other place, exhibit redeeming featureno room for art. Therefore, it is
indecent or immoral plays, scenes, acts, or a clear and unmitigated obscenity. [People v Padan
shows, (1957)]
it being understood that the obscene literature or 3. Article 202 - Vagrancy and
indecent or immoral plays, scenes, acts or shows,
Prostitution
whether live or in film, which are proscribed by
virtue hereof, shall include those which:
Persons Liable:
(a) glorify criminals or condone
(1) Any person having no apparent means of
crimes;
subsistence, who has the physical ability to
(b) serve no other purpose but to
work and who neglects to apply himself or
satisfy the market for violence,
herself to some lawful calling;
lust or pornography;
(2) Any person found loitering about public or
(c) offend any race, or religion;
semi-public buildings or places or trampling
(d) tend to abet traffic in and use of
or wandering about the country or the
prohibited drugs; and
streets without visible means of support;
(e) are contrary to law, public order,
(3) Any idle or dissolute person who lodges in
morals, good customs, established
houses of ill fame; ruffians or pimps and
policies, lawful orders, decrees
those who habitually associate with
and edicts
prostitutes;
(6) Those who shall sell, give away or exhibit
(4) Any person who, not being included in the
films, prints, engravings, sculpture or
provisions of other articles of this Code,
literature which are offensive to morals.
shall be found loitering in any inhabited or
uninhabited place belonging to another
MORALS: imply conformity with the generally
without any lawful or justifiable purpose;
accepted standards of goodness or rightness in
and
conduct or character, sometimes, specifically, to
(5) Prostitutes
sexual conduct.
Prostitutes: women who, for money or profit
Offense in any of the forms mentioned in the article
habitually indulge in sexual intercourse or lascivious
is committed only when there is publicity
conduct
The test of obscenity:
Dissolute: lax, unrestrained, immoral
(1) The test is objective.
(2) It is more on the effect upon the viewer and
Ruffian: brutal, violent, lawless persons
not alone on the conduct of the performer.
(3) If the material has the tendency to deprave
Pimp: One who provides gratification for the lust of
and corrupt the mind of the viewer then the
others
same is obscene and where such obscenity
is made publicly, criminal liability arises.
Even millionaires or one who has more than enough
(4) As long as the pornographic matter or
for his livelihood can commit vagrancy by habitually
exhibition is made privately, there is no
associating with prostitutes, pimps, ruffians, or by
crime committed under the Revised Penal
habitually lodging in houses of ill-repute. The
Code because what is protected is the
purpose of the law is not simply to punish a person
morality of the public in general.
because he has no means of livelihood; it is to
prevent further criminality.
Jurisprudence:
Any person found wandering in an estate belonging
Postcards of Philippine inhabitants in native attire
to another whether public or private without any
were not obscene because the aggregate judgment
lawful purpose also commits vagrancy, unless his
of the community, and the moral sense of the
acts constitutes some other crime in the Revised
people were not shocked by those pictures. They
Penal Code.
were not offensive to chastity but merely depicted
persons as they actually lived. [People v Kottinger
The term prostitution is applicable to a woman who
(1923)]
for profit or money habitually engages in sexual or
lascivious conduct.
The reaction of the public during the performance of
a dance by one who had nothing to cover herself
A man, if he engages in the same conduct sex for
with, except nylon patches over her breasts and too
money is not a prostitute, but a vagrant.
CRIMINAL LAW REVIEWER
Public Officers
(1) Article 231 - Open Disobedience Officers and employees of government owned and
(2) Article 232 - Disobedience to the Order of controlled corporations included but not those of a
Superior Officer When Said Order Was sequestered corporation. 189
Suspended by Inferior Officer
(3) Article 233 - Refusal of Assistance The better rule is that GOCCs created by law are
(4) Article 234 - Refusal to Discharge Elective covered while GOCCs registered with the SEC
Office (including sequestered companies) are not.
(5) Article 235 - Maltreatment of Prisoners [Macalino v. Sandiganbayan]
(6) Article 236 - Anticipation of Duties of a
Public Officer The more recent case of People v. Sandiganbayan
(7) Article 237 - Prolonging Performance of held that, based on RA 8249, presidents, directors,
Duties and Powers trustees, and managers of all GOCCs, regardless of
(8) Article 238 - Abandonment of Office or type, are subject to the jurisdiction of the
Position Sandiganbayan when they are involved in graft and
(9) Article 239 - Usurpation of Legislative corruption.
Powers
(10) Article 240 - Usurpation of Executive B. Chapter II: Malfeasance and
Functions
(11) Article 241 - Usurpation of Judicial
Misfeasance in Office
Functions
(12) Article 242 - Disobeying Request for Malfeasance Doing of an act which a
Disqualification (see Arts 210 and public officer should not
(13) Article 243 - Orders or Request by Executive 211) have done
Officer to Any Judicial Authority Misfeasance (see Improper doing of an act
(14) Article 244 - Unlawful Appointments Arts 204 to 207) which a person might
(15) Article 245 - Abuses against Chastity lawfully do
Nonfeasance (see Art Failure of an agent to
Remember: 208) perform his undertaking for
This is one of the instances where the Revised Penal the principal
Code may be given extra-territorial application 0.
under Article 2 (5) thereof.
1. Article 204 - Knowingly Rendering
Crimes under this title can be committed by public Unjust Judgment
officers or a non-public officer, when the latter
become a conspirator with a public officer, or an Elements:
accomplice, or accessory to the crime. The public (1) Offender is a judge;
officer has to be the principal. (2) He renders a judgment in a case submitted
to him for decision;
A. Chapter I: Preliminary (3) Judgment is unjust;
(4) The judge knows that his judgment is
Provisions unjust.
(2) Through gross ignorance, causing damage to Bribery exists when the gift is:
the client; (1) voluntarily offered by a private person;
(3) Inexcusable negligence; (2) solicited by the public officer and
(4) Revelation of secrets learned in his voluntarily delivered by the private person;
professional capacity; (3) solicited by the public officer but the
(5) Undertaking the defense of the opposite private person delivers it out of fear of the
party in a case without the consent of the consequences should the public officer
first client whose defense has already been perform his functions (here the crime by
undertaken. the giver does not fall under corruption of
public officials due to the involuntariness of
The Supreme Court held that not all information the act).
received by counsel from client is classified as
privileged. In the FIRST MODE of bribery, actual receipt of the
gift is not necessary.
A distinction must be made between confidential
communications relating to past crimes already An accepted offer or promise of a gift is sufficient.
committed, and future crimes intended to be However, if the offer is not accepted, only the
committed by the client. [People v. Sandiganbayan] person offering the gift is liable for attempted
corruption of a public officer.
7. Article 210 - Direct Bribery
(asked 6 times) In the SECOND MODE of bribery, the gift must be
accepted by the public officer.
Mode 1. Agreeing to perform, or performing,
in consideration of any offer, The GIFT must have a value or capable of pecuniary
promise, gift or present; an act estimation. It could be in the form of money,
constituting a crime, in connection property or services. It cannot consist of a mere
with the performance of his official offer or promise of a gift.
duties;
Mode 2. Accepting a gift in consideration of If the act required of the public officer amounts to a
the execution of an act which does crime and he commits it, he shall be liable for the
not constitute a crime, in connection penalty corresponding to the crime.
with the performance of his official
duty; The THIRD MODE of bribery and prevaricacion (art
Mode 3. Agreeing to refrain, or by refraining, 208) are similar offenses, both consisting of omission
from doing something which is his of an act required to be performed.
official duty to do, in consideration
of gift or promise. In direct bribery however, a gift or promise is given
in consideration of the omission. This is not
Elements: necessary in prevaricacion.
(1) Offender is a public officer within the scope
of Article 203; Direct bribery does not absorb Art. 208 (dereliction
(2) Offender accepts an offer or a promise or of duty). See Qualified Bribery (211-A)
receives a gift or present by himself or
through another; Police Sergeant Malfrosque asked and accepted
(3) Such offer or promise be accepted, or gift money in exchange for the recovery of the reported
or present received by the public officer stolen gas tanks to the owners.
(a) With a view to committing some crime;
or This made him liable under the 2nd mode of Art 210
(b) In consideration of the execution of an since in the act of returning the gas tanks to the
act which does not constitute a crime, owners does not constitute a crime; he demanded
but the act must be unjust; or money and said act was in connection with the
(c) To refrain from doing something which performance of his duty as a policeman. [People v.
it is his official duty to do. Malfrosque (2004)]
(4) The act which offender agrees to perform
or which he executes be connected with the 8. Article 211 - Indirect Bribery
performance of his official duties. (asked twice)
CRIMINAL LAW REVIEWER
The principal distinction between direct and Dacumas v. Sandiganbayan expanded the meaning of
indirect bribery is that in the former, the officer official duties. It included those which may be in
agrees to perform or refrain from doing an act in ones capacity to perform by reason of his office.
consideration of the gift or promise.
10. Article 212 - Corruption of
In the latter case, it is not necessary that the officer Public Officials
do any act. It is sufficient that he accepts the gift
(asked 4 times)
offered by reason of his office.
Elements:
If after receiving the gift, the officer does any act in
(1) Offender makes offers or promises or gives
favor of the giver which is unfair to the others, the
gifts or presents to a public officer;
crime continues to be indirect bribery.
(2) The offers or promises are made or the gifts
or presents given to a public officer, under
Precisely the evil of indirect bribery is in its
circumstances that will make the public
tendency to produce future, unspecified, and
officer liable for direct bribery or indirect
unwarranted favors from the official.
bribery.
This is always in the consummated stage. There is
The offender is the giver of the gift or the offeror of
no attempted much less frustrated stage in indirect
the promise.
bribery.
The act may or may not be accomplished.
There must be clear intention on the part of the
public officer:
The following are the SPECIAL LAWS related to the
(1) to take the gift offered and
prosecution and punishment of GRAFT and
(2) consider the property as his own for that
CORRUPTION:
moment.
(1) PD No. 749
(2) RA 3019 (Anti-Graft and Corrupt Practices
Mere physical receipt unaccompanied by any other
Act)
sign, circumstance or act to show such acceptance is
(3) RA 7080 (Anti-Plunder Act)
not sufficient to convict the officer.
(4) RA 1379 (FORFEITURE OF ILL-GOTTEN WEALTH)
(5) PD NO. 46
Public officers receiving gifts and private persons
(6) RA 6713: Code of Conduct and Ethical
giving gifts on any occasion, including Christmas are
Standards for Public Officials and Employees
liable under PD 46.
Elements of Fraud against Public Treasury (par.1): Illegal exaction may be complexed with malversation
(1) That the offender is a public officer if illegal exaction was committed as a necessary
(2) That he should have taken advantage of his means to commit malversation.
public office, that is, he intervened in the
transaction in his official capacity Officers and employees of the BIR or Customs are
(3) That he entered into an agreement with any not covered by the article. The NIRC or the Revised
interested party or speculator or made use Administrative Code is the applicable law.
of any other scheme with regard to:
(a) Furnishing supplies 2. Article 214 - Other Frauds
(b) The making of contracts
(c) The adjustment or settlement of Elements:
accounts relating to public property or (1) Offender is a public officer;
funds (2) He takes advantage of his official position;
(3) He commits any of the frauds or deceits
Consummated by merely entering into agreement enumerated in Article 315 to 318 (estafa,
with any interested party or speculator or by merely other forms of swindling, swindling a
making use of other scheme to defraud the minor, other deceits).
government.
Additional penalty of temporary special
It is not necessary that the Government is actually disqualification in its maximum period to perpetual
defrauded by the reason of the transaction special disqualification, apart from the penalties
imposed in Arts 315-318.
Elements of Illegal Exactions (par.2.):
(1) That the offender is a public officer
entrusted with the collection of taxes, 3. Article 215 - Prohibited
licenses, fees and other imports; Transactions
(2) He is guilty of the following acts or
omissions: Elements:
(a) Demanding directly or indirectly, the (1) Offender is an appointive public officer;
payment of sums of different from or (2) He becomes interested, directly or
larger than those authorized by law; indirectly, in any transaction of exchange or
(b) Failing voluntarily to issue a receipt as speculation;
provided by law, for ay sum of money (3) The transaction takes place within the
collected by him officially; or territory subject to his jurisdiction;
(c) Collecting or receiving, directly or (4) He becomes interested in the transaction
indirectly, by way of payment or during his incumbency.
otherwise, things or object of a nature
different from that provided by law Examples of transactions of exchange or speculation
are: buying and selling stocks, commodities, land etc
This can only be committed principally by a public wherein one hopes to take advantage of an expected
officer whose official duty is to collect taxes, license rise or fall in price
fees, import duties and other dues payable to the
government. Purchasing of stocks or shares in a company is simple
investment and not a violation of the article.
Mere demand of a larger or different amount is However, regularly buying securities for resale is
sufficient to consummate the crime. The essence is speculation.
the improper collection (damage to government is
not required). The offender may also be held liable under RA 3019
Sec 3(i). (infra)
The act of receiving payment due the government
without issuing a receipt will give rise to illegal
CRIMINAL LAW REVIEWER
4. Article 216 - Possession of The public officer must have official custody or the
duty to collect or receive funds due the government,
Prohibited Interest by a Public or the obligation to account for them.
194 Officer
It is not necessary that the offender profited for as
Persons liable: long as the accountable officer was remiss in his
(1) Public officer who, directly or indirectly, duty of safekeeping public funds or property. He is
became interested in any contract or liable for malversation if such funds were lost or
business in which it was his official duty to otherwise misappropriated by another.
intervene;
(2) Experts, arbitrators, and private It can be committed either with malice or through
accountants who, in like manner, took part negligence or imprudence. This is one crime in the
in any contract or transaction connected Revised Penal Code where the penalty is the same
with the estate or property in the appraisal, whether committed with dolo or through culpa.
distribution or adjudication of which they
had acted; The nature of the duties of the public officer, not
(3) Guardians and executors with respect to the the name of the office, is controlling. The funds or
property belonging to their wards or the property must be received in an official capacity.
estate. Otherwise, the crime committed is estafa.
Fraud is not necessary. Intervention must be by If the public officer is not accountable for the funds
virtue of the public office held. or property but someone else is, the crime
committed is theft or qualified theft if there is an
The basis here is the possibility that fraud may be abuse of confidence.
committed or that the officer may place his own
interest above that of the government or party he Returning the malversed funds is not exempting, it is
represents. only mitigating.
The accused incurred shortage (P1.74) mainly (3) He is required by law or regulation to
because the auditor disallowed certain cash render account to the Commission on Audit,
advances the accused granted to employees. But on or to a provincial auditor;
the same date that the audit was made, he partly (4) He fails to do so for a period of two months 195
reimbursed the amount and paid it in full three days after such accounts should be rendered.
later.
Demand for accounting is not necessary. It is also not
The Supreme Court considered the circumstances as essential that there be misappropriation because if
negative of criminal intent. The cash advances were present, the crime would be malversation.
made in good faith and out of good will to co-
employees which was a practice tolerated in the 3. Article 219 - Failure of a
office. There was no negligence, malice, nor intent
to defraud. [Quizo v. Sandiganbayan] Responsible Public Officer to
Render Accounts Before Leaving
Malversation (Art. 217) Estafa with Abuse of the Country
Confidence (Art. 315)
Funds or property usually Funds/property are Elements:
public always private (1) Offender is a public officer;
(2) He is an accountable officer for public funds
Offender is usually a public Offender is a private or property;
officer who is accountable individual or even a (3) He unlawfully leaves or attempts to leave
for the public public officer who is the Philippine Islands without securing a
funds/property not accountable for certificate from the Commission on Audit
public funds/property showing that his accounts have been finally
settled.
Crime is committed by Crime is committed
appropriating, taking, or by misappropriating, The purpose of the law is to discourage responsible
misappropriating/consenting converting, or or accountable officers from leaving without first
or through abandonment or denying having liquidating their accountability. It is not necessary
negligence, permitting any received money, that they really misappropriated public funds.
other person to take the goods or other
public funds/property personal property
4. Article 220 - Illegal Use of Public
Funds or Property
No element of damage. There is damage.
Elements:
Demand not necessary. There is a need for (1) Offender is a public officer;
prior demand. (2) There are public funds or property under his
administration;
A routine government audit was conducted in Wa- (3) Such fund or property were appropriated by
Acons office and it was discovered that the sacks of law or ordinance;
rice entrusted to him for safekeeping were missing. (4) He applies such public fund or property to
any public use other than for which it was
Art 217 no longer requires proof by the State that appropriated for.
the accused actually appropriated, took, or
misappropriated public funds or property; instead, a Illegal use of public funds or property is also known
presumption, though disputable and rebuttable, was as technical malversation. The term technical
installed upon demand by any duly authorized malversation is used because in this crime, the fund
officer, the failure of a public officer to have duly or property involved is already appropriated or
forthcoming any public funds or property which said earmarked for a certain public purpose.
officer is accountable for should be prima facie
evidence that he had put such missing funds or Regardless of damage or embarrassment to the
properties to personal use. [People v. Wa-Acon public service.
