CRIMINAL LAW - 1 - UP COLLEGE OF LAW PRE-WEEK NOTES

CRIMINAL LAW PRE-WEEK NOTES

Q: What is Criminal Law?
A: Criminal law is that branch of public substantive law which defines crimes, treats of their nature, and provides for
their punishment. It is prospective in application.

Q: What are the different schools of thought or theories in Criminal Law and describe each briefly. To what
theory does our Revised Penal Code belong?
A: Two schools of thought in Criminal Law
(a) CLASSICAL THEORY - which simply means that the basis of criminal liabilities is human free will, and
the purpose of the penalty is retribution which must be proportional to the gravity of the offense;
(b) POSITIVIST THEORY - which considers man as a social being and his acts are attributable not just to
his will but to other forces of society. As such, punishment is not the solution, as he is not entirely to be
blamed; law and jurisprudence should not be the yardstick in the imposition of sanction, instead the
underlying reasons would be inquired into.
We follow the classical school of thought although some provisions of eminently positivist in tendencies, like
punishment of impossible crime, Juvenile circumstances, are incorporated in our Code.

Q: Differentiate between Mala in se and Mala Prohibita:

MALA IN SE MALA PROHIBITA
Nature wrong from its very nature Wrong because it is prohibited by law
Use of good faith as defense GF a valid defense, unless the crime is GF is not a defense.
the result of culpa
Intent as element Intent is an element. Intent is immaterial.
Degree of accomplishment Degree of accomplishment is taken into The act gives rise to a crime only when
of crime account for the punishment. consummated.
Mitigating / aggravating They are taken into account in imposing They are not taken into account.
circumstances penalty
Degree of participation When there is more than one offender, Degree of participation is generally not
the degree of participation of each in the taken into account. All who participated in
commission is taken into account. the act are punished to the same extent.
Stage of accomplishment Penalty is computed on the basis of Penalty on offenders is same whether
whether he is a principal offender or they acted as mere accomplices or
merely an accomplice or accessory accessories
Laws violated Generally, the RPC. Generally, special laws.

Q: What is the rule on the generality of criminal law?

A: GENERAL RULE: The penal law of the country is binding on all persons who live or sojourn in Philippine
territory
EXCEPTIONS:
1. Treaty stipulations (Ex. Bases Agreement and VFA)
2. Law of preferential application (Ex. Members of Congress, Ambassadors, chief of states, etc.)
3. Principles of Public International Law (Ex. Sovereigns and head of statees, Ambassadors, etc.)

Q: What is the rule on the territoriality of criminal law?

A: GENERAL RULE: Penal laws of the country have force and effect only within its territory.
EXCEPTION: Extraterritorial crimes (punishable even if committed outside the Philippine territory)
1. Crimes committed aboard Philippine Ship
English rule: (followed by Philippines) : the location or situs of the crime determines jurisdiction
UNLESS the crime merely relates to internal management of the vessel.
French rule: It is the flag or nationality of the vessel which determines jurisdiction UNLESS the
crime violates the peace and order of the host country
EXCEPTION TO EXCEPTION: if the vessel is on the high seas when the crime was committed, the
laws of the nationality of the ship will always apply
2. Forging/Counterfeiting and Introducing Coins or Currency notes in the Philippines
3. When Public Officer or employees commit an offense in the exercise of their functions
4. Commit any of the crimes against national security and laws of nations

Q: What is the rule on the prospectivity of criminal law?

A: GENERAL RULE: Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law
had already taken effect. Vice versa, acts or omissions which have been committed before the effectivity of a penal
law could not be penalized by such penal law.
EXCEPTIONS:
1. Insofar as they favor the persons guilty of a felony, who is not a habitual criminal,
EXCEPTION TO THE EXCEPTION:
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1. the new law is expressly made inapplicable to pending actions or existing cause of actions; or
2. offender is a habitual criminal

Q: What are the Constitutional Limitations on the Power of Congress to enact penal laws?
A:
1. Equal protection
2. Due Process
3. Non-imposition of cruel and unusual punishment or excessive fines
4. Bill of attainder
5. Ex post facto law

Q: Distinguish between felonies, offense, misdemeanor and crime.

A:
Felony - refers only to violations of the Revised Penal Code. When the crime is punishable under a special law
you do not refer to this as a felony.
Offense - a crime punished under a special law is called a statutory offense.
Misdemeanor - a minor infraction of the law, such as a violation of an ordinance.
Crime - whether the wrongdoing is punished under the RPC OR under a special law, the generic word crime
can be used.

Q: What are the Classifications of Felonies?

A:
1) According to manner of Commission
a. Intentional felonies or those committed with deliberate intent; and
b. Culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or
lack of skill.
2) According to stage of execution
a. Attempted
b. Frustrated
c. Consummated
3) According to gravity
a. Grave Felonies those which the law attaches capital punishment or penalties which in any of
their periods are afflictive
b. Less Grave Felonies - those to which the law punishes with penalties which in their maximum
period is correctional
c. Light felonies - those infractions of law for the commission of which the penalty is arresto menor,
or a fine not exceeding P200, or both.
4) As to count
a. Compound crime
b. Complex crime
c. Composite crime
5) As to nature
a. Mala in se
b. Mala prohibita

Q: What are the elements of criminal liability

A:
1. There must be an act or omission
2. That the act or omission must be punishable by the RPC;
3. That the act is performed or the omission incurred by means of dolo or culpa.

Q: Can there be liability for acts done without criminal intent?

A: YES, there are two exceptions to the requirement of criminal intent.
1. Felonies committed by CULPA
2. Offenses MALA PROHIBITA

Q: Is criminal intent presumed?

A: GENERAL RULE: YES, presumption arises from the commission of the unlawful act. The general criminal intent is
presumed from the criminal act and in the absence of any general intent is relied upon as a defense, such absence
must be proved by the accused. (Recuerdo v People, 2006)
EXCEPTION: If the intention is merely an integral element of the crime and therefore has to be proven e.g. in
frustrated homicide, specific intent to kill is not presumed but must be proven, otherwise it is merely physical injuries.

Q: Distinguish between intent, discernment and motive.

INTENT - Determination to do a certain thing, an aim or purpose of the mind.
DISCERNMENT - The mental capacity to tell right from wrong
MOTIVE - It is the moving power which impels one to do an act (ex. vengeance).
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Q: When does motive become material in determining criminal liability?
1. When the act brings about variant crimes e.g. kidnapping v. robbery (People v Puno, 1993)
2. The identity of the accused is doubtful
3. The evidence on the commission of the crime is purely circumstantial.
4. Lack of motive can aid in showing the innocence of the accused. (People v Hassan, 1998)

Q: When is discernment necessary?

A: Discernment does not indicate the presence of intent, merely intelligence (People v Cordova, 1993). Thus, it is
necessary whether the crime is dolo or culpa.

Q: What is the effect of mistake of fact?

A: A mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act.

Q: When is mistake of fact not available as a defense?

A: When the accuseds action is attended with negligence (People v Oanis, 1988).

Q: A special law punishes a certain act as a crime, but it is silent as to the civil liability of one who violates
the same. May the court pronounce that a person is civilly liable to the offended party, considering that the
special law is silent on this point?
A: Yes. Article 100 states that every person criminally liable for a felony is also civilly liable. That article shall be
applied suppletorily to avoid an injustice that would be caused to the private offended party, if he would not be
indemnified for the damages or injuries sustained by him.

Q: Can a special law absorb a crime punishable under the RPC?

A: In People v Rodriguez (1960), the Court held that a violation of a special law can NEVER absorb a crime
punishable under the RPC, because violations of the RPC are more serious than a violation of a special law. But a
crime in the RPC can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in the
Code.

Q: How is proximate cause and how does it relate to criminal liability?

A: PROXIMATE CAUSE is that cause, which sets into motion other causes and which unbroken by any efficient
supervening cause, produces a felony and without which such felony could not have resulted.
GENERAL RULE: The offender is CRIMINALLY LIABLE for ALL the consequences of his felonious act; although not
intended, if the felonious act is the proximate cause of the felony or resulting felony.

Q: What are the punishable omissions in the RPC?

Art 116: Misprision of treason
Art 275: Abandonment of minors
Art 276: Abandonment of helpless persons
Art 208: Failure to prosecute, dereliction of duty

Q: What is an impossible crime?

A: Under par. 2, Art. 4, impossible crime is an act which would be an offense only against person or property
were it not for the inherent impossibility of its accomplishment or
on account of the employment of inadequate or ineffectual means.
Q: Differentiate between crimes in the attempted and frustrated stages.
A:
ATTEMPTED FRUSTRATED
Acts performed Overt acts of execution are started All acts of execution are finished
BUT Not all acts of execution are present BUT Crime sought to be committed is not
achieved
Reason for Due to reasons other than the spontaneous Due to intervening causes independent of
interruption desistance of the perpetrator the will of the perpetrator
Position in the Offender still in subjective phase because Offender is already in the objective phase
timeline he still has control of his acts because all acts of execution are already
present and the cause of its non-
accomplishment is other than the offenders
will

Q: What is the effect of the accused voluntary desistance?