(2006)]
Malversation vs. Technical Malversation
2. Article 218 - Failure of Malversation (Art. 217) Technical malversation
(Art. 220)
Accountable Officer to Render
Accounts The offender The public officer
misappropriates public applies the public funds
funds or property for his or property under his
Elements:
own personal use, or administration to
(1) Offender is public officer, whether in the
allows any other person another public use
service or separated therefrom by
to take such funds or different from that for
resignation or any other cause;
property for the latters which the public fund
(2) He is an accountable officer for public funds
own personal use. was appropriated by law
or property;
CRIMINAL LAW REVIEWER
(1) Private individual who, in any capacity, The liability of an escaping prisoner:
have charge of any national, provincial or (1) If he is a prisoner by final judgment, he is
municipal funds, revenue, or property liable for evasion of service (Art. 157)
(2) Administrator or depositary of funds or (2) If he is a detention prisoner, he does not
property that has been attached, seized or incur criminal liability (unless cooperating
deposited by public authority, even if with the offender).
owned by a private individual.
3. Article 225 - Escape of Prisoner
Sheriffs and receivers fall under the term under the Custody of a Person Not
administrator. A judicial administrator in charge
of settling the estate of the deceased is not covered
a Public Officer
by the article.
Elements:
(1) Offender is a private person;
E. Chapter V: Infidelity of Public (2) The conveyance or custody of a prisoner or
Officers person under arrest is confided to him;
(3) The prisoner or person under arrest
0. escapes;
1. Article 223 - Conniving With or (4) Offender consents to the escape, or that
Consenting to Evasion the escape takes place through his
negligence.
Elements:
(1) Offender is a public officer; If the offender who aided or consented to the
(2) He had in his custody or charge a prisoner, prisoners escaping from confinement, whether the
either detention prisoner or prisoner by prisoner is a convict or a detention prisoner, is not
final judgment; the custodian, the crime is delivering prisoners from
(3) Such prisoner escaped from his custody; jail under Article 156.
CRIMINAL LAW REVIEWER
The party who is not the custodian but who 5. Article 227 - Officer Breaking Seal
conspired with the custodian in allowing the prisoner
to escape does not commit infidelity in the custody Elements:
197
of the prisoner. (1) Offender is a public officer;
(2) He is charged with the custody of papers or
Art. 225 not applicable if a private person was the property;
one who made the arrest and he consented to the (3) These papers or property are sealed by
escape of the person he arrested. proper authority;
(4) He breaks the seal or permits them to be
Policeman Rodillas escorted detained prisoner Sacris broken.
to the court. After the court adjourned he let her
eat lunch with her family, permitted her to go to the In "breaking of seal", the word "breaking" should not
ladies washroom unescorted and after her escape, be given a literal meaning. Even if actually, the seal
did not report it immediately to his superiors, was not broken, because the custodian managed to
instead he went around looking for her. open the parcel without breaking the seal.
SC held that he is guilty of the crime in Art 224 for The element of damage is not required.
being negligent in the performance of his duties
which made the escape of Sacris possible. [People v.
Rodillas] 6. Article 228 - Opening of Closed
Documents
4. Article 226 - Removal,
Elements:
Concealment, or Destruction of (1) Offender is a public officer;
Documents (2) Any closed papers, documents, or objects
are entrusted to his custody;
Elements: (3) He opens or permits to be opened said
(1) Offender is a public officer; closed papers, documents or objects;
(2) He abstracts, destroys or conceals a (4) He does not have proper authority.
document or papers;
(3) Said document or papers should have been The act should not fall under 227. Damage also not
entrusted to such public officer by reason of necessary
his office;
(4) Damage, whether serious or not, to a third
party or to the public interest has been
7. Article 229 - Revelation of Secrets
caused. by an Officer
Can only be committed by the public officer who is Mode 1. Revealing any secrets known to the
made the custodian of the document in his official offending public officer by reason of
capacity. his official capacity;
If the officer was placed in possession of the
document but it is not his duty to be the custodian Elements:
thereof, this crime is not committed. (1) Offender is a public officer;
(2) He knows of a secret by reason of his
The document must be complete and one by which a official capacity;
right could be established or an obligation could be (3) He reveals such secret without authority or
extinguished. justifiable reasons;
(4) Damage, great or small, is caused to the
If the writings are mere forms, there is no crime. public interest.
Espionage is not contemplated in this article since (3) Such judgment, decision or order was made
revelation of secrets of the State to a belligerent within the scope of the jurisdiction of the
198 nation is already defined in Art 117 and CA 616. superior authority and issued with all the
legal formalities;
Secrets must affect public interest. Secrets of (4) He, without any legal justification, openly
private persons are not included. refuses to execute the said judgment,
decision or order, which he is duty bound to
Charge: means custody or control. If he is merely obey.
entrusted with the papers and not with the custody 2. Article 232 - Disobedience to the
thereof, he is not liable under this article.
Order of Superior Officer When
If the papers contain secrets which should not be Said Order Was Suspended by
published, and the public officer having charge Inferior Officer
thereof removes and delivers them wrongfully to a
third person, the crime is revelation of secrets. Elements:
(1) Offender is a public officer;
On the other hand, if the papers do not contain (2) An order is issued by his superior for
secrets, their removal for an illicit purpose is execution;
infidelity in the custody of documents. (3) He has for any reason suspended the
execution of such order;
Damage is essential to the act committed. (4) His superior disapproves the suspension of
the execution of the order;
Revelation Of Secrets Removal, Concealment (5) Offender disobeys his superior despite the
By An Officer (Art. 229) or Destruction of disapproval of the suspension.
Documents (Art. 226)
The papers contain The papers do not This does not apply if the order of the superior is
secrets and therefore contain secrets but their illegal.
should not be published, removal is for an illicit
and the public officer purpose. 3. Article 233 - Refusal of Assistance
having charge thereof
removes and delivers Elements:
them wrongfully to a (1) Offender is a public officer;
third person.
(2) A competent authority demands from the
offender that he lend his cooperation
8. Article 230 - Public Officers towards the administration of justice or
Revealing Secrets of Private other public service;
Individuals (3) Offender maliciously fails to do so.
Elements:
(1) Person is killed;
(2) Deceased is killed by the accused;
(3) Deceased is the
(a) legitimate/illegitimate father
(b) legitimate/illegitimate mother
(c) legitimate/illegitimate child
* should not be less than 3 days old,
otherwise crime is infanticide
(d) other legitimate ascendant
(e) other legitimate descendant
(F) legitimate spouse
Supreme Court ruled that Muslim husbands with Evidence of the victims promiscuity is
202 several wives can be convicted of parricide only in inconsequential to the killing. The offender must
case the first wife is killed. prove that he actually surprised his wife and [her
paramour] in flagrante delicto, and that he killed
Parricide when the penalty shall not be reclusion the man during or immediately thereafter. [People
perpetua to death: v. Puedan]
(1) Reckless or simple imprudence (Art. 365)
(2) Parricide by mistake (Art. 49) The killing must be the direct result of the outrage
(3) Parricide under exceptional circumstances suffered by the cuckolded husband.
(Art. 247)
Although about one hour had passed between the
A stranger who cooperates and takes part in the time the accused discovered his wife having sexual
commission of the crime of parricide, is not guilty of intercourse with the victim and the time the latter
parricide but only homicide or murder, as the case was actually killed, it was held that Article 247 was
may be. applicable, as the shooting was a continuation of the
pursuit of the victim by the accused.
The key element in parricide is the relationship of
the offender with the victim. Ergo, the fact of the Inflicting death under exceptional circumstances is
relationship should be alleged in the information. not murder.
[People vs. Dalag]
Two other persons suffered physical injuries as they
2. Article 247 - Death or Physical were caught in the crossfire when the accused shot
Injuries Under Exceptional the victim. A complex crime of double frustrated
murder was not committed as the accused did not
Circumstances have the intent to kill the two victims. Here, the
(asked 8 times)
accused did not commit murder when he fired at the
paramour of his wife. No aberratio ictus because he
Elements: was acting lawfully. [People v. Abarca]
(1) A legally married person, or a parent,
surprises his spouse or his daughter, the
latter under 18 years of age and living with 3. Article 248 - Murder
him in the act of sexual intercourse with (asked 20 times)
another person;
(2) He or she kills any or both of them, or Elements:
inflicts upon any or both of them any (1) Person was killed;
serious physical injury in the act or (2) Accused killed him;
immediately thereafter; (3) Killing attended by any of the following
(3) He has not promoted or facilitated the qualifying circumstances (EPIC2 SW2AT)
prostitution of his wife or daughter, or that (a) with treachery, taking advantage of
she has not consented to the infidelity of superior strength, with the aid of
the other spouse. armed men, or employing means to
weaken the defense, or of means or
Living with parent(s) is understood to be in their persons to insure or afford impunity;
own dwelling. (b) in consideration of a price, reward or
promise;
If done in a motel, article does not apply. (c) by means of inundation, fire, poison,
explosion, shipwreck, stranding of a
Surprise means to come upon suddenly and vessel, derailment or assault upon a
unexpectedly. railroad, fall of an airship, by means of
motor vehicles, or with the use of any
Immediately thereafter: there is no set time as other means involving great waste and
jurisprudence has held 1 hour or even 4 hours as ruin;
immediately thereafter. However, the act done (d) on occasion of any of the calamities
must be a direct result of the outrage of the enumerated in the preceding
cuckolded spouse, and a continuous act from the paragraph, or of an earthquake,
moment of the surprising. eruption of a volcano, destructive
cyclone, epidemic, or any other public
Article does not apply: If the surprising took place calamity;
before any actual sexual intercourse could be done. (e) with evident premeditation;
Destierro for killer spouse is not so much a penalty (f) with cruelty, by deliberately and
as it is meant to protect him from acts of reprisal by inhumanly augmenting the suffering of
relatives of dead spouse. This is because law regards the victim, or outraging or scoffing at
the act done in 247 as a lawful action. his person or corpse.
(4) The killing is not parricide or infanticide.
No criminal liability when less serious or slight
physical injuries are inflicted.
CRIMINAL LAW REVIEWER
One attendant qualifying circumstance is enough. If Act of the offender manifestly indicating that he
there are more than one alleged in the information clung to his determination to kill his victim.
for murder, only one will qualify the killing to
murder and the other circumstances will be taken as Evident premeditation is absorbed in price, reward 203
generic aggravating circumstance. or promise, if without the premeditation the
Any of the qualifying circumstances enumerated in inductor would not have induced the other to
Art. 248 must be alleged in the information. When commit the act but not as regards the one induced.
the other circumstances are absorbed or included in
one qualifying circumstance, they cannot be
considered as generic aggravating. Pariseo Tayag was shot dead by several policemen in
the course of their pursuit to get his fan knife.
When the victim is already dead, intent to kill
becomes irrelevant. It is important only if the victim Although it has not been shown which of the
did not die to determine if the felony is physical policemen fired the fatal shot each should be held
injury or attempted or frustrated homicide. guilty of murder since they are in conspiracy to
effect the death of the victim. [People v.
TREACHERY Buensuceso (1984)]
The essence of treachery is that the offended party
was denied the chance to defend himself because of CRUELTY
the means, methods, deliberately adopted by the Under Article 14, the generic aggravating
offender and were not merely incidental to the circumstance of cruelty requires that the victim be
killing. alive, when the cruel wounds were inflicted and,
therefore, there must be evidence to that effect.
Killing of a child of tender age is murder qualified by
treachery. Yet, in murder, aside from cruelty, any act that
would amount to scoffing or decrying the corpse of
Abuse of superior strength is inherent in and the victim will qualify the killing to murder.
comprehended by the circumstance of treachery or
forms part of treachery. 4. Article 249 - Homicide
(asked 16 times)
FIRE
When a person is killed by fire, the primordial Elements:
criminal intent of the offender is considered. (1) Person was killed;
(2) Offender killed him without any justifying
If the primordial criminal intent of the offender is to circumstances;
kill and fire was only used as a means to do so, the (3) Offender had the intention to kill, which is
crime is only murder. presumed;
(4) Killing was not attended by any of the
If the primordial criminal intent of the offender is to qualifying circumstances of murder, or by
destroy property with the use of pyrotechnics and that of parricide or infanticide
incidentally, somebody within the premises is killed,
the crime is arson with homicide, a single indivisible
crime penalized under Article 326, which is death as Use of unlicensed firearm is an aggravating
a consequence of arson. circumstance in homicide.
Accused pharmacist prepared the medicine on suffered serious physical injuries or physical
prescription but erroneously used a highly poisonous injuries of a less serious nature only;
204 substance. When taken by the patient, the latter (3) The person responsible thereof cannot be
nearly died. Accused is guilty only of reckless identified;
imprudence resulting in serious physical injuries. (4) All those who appear to have used violence
upon the person of the offended party are
The element of intent to kill in frustrated homicide known.
is incompatible with negligence or imprudence.
[People v. Castillo]
Physical injury should be serious or less serious.
Tumultuous affray is a commotion in a confused This does not contemplate euthanasia or mercy
manner to an extent that it would not be possible to killing where the crime is murder. (if without
identify who the killer is if death results, or who consent; with consent, covered by Article 253).
inflicted the serious physical injury, but the person Euthanasia is not lending assistance to suicide. In
or persons who used violence are known. euthanasia, the victim is not in a position to commit
suicide.
If there is conspiracy, this crime is not committed.
The crime would be murder or homicide. A doctor who resorts to euthanasia of his patient
may be liable for murder. But if the patient himself
If nobody could still be traced to have employed asks to be killed by his doctor, this Article applies.
violence upon the victim, nobody will answer.
9. Article 254 - Discharge of Firearms
The crimes committed might be disturbance of
public order, or if participants are armed, it could Elements:
be tumultuous disturbance, or if property was (1) Offender discharges a firearm against
destroyed, it could be malicious mischief. or at another person.
(2) Offender has no intention to kill that
7. Article 252 - Physical Injuries person.
Caused in Tumultuous Affray
No crime if firearm is not discharged. It is essential
for prosecution to prove that the discharge of
Elements:
firearm was directed precisely against the offended
(1) There is a tumultuous affray;
party.
(2) A participant or some participants thereof
CRIMINAL LAW REVIEWER
If there is intention to kill, it may be classified as (3) Acting (by administering drugs or
attempted parricide, murder, or homicide. beverages), with the consent of the
pregnant woman.
No presumed intent to kill if the distance is 200 205
meters. ABORTION vs. INFANTICIDE
ABORTION INFANTICIDE
There is a special complex crime of illegal discharge Fetus could not sustain Fetus could sustain an
of firearm with serious or less serious physical independent life. No independent life after
injuries. legal viability. separation from the
mothers womb.
10. Article 255 - Infanticide
If the mother as a consequence of abortion suffers
Elements: death or physical injuries, you have a complex crime
(1) A child was killed by the accused; of murder or physical injuries and abortion.
(2) The deceased child was less than 3
days old. In intentional abortion, the offender must know of
the pregnancy because the particular criminal intent
If the offender is the parent and the victim is less is to cause an abortion.
than three days old, the crime is infanticide and not If the woman turns out not to be pregnant and
parricide. someone performs an abortion upon her, he is liable
for an impossible crime if the woman suffers no
The fact that the killing was done to conceal her physical injury.
dishonor will not mitigate the criminal liability
anymore because concealment of dishonor in killing If she dies or suffers injuries, the crime will be
the child is not mitigating in parricide. homicide, serious physical injuries, etc.
Only the mother and maternal grandparents of the Frustrated abortion is committed if the fetus that is
child are entitled to the mitigating circumstance of expelled is viable and, therefore, not dead as
concealing the dishonor. Concealment of dishonor is abortion did not result despite the employment of
not an element of infanticide. It merely lowers the adequate and sufficient means to make the pregnant
penalty. woman abort.
Mere boxing of the stomach taken together with the 15. Article 260 - Responsibility of
immediate strangling of the victim in a fight, is not
sufficient proof to show an intent to cause abortion.
Participants in a Duel
The accused must have merely intended to kill the Mode 1: Killing ones adversary in a duel;
victim but not necessarily to cause abortion.
Mode 2: Inflicting upon such adversary physical
The accused is liable for complex crime of parricide injuries;
with unintentional abortion for it was merely
incidental to the killing. [People v. Salufrania Mode 3: Making a combat although no physical
(1988)] injuries have been inflicted.
Persons liable
For the crime of abortion, even unintentional, to be (1) The person who killed or inflicted physical
held committed, the accused must have known of injuries upon his adversary, or both
the pregnancy. [People v. Carnaso] combatants in any other case, as principals.
(2) The seconds, as accomplices.
13. Article 258 - Abortion Duel is a formal or regular combat previously
Practiced by the Woman Herself consented to by two parties in the presence of two
or by Parents or more seconds of lawful age on each side, who
make the selection of arms and fix all the other
Elements: conditions of the fight to settle some antecedent
(1) There is a pregnant woman who has quarrel.
suffered an abortion;
(2) Abortion is intended; There is no such crime nowadays because people hit
(3) Abortion is caused by each other even without entering into any pre-
(a) The pregnant woman herself; conceived agreement. This is an obsolete provision.
(b) Any other person, with her consent; or If these are not the conditions of the fight, it is not a
(c) Any of her parents, with her consent duel in the sense contemplated in the Revised Penal
for the purpose of concealing her Code.
dishonour.
It will be a quarrel and anyone who killed the other
will be liable for homicide or murder, as the case
If the purpose of abortion is to conceal dishonor, may be.
mitigation applies only to pregnant woman and not
to parents of pregnant woman, unlike in infanticide. 16. Article 261 - Challenging to a
Duel
If the purpose of parents is not to conceal dishonor,
the crime is intentional abortion.
Mode 1. Challenging another to a duel;
Mode 2. Inciting another to give or accept a
14. Article 259 - Abortion by a challenge to a duel;
Physician or Midwife and Mode 3. Scoffing at or decrying another publicly
Dispensing of Abortives for having refused to accept a
challenge to fight a duel.
Elements:
(1) There is a pregnant woman who has Persons Responsible under Art. 261:
suffered an abortion; (1) Challenger
(2) The abortion is intended; (2) Instigators
(3) Offender, who must be a physician or
midwife, caused or assisted in causing the If one challenges another to a duel by shouting
abortion; Come down, Olympia, let us measure your prowess.
(4) Said physician or midwife took advantage of We will see whose intestines will come out. You are
his or her scientific knowledge or skill. a coward if you do not come down, the crime of
challenging to a duel is not committed.
If the abortion is produced by a physician to save the
life of the mother, there is no liability.
CRIMINAL LAW REVIEWER
What is committed is the crime of light threats (7) loses the use thereof; or
under Article 285, paragraph 1 of the Revised Penal (8) becomes ill or incapacitated for the
Code. [People v. Tacomoy] performance of the work in which he was
habitually engaged for more than 90 days in 207
B. Chapter II: Physical Injuries consequence of the physical injuries
inflicted;
0. (9) becomes ill or incapacitated for labor for
1. Article 262 - Mutilation more than 30 days (but must not be more
than 90 days), as a result of the physical
Mode 1. Intentionally mutilating another by injuries inflicted.
depriving him, either totally or
partially, of some essential organ for 3. Article 264 - Administering
reproduction; (Mutilation) Injurious Substances or Beverages
Elements:
Elements:
(1) There be a castration, that is, mutilation of
(1) Offender inflicted upon another any serious
organs necessary for generation, such as the
physical injury;
penis or ovarium;
(2) It was done by knowingly administering to
(2) The mutilation is caused purposely and
him any injurious substance or beverages or
deliberately by taking advantage of his weakness of
mind or credulity;
Mode 2. Intentionally making other mutilation, (3) He had no intent to kill.
that is, by lopping or clipping off any
part of the body of the offended
Physical Injuries vs. Attempted or Frustrated
party, other than the essential organ
homicide
for reproduction, to deprive him of
Physical Injuries Attempted or
that part of his body. (Mayhem)
Frustrated homicide
The offender inflicts Attempted homicide may
Intent to mutilate must be established. If there is
physical injuries. be committed, even if
no intent, the crime is only serious physical injury.
no physical injuries are
inflicted.
CASTRATION - intentionally mutilating another by
depriving him, either totally or partially, of some Offender has no intent The offender has an
essential organ for reproduction to kill the offended party intent to kill the
offended party.
MAYHEM - intentionally making other mutilation
other than some essential organ for reproduction The reason why there is no attempted or frustrated
and to deprive him of that part of the body crime of physical injuries is because this felony is
defined by the gravity of the injury. It is a crime of
result. As long as there is no injury, there can be no
2. Article 263 - Serious Physical attempted or frustrated stage thereof.
Injuries
(asked 6 times) Classification of physical injuries:
(1) Between less serious physical injuries and
Modes of Commission: serious physical injuries, you do not
(1) By wounding; consider the period of medical treatment.
(2) By beating; You only consider the period when the
(3) By assaulting; or offended party is rendered incapacitated
(4) By administering injurious substance. (Art. for labor.
264)
(2) When the injury created a deformity upon
Levels of Penalty: When the injured person, in the offended party, you disregard the
consequence of the physical injuries inflicted healing duration or the period of medical
(1) becomes insane, imbecilic, impotent or treatment involved. At once, it is
blind considered serious physical injuries.
(2) loses the use of speech or the power to
hear or to smell, or loses an eye, a hand, (3) Deformity requires the concurrence of the
afoot, an arm, or a leg; following conditions:
(3) loses the use of any such member; (a) The injury must produce ugliness;
(4) becomes incapacitated for the work in (b) It must be visible;
which he was theretofore habitually (c) The ugliness will not disappear through
engaged, in consequence of the physical natural healing process.
injuries inflicted;
(5) becomes deformed; or Illustration:
(6) loses any other member of his body;
CRIMINAL LAW REVIEWER
Serious physical injuries is punished with higher Between slight physical injuries and less serious
penalties in the following cases: physical injuries, not only the healing duration of
(1) If it is committed against any of the persons the injury will be considered but also the medical
referred to in the crime of parricide under attendance required to treat the injury.
Article 246;
(2) If any of the circumstances qualifying So the healing duration may be one to nine days, but
murder attended its commission. if the medical treatment continues beyond nine
days, the physical injuries would already qualify as
See Special Law: RA 8049 (The Anti-Hazing Law) less serious physical injuries.
See Special Law: RA 9745 (The Anti-Torture Law) The medical treatment may have lasted for nine
days, but if the offended party is still incapacitated
4. Article 265 - Less Serious Physical for labor beyond nine days, the physical injuries are
already considered less serious physical injuries.
Injuries
Where there is no evidence of actual injury, it is
Elements: only slight physical injuries.
(1) Offended party is incapacitated for labor
for 10 days or more (but not more than 30 In the absence of proof as to the period of the
days), or needs medical attendance for the offended partys incapacity for labor or of the
same period of time; required medical attendance, the crime committed
(2) The physical injuries must not be those is slight physical injuries.
described in the preceding articles.
See Special Law: RA 7610 (Special Protection of
Qualified as to penalty Children Against Child Abuse, Exploitation and
(1) A fine not exceeding P 500.00, in addition Discrimination Act)
to arresto mayor, when
(a) There is a manifest intent to insult or
offend the injured person; or 6. Article 266-A - Rape (amended by
(b) There are circumstances adding RA 8353)
ignominy to the offense. (asked: 10x)
(2) A higher penalty is imposed when the victim
is either Mode 1: Rape through sexual intercourse
(a) The offenders parents, ascendants, without consent of the woman:
guardians, curators or teachers; or (Traditional Rape)
(b) Persons of rank or person in authority,
provided the crime is not direct Elements:
assault. (1) Offender is a man;
(2) Offender had carnal knowledge of a woman;
5. Article 266 - Slight Physical (3) Such act is accomplished under any of the
following circumstances:
Injuries and Maltreatment (a) By using force, threat or intimidation;
(b) When the woman is deprived of reason
Mode 1. Physical injuries incapacitated the or is otherwise unconscious;
offended party for labor from 1-9 (c) By means of fraudulent machination or
days, OR required medical grave abuse of authority;
attendance during the same (d) When the woman is under 12 years of
period; age (Statutory Rape) or is demented.
Mode 2. Physical injuries which did not Mode 2: Rape Through Sexual Assault
prevent the offended party from
engaging in his habitual work or Elements:
which did not require medical (1) Offender commits an act of sexual assault;
attendance; (2) The act of sexual assault is committed by
any of the following means:
Mode 3. Ill-treatment of another by deed (a) By inserting his penis into another
without causing any injury. person's mouth or anal orifice; or
(b) By inserting any instrument or object
This involves even ill-treatment where there is no into the genital or anal orifice of
sign of injury requiring medical treatment.
CRIMINAL LAW REVIEWER
recognized
Age requirement was subsequently amended to refer
210 Complete penetration is NOT necessary. The also to mental age.
slightest penetrationcontact with the labiawill
consummate the rape. Incestuous rape refers to rape committed by an
ascendant of the offended woman. [People v.
Rape must have specific intent or lewd design. Atento]
A soldier raped a 19-year old student by poking a Gallo was found guilty of the crime of qualified rape
knife on her neck. Only a portion of his penis with the penalty of death.
entered her vagina because the victim kept on
struggling until she was able to escape. The accused The information filed against him does not allege his
was convicted of frustrated rape. relationship with the victim, his daughter, thus, it
CANNOT be considered as a qualifying circumstance.
There is NO crime of FRUSTRATED RAPE because in Special qualifying circumstances have to be alleged
rape, from the moment the offender has carnal in the information for it to be appreciated.
knowledge of the victim, he actually attains his
purpose, all the essential elements of the offense The case was reopened and the judgment is
have been accomplished. [People v. Orita] modified from death to reclusion perpetua. [People
v. Gallo]
Force employed against the victim of the rape need Evidence which may be accepted in the
not be of such character as could be resisted. When prosecution of rape:
the offender has an ascendancy or influence over the (1) Any physical overt act manifesting
girl, it is not necessary that she put up a determined resistance against the act of rape in any
resistance. A rape victim does not have the burden degree from the offended party; or
of proving resistance. (2) Where the offended party is so situated as
to render him/her incapable of giving his
Rape by means of fraudulent machinations and grave consent
abuse of authority absorbs the crime of qualified and
simple seduction. Rape shield rule: Character of the offended woman
is immaterial in rape.
Statutory rape is consummated when the victim is
below 12 yrs. old. Victims consent is immaterial. An accused may be convicted of rape on the sole
Offenders knowledge of the victims age is testimony of the offended woman.
immaterial in statutory rape. When several persons conspired to rape a single
Carnal knowledge of a child below 12 yrs. old even if victim, each shall be liable for the rape committed
she is engaged in prostitution is still considered personally by him, as well as those committed by the
statutory rape. [People v. Campuhan] others.
extinguish the criminal action or the the qualifying circumstances of minority and
penalty imposed. relationship. [People v. Abellano (2007)]
(2) When the legal husband is the offender, the
subsequent forgiveness by the wife as the A stepfather, who exercises moral and physical 211
offended party shall extinguish the criminal ascendancy over his stepdaughter, need not make
action or the penalty, provided that their any threat against her because the latter is cowed
marriage is NOT VOID ab initio. into submission when gripped with the fear of
refusing the advances of a person she customarily
Jurisprudence on TITLE EIGHT: obeys.
Elements: (PICK)
(1) Offender is a private individual;
(2) He kidnaps or detains another, or in any
other manner deprives the latter of his
liberty;
(3) The act of detention or kidnapping must be
illegal;
(4) In the commission of the offense, any of the
following circumstances is present:
(a) The kidnapping lasts for more than 3
days;
CRIMINAL LAW REVIEWER
The offenders here are private individuals or public Where the evident purpose of taking the victim was
officers acting in their private capacity. If they are to kill him, and from the acts of the accused it
public officers, they are covered by the crimes under cannot be inferred that the latters purpose was to
Title 2. actually detain or deprive the victim of his liberty,
the subsequent killing of the victim did not
When a public officer conspires with a private person constitute the crime of kidnapping. The demand for
in the commission of any of the crimes under Title ransom did not convert the crime into kidnapping,
IX, the crime is also one committed under this title since no deprivation of liberty was involved. [People
and not under Title II. v Padica (1993)]
The purpose is immaterial when any of the The essence of kidnapping is the actual deprivation
circumstances in the first paragraph of Art. 267 is of the victims liberty coupled with the intent of the
present. accused to effect it. [People v Luartes (1999)]
Essential element: deprivation of liberty. The duration of the detention even if only for a few
hours does not alter the nature of the crime
Definition of ransom: It is the money, price or committed. [People v Pavillare (2000)]
consideration paid or demanded for redemption of a
captured person or persons, a payment that releases Physical detention is not necessary. It is enough that
a person from captivity. the victim is under the complete control of the
perpetrators as in this case when the Japanese
When the kidnapping was done to extort ransom, it victim had to rely on his abductors for survival after
is not necessary that one or any of circumstances he was tricked into believing that the police was
enumerated be present. after him.
Actual demand for ransom not necessary, as long as It was also held in this case that keeping a person as
it can be proven that the kidnapping was done for collateral for payment of an obligation is kidnapping.
the purpose of extorting money. [People v. Tomio]
Where a minor child was taken by the accused But where is proven that the defendant was obliged
without the knowledge and consent of his parents, to render service in plaintiffs house as a servant
the crime is kidnapping and serious illegal detention without remuneration whatever and to remain there
under Article 267, not kidnapping and failure to so long as she has not paid her debt, there is slavery.
return a minor under Article 270. [People v.
Mendoza] See Special Law: RA 9208 (Anti-Trafficking of Person
Act of 2003)
5. Article 271 - Inducing a Minor to
Abandon His Home 7. Article 273 - Exploitation of Child
(asked twice) Labor
(asked once)
Elements: (LI)
(1) A minor (whether over or under seven years Elements: (RARage)
of age) is living in the home of his parents (1) Offender retains a minor in his services;
or guardians or the person entrusted with (2) It is against the will of the minor;
his custody; (3) It is under the pretext of reimbursing
(2) Offender induces said minor to abandon himself of a debt incurred by an ascendant,
such home. guardian or person entrusted with the
custody of such minor.
Inducement must be (a) actual, and (b) committed
with criminal intent The existence of indebtedness constitutes no legal
justification for holding a person and depriving him
The minor should not leave his home of his own free of his freedom to live where he wills.
will.
8. Article 274 - Services Rendered
What constitutes the crime is the act of inducing a
minor to abandon his home of his guardian, and it is Under Compulsion in Payment of
not necessary that the minor actually abandons the Debt
home. (asked once)
Father or mother may commit the crimes in Art. 170 Elements: (CAP)
and 171 where they are living separately and the (1) Offender compels a debtor to work for him,
custody of the minor children is given to one of either as a household servant or farm
them. laborer;
(2) It is against the debtors will;
6. Article 272 - Slavery (3) The purpose is to require or enforce the
(asked once) payment of a debt.
B. Chapter II: Crimes against The ruling that the intent to kill is presumed from
the death of the victim of the crime is applicable
Security only to crimes against persons, and not to crimes
216
0. against security, particularly the crime of
abandoning a minor under Art. 276.
1. Article 275 - Abandonment of
Persons in Danger and
3. Article 277 - Abandonment of
Abandonment of Own Victim
(asked once)
Minor by Person Entrusted With
Custody; Indifference of Parents
MODE 1: Failing to render assistance to any
person whom the offender finds in an MODE 1: Delivering a minor to a public
uninhabited place, wounded or in institution or other persons without
danger of dying when he can render the consent of the one who entrusted
such assistance without detriment to such minor to the care of the
himself, unless such omission shall offender or, in the absence of that
constitute a more serious offense. one, without the consent of the
proper authorities;
Elements: (UWOF) Elements:
(1) The place is not inhabited; (1) Offender has charge of the rearing or
(2) Accused found there a person wounded or education of a minor;
in danger of dying; (2) He delivers said minor to a public institution
(3) Accused can render assistance without or other persons;
detriment to himself; (3) The one who entrusted such child to the
(4) Accused fails to render assistance. offender has not consented to such act; or
if the one who entrusted such child to the
MODE 2: Failing to help or render assistance offender is absent, the proper authorities
to another whom the offender has have not consented to it.
accidentally wounded or injured; (FA)
MODE 2. Neglecting his (offenders) children
MODE 3: By failing to deliver a child, under by not giving them the education
seven years of age, whom the which their station in life requires
offender has found abandoned, to and financial condition permits.
the authorities or to his family, or by
failing to deliver him to a safe place. Elements:
(SAD) (1) Offender is a parent;
(2) He neglects his children by not giving them
Does not apply: When a person intentionally wounds education;
another and leaves him in an uninhabited place. (3) His station in life requires such education
and his financial condition permits it.
Immaterial: That the offender did not know that the
child is under seven years. ABANDONMENT OF ABANDONMENT OF
MINOR BY PERSONS MINOR
2. Article 276 - Abandoning a Minor ENTRUSTED WITH (ART. 276)
CUSTODY
(ART. 277)
Elements: (SCAN)
The custody of the The custody of the
(1) Offender has the custody of a child;
offender is specific, that offender is stated in
(2) The child is under seven years of age;
is, the custody for the general
(3) He abandons such child;
rearing or education of
(4) He has no intent to kill the child when the
the minor
latter is abandoned.
Minor is under 18 yrs. of Minor is under 7 years of
Circumstances qualifying the offense: age age
(1) When the death of the minor resulted from Minor is delivered to a Minor is abandoned in
such abandonment; or public institution or such a way as to deprive
(2) If the life of the minor was in danger other person him of the care and
because of the abandonment. protection that his
tender years need
The purpose in abandoning the minor under his
custody is to avoid the obligation of taking care of
said minor.
Intent to kill cannot be presumed from the death of 4. Article 278 - Exploitation of
the child. Minors
CRIMINAL LAW REVIEWER
Mode 1. Causing any boy or girl under 16 If the employer is an ascendant, the crime is not
years of age to perform any committed, unless the minor is less than 12 years
dangerous feat of balancing, physical old.
strength or contortion, the offender 217
being any person; If the minor so employed would suffer some injuries
as a result of a violation of Article 278, Article 279
Mode 2. Employing children under 16 years of provides that there would be additional criminal
age who are not the children or liability for the resulting felony.
descendants of the offender in
exhibitions of acrobat, gymnast, 5. Article 280 - Qualified Trespass to
rope-walker, diver, or wild-animal
Dwelling
tamer, the offender being an
(asked 5 times)
acrobat, etc., or circus manager or
engaged in a similar calling;
Elements (PrEA)
(1) Offender is a private person;
Mode 3. Employing any descendant under 12
(2) He enters the dwelling of another;
years of age in dangerous exhibitions
(3) Such entrance is against the latters will.
enumerated in the next preceding
paragraph, the offender being
engaged in any of the said callings; DWELLING: This is the place that a person inhabits.