A: It is an absolutory cause which negates criminal liability because the law encourages a person to desist from
committing a crime. BUT not necessarily ALL criminal liability, if the desistance was made when acts done by him
already resulted to a felony, offender will still be criminally liable for the felony brought about his act. What is
negated is only the attempted stage, but there may be other felonies constituting his act. Desistance is true only in
the attempted stage of the felony.

Q: Elements of the frustrated stage.

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A:
a. The offender performs all the acts of execution;
b. All the acts performed would produce the felony as a consequence;
c. But the felony is not produced;
d. By reason of causes independent of the will of the perpetrator.

Q: Elements of attempted stage

A:
a. The offender commences the commission of the felony directly by overt acts;
b. He does not perform all the acts of execution which should produce the felony;
c. The non-performance of all acts of execution was due to cause or accident other than his own spontaneous
desistance.

Q: When does conspiracy exist?

A: Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it.

Q: What is meant by proposal to commit a felony?

A: When the person who has decided to commit a felony proposes its execution to some other person or persons.
However, there is no criminal proposal when:
1. The person who proposes is not determined to commit the felony;
2. There is no decided, concrete and formal proposal;
3. It is not the execution of a felony that is proposed.

Q: How is conspiracy established?

A: Since conspiracy is predominantly a state of mind, it must be established by direct proof (People v. Bello, 2004).
The prosecution must prove conspiracy by the same quantum of evidence as the felony charged itself
although, proof of previous agreement among the malefactors to commit the crime is not essential to prove
conspiracy (People v. Bulan, 2005). A conviction premised on a finding of conspiracy must be founded on facts,
not on mere inferences and presumption (Li v People, 2001).
However, it may be proved by circumstantial evidence, through the collective acts of the accused before, during
and after the commission of a felony that all the accused aimed at the same object, one performing one part
and the other performing another for the attainment of the same objective (People v Talaogan, 2008).

Q: What are the legal effects of implied conspiracy?

A: In People v Pangilinan, 2003:
Not all those present at the crime scene will be considered conspirators;
Only those who participated in the criminal acts during the commission of the crime will be considered co-
conspirators
Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation,
shall not render one criminally liable as co-conspirator.

Q: Is mere knowledge, acquiescence to, or approval of the act, without cooperation at least, agreement to
cooperate enough to constitute a conspiracy?
A: No, there must be an intentional participation in the crime with a view to further the common felonious objective
(Taer v. CA, 1990).

Q: Is conspiracy possible even when participants are not known to each other?
A: When several persons who do not know each other simultaneously attack the victim, the act of one is the act of all,
regardless of the degree of injury inflicted by any one of them. All will be liable for the consequences. Do not
think that participants are always known to each other.

Q: Multiple Offenders
A:
Habitual Delinquency Recidivism Habituality/ Reiteracion/
Art. 62 (5) Art. 14 (9) Repetition
Art. 14 (10)
Crimes Specified: Sufficient that the offender have Necessary that the offender
committed (a) less serious or serious been previously convicted by shall have served out his
physical injuries final judgment for another crime sentence for the first offense
(b) robbery embraced in the same title of the
(c) theft Code on the date of his trial
(d) estafa
(e) falsification
Period of time Within 10 years from his last No period of time
the crimes are release or conviction
committed
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Number of Guilty the third time or oftener The second conviction for an The previous and subsequent
crimes offense embraced in the same offenses must NOT be
committed title of this Code embraced in the same title of
the Code
Their effects An additional penalty shall be If not offset by any mitigating Not always an aggravating
imposed circumstance, increase the circumstance
penalty only to the maximum
Q: What is meant by plurality of crimes?
A: It is the successive execution, by the same individual, of different criminal acts upon any of which no
conviction has yet been declared.

Q: What is the difference between plurality of crimes and recidivism?

A:
PLURALITY OF CRIMES RECIDIVISM
There is no conviction of any of the crimes There must be conviction by final judgment of the first or prior
committed. offense.

Q: What is a complex crime?

A: Under Art. 48, it exist when at least 2 or more GRAVE or LESS GRAVE felonies are committed, as a result of a
SINGLE ACT or an offense must be a NECESSARY MEANS for committing the other.