It includes the dependencies which have interior
Mode 4. Delivering a child under 16 years of age communication with the house.
gratuitously to any person following
any of the callings enumerated in It is not necessary that it be the permanent dwelling
paragraph 2, or to any habitual of the person; hence, a persons room in a hotel may
vagrant or beggar, the offender be considered a dwelling.
being an ascendant, guardian,
teacher or person entrusted in any It also includes a room where one resides as a
capacity with the care of such child; boarder.
Mode 5. Inducing any child under 16 years of If the purpose in entering the dwelling is not shown,
age to abandon the home of its trespass is committed.
ascendants, guardians, curators or
teachers to follow any person If the purpose is shown, it may be absorbed in the
engaged in any of the callings crime as in robbery with force upon things, the
mentioned in paragraph 2 or to trespass yielding to the more serious crime.
accompany any habitual vagrant or
beggar, the offender being any If the purpose is not shown and while inside the
person. dwelling he was found by the occupants, one whom
he subsequently injured if there was a struggle, the
crime committed will be trespass to dwelling and
Circumstance qualifying the offense:
frustrated homicide or physical injuries, or if there
(1) If the delivery of the child to any person
was no injury, unjust vexation.
following any of the calling of acrobat,
gymnast, rope-walker, diver, wild-animal
If the entry is made by a way not intended for entry
tamer or circus manager or to any habitual
that is presumed to be against the will of the
vagrant or beggar is made in consideration
occupant (example, entry through a window).
of any price, compensation or promise, the
penalty is higher.
It is not necessary that there be a breaking.
(2) The offender is engaged in a kind of
Against the will: This means that the entrance is,
business that would place the life or limb of
either expressly or impliedly, prohibited or the
the minor in danger, even though working
prohibition is presumed.
for him is not against the will of the minor.
Fraudulent entrance may constitute trespass. The
Nature of the Business: this involves circuses which
prohibition to enter may be made at any time and
generally attract children so they themselves may
not necessarily at the time of the entrance.
enjoy working there unaware of the danger to their
own lives and limbs.
To prove that an entry is against the will of the
occupant, it is not necessary that the entry should
Age: Must be below 16 years. Article 278 has no
be preceded by an express prohibition, provided that
application if minor is 16 years old and above, but
the opposition of the occupant is clearly established
the exploitation will be dealt with by RA 7610.
by the circumstances under which the entry is made,
such as the existence of enmity or strained relations
between the accused and the occupant.
CRIMINAL LAW REVIEWER
Offender is public officer: crime is violation of infliction upon his person, honor or
domicile. property or that of this family of any
218 wrong amounting to a crime and
No overt act of the crime intended to be committed: demanding money or imposing any
Crime is trespass to dwelling. other condition, even though not
unlawful, and the offender attained
Examples of trespass by means of violence: his purpose;
(1) Pushing the door violently and maltreating
the occupants after entering. Elements:
(2) Cutting of a ribbon or string with which the (1) That the offender threatens another person
door latch of a closed room was fastened. with the infliction upon the latters person,
The cutting of the fastenings of the door honor or property, or upon that of the
was an act of violence. latters family, of any wrong.
(3) Wounding by means of a bolo, the owner of (2) That such wrong amounts to a crime.
the house immediately after entrance (3) That there is a demand for money or that
any other condition is imposed, even though
Examples of trespass by means of intimidation: not unlawful.
(1) Firing a revolver in the air by persons (4) That the offender attains his purpose.
attempting to force their way into a house.
(2) The flourishing of a bolo against inmates of Mode 2. Making such threat without the
the house upon gaining an entrance offender attaining his purpose;
Mode 1. Threatening another with a weapon, In case of grave coercion where the offended party
or by drawing such weapon in a is being compelled to do something against his will,
quarrel, unless it be in lawful self- whether it be wrong or not, the crime of grave
defense; coercion is committed if violence or intimidation is
employed in order to compel him to do the act.
Mode 2. Orally threatening another, in the
heat of anger, with some harm A public officer who shall prevent by means of
constituting a crime, without violence or threats the ceremonies or manifestations
persisting in the idea involved in his of any religion is guilty of interruption of religious
threat; worship (Art. 132).
Mode 3. Orally threatening to do another any Any person who, by force, prevents the meeting of a
harm not constituting a felony. legislative body is liable under Art. 143.
Under the first type, the subsequent acts of the Any person who shall use force or intimidation to
offender must show that he did not persist in the prevent any member of Congress from attending the
idea involved in the threat. meetings thereof, expressing his opinions, or casting
his vote is liable under Art. 145.
Threats which are ordinarily grave threats, if made The crime is not grave coercion when the violence is
in the heat of anger, may be other light threats. employed to seize anything belonging to the debtor
of the offender. It is light coercion under Art. 287.
If the threats are directed to a person who is absent
and uttered in a temporary fit of anger, the offense The owner of a thing has no right to prohibit the
is only other light threats. interference of another with the same, if the
interference is necessary to avert an imminent
11. Article 286 - Grave Coercions danger and the threatened damage, compared to the
damage arising to the owner from the interference,
(asked 8 times)
is much greater. (Art. 432, Civil Code)
Mode 1. Preventing another, by means of
Neither the crime of threats nor coercion is
violence, threats or intimidation,
committed although the accused, a branch manager
from doing something not prohibited
of a bank made the complainant sign a withdrawal
by law;
slip for the amount needed to pay the spurious dollar
check she had encashed, and also made her execute
Mode 2. Compelling another, by means of
an affidavit regarding the return of the amount
violence, threats or intimidation, to
against her better sense and judgment. The
do something against his will,
complainant may have acted reluctantly and with
whether it be right or wrong.
hesitation, but still, it was voluntary. [Lee v. CA]
Elements:
(1) A person prevented another from doing 12. Article 287 - Light Coercions
something not prohibited by law, or that he
compelled him to do something against his Elements:
will; be it right or wrong; (1) Offender must be a creditor;
(2) The prevention or compulsion be effected (2) He seizes anything belonging to his debtor:
by violence, threats or intimidation; and (3) The seizure of the thing be accomplished by
(3) The person that restrained the will and means of violence or a display of material
liberty of another had not the authority of force producing intimidation;
law or the right to do so, or in other words, (4) The purpose of the offender is to apply the
CRIMINAL LAW REVIEWER
same to the payment of the debt. No employer shall limit or otherwise interfere with
the freedom of any employee to dispose of his
220 Deals with light coercions wherein violence is wages. He shall not in any manner force, compel,
employed by the offender who is a creditor in seizing oblige his employees to purchase merchandise,
anything belonging to his debtor for the purpose of commodities or other property from the employer or
applying the same to the payment of the debt. from any other person. (Art. 112, Labor Code.)
Unjust Vexation: Any act committed without 14. Article 289 - Formation,
violence, but which unjustifiably annoys or vexes an Maintenance, and Prohibition of
innocent person amounts to light coercion. It should
include any human conduct which, although not Combination of Capital or Labor
productive of some physical or material harm would, through Violence or Threats
however, unjustifiably annoy or vex an innocent
person. Elements:
(1) Offender employs violence or threats, in
Unjust Vexation is distinguished from grave coercion such a degree as to compel or force the
by the absence of violence. laborers or employers in the free and legal
exercise of their industry or work;
13. Article 288 - Other Similar (2) The purpose is to organize, maintain or
prevent coalitions of capital or labor, strike
Coercions of laborers or lockout of employers.
Mode 1. Forcing or compelling, directly or Repealed by the Labor Code.
indirectly, or knowingly permitting
the forcing or compelling of the
laborer or employee of the offender C. Chapter III: Discovery and
to purchase merchandise of Revelation of Secrets
commodities of any kind from him;
0.
Elements: 1. Article 290 - Discovering Secrets
(1) Offender is any person, agent or officer of through Seizure of
any association or corporation; Correspondence
(2) He or such firm or corporation has
employed laborers or employees; Elements:
(3) He forces or compels, directly or indirectly, (1) Offender is a private individual or even a
or knowingly permits to be forced or public officer not in the exercise of his
compelled, any of his or its laborers or official function;
employees to purchase merchandise or (2) He seizes the papers or letters of another;
commodities of any kind from him or from (3) The purpose is to discover the secrets of
said firm or corporation. such another person;
(4) Offender is informed of the contents of the
Mode 2. Paying the wages due his laborer or papers or letters seized.
employee by means of tokens or
object other than the legal tender
This is a crime against the security of ones papers
currency of the Philippines, unless
and effects. The purpose must be to discover its
expressly requested by such laborer
effects. The act violates the privacy of
or employee.
communication.
Elements:
According to Dean Ortega, it is not necessary that
(1) Offender pays the wages due a laborer or
the offender should actually discover the contents of
employee employed by him by means of
the letter. Reyes, citing People v. Singh, CA, 40 OG,
tokens or object;
Suppl. 5, 35, believes otherwise.
(2) Those tokens or objects are other than the
legal tender currency of the Philippines;
The last paragraph of Article 290 expressly makes
(3) Such employee or laborer does not
the provision of the first and second paragraph
expressly request that he be paid by means
thereof inapplicable to parents, guardians, or
of tokens or objects.
persons entrusted with the custody of minors placed
under their care or custody, and to the spouses with
General rule: wages shall be paid in legal tender
respect to the papers or letters of either of them.
and the use of tokens, promissory notes, vouchers,
coupons or any other forms alleged to represent
The teachers or other persons entrusted with the
legal tender is absolutely prohibited even when
care and education of minors are included in the
expressly requested by the employee. (Section 1,
exceptions.
Rule VIII, Book III, Omnibus Rules Implementing the
Labor Code)
Distinction from estafa, damage to property, and
unjust vexation:
CRIMINAL LAW REVIEWER
(1) If the act had been executed with intent of The revelation of the secret might be made after the
gain, it would be estafa; employee or workman had ceased to be connected
(2) If, on the other hand, the purpose was not with the establishment.
to defraud, but only to cause damage to 221
anothers, it would merit the qualification Prejudice is an element of the offense.
of damage to property;
(3) If the intention was merely to cause See also:
vexation preventing another to do (1) RA 4200: Anti-Wiretapping Act
something which the law does not prohibit (2) RA 9372: Human Security Act
or compel him to execute what he does not (3) RA 9208: Anti-Trafficking in Persons Act
want, the act should be considered as
unjust vexation.
VIOLENCE AGAINST OR USE OF FORCE UPON The crime defined in this article is a special complex
INTIMIDATION OF THINGS crime.
PERSON
building (Art. 299 & On the occasion and by reason mean that 223
302) homicide or serious physical injuries must be
The penalty depends on: If committed in an committed in the course or because of the robbery.
(1) the result of the inhabited house, public
violence used building, or edifice The violence must be against the person, not upon
(homicide, devoted to religious the thing taken. It must be present before the taking
rape, worship, the penalty is of personal property is complete.
intentional based on:
mutilation, (1) the value of the Homicide is used in its generic sense, as to include
serious physical thing taken and parricide and murder. Hence, there is no robbery
injuries, less (2) whether or not the with murder. The crime is still robbery with
serious or slight offenders carry homicide even if, in the course of the robbery, the
physical injuries arms; person killed was another robber or a bystander.
resulted) and
(2) the existence of Even if the rape was committed in another place, it
intimidation is still robbery with rape. When the taking of
only personal property of a woman is an independent act
following defendants failure to consummate the
rape, there are two distinct crimes committed:
2. Article 294 - With Violence or attempted rape and theft. Additional rape
Intimidation of Persons committed on the same occasion of robbery will not
(asked 7 times) increase the penalty.
Acts punished under: Absence of intent to gain will make the taking of
(1) When by reason or on occasion of the personal property grave coercion if there is violence
robbery, Homicide is committed. (Robbery used (Art. 286).
with Homicide)
(2) When the robbery is accompanied by Rape
or Intentional Mutilation or Arson. If both violence/intimidation of persons (294) and
(Robbery with Rape, Robbery with force upon things (299/302) co-exist, it will be
Intentional Mutilation, Robbery with Arson) considered as violation of Art 294 because it is more
(3) When by reason or on occasion of such serious than in Art 299/302.
robbery, any of the Physical Injuries
resulting in insanity, imbecility, impotency, BUT when robbery is under Art 294 par 4 & 5 the
or blindness is inflicted. penalty is lower than in Art 299 so the complex
(4) When by reason or on occasion of robbery, crime should be imputed for the higher penalty to be
any of the Physical Injuries resulting in the imposed without sacrificing the principle that
loss of the use of speech or the power to robbery w/ violence against persons is more severe
hear or to smell, or the loss of an eye, a than that w/ force upon things. [Napolis v. CA
hand, a foot, an arm or a leg or the loss of (1972)]
the use of any such member, or incapacity
for the work in which the injured person is
theretofore habitually engaged is inflicted. When the taking of the victims gun was to prevent
(5) If the Violence or Intimidation employed in the victim from retaliating, then the crimes
the commission of the robbery is carried to committed are theft and homicide not robbery with
a degree clearly Unnecessary for the homicide. [People v. Millian (2000)]
commission of the crime.
(6) When in the course of its execution, the
offender shall have inflicted upon any
3. Article 295 - Robbery with
person not responsible for the commission Physical Injuries, in an
of the robbery any of the Physical Injuries Uninhabited Place and by a Band
in consequence of which the person injured
becomes deformed or loses any other Robbery with violence against or intimidation or
member of his body or loses the use persons is qualified when it is committed:
thereof or becomes ill or incapacitated for (1) In an Uninhabited place, or
the performance of the work in which he is (2) By a Band, or
habitually engaged for labor for more than (3) By Attacking a moving train, street car,
30 days motor vehicle, or airship, or
(7) If the violence employed by the offender (4) By Entering the passengers compartments
does not cause any of the serious physical in a train, or in any manner taking the
injuries defined in Art. 263, or if the passengers thereof by surprise in the
offender employs intimidation only. respective conveyances, or
CRIMINAL LAW REVIEWER
(5) On a Street, road, highway, or alley, AND robbery with rape, or robbery with physical injuries,
the intimidation is made with the use of committed by a band. [People v. Apduhan]
224 firearms, the offender shall be punished by
the maximum periods of the proper 5. Article 297 - Attempted and
penalties in Art. 294.
Frustrated Robbery with Homicide
(asked 4 times)
It cannot be offset by a generic mitigating
circumstance.
Homicide includes multiple homicides, murder,
parricide, or even infanticide.
The intimidation with the use of firearm qualifies
only robbery on a street, road, highway, or alley.
The penalty is the same, whether robbery is
attempted or frustrated.
4. Article 296 - Definition of a Band
and Penalty Incurred by the Robbery with homicide and attempted or frustrated
Members Thereof robbery with homicide are special complex crimes,
(asked once) not governed by Art. 48, but by the special
provisions of Arts. 294 & 297, respectively.
Outline of Art. 296:
When at least 4 armed malefactors take part in the There is only one crime of attempted robbery with
commission of a robbery, it is deemed committed by homicide even if slight physical injuries were
a band. inflicted on other persons on the occasion or by
reason of the robbery.
When any of the arms used in the commission of
robbery is not licensed, penalty upon all the 6. Article 298 - Execution of Deeds
malefactors shall be the maximum of the through Violence or Intimidation
corresponding penalty provided by law, without (asked twice)
prejudice to the criminal liability for illegal
possession of such firearms. Elements:
(1) Offender has Intent to defraud another
Any member of a band who was present at the (2) Offender Compels him to sign, execute, or
commission of a robbery by the band, shall be deliver any public instrument or document
punished as principal of any of the assaults (3) Compulsion is by means of Violence or
committed by the band, unless it be shown that he Intimidation.
attempted to prevent the crime.
If the violence resulted in the death of the person to
Requisites for Liability for the acts of the other be defrauded, crime is robbery with homicide and
members: shall be penalized under Art 294 par. 1.
(1) Member of the band.
(2) Present at the commission of the robbery. Art. 298 applies to private or commercial document,
(3) Other members committed an assault. but it does not apply if document is void.
(4) He did not attempt to prevent assault.
When the offended party is under obligation to sign,
Conspiracy is presumed when robbery is by band. execute or deliver the document under the law, it is
not robbery but coercion.
There is no crime as robbery with homicide in
band. BY FORCE UPON THINGS
Band is only ordinary aggravating circumstance in Robbery by the use of force upon things is
robbery w/ homicide committed only when either:
(1) Offender entered a House or Building by any
of the means specified in Art. 299 or Art.
In order that special aggravating circumstance of 302, or
unlicensed firearm be appreciated, it is condition (2) Even if there was no entrance by any of
sine qua non that offense charged be robbery by a those means, he broke a wardrobe, chest,
band under Art 295. or any other kind of locked or closed or
sealed furniture or receptacle in the house
Pursuant to Art 295, circumstance of a band is or building, or he took it away to be broken
qualifying only in robbery under par 3, 4 & 5 of Art or forced open outside.
294.