Q: What are the two kinds of complex crimes and what are their requisites?
A:
a) Compound Crime - A single act results in two or more grave or less grave felonies
REQUISITES:
(1) That only a single act is performed by the offender
(2) That the single acts produces
(i) 2 or more grave felonies, or
(ii) 1 or more grave and 1 or more less grave felonies, or
(iii) 2 or more less grave felonies

b) Complex Crime Proper - An offense is a necessary means for committing the other; BASIS is the
singleness of the impulse; necessary indispensable
REQUISITES:
(1) That at least two offenses are committed
(2) That one or some of the offenses must be necessary to commit the other
(3) That both or all the offenses must be punished under the same statute.

Q: What is the penalty to be applied in case of complex crimes?

A: The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum
period.

Q: What is a special complex crime?

A: The substance is made up of more than one crime but which in the eyes of the law is only a single indivisible
offense. All those acts done in pursuance of the crime agreed upon are acts which constitute a single crime.

Q: What are the special complex crimes?

A:
Robbery with Homicide (Art. 294 (1))
Robbery with Rape (Art. 294 (2))
Kidnapping with serious physical injuries (Art. 267 (3))
Rape with Homicide (Art. 335)

Q: What are the five circumstances affecting criminal liability and how do they affect it?
A:

Justifying Exempting Mitigating Aggravating Alternative

Is there a none, act is not yes yes yes yes
crime? unlawful
Criminal none; limited free none, no decreased increased increased or
liability? will, knowledge nor decreased
voluntariness in malicious intent
mens rea in mens rea
Civil liability? none, except yes, except when yes yes
when in state of by accident or
necessity (Art. insuperable
CRIMINAL LAW - 6 - UP COLLEGE OF LAW PRE-WEEK NOTES
11, Par. 4 - cause
borne by the
persons
benefited by the
act)

Q: What are the six types of justifying circumstances and what are the elements of each?
A:

A. Defense of self (Par. 1, Art. 11)

1) unlawful aggression
2) reasonable necessity of the means employed
3) lack of sufficient provocation

B. Defense of relatives (Par. 2, Art. 11)

1) spouse
2) ascendants
3) descendants
4) legitimate and blood brothers and sisters
5) relatives by affinity in the same degree (parents-, brothers-, sisters-in-law)
6) relatives by consanguinity within the fourth degree

C. Defense of stranger (Par. 3, Art. 11)

1) Unlawful aggression;
2) Reasonable necessity of the means employed to prevent or repel it;
3) The person defending be not induced by revenge, resentment or other evil motive.
D. Avoidance of greater evil or injury (Par. 4, Art. 11)
1) evil actually exists, aggression is not deliberate
2) injury feared is greater than what is done to avoid it
3) no other practical and less harmful means of prevention

D. Fulfillment of duty (Par. 5, Art. 11)

1) while in performance of duty of a lawful exercise of a right to office
2) injury or offense was a necessary consequence of due performance or exercise

NB: If first condition is present, but the second is NOT because the offender acted with culpa,
the offender will be entitled to a privileged mitigating circumstance.
the penalty would be reduced by one or two degrees.

E. Obedience to lawful order (Par. 6, Art. 11)

1) order was issued by superior
2) order is for a lawful purpose
3) means used by the subordinate is lawful
NB: A subordinate is NOT liable for carrying out an illegal order of his superior
if he is not aware of the illegality of the order and
he is not negligent.

Q: Distinguish between justifying and exempting circumstances.

A:
JUSTIFYING CIRCUMSTANCE
It affects the act, not the actor.
The act is considered to have been done within the
bounds of law; hence, legitimate and lawful in the eyes of is not liable.
the law.
Since the act is considered lawful, there is no crime.
There is no criminal or civil liability.
EXEMPTING CIRCUMSTANCE
It affects the actor, not the act.
The act complained of is actually wrongful, but the actor
Since the act complained of is actually wrong, there is a
crime but since the actor acted without voluntariness,
there is no dolo or culpa.
There is a crime, although there is no criminal, so there is
civil liability (Except: Art. 12, par. 4 and 7 where there is
no civil liability.

Q: What are the six exempting circumstances and their requisites?