Public building: every building owned by the The penalty depends on the value of property taken
Government or belonging to a private person but and on whether or not offender carries arm. Arms
used or rented by the Government, although carried must not be used to intimidate. Liability for
temporarily unoccupied by the same. carrying arms is extended to all those who
participated in the robbery, including those without
Any of the four means described in subdivision (a) arms.
must be resorted to enter a house or building, not to
get out otherwise it is only theft. The whole body of The provision punishes more severely the robbery in
the culprit must be inside the building to constitute a house used as a dwelling than that committed in
entering. an uninhabited place, because of the possibility that
the inhabitants in the former might suffer bodily
Illustration: If the culprit had entered the house harm during the robbery.
through an open door, and the owner, not knowing
that the culprit was inside, closed and locked the Article 301 - What is an Uninhabited House, Public
door from the outside and left, and the culprit, after Building Dedicated to Religious Worship and Their
taking personal property in the house, went out Dependencies: Even if the occupant was absent
through the window, it is only theft, not robbery. during the robbery, the place is still inhabited if the
place was ordinarily inhabited and intended as a
Breaking: means entering the building. The force dwelling.
used in this means must be actual, as distinguished
from that in the other means which is only Dependencies: all interior courts, corrals,
constructive force. warehouses, granaries or inclosed places contiguous
to the building or edifice, having an interior
False keys: genuine keys stolen from the owner or entrance connected therewith, and which form part
any keys other than those intended for use in the of the whole (Art. 301, par. 2).
lock forcibly opened by the offender. The genuine
key must be stolen, not taken by force or with Requisites:
intimidation, from the owner. (1) Contiguous to the building;
(2) Interior entrance connected therewith;
If false key is used to open wardrobe or locked (3) Form part of the whole.
receptacle or drawer or inside door it is only theft
Orchards and lands used for cultivation or production
Elements of robbery with force upon things under are not included in the term dependencies (Art.
SUBDIVISION (B) of Art. 299: 301, par. 3).
CRIMINAL LAW REVIEWER
Robbery in a store
8. Article 300 Robbery in an Punishable under Punishable under
226 Uninhabited Place and by a Band Art. 299 Art. 302
If the store is used as a If the store was not
Robbery in an inhabited house, public building or dwelling, the robbery actually occupied at the
edifice to religious worship is qualified when committed therein time of the robbery and
committed by a band and located in an uninhabited would be considered as was not used as a
place. committed in an dwelling, since the
inhabited house (People owner lived in a separate
See discussion on Art. 296 for definition of band. v Suarez) house, the robbery
committed therein
To qualify Robbery w/ To qualify Robbery w/ If the store is located on (People v Silvestre)
force upon things (Art violence against or the ground floor of the
299) intimidation house belonging to the
It must be committed in It must be committed in owner, having an interior
uninhabited place AND an uninhabited place OR entrance connected
by a band (Art 300) by a band (Art. 295) therewith, it is a
dependency of an
9. Article 302 - In an Uninhabited inhabited house and the
robbery committed
Place or Private Building therein (US v Tapan).
Elements:
(1) Offender entered an Uninhabited place or a 10. Article 303 - Robbery of
building which was not a dwelling house, Cereals, Fruits or Firewood in an
not a public building, or not an edifice Inhabited Place or Private Building
devoted to religious worship.
(2) That any of the following circumstances was The penalty is one degree lower only when robbery
present: is committed by use of force upon things, without
(a) Entrance was effected through an intimidation or violence against a person.
opening Not intended for entrance or
egress; Cereals are seedlings which are the immediate
(b) A Wall, roof, floor, or outside door or product of the soil. The palay must be kept by the
window was broken owner as seedling or taken for that purpose by the
(c) Entrance was effected through the use robbers.
of False keys, picklocks or other similar
tools; 11. Article 304 - Possession of
(d) A Door, wardrobe, chest, or any sealed
or closed furniture or receptacle was Picklock or Similar Tools
broken; or
(e) A Closed or sealed receptacle was Elements:
removed, even if the same be broken (1) Offender has in his possession Picklocks or
open elsewhere. similar tools;
(3) With intent to gain, the offender took (2) Such picklock or similar tools are especially
therefrom personal property belonging to Adopted to the commission of robbery;
another. (3) Offender does Not have lawful cause for
such possession.
Building: includes any kind of structure used for
storage or safekeeping of personal property, such as 12. Article 305 - Defines False
(a) freight car ad (b) warehouse. Keys
Entrance through an opening not intended for TO INCLUDE THE FOLLOWING:
entrance or egress is not necessary, if there is (1) Tools mentioned in Article 304;
breaking of wardrobe, chest, or sealed or closed (2) Genuine keys Stolen from the owner;
furniture or receptacle, or removal thereof to be (3) Any key other than those intended by the
broken open elsewhere. owner for Use in the lock forcibly opened by
the offender.
Breaking padlock is use of force upon things.
The arms carried may be any deadly weapon. It is necessary to prove that the intention and
purpose of the accused was to commit robbery
The main object of the law is to prevent the indiscriminately and such robbery is committed on
formation of band of robbers. any Philippine Highway. [People v. Pulusan (1998)]
(c) hunt or fish upon the same or gather It is necessary to prove the following in order to
fruits, cereals, or other forest or farm establish theft by failure to deliver or return lost
228 products. property:
(1) Time of the seizure of the thing
The theft is consummated & taking completed once (2) It was a lost property belonging to another;
the culprit is able to place the thing taken under his and
control, and in such a situation that he could dispose (3) That the accused having had the
of it at once. opportunity to return or deliver the lost
property to its owner or to the local
authorities, refrained from doing so.
In accordance with the definition in Art 308, there is
no frustrated theft. The offender has either The law does not require knowledge of the owner of
complete control of the property (consummated) or the property.
without (attempted). Intent to gain is presumed
from the unlawful taking of personal property Elements of hunting, fishing or gathering fruits,
belonging to another. [Valenzuela v. People (2007)] etc., in enclosed estate:
(1) That there is an enclosed estate or a field,
If a person takes property of another, believing it to where trespass is forbidden or which
be his own, presumption of intent to gain is belongs to another
rebutted. Hence, he is not guilty of theft. (2) Offender enters the same
(3) Offender hunts or fishes upon the same or
If one takes personal property openly and avowedly gathers fruits, cereals or other forest or
under claim of title made in good faith, he is not farm products in the estate or field; and
guilty of theft even though claim of ownership is (4) That the hunting or fishing or gathering of
later found to be untenable. products is without the consent of the
owner.
If possession was only material or physical, the crime
is THEFT. If possession was juridical, crime is 2. Article 309 - Penalties
ESTAFA.
The basis of the penalty in theft is
Selling share of a partner or co-owner is not theft. (1) the value of the thing stolen, or
(2) the value and nature of the property taken,
Actual or real gain is not necessary in theft. or
(3) the circumstances that impelled the culprit
The consent contemplated in this article refers to to commit the crime.
consent freely given, and not mere lack of
opposition by owner of the property taken. If there is no evidence of the value of the property
stolen, the court should impose the minimum
It is not robbery when violence is for a reason penalty corresponding to theft involving the value of
entirely foreign to the fact of taking. P5.00. The court may also take judicial notice of its
value in the proper cases.
Gulinao shot Dr. Chua and left. Then he went back &
took Dr. Chuas diamond ring. The crime was Theft
3. Article 310 - Qualified Theft
(asked 10 times)
and not robbery. Circumstances show that the taking
was merely an afterthought. Violence used in killing
Dr. Chua had no bearing on the taking of the ring. Theft is qualified if:
[People v. Gulinao, (1989)] (1) Committed by a Domestic servant
(2) Committed with Grave abuse of confidence
(3) The property stolen is
Properties were taken after accused has already (a) motor vehicle,
carried out his primary criminal intent of killing the (b) mail matter, or
victim. Considering that the victim was already (c) large cattle
heavily wounded when his properties were taken,
there was no need to employ violence against or The property stolen consists of coconuts taken
intimidation against his person. Hence, accused can from the premises of a:
only be held guilty of the separate offense of theft. (1) plantation
[People vs Basao (1999)] (2) The property stolen is fish taken from a
fishpond or fishery
(3) The property is taken on the occasion of
One in possession of part of recently stolen property fire, earthquake, typhoon, volcanic
is presumed to be thief of all. eruption, or any other calamity, vehicular
accident or civil disturbance.
Lost property: embraces loss by stealing or by
act of he owner or by a person other than the The penalty for qualified theft is 2 degrees higher.
owner, or through some casual occurrence.
CRIMINAL LAW REVIEWER
Theft by domestic servant is always qualified. Killing of owner is absorbed in cattle rustling (Boado,
Theres no need to prove grave abuse of discretion. Comprehensive Reviewer in Criminal Law)
Regarding the theft of coconuts and fish, what PD 1612: Anti-Fencing Law
matters is not the execution, but the location where Fencing:
it is taken. It should be in the plantation or in the (1) the act of any person who,
fishpond. (2) with intent to gain for himself or for
another,
RA 6539: ANTI-CARNAPPING law (3) shall buy, receive, keep, acquire, conceal,
Carnapping: taking, with intent to gain, of motor sell, or dispose of, or shall buy and sell or in
vehicle belonging to another without the latters any other manner deal in
consent or by means of violence against or (4) any article, item, object, or anything of
intimidation of persons, or by force upon things (Izon value
v. People, 1981) (5) which he knows, or should be known to him,
(6) to have been derived from the proceeds of
Motor Vehicle: any vehicle which is motorized using the crime of robbery or theft.
the streets which are public, not exclusively for
private use (Boado, Comprehensive Reviewer in Elements:
Criminal Law) (1) Robbery or theft has been committed.
(2) The accused, who is not a principal or
accomplice in the crime of robbery or theft,
PD 533 ANTI-CATTLE RUSTLING LAW buys, receives, possesses, keeps, acquires,
Cattle rustling: taking away by means, methods or conceals, sells or disposes, or buys and
schemes, without the consent of the owner/raiser, sells, or in any manner deals in any article,
of any large cattle whether or not for profit, or item, object, or anything of value, which
whether committed with or without violence against has been derived from the proceeds of the
or intimidation of person or force upon things. It said crime.
includes killing of large cattle, taking its meat or (3) The accused knows or should have known
hide without the consent of owner/raiser. that the said article, item, object or
anything of value has been derived from the
Large cattle: include cow, carabao, horse, mule, proceeds of the crime of robbery or theft.
ass, other domesticated member of bovine family. A (4) There is, on the part of the accused, intent
goat is not included because it is not large (Boado, to gain for himself or another.
Comprehensive Reviewer in Criminal Law)
Mere possession of any good, article, item, object,
Presumption: Every person in possession of large or anything of value which has been the subject of
cattle shall upon demand by competent authorities robbery or thievery shall be prima facie evidence of
exhibit required documents. Failure to do so is prima fencing. [People v. Dizon-Pamintuan]
facie evidence that large cattle in possession are
fruits of crime of cattle rustling Robbery/theft and fencing are separate and distinct
offenses.
CRIMINAL LAW REVIEWER
Art. 312 does not apply when the violence or The person prejudiced must be creditor of the
intimidation took place subsequent to the entry into offender.
the property.
Art 314 Insolvency law
Art. 312 does not apply to a case of open defiance of No need for insolvency Crime should be
the writ of execution issued in the forcible entry proceedings. committed after the
case. institution of insolvency
No need to be adjudged proceedings
Criminal action for usurpation of real property is not bankrupt or insolvent.
a bar to civil action for forcible entry.
(a) by abuse of confidence; or The 4th element is not necessary when there is
(b) by means of deceit; and evidence of misappropriation of goods by the
(2) That damage or prejudice capable of defendant.
pecuniary estimation is caused to the 231
offended party or third person. Check is included in the word money.
(3) Through
(a) With unfaithfulness or abuse of Money, goods or other personal property must be
confidence (315 par. 1(a) (b) (c)) received by the offender under certain kinds of
(b) Estafa by means of fraudulent acts (315 transaction transferring juridical possession to him.
Par. 2(A) (B) (C)(D) (E) ; BP22):
(c) Through other fraudulent means (315 The offender acquires both physical possession and
par 3(a) (b) (c) ) juridical possession when the thing received by the
offender from the offended party
a. With Unfaithfulness or Abuse of (1) in trust, or
(2) on commission, or
Confidence (315 par. 1(a) (b) (c)) (3) for administration,
Par 1(a): Altering substance, quantity or quality of Juridical possession: means a possession which
object subject of obligation to deliver gives the transferee a right over the thing which he
may invoke even as against the owner.
Elements:
(1) Offender has an Onerous obligation to When the delivery of a chattel does not transfer
deliver something of value. juridical possession/title, it is presumed that the
(2) That he Alters its substance, quantity, or possession/title of the thing remain w/ owner.
quality
(3) That Damage or prejudice is caused to Failure to turn over to the bank the proceeds of sale
another of goods covered by trust receipts is estafa.
Deceit is NOT an essential element of estafa with The phrase or under any obligation involving the
abuse of confidence. duty to make delivery of, or to return the same,
includes quasi-contracts and certain contracts of
Damage or prejudice must be capable of estimation, bailment. The obligation to return the thing must be
because it is the basis of the penalty. contractual but without transferring to accused
ownership of the thing.
Delivery of anything of value must be by virtue of
an onerous obligation to do so. When ownership is transferred to recipient, his
failure to return it results in civil liability only.
When the fraud committed consists in the
adulteration or mixing of some extraneous substance Applicable Civil Code provisions:
in an article of food so as to lower its quantity, it (1) Art. 1477. The ownership of the thing sold
may be a violation of the Pure Food Law. shall be transferred to the vendee upon
actual or constructive delivery thereof.
Its not estafa if the thing delivered is not (2) Art. 1482. Whenever earnest money is given
acceptable to the complainant when there is no in a contract of sale, it shall be considered
agreement as to its quality. as part of the price and as proof of the
perfection of the contract.
Estafa may arise even if thing delivered is not
subject of lawful commerce, such as opium. In estafa with abuse of confidence under par. (b),
subdivision 1 of Art. 315, the thing received must be
Par.1(b): Misappropriation and Conversion returned if there is an obligation to return it.
Elements: If no obligation to return there is only civil liability.
(1) That Money, goods, or other personal
property be received by the offender in trust, No estafa when:
or in commission, or for administration, or (1) Transaction sale fails. There is no estafa if
under any other obligation involving the duty the accused refused to return the advance
to make delivery of, or to return, the same; payment.
(2) There be Misappropriation or conversion of (2) The money or personal property received by
such money or property by the offender, or accused is not to be used for a particular
denial on his part of such receipt; purpose or to be returned.
(3) That such misappropriation or conversion or (3) Thing received under a contract of sale on
denial is to the Prejudice of another; and credit
(4) That there is a demand made by the offended
party to the offender Payment by students to the school for the value of
materials broken is not mere deposit.
CRIMINAL LAW REVIEWER
The acts must be fraudulent. Acts must be founded In the first, the criminal intent of the accused is not
on, deceit, trick, or cheat, and such must be made necessary for conviction. In the second, such intent
is imperative. Petitioners claim that she did not
CRIMINAL LAW REVIEWER
represent herself as a licensed recruiter, but that Person would ask money from another for the
she merely tried to help the complainants secure a alleged purpose of bribing a government employee
234 tourist visa could not make her less guilty of illegal but just pocketed the money.
recruitment, it being enough that she gave the
impression of having had the authority to recruit Par 2(d): By postdating a check or issuing a bouncing
workers for deployment abroad; consequently she is check
also held liable for the violation of Estafa under
Article 315(2)(a). [Lapasaran v. People (2009)] Elements:
(1) Offender Postdated a check, or issued a
Par 2(a): Using fictitious name or false pretenses at check in payment of an obligation;
power, influence or other similar (2) Such postdating or issuing a check was done
deceits when the offender had No funds in the
bank, or his funds deposited therein were
Ways of committing the offense: not sufficient to cover the amount of the
(1) By using fictitious name; check.
(2) By falsely pretending to possess:
(a) power, The check must be genuine, and not falsified.
(b) influence,
(c) qualifications, The check must be postdated or for an obligation
(d) property, contracted at the time of the issuance and delivery
(e) credit, of the check and not for pre-existing obligation.
(f) agency,
(g) business or imaginary transactions; Exception:
(3) By means of other similar deceits. (1) When postdated checks are issued and
intended by the parties only as promissory
For estafa under Art. 315 par. 2(a), it is notes
indispensable that the false statement or fraudulent (2) When the check is issued by a guarantor
representation of the accused,
(1) be made prior to, or, at least The accused must be able to obtain something from
simultaneously with, the offended party by means of the check he issues
(2) the delivery of the thing by the and delivers.
complainant.
It is essential that such false statement or fraudulent The mere fact that the drawer had insufficient or no
representation constitutes the cause or only motive funds in the bank to cover the check at the time he
which induced the complainant to part with the postdated or issued a check, is sufficient to make
thing. If there be no such prior or simultaneous false him liable for estafa.
statement or fraudulent representation, any
subsequent act of the accused, however fraudulent RA 488520 deleted the phrase the offender knowing
and suspicious it may appear, cannot serve as a basis at the time he had no funds in the bank:
for prosecution for the class of estafa. (1) the failure of the drawer to deposit the
amount needed to cover his check
A creditor who deceived his debtor is liable for (2) within 3 days from receipt of notice of
estafa. dishonor of check for lack or insufficiency
of funds
In estafa by means of deceit under Art. 315 2(a),
there must be evidence that the pretense of the
accused is false. Without such proof, criminal intent
20
to deceive cannot be inferred. Fraud must be proved AN ACT TO AMEND SECTION TWO, PARAGRAPH (d),
with clear and positive evidence. ARTICLE THREE HUNDRED FIFTEEN OF ACT NUMBERED
THIRTY-EIGHT HUNDRED AND FIFTEEN, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE. (re:
Where commission salesman took back the machines issuance of checks.)
from prospective customers and misappropriated Section 1. Section Two, Paragraph (d), Article Three
them, it is theft, not estafa. hundred fifteen of Act Numbered Thirty-eight hundred and
fifteen is hereby amended to read as follows:
Estafa through false pretenses made in writing is "Sec. 2. By means of any of the following false pretenses or
only a simple crime of estafa, not a complex crime fraudulent acts executed prior to or simultaneously with
of estafa through falsification. the commission of the fraud:
"(d) By postdating a check, or issuing a check in payment of
an obligation when the offender had no funds in the bank,
Manipulation of scale is punished under the Revised or his funds deposited therein were not sufficient to cover
Administrative Code the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check
Par 2(b): by altering the quality, fineness or weight within three (3) days from receipt of notice from the bank
of anything pertaining to art or business and/or the payee or holder that said check has been
Par. 2(c): by pretending to have bribed any dishonored for lack or insufficiency of funds shall be prima
facie evidence of deceit constituting false pretense or
government employee
fraudulent act."
Section 2. This Act shall take effect upon its approval.
Approved: June 17, 1967
CRIMINAL LAW REVIEWER
(3) shall be prima facie evidence of deceit to sign the document, because the contents are
constituting false pretense or fraudulent different from those which the offended told the
act. accused to state in the document, the crime is
falsification. 235
Good faith is a defense in a charge of estafa by
postdating or issuing a check. One who got hold of a There can be no conviction for estafa in the absence
check issued by another, knowing that the drawer of proof that defendant made statements tending to
had no sufficient funds in the bank, and used the mislead complainant.
same in the purchase of goods, is guilty of estafa.
[People v. Isleta] Par.3 (b): By resorting to some fraudulent
practice to ensure success in a
PD 81821 applies only to estafa under par 2(d) of Art. gambling game
315, and does not apply to other forms of estafa.
[People v Villaraza, 81 SCRA 95] Par.3 (c): By removing, concealing or destroying
Hence, the penalty prescribed in PD 818, not the any court record, office files,
penalty provided for in Art. 315, should be imposed document or any other papers
when the estafa committed is covered by par 2(d) of
Art. 315. Elements:
(1) That there be court Record, office files,
Estafa by issuing a bad check is a continuing crime. documents or any other papers.
(2) That the offender Removed, concealed or
See Special Law: BP 22 (Anti-Bouncing Checks Law) destroyed any of them.
(3) That the offender had Intent to defraud
c. Through Other Fraudulent another.
Means (315 Par 3 (a) (b) (c))
If there is no malicious intent to defraud, the
Par 3 (a): By inducing another, through deceit, to destruction of court record is malicious mischief.
sign any document
Elements of deceit and abuse of confidence may co-
Elements: exist.
(1) Offender Induced the offended party to sign
a document. If there is neither deceit nor abuse of confidence,
(2) That deceit be Employed to make him sign its not estafa, even if there is damage. There is only
the document. civil liability.
(3) Offended party Personally signed the
document. Deceit through Infidelity in Custody of
(4) That Prejudice be caused. Fraudulent Means Documents
Offender is a private Offender is a public
Offender must induce the offended party to sign the person OR a public person entrusted with
document. If offended party is willing from the start person not entrusted w/ the documents
documents
21 There is intent to Intent to defraud is not
AMENDING ARTICLE 315 OF THE REVISED PENAL CODE
BY INCREASING THE PENALTIES FOR ESTAFA COMMITTED defraud required
BY MEANS OF BOUNCING CHECKS
Section 1. Any person who shall defraud another by means Double jeopardy does not apply because RPC is a
of false pretenses or fraudulent acts as defined in distinct crime from BP 22. Deceit and damage are
paragraph 2(d) of Article 315 of the Revised Penal Code, as essential elements of RPC, which are not required in
amended by Republic Act No. 4885, shall be punished by: BP 22. [Nierras vs Dacuycuy (1990)]
1st. The penalty of reclusion temporal if the amount of the
fraud is over 12,000 pesos but not exceed 22,000 pesos,
and if such amount exceeds the latter sum, the penalty
The element of damage or prejudice capable of
provided in this paragraph shall be imposed in its maximum pecuniary estimation may consist in:
period, adding one year for each additional 10,000 pesos (1) The offended party being deprived of his
but the total penalty which may be imposed shall in no money or property, as result of the fraud;
case exceed thirty years. In such cases, and in connection (2) Disturbance in property right; or
with the accessory penalties which may be imposed under (3) Temporary prejudice
the Revised Penal Code, the penalty shall be termed
reclusion perpetua;
Payment subsequent to the commission of estafa
2nd. The penalty of prision mayor in its maximum period, if
the amount of the fraud is over 6,000 pesos but does not
does not extinguish criminal liability or reduce the
exceed 12,000 pesos; penalty.
3rd. The penalty of prision mayor in its medium period, if
such amount is over 200 pesos but does not exceed 6,000 The crime of estafa is not obliterated by acceptance
pesos; and, of promissory note.
4th. By prision mayor in its maximum period, if such
amount does not exceed 200 pesos. A private person who procures a loan by means of
Section 2. This decree shall take effect immediately.
deceit through a falsified public document of
CRIMINAL LAW REVIEWER
mortgage, but paid loan within the period agreed security for the loan, Art. 316 par. 2 is not
upon, is not guilty of estafa but only falsification of applicable.
236 a public document.
Usurious loan with equitable mortgage is not an
Accused cannot be convicted of estafa with abuse of encumbrance on the property.
confidence if charged w/ estafa by means of deceit
If 3rd element not established, there is no crime.
2. Article 316 - Other Forms of
There must be damage caused. It is not necessary
Swindling and Deceits that act prejudice the owner of the land.
Par 1. By conveying, selling, encumbering, or The omitted phrase as free from encumbrance in
mortgaging any real property, pretending to be the par 2 of Art. 316 is the basis of the ruling that
owner of the same silence as to such encumbrance does not involve a
crime.
Elements:
(1) That the thing be Immovable, such as a
Par. 3. By wrongfully taking by the owner of his
parcel of land or a building.
personal property from its lawful possessor
(2) Offender who is not the owner of said
property should Represent that he is the
Elements:
owner thereof.
(1) Offender is the Owner of personal property.
(3) Offender should have Executed an act of
(2) Said property is in the Lawful possession of
ownership (selling, encumbering or
another.
mortgaging the real property).
(3) Offender wrongfully takes it from its lawful
(4) Act be made to Prejudice of the owner or a
possessor.
third person.
(4) Prejudice is thereby caused to the lawful
possessor or third person.
The thing disposed of must be real property. If its
chattel, crime is Estafa.
Offender must wrongfully take the personal property
from the lawful possessor. Wrongfully take does not
There must be existing real property.
include the use of violence, intimidation.
Even if the deceit is practiced against the second
If the thing is taken by means of violence, without
purchaser but damage is incurred by the first
intent to gain, it is not estafa, but grave coercion.
purchaser, there is violation of par.1 of Art. 316.
If the owner took the personal property from its
Since the penalty is based on the value of the
lawful possessor without the latters knowledge and
damage there must be actual damage caused.
later charged him with the value of the property,
the crime is theft. If there is intent to charge the
Par. 2. By disposing of real property as free from bailee with its value, the crime is robbery. [US v
encumbrance, although such encumbrance be not Albao]
recorded
Par. 4. By executing any fictitious contract to the
Elements:
prejudice of another
(1) That the thing disposed of be Real property.
(2) Offender Knew that the real property was
Illustration: A person who simulates a
encumbered, whether the encumbrance is
conveyance of his property to another, to defraud
recorded or not.
his creditors. If the conveyance is real and not
(3) There must be Express representation by
simulated, the crime is fraudulent insolvency.
the offender that the real property is free
from encumbrance.
Par. 5. By accepting any compensation for services
(4) Act of disposing of the real property be
not rendered or for labor not performed
made to the Damage of another.
Elements:
Act constituting the offense is disposing of the real
(1) Accepting a compensation given to accused
property representing that it is free from
for service not rendered
encumbrance.
(2) Malicious failure to return the compensation
wrongfully received (fraud)
Dispose: includes encumbering or mortgaging.
There must be fraud. Otherwise, it will only be
Encumbrance: includes every right or interest in
solutio indebiti, with civil obligation to return the
the land which exists in favor of third persons.
wrong payment.
The offended party would not have granted the loan
If the money in payment of a debt was delivered to a
had he known that the property was already
wrong person, Art. 316 par 5 is not applicable.
encumbered. When the loan had already been
granted when defendant offered the property as
CRIMINAL LAW REVIEWER
Any other kind of conceivable deceit may fall under No felonious intent if transfer of personal property is
this article. As in other cases of estafa, damage to due to change of residence.
the offended party is required.
CRIMINAL LAW REVIEWER
If the mortgagee opted to file for collection, not Frustrated arson: If that person is able to light or
foreclosure, abandoning the mortgage as basis for set fire to the rags, but the fire was put out before
238 relief, the removal of property to another province any part of the building was burned.
is not a violation of Art 319 par1.
Consummated arson: If before the fire was put out,
In estafa, the property involved is real property. In it had burned a part of the building.
sale of mortgaged property, it is personal property.
If the property burned is an inhabited house or
Elements of selling or pledging personal property dwelling, it is not required that the house be
already pledged: occupied by one or more persons and the offender
(1) That personal property is already pledged knew it when the house was burned.
under the terms of the Chattel Mortgage
Law. No complex crime of arson with homicide. If by
(2) That the offender, who is the mortgagor of reason of or on the occasion of arson death results,
such property, sells or pledges the same or the penalty of reclusion perpetua to death shall be
any part thereof. imposed. Homicide is absorbed.
(3) That there is no consent of the mortgagee
written on the back of the mortgage and Any of 7 circumstances in Sec. 6 of PD 1613 is
noted on the record thereof in the office of sufficient to establish fact of arson if unexplained.
the register of deeds.
PD 1613, 1. DESTRUCTIVE ARSON
The consent of the mortgagee must be (asked 20 times)
(1) in writing,
(2) on the back of the mortgage, and SEC. 2. Destructive ArsonThe penalty of Reclusion
(3) noted on the record thereof in the office of Temporal in its maximum period to Reclusion
the register of deeds. Perpetua shall be imposed if the property burned is
any of the following:
Damage is NOT essential. (1) Any ammunition factory and other
establishment where explosives,
Chattel mortgage may give rise to estafa by means inflammable or combustible materials are
of deceit. stored.
(2) Any archive, museum, whether public or
Art 319 Art 316 Estafa private, or any edifice devoted to culture,
In both there is selling of a mortgaged property. education or social services.
Personal property Property involved is real (3) Any church or place of worship or other
property(Art. 316 par 2) building where people usually assemble.
Committed by the mere Committed by selling (4) Any train, airplane or any aircraft, vessel or
failure to obtain real property mortgaged watercraft, or conveyance for
consent of the as free, even though the transportation of persons or property.
mortgagee in writing, vendor may have (5) Any building where evidence is kept for use
even if offender should obtained the consent of in any legislative, judicial, or administrative
inform the purchaser the mortgagee in writing. or other official proceeding.
that the thing sold is (6) Any hospital, hotel, dormitory, lodging
mortgaged house, housing tenement, shopping center,
Purpose: to protect the Purpose: to protect the public or private market, theater or movie
mortgagee purchaser (1st or 2nd) house or any similar place or building.
(7) Any building, whether used as a dwelling or
not, situated in a populated or congested
H. Chapter 8: Arson and Other area.
Crimes Involving Destruction
SEC. 3. Other Cases of ArsonThe penalty of
Kinds of Arson: Reclusion Temporal to Reclusion Perpetua shall be
(1) Arson (PD 1613, Sec. 1) imposed if the property burned is any of the
(2) Destructive arson (Art. 320, as amended by following:
RA 7659) (1) Any building used as offices of the
(3) Other cases of arson (Sec. 3, PD 1613) government or any of its agencies
(2) Any inhabited house or dwelling
Attempted, Frustrated, and Consummated Arson (3) Any industrial establishment, shipyard, oil
Attempted arson: A person, intending to burn a well or mine shaft, platform or tunnel
wooden structure, collects some rags, soaks them in (4) Any plantation, farm, pasture land, growing
gasoline and places them beside the wooden wall of crop, grain field, orchard, bamboo grove or
the building. When he about to light a match to set forest;
fire to the rags, he is discovered by another who (5) Any rice mill, sugar mill, cane mill or mill
chases him away. In attempted arson, it is not central
necessary that there be a fire. (6) Any railway or bus station, airport, wharf or
warehouse
CRIMINAL LAW REVIEWER
Other mischiefs not included in Art. 328 are If the crime is robbery, exemption does not lie.
punished based on value of the damage caused.
If the amount involved cannot be estimated, the Persons exempt from criminal liability:
penalty of arresto menor of fine not exceeding P200 (1) Spouses, ascendants and descendants, or
is fixed by law. relatives by affinity in the same line.
(2) The widowed spouse with respect to the
property which belonged to the deceased
When several persons scattered coconut remnants spouse before the same passed into the
which contained human excrement on the stairs and possession of another.
floor of the municipal building, including its interior, (3) Brothers and sisters and brothers-in-law and
the crime committed is malicious mischief under Art. sisters-in-law, if living together.
329. [People v Dumlao]
The law recognizes the presumed co-ownership of
the property between the offender and the offended
4. Article 330 - Damage and party. There is no criminal, but only civil liability.
Obstruction to Means of
Communication Art. 332 does not apply to a stranger who
participates in the commission of the crime.
CRIMINAL LAW REVIEWER
This cannot be equated with the principle of law Petitioners were not tasked to collect or receive
that a person in possession or control of stolen goods payments. They had no hand in the safekeeping,
is presumed to be the author of the larceny. Absent preparation and issuance of invoices. They merely
proof of any stolen property in the possession of a assisted customers in making a purchase and in
person, as in the case at bar, no presumption of guilt demonstrating the merchandise to prospective
can arise. The place was a market and presumably, buyers. While they had access to the merchandise,
petitioner was not the only vendor of beans. they had no access to the cashiers booth or to the
cash payments subject of the offense. [Astudillo vs.
Where the proven facts and circumstances are People (2006)]
capable of two or more explanations, one of which is
consistent with innocence and the other with guilt, THEFT (Corpus Delicti)
the evidence does not fulfill the test of moral The Petitioner contends that he cannot be held
certainty and is not sufficient to convict the liable for the charges on the ground that he was not
accused. [Aoas v. People (2008)] caught in possession of the missing funds. This is
clutching at straws. To be caught in possession of
DESTRUCTIVE ARSON the stolen property is not an element of the corpus
It is clear that the place of the commission of the delicti in theft.
crime was a residential and commercial building
located in an urban and populated area. This Corpus delicti means the body or substance of the
qualifying circumstance places the offense squarely crime, and, in its primary sense, refers to the fact
within the ambit of Section 2(7) of P.D. 1613, and that the crime has been actually committed.
converts it to destructive arson.
In theft, corpus delicti has two elements, namely:
It was also established that the subject building was (1) that the property was lost by the owner,
insured against fire for an amount substantially more and
than its market value, a fact that has given rise to (2) that it was lost by felonious taking.
the unrebutted prima facie evidence of arson, as
provided in Section 6 of P.D. 1613. [Amora v. People In the case before us, these two elements were
(2008)] established. The amounts involved were lost by WUP
because petitioner took them without authority to
ROBBERY WITH HOMICIDE do so. [Gan vs. People (2007)]
Does not include taking the gun to shoot its previous
holder. The Court disagrees with the Court of THEFT; Attempted or Consummated only
Appeals that appellant committed the crime of The Revised Penal Code provisions on theft have not
robbery with homicide. There is nothing in the been designed in such fashion as to accommodate
records that would show that the principal purpose the Adiao, Dino and Empelis rulings. Again, there is
of appellant was to rob the victim of his shotgun no language in Article 308 that expressly or impliedly
(Serial No. 9600942). allows that the free disposition of the items stolen
is in any way determinative of whether the crime of
It must be emphasized that when the victim and theft has been produced. We thus conclude that
appellant met and had a heated argument, the under the Revised Penal Code, there is no crime of
absence of the intent to rob on the part of the frustrated theft. [Valenzuela vs. People (2007)]
appellant was apparent. Appellant was not trying to
rob the victim. Appellants act of taking the shotgun
was not for the purpose of robbing the victim, but to ROBBERY WITH HOMICIDE; (Absorption Theory
protect himself from the victim. applied)
CRIMINAL LAW REVIEWER
THEFT
Presumption of thievery -- possession of
stolen goods [People vs. Dela Cruz (2000)]
No frustrated theft; Either attempted or
consummated only [Valenzuela vs. People
(2007)]
QUALIFIED THEFT
Related Laws
(1) Anti-Carnapping Act of 1972 (RA 6539);
(2) Anti-Cattle Rustling Law of 1974 (PD 533);
(3) Heavier Penalties for Thefts by Employees
and Laborers (PD 133);
(4) Anti-Electricity Pilferage Act (RA 7832);
(5) Some LGUs have anti-Cable Television Theft
Ordinances.
(6) Theft of Forestry Products (PD 330);
(7) Theft of Minerals/Ores (PD 581);
Cases:
Theft by bank teller considered Qualified
Theft [Roque vs. People (2004)]
Grave abuse of confidence, requirements
[Astudillo vs. People (2006)]
Carnapping vs. Qualified Theft [People vs.
Bustinera (2004)]
ESTAFA
CRIMINAL LAW REVIEWER
Title XI. Crimes against Chastity letters signed by the paramour, photos showing
intimate relations, testimony of witnesses)
242 (1) Art. 333: Adultery Pardon by the H does not exempt the adulterous W
(2) Art. 334: Concubinage and her paramour from criminal liability for
(3) Art. 336: Acts of Lasciviousness adulterous acts committed subsequent to such
(4) Art. 337: Qualified Seduction pardon, because the pardon refers to previous and
(5) Art. 338: Simple Seduction not to subsequent adulterous acts
(6) Art. 339: Acts of Lasciviousness with the
consent of the offended party Effect of Pardon - applies to Concubinage as well:
(7) Art. 340: Corruption of minors (1) The pardon must come before the
(8) Art. 341: White Slave Trade institution of the criminal prosecution; and
(9) Art. 342: Forcible Abduction (2) Both the offenders must be pardoned by
(10) Art. 343: Consented Abduction the offended party. Act of sexual
(11) Art. 344: Prosecution of the crimes of intercourse subsequent to adulterous
Adultery conduct is considered as an implied pardon.
(12) Art. 345: Civil Liability (3) Pardon of the offenders by the offended
(13) Art. 346: Liability of Ascendants, guardians, party is a bar to prosecution for adultery or
teachers, or other persons entrusted with concubinage.
custody of the offended (4) Delay in the filing of complaint, if
satisfactorily explained, does not indicate
0. pardon.
1. Article 333 - Adultery Effect of consent: The husband, knowing that his
(asked twice)
wife, after serving sentence for adultery, resumed
living with her co-defendant, did nothing to
Elements:
interfere with their relations or to assert his rights as
(1) that the woman is married;
husband. The second charge of adultery should be
(2) that she has sexual intercourse with a man
dismissed because of consent. [People v. Sensano
not her husband;
and Ramos]
(3) that as regards the man with whom she has
sexual intercourse: he must know her to be
Agreement to separate may be used as evidence to
married.
show consent by the husband to the infidelity of his
wife.
LEGENDS:
H husband; W wife; M - marriage Effect of death of paramour: Offending wife may
still be prosecuted. The requirement that both
Offenders: Married woman and/or the man who has offenders should be included in the complaint is
carnal knowledge of her, knowing her to be married, absolute only when the two offenders are alive.
even if the M be subsequently declared void. It is not
necessary that there be a valid M (i.e. void ab initio) Effect of death of offended party: The proceedings
may continue. Art. 353 seeks to protect the honor
Essence of adultery: violation of the marital vow and reputation not only of the living but of dead
persons as well.
Gist of the crime: the danger of introducing spurious
heirs into the family, where the rights of the real
heirs may be impaired and a man may be charged 2. Article 334 - Concubinage
with the maintenance of a family not his own. (US v. (asked 5 times)
Mata)
Elements:
The offended party must be legally married to the (1) That the man must be married;
offender at the time of the filing of the complaint. (2) That he committed any of the following
acts:
Each sexual intercourse constitutes a crime of (a) keeping a mistress in the conjugal
adultery. dwelling;
(b) Having sexual intercourse under
Abandonment without justification is not exempting, scandalous circumstance with a woman
but only mitigating. Both defendants are entitled to not his wife;
this mitigating circumstance. (c) Cohabiting with her in any other place;
(3) That as regards the woman, she must know
Acquittal of one of the defendants does not operate him to be married.
as a cause of acquittal of the other.
LEGENDS: H husband; W wife; M - marriage
Under the law, there is no accomplice in adultery.
Offenders: married man and the woman who knows
Direct proof of carnal knowledge is not necessary. him to be married.
Circumstantial evidence is sufficient. (i.e. love
CRIMINAL LAW REVIEWER
The woman only becomes liable only if she knew him appearing that none of the people living in the
to be married prior to the commission of the crime. vicinity has observed any suspicious conduct, there is
In the 3rd way committing the crime, mere no evidence of scandalous circumstances. [US v.
cohabitation is sufficient; Proof of scandalous Campos Rueda] 243
circumstances not necessary. [People v. Pitoc, et. Reason: Adultery is punished more severely than
al.] concubinage because adultery makes possible the
introduction of another mans offspring into the
A married man is not liable for concubinage for mere family so that the offended H may have another
sexual relations with a woman not his wife. A man mans son bearing Hs name and receiving support
would only be guilty of concubinage if he appeared from him.
to be guilty of any of the acts punished in Art. 334.
3. Article 335 Rape
A married man who is not liable for adultery because
he did not know that the woman was married, may Repealed by R.A. 8353. See previous discussion.
be held liable for concubinage. If the woman knew
that the man was married, she may be held liable
for concubinage as well. 4. Article 336 - Acts of
Lasciviousness
Mistress a woman taken by the accused to live with (asked 7 times)
him in the conjugal dwelling as his
mistress/concubine. [People v. Bacon and People v. Elements:
Hilao] (1) That the offender commits any act of
lasciviousness or lewdness;
Keeping a mistress in the conjugal dwelling no (2) That the is committed against a person of
positive proof of sexual intercourse is necessary either sex;
(3) That is done under any of the ff.
Conjugal Dwelling the home of the H and the W circumstances:
even if the wife appears to be temporarily absent (a) By using force or intimidation; or
on any account. (b) When the offended party is deprived of
reason or otherwise unconscious;
(c) When the offended party is under 12
The dwelling of the spouses was constructed from years of age or is demented.
the proceeds of the sale of their conjugal properties.
The fact that W never had a chance to reside therein Lewd obscene, lustful, indecent, lecherous;
and that H used it with his mistress instead, does not signifies form of immorality which has relation to
detract from its nature. [People v. Cordova (1959)] moral impurity or that which is carried in wanton
manner
Cohabit to dwell together as H and W for a period
of time (i.e. A week, a month, year or longer) Motive of lascivious acts is not important because
the essence of lewdness is in the very act itself.
Scandalous circumstances Scandal consists in any
reprehensible word or deed that offends public Example: If the kissing etc. was done inside church
conscience, redounds to the detriment of the (which is a public place), absence of lewd designs
feelings of honest persons, and gives occasion to the may be proven, and the crime is unjust vexation
neighbors spiritual damage or ruin. [People v. only. But if the kissing was done in the house of a
Santos] woman when she was alone, the circumstances may
prove the accuseds lewd designs.
It is only when the mistress is kept elsewhere
(outside the conjugal dwelling) that scandalous Absent any of the circumstances of rape under the
circumstances become an element of the crime. 3rd element, the crime is UNJUST VEXATION. (e.g.
[US v. Macabagbag] touching of breast)
Qualifying expression: Sexual act which may be Lascivious intent is implied from the nature of the
proved by circumstantial evidence act and the surrounding circumstances.
Scandal produced by the concubinage of H: Consider the act and the environment to distinguish
(1) H and mistress live in the same room of a between Acts of Lasciviousness and Attempted Rape.
house Desistance in the commission of attempted rape may
(2) They appear together in public, constitute acts of lasciviousness.
(3) Perform acts in sight of the community
which give rise to criticism and general No attempted and frustrated acts of lasciviousness.
protest among the neighbors.
Acts of Lasciviousness v. Grave Coercion See Special Law: R.A. 7877 - Anti-Sexual Harassment
Acts of Lasciviousness Grave Coercion Act of 1995
244 Compulsion or force is Compulsion or force is
included in the the very act constituting Two kinds of seduction:
constructive element of the offense of grave (1) Qualified seduction (Art. 337)
force. coercion. (2) Simple seduction (Art. 338)
Must be accompanied by Moral compulsion
acts of lasciviousness or amounting to 5. Article 337 - Qualified Seduction
lewdness. intimidation is sufficient. (asked thrice)
(3) Those who abused their relationship: HELD: There are similar elements between
(a) Brother who seduced his sister; consented abduction and qualified seduction,
(b) Ascendant who seduced his namely:
descendant. (1) the offended party is a virgin, and 245
(2) over 12 but under 18 yrs. of age
Domestic - a person usually living under the same
roof, pertaining to the same house. However, an acquittal for CONSENTED ABDUCTION
will not preclude the filing of a charge for QUALIFIED
Not necessary that the offender be the teacher of SEDUCTION because the elements of the two crimes
the offended party; it is sufficient that he is a are different. [Perez v. CA]
teacher in the same school.
Qualified seduction may also be committed by a Consented Qualified
master to his servant, or a head of the family to any Abduction Seduction
of its members. Means: Requires the Requires abuse of
taking away of authority,
Qualified seduction of a sister or descendant, also the victim w/ her confidence or
known as INCEST, is punished by a penalty next consent relationship
higher in degree. Act: Offender has Taking away with
sexual lewd designs
The age, reputation, or virginity of the sister or intercourse.
descendant is irrelevant. The relationship need not Wronged: The girl The girls family
be legitimate.
NOTE: The fact that the girl gave consent to the
A 15-year old virgin, who was brought by her mother sexual intercourse is not a defense.
to the house of the accused and his wife to serve as
a helper, repeatedly yielded to the carnal desires of
the accused, as she was induced by his promises of
6. Article 338 - Simple Seduction
(asked three times)
marriage and frightened by his acts of intimidation.
HELD: Though it is true that virginity is presumed if Deceit generally takes the form of unfulfilled
the girl is over 12 but under 18, unmarried and of promise of marriage.
good reputation, virginity is still an essential
element of the crime of qualified seduction and What about unfulfilled promise of material things,
must be alleged in the complaint. Accused is guilty as when the woman agrees to sexual intercourse in
of RAPE, considering the victims age, mental exchange for jewelry? This is not seduction because
abnormality and deficiency. There was also she is a woman of loose morals.
intimidation with the accused wearing his uniform.
[Babanto v. Zosa] Promise of marriage after sexual intercourse does
not constitute deceit. Promise of marriage by a
married man is not a deceit, if the woman knew him
Perez succeeded in having sexual intercourse with to be married.
Mendoza after he promised to marry her. As he did
not make good on said promise, Mendoza filed a Seduction is not a continuing offense.
complaint for Consented Abduction. Trial Court
found that the acts constituted seduction, acquitting 7. Article 339 - Acts of
him on the charge of Consented Abduction. Mendoza Lasciviousness with the Consent of
then filed a complaint for Qualified Seduction. Perez the Offended Party
moved to dismiss the case on the grounds of double
jeopardy.
Elements:
(1) Offender commits acts of lasciviousness or
lewdness;
CRIMINAL LAW REVIEWER
(2) The acts are committed upon a woman who (3) Enlisting the services of women for the
is a virgin or single or widow of good purpose of prostitution.
246 reputation, under 18 yrs. of age but over 12
yrs., or a sister or descendant, regardless of Habituality is not a necessary element of white slave
her reputation or age; trade.
(3) The offender accomplishes the acts by
abuse of authority, confidence, Under any pretext one who engaged the services
relationship, or deceit. of a woman allegedly as a maid, but in reality for
prostitution, is guilty under this article.
It is necessary that it be committed under
circumstances which would make it qualified or Victim is under 12 yrs., penalty shall be one degree
simple seduction had there been sexual intercourse, higher.
instead of acts of lewdness only.
When the victim is under 12 yrs., the penalty shall Offender need not be the owner of the house.
be one degree higher than that imposed by law.
Maintainer or manager of house of ill-repute need
Males cannot be the offended party. not be present therein at the time of raid or arrest.
SEE ALSO: RA 7610: SPECIAL PROTECTION OF The taking away of the woman may be accomplished
CHILDREN AGAINST CHILD ABUSE, EXPLOITATION, AND by means of deceit first and then by means of
DISCRIMINATION ACT violence and intimidation.
There is a crime of ATTEMPTED CHILD If the female abducted is under 12, the crime is
PROSTITUTION. (Sec. 6, RA 7610) forcible abduction, even if she voluntarily goes with
her abductor.
9. Article 341 - White Slave Trade
When the victim was abducted by the accused
Acts punishable: without lewd designs, but for the purpose of lending
(1) Engaging in business of prostitution her to illicit intercourse with others, the crime is not
(2) Profiting by prostitution abduction but corruption of minors.
CRIMINAL LAW REVIEWER
Adultery and Seduction, Abduction, HELD: The elements of both rape and forcible
Concubinage Acts of Lasciviousness abduction are proven. The presence of lewd designs
Offended spouse 1. Offended party in forcible abduction is manifested by the
2. Her parents, subsequent rape of the victim. [People v. 247
grandparents, or Sunpongco]
guardians, in the order
in which they are named
above.
This is the Maggie Dela Riva story wherein Maggie
Rape may absorb forcible abduction, if the main was abducted and brought to a hotel, where the 4
objective was to rape the victim. accused took turns in raping her.
Sexual intercourse is not necessary in forcible HELD: While the first act of rape was being
abduction. performed, the crime of forcible abduction had
already been consummated, hence, forcible
Lewd designs may be shown by the conduct of the abduction can only be attached to the first act of
accused. When there are several defendants, it is rape, detached from the 3 subsequent acts of rape.
enough that one of them had lewd designs. Husband The effect therefore would be one count of forcible
is not liable for abduction of his wife, as lewd design abduction with rape and 4 counts of rape for each of
is wanting. the accused. [People v. Jose]
and there is no complaint signed by the offended Liability of ascendants, guardians, teachers or
woman, the accused CANNOT be convicted of rape. other persons entrusted with the custody of the
offended party
Marriage of the offender with the offended party in (1) Persons who cooperate as accomplices but 249
seduction, abduction, acts of lasciviousness and rape, are punished as principals in rape,
extinguishes criminal action or remits the penalty seduction, abduction, etc. (see list below
already imposed. for the complete set of crimes referred to
in this article):
Marriage (in cases of seduction, abduction, and acts (a) ascendants
of lasciviousness) extinguishes the criminal action (b) guardians
even as to co-principals, accomplices, and (c) curators
accessories. (d) teachers, and
(e) any other person, who cooperate as
Marriage must be entered into in good faith. accomplice with abuse of authority or
confidential relationship
Marriage may take place AFTER criminal proceedings (2) The teachers or persons entrusted with
have commenced, or even after conviction education and guidance of the youth shall
(extinguishes criminal action and remits penalty). also be penalized with disqualification.
Those guilty of rape, seduction or abduction: CHILD ABUSE; Sweetheart defense not available
(1) To indemnify the offended woman The sweetheart theory applies in acts of
(2) To acknowledge the offspring, unless the lasciviousness and rape, felonies committed against
law should prevent him from doing so or without the consent of the victim. It operates on
(3) In every case to support the offspring, the theory that the sexual act was consensual. It
EXCEPT: requires proof that the accused and the victim were
(a) in cases of adultery and concubinage lovers and that she consented to the sexual
(b) where either of the offended party or relations.
accused is married
(c) when paternity cannot be determined, For purposes of sexual intercourse and lascivious
such as in multiple rape conduct in child abuse cases under RA 7610, the
(d) other instances where the law prevents sweetheart defense is unacceptable. A child
such exploited in prostitution or subjected to other sexual
abuse cannot validly give consent to sexual
The adulterer and the concubine can be sentenced intercourse with another person. [Malto v. People
only to indemnify for damages caused to the (2007)]
offended spouse.
Under the RPC, there is no civil liability for acts of RAPE; Exemplary Damages; Child Victims
lasciviousness. Exemplary damages must also be awarded in these
child abuse cases to deter others with perverse
Art. 2219, CC: moral damages may be recovered in tendencies from sexually abusing young girls of their
seduction, abduction, rape, or other lascivious acts, own flesh and blood. [People vs. Abellera (2007)]
as well as in adultery and concubinage.
The parents of the female seduced, abducted, CHILD ABUSE; Pandering Child Prostitutes
raped, or abused may also recover moral damages. Appellants violation of Sec. 5, Art. III of R.A. No.
In multiple rape, all the offenders must support the 7610 is as clear as day. The provision penalizes
offspring. anyone who engages in or promotes, facilitates or
induces child prostitution either by:
Art. 283 (1), CC: Judgment to recognize the (1) acting as a procurer of a child prostitute; or
offspring may only be given if there is pregnancy (2) inducing a person to be a client of a child
within the period of conception, which is within 120 prostitute by means of written or oral
days from the commission of the offense. advertisements or other similar means; or
(3) by taking advantage of influence or
In rape of a married woman, only indemnity is relationship to procure a child as a
allowed. prostitute; or
(4) threatening or using violence towards a
14. Article 346 Liability of child to engage him as a prostitute; or
ascendants, guardians, teachers (5) giving monetary consideration, goods or
other pecuniary benefits to the child with
and other persons entrusted with the intent to engage such child in
the custody of the offended party prostitution.
CRIMINAL LAW REVIEWER
3. Article 351 - Premature Marriage The first element of bigamy as a crime requires
that the accused must have been legally married.
Persons liable: But in this case, legally speaking, the petitioner
(1) A widow who is married within 301 days was never married to Lucia Barrete. Thus, there
from the date of the death of her husband, is no first marriage to speak of.
or before having delivered if she is pregnant
at the time of his death;
CRIMINAL LAW REVIEWER
Under the principle of retroactivity of a marriage violation of the law, and that she had no criminal
being declared void ab initio, the two were never intent, the same does not justify her act.
252 married from the beginning. The contract of
marriage is null; it bears no legal effect. This Court further stated therein that with
respect to the contention that the accused acted
Taking this argument to its logical conclusion, for in good faith in contracting the second marriage,
legal purposes, petitioner was not married to believing that she had been validly divorced from
Lucia at the time he contracted the marriage her first husband, it is sufficient to say that
with Maria Jececha. The existence and the everyone is presumed to know the law, and the
validity of the first marriage being an essential fact that one does not know that his act
element of the crime of bigamy, it is but logical constitutes a violation of the law does not
that a conviction for said offense cannot be exempt him from the consequences thereof.
sustained where there is no first marriage to
speak of. The petitioner, must, perforce be Moreover, squarely applicable to the criminal
acquitted of the instant charge. [Lucio Morigo v. case for bigamy, is People v. Schneckenburger,
People (2002)] where it was held that the accused who secured
a foreign divorce, and later remarried in the
Philippines, in the belief that the foreign divorce
The subsequent judicial declaration of the nullity was valid, is liable for bigamy. [Diego v. Castillo
of the first marriage was immaterial because (2004)]
prior to the declaration of nullity, the crime had
already been consummated. Moreover,
petitioner's assertion would only delay the
prosecution of bigamy cases considering that an
accused could simply file a petition to declare his
previous marriage void and invoke the pendency
of that action as a prejudicial question in the
criminal case. We cannot allow that.
Title XIII. Crimes against Honor knowledge that they are false OR in reckless
disregard of WON they were false.
Elements:
5. Article 357 - Prohibited (1) Offender performs any act not included in
Publication of Acts Referred to in any other crime against honor;
(2) Such act is performed in the presence of
255
the Course of Official Proceedings
other person or persons;
(Gag Law) (3) Such act casts dishonor, discredit or
contempt upon the offended party.
Elements:
(1) Offender is a reporter, editor or manager of Slander by deed is of two kinds
a newspaper, daily or magazine; (1) Simple slander by deed
(2) He publishes facts connected with the (2) Grave slander by deed
private life of another;
(3) Such facts are offensive to the honor, virtue There is no fixed standard in determining whether a
and reputation of said person. slander is serious or not; hence the courts have
sufficient discretion to determine the same, basing
This article is referred to as the Gag Law. the finding on the attendant circumstances and
matters relevant thereto.
Newspaper reports on cases pertaining to adultery,
divorce, legitimacy of children, etc. are barred from
publication. 8. Article 360 - Persons Responsible
for Libel
Under RA 1477, a newspaper reporter cannot be
compelled to reveal the source of the news report (1) The person who publishes, exhibits or
he made, UNLESS the court or a House or committee causes the publication or exhibition of any
of Congress finds that such revelation is demanded defamation in writing or similar means.
by the security of the state. (2) The author or editor of a book or pamphlet.
(3) The editor or business manager of a daily
6. Article 358 - Slander newspaper magazine or serial publication.
(asked 5 times) (4) The owner of the printing plant which
publishes a libelous article with his consent
Slander, or oral defamation is composed of two and all other persons who in any way
kinds: participate in or have connection with its
(1) Simple slander publication.
(2) Grave slander
Under Republic Act no. 8792, otherwise known as the
Factors that determine the gravity of the oral Electronic Commerce Act, a party or person acting as
defamation: a service provider incurs NO civil or criminal liability
(1) Expressions used in the making, publication, dissemination or
(2) Personal relations of the accused and the distribution of libelous material if:
offended party. (1) The service provider does not have actual
(3) The surrounding circumstances. knowledge, or is not aware of the facts or
circumstances from which it is apparent
Illustration of grave slander: that making, publication, dissemination or
A woman of violent temper hurled at a respectable distribution of such material is unlawful or
married lady with young daughters offensive and infringes any rights;
scurrilous epithets including words imputing (2) The service provider does not knowingly
unchastity to the mother and tending to injure the receive a financial benefit directly
character of the daughters [U.S. vs. Toloso] attributable to the infringing activity;
(3) The service provider does:
Illustration of simple slander: (a) not directly commit any infringement
(1) Calling a person a gangster or other unlawful act and
(2) Uttering defamatory words in the heat of (b) does not induce or cause another
anger with some provocation on the part of person or party to commit any
the offended party infringement or other unlawful act
(3) The word putang ina mo is a common (c) and/or does not benefit financially
expression in the dialect that is often from the infringing activity or unlawful
employed not really to slander but rather to act of another person or party (Section
express anger or displeasure. It is seldom, if 30, in relation to Section 5, E-
ever taken in its literal sense by the hearer, Commerce Law.24
that is, as a reflection on the virtue of a
mother. [Reyes vs. People] Where to file the criminal action? It depends on
who the offended party is.
(2) If the offended party is a private individual, libel. We note that this is petitioners first offense of
the criminal action may also be filed in the this nature. He never knew respondent prior to the
258 Court of First Instance of the province demand letter sent by the latter to Mrs. Quingco
where he actually resided at the time of the who then sought his assistance thereto. He appealed
commission of the offense. from the decision of the RTC and the CA in his belief
(3) If the offended party is a public officer that he was merely exercising a civil or moral duty in
whose office is in Manila at the time of the writing the letter to private complainant. In fact,
commission of the offense, the action may petitioner could have applied for probation to evade
be filed in the Court of First Instance of prison term but he did not do so believing that he
Manila. did not commit a crime thus, he appealed his case.
(4) If the offended party is a public officer
holding office outside of Manila, the action We believe that the State is concerned not only in
may be filed in the Court of First Instance the imperative necessity of protecting the social
of the province or city where he held office organization against the criminal acts of destructive
at the time of the commission of the individuals but also in redeeming the individual for
offense. economic usefulness and other social ends.
Consequently, we delete the prison sentence
In the case at bar, private respondent was a private imposed on petitioner and instead impose a fine of
citizen at the time of the publication of the alleged six thousand pesos.
libelous article, hence, he could only file his libel
suit in the City of Manila where Abante was first This is not the first time that we removed the
published or in the province or city where he penalty of imprisonment and imposed a fine instead
actually resided at the time the purported libelous in the crime of libel. In Sazon v. Court of Appeals,
article was printed. petitioner was convicted of libel and was meted a
penalty of imprisonment and fine; and upon a
This Court finds it appropriate to reiterate our petition filed with us, we affirmed the findings of
earlier pronouncement in the case of Agbayani, to libel but changed the penalty imposed to a mere
wit: In order to obviate controversies as to the fine. [Buatis vs. People (2006)]
venue of the criminal action for written defamation,
the complaint or information should contain
allegations as to whether, at the time the offense Slight Oral Defamation
was committed, the offended party was a public The Court does not condone the vilification or use of
officer or a private individual and where he was scurrilous language on the part of petitioner, but
actually residing at that time. following the rule that all possible circumstances
Whenever possible, the place where the written favorable to the accused must be taken in his favor,
defamation was printed and first published should it is our considered view that the slander committed
likewise be alleged. That allegation would be a sine by petitioner can be characterized as slight slander
qua non if the circumstance as to where the libel following the doctrine that: uttering defamatory
was printed and first published is used as the basis of words in the heat of anger, with some provocation
the venue of the action. [Macasaet v. People (2005)] on the part of the offended party, constitutes only a
light felony. [Villanueva vs. People (2006)]
Unsealed letters
Sending an unsealed libelous letter to the offended Effect of Name-calling
party constitutes publication. [Magno vs. People While it is true that a publication's libelous nature
(2006)] depends on its scope, spirit and motive taken in
their entirety, the article in question as a whole
explicitly makes mention of private complainant
What constitutes publication; Fine Instead of Rivera all throughout.
Imprisonment
There is publication in this case. In libel, It cannot be said that the article was a mere general
publication means making the defamatory matter, commentary on the alleged existing state of affairs
after it is written, known to someone other than the at the aforementioned public market. Rivera was not
person against whom it has been written. only specifically pointed out several times therein
but was even tagged with derogatory names.
Petitioners subject letter-reply itself states that the Indubitably, this name-calling was, as correctly
same was copy furnished to all concerned. Also, found by the two courts below, directed at the very
petitioner had dictated the letter to his secretary. person of Rivera himself. [Figueroa vs. People
It is enough that the author of the libel complained (2006)]
of has communicated it to a third person.
Furthermore, the letter, when found in the mailbox,
was open, not contained in an envelope thus, open Victim Identifiable
to public. The last element of libel is that the victim is
identified or identifiable from the contents of the
While Vaca case is for violation of B.P. 22, we find libelous article.
the reasons behind the imposition of fine instead of
imprisonment applicable to petitioners case of
CRIMINAL LAW REVIEWER
IMPRUDENCE NEGLIGENCE
Both indicate a deficiency of action
Failure in precaution Failure in advertence
Reckless Imprudence:
25
Art. 275. Abandonment of person in danger and
abandonment of one's own victim. The penalty of arresto
mayor shall be imposed upon:
1. Anyone who shall fail to render assistance to any
person whom he shall find in an uninhabited place wounded
or in danger of dying, when he can render such assistance
without detriment to himself, unless such omission shall
constitute a more serious offense.
2. Anyone who shall fail to help or render assistance to
another whom he has accidentally wounded or
injured.
3. Anyone who, having found an abandoned child under
seven years of age, shall fail to deliver said child to
the authorities or to his family, or shall fail to take
him to a safe place.
CRIMINAL LAW REVIEWER
Elements involved in medical negligence cases: Compared to intentional felonies, such as homicide
(D.B.P.I.) or murder, what takes the place of the element of
(1) Duty malice or intention to commit a wrong or evil is: the
(2) Breach failure of the offender to take precautions due to
(3) Injury lack of skill taking into account his employment, or
(4) Proximate causation occupation, degree of intelligence, physical
condition, and other circumstances regarding
Requisites for the application of res ipsa loquitur: persons, time and place.
(1) The accident was of a kind which does NOT
ordinarily occur UNLESS someone is The elements of reckless imprudence are apparent
negligent; in the acts done by accused-appellants which,
(2) The instrumentality or agency which caused because of their lack of medical skill in treating the
the injury was under the exclusive control victim of his alleged ailment, resulted in the latter's
of the person in charge; and death. As already stated, accused-appellants, none
(3) The injury suffered must NOT have been of whom is a medical practitioners, belong to a
due to any voluntary action or contribution religious group, known as the Missionaries of Our
of the person injured. Lady of Fatima, which is engaged in faith healing.
[People v. Carmen (2001)]
Ordinarily, only physicians and surgeons of skill and
experience are competent to testify as to whether a
patient has been treated or operated upon with a The trial court found the accused "guilty beyond
reasonable degree of skill and care. reasonable doubt of the crime of Double Homicide
CRIMINAL LAW REVIEWER
Through Reckless Imprudence with violation of the refused to give financial assistance to the
Motor Vehicle Law (Rep. Act No. 4136)." Mangrubans. On their own, the family raised the
amount required by the hospital as downpayment for
HELD: There is no such nomenclature of an offense the operation. Surgery was performed but Lourdes 261
under the Revised Penal Code. Thus, the trial court never regained consciousness and expired five days
was misled to sentence the accused "to suffer two later. The trial court convicted Teofilo Abueva for
(2) indeterminate penalties of four (4) months and Reckless Imprudence resulting in Homicide.
one (1) day of arresto mayor, as minimum, to three
(3) years, six (6) months and twenty (20) days of HELD: After a careful review of the records, the
prision correccional, as maximum." Court agrees with the factual findings of the lower
courts showing that the victim, Lourdes Mangruban,
This is erroneous because in reckless imprudence fell rather than jumped off the bus.
cases, the actual penalty for criminal negligence
bears no relation to the individual wilful crime or The prosecution has provided sufficient, clear and
crimes committed, but is set in relation to a whole convincing basis for the conclusion that Lourdes fell
class, or series of crimes. Unfortunately, we can no off the bus due to the reckless act of the petitioner.
longer correct this judgment even if erroneous, as it Article 365 of the Revised Penal Code states that
is, because it has become final and executory. reckless imprudence consists in:
(1) voluntarily, but without malice,
Under Article 365 of the Revised Penal Code, (2) doing or failing to do an act from which
criminal negligence "is treated as a mere quasi (3) material damage results
offense, and dealt with separately from wilful (4) by reason of inexcusable lack of precaution
offenses. It is not a question of classification or on the part of the person performing or
terminology. In intentional crimes, the act itself is failing to perform such act,
punished; in negligence or imprudence, what is (5) taking into consideration:
principally penalized is the mental attitude or (a) his employment or occupation;
condition behind the act, the dangerous (b) his degree of intelligence;
recklessness, and lack of care or foresight, the (c) his physical condition; and
imprudencia punible. (d) other circumstances regarding persons,
time and place.
Much of the confusion has arisen from the common
use of such descriptive phrase as 'homicide through Petitioner herein is a professional driver who has
reckless imprudence', and the like; when the strict been in the employ of the bus company for 18 years
technical sense is, more accurately, 'reckless 26 and has undergone training courses and seminars
imprudence resulting in homicide'; or 'simple to improve his skills as a driver. He is expected to be
imprudence causing damages to property'." [Rafael well aware of his responsibilities to his passengers.
Reyes Trucking v People (2000)] Not only must he make sure that they reach their
destinations on time, he must also ensure their
safety while they are boarding, during the entire
FACTS: Ireneo, Abundio and Lourdes Mangruban were trip, and upon disembarking from the vehicle.
with their paralyzed aunt at a bus terminal. Lourdes [Abueva v. People (2002)]
Mangruban was tasked to accompany their paralyzed
aunt to Butuan City. A dispatcher informed them
that a bus bound for Tacloban via Cebu and Butuan FACTS: "In the evening of February 16, 1990, Pat.
was about to leave. They were told to wait as the Domingo Belbes and Pat. Jose Pabon were assigned
bus maneuvered to its proper position prior to to maintain peace and order at the Junior and Senior
departure. The said bus, driven by Teofilo Abueva, Prom of Pili Barangay High School. Around 9:00 p.m.
came to a full stop in front of the terminal building. while Teacher-In-Charge Mila Ulanca, Pat. Pabon and
As they negotiated their way towards the back of the Belbes were watching the dance, two students
bus, Lourdes, with luggage in hand, was waiting on approached Mrs. Ulanca and said "Ma'm, it seems
the first stepboard when the bus suddenly moved. that there is somebody making trouble." Pat. Belbes
Due to the sudden movement, according to the and Pat. Pabon, armed with an Armalite rifle and a
witness, Lourdes fell off the bus and hit her head on .38 caliber revolver, respectively, responded
the cement pavement below. forthwith. Moments after the two police officers
left, bursts of gunfire filled the air.
According to the witness, the driver did not
disembark to assist Lourdes, while a dispatcher of Fernando Bataller, a graduating student was hit on
the bus company assured them that there was different parts of his body and died. The accused
nothing to worry about because the victim was not Pat. Belbes stated that they acted in self defense.
bleeding. Petitioner continued driving per his The trial court convicted Pat. Belbes of murder and
scheduled trip. sentenced him to reclusion perpetua.
Lourdes was taken to the San Pedro Hospital where a HELD: The offense is definitely not reckless
brain scan revealed the presence of a blood clot that imprudence resulting in homicide because the
needed immediate surgery. The bus company shooting was intentional.
CRIMINAL LAW REVIEWER
Annex A
ARBITRARY DETENTION ILLEGAL DETENTION UNLAWFUL ARREST
Offender Public officer who has (1) Private person; OR Any person
authority to make arrests and (2) Public officer who is
detain persons acting in a private
capacity or beyond the
scope of his official duty
Criminal Violate the offended partys Deprive the offended party of Accuse the offended party of
intent constitutional freedom against his personal liberty a crime he did not commit,
warrantless arrest deliver him to the proper
authority, and file the
necessary charges to
incriminate him
Annex B
Habitual Delinquency Recidivism Habituality/ Reiteracion/
Art. 62 (5) Art. 14 (9) Repetition
Art. 14 (10)
Crimes Specific crimes: Sufficient that the offender has Necessary that the offender shall
1. Less serious or been: have served out his sentence for
serious physical 1. Previously convicted by final the first offense
injuries judgment
2. Robbery 2. For another crime
3. Theft 3. Embraced in the same title of
4. Estafa the Code
5. Falsification 4. On the date of his trial
Period of Within 10 years from his No period of time
time last release or conviction
Number of Guilty the third time or The second conviction for an The previous and subsequent
crimes oftener offense embraced in the same offenses must NOT be embraced in
title of this Code the same title of the Code
Their An additional penalty If not offset by any mitigating Not always an aggravating
effects shall be imposed circumstance, increase the circumstance
penalty only to the maximum