A:
A. Insanity or Imbecility (Par. 1, Art. 12)
1) offender is an imbecile; or
2) offender was insane at the time of the commission of the crime
NB:
CRIMINAL LAW - 7 - UP COLLEGE OF LAW PRE-WEEK NOTES
Insanity is a defense in the nature of confession and avoidance AND must be proved beyond reasonable
doubt
Evidence of insanity must refer to

the time preceding the act under prosecution OR

at the very moment of its execution.
Insanity subsequent to commission of crime is NOT exempting.
B. Minority (Par. 2 and 3, Art. 12; repealed by Sec. 6, RA 9344)
1) <15 years old
2) if 15-18 years old, only if with discernment
NB:
1. 15 yrs old or below at the time of commission of offense: absolutely exempt from criminal liability but subject
to intervention program
2. Over 15 yrs old but below 18: exempt from criminal liability & subject to intervention program

If acted w/ discernment subject to diversion program
3.Below 18 yrs are exempt from:

Status offense

Vagrancy and Prostitution

Mendicancy (PD1563)

Snuffing of Rugby (PD 1619)

C. Accident (Par. 4, Art. 12)

1) act was lawful
2) with due care
3) cause injury by accident
4) without fault or intention of causing it

D. Irresistible force (Par. 5, Art. 12)

1) compulsion by means of physical force
2) irresistible
3) force comes from a third person

E. Uncontrollable fear (Par. 6, Art. 12)

1) threat which causes fear is of an evil greater than or at least equal to what he is required to commit
2) promises an evil of gravity and imminence that ordinary man will succumb to it

F. Insuperable cause (Par. 7, Art. 12)

1) act is required by law
2) person fails to perform the act
3) failure was due to an insuperable force

Q: What are the mitigating circumstances and the corresponding requisites for each?
A:
A. Incomplete justification or exemption (Par 1, Art. 13)

B. Age (Par. 2, Art. 13)

1) under 18
2) over 70

C. Lack of intent to commit so grave wrong (Par. 3, Art. 13)

D. Sufficient provocation (Par. 4, Art. 13)

1) provocation must be sufficient
2) it must originate from offended party
3) it must be immediate to the act

E. Vindication of a wrong (Par. 5. Art. 13)

1) Grave offense to the person or family honor
2) Felony is committed in vindication

F. Passion or obfuscation (Par. 6, Art. 13)

1) initial offense must be unlawful and sufficient to produce such condition of mind
2) immediate so offender has no time to recover
3) arise from lawful sentiments
NB: Passion and obfuscation may lawfully arise from causes existing only in the honest belief of the offender.

G. Voluntary surrender or confession (Par. 7, Art. 13)

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Surrender
1) offender has not been arrested
2) surrendered to a person in authority
3) surrender must be voluntary

Confession
1) offender spontaneously confessed his guilt
2) confession was made in open, competent court
3) confession of guilt was made prior to the presentation of prosecutions evidence

H. Physical defect (Par. 8, Art. 13)

1) deafness, muteness, blindness or other physical defect
2) which restricts the offenders means of action, defense or communication

I. Illness (Par. 9, Art. 13)

1) illness must diminish willpower
2) illness should not deprive offender of consciousness of acts

J. Analogous circumstances (Par. 10, Art. 13)

1) similar to other circumstance

Q: What is the most indispensable requisite in case of incomplete self-defense, defense of relatives, defense
of stranger?
A: UNLAWFUL AGGRESSION must always be present.

Q: When is a minor entitled to mitigating circumstance only?

A: If the minor over 9 and under 15 years of age acted with discernment, he is entitled only to a mitigating
circumstance, because not all the requisites to exempt from criminal liability are present.

Q: Distinguish ordinary mitigating circumstance from privileged mitigating circumstance.

A:
ORDINARY MC PRIVILEGED MC
Can be offset by any aggravating circumstance Cannot be offset by aggravating circumstance
If not offset by aggravating circumstance, produces the The effect of imposing upon the offender the penalty
effect of applying the penalty provided by law for the crime lower by one or two degrees than that provided by
in its min period in case of divisible penalty law for the crime.

Q: How is criminal liability extinguished?

A. TOTAL EXTINGUISHMENT
a. By the death of the convict
b. By Service of sentence
c. By Amnesty
d. By Absolute Pardon
e. By prescription of crime
f. By prescription of penalty
g. By the marriage of the offended woman and the offender in the crimes of rape, abduction,
seduction and acts of lasciviousness.
B. PARTIAL EXTINGUISHMENT
a. By the death of the convict
b. By Service of sentence
c. By Amnesty
d. By Absolute Pardon
e. By prescription of crime
f. By prescription of penalty
g. By the marriage of the offended woman and the offender in the crimes of rape, abduction,
seduction and acts of lasciviousness.

Q: How is gravity of offense determined for the mitigating circumstance of vindication to apply?
A: The question whether or not a certain personal offense is grave must be decided by the court, having in mind:
 the social standing of the person,
 the place and
 the time when the insult was made.

Q: May vindication of a grave offense and passion or obfuscation be counted separately and independently?
A: No.
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Q: Is it important that a warrant of arrest has not yet been issued for the mitigating circumstance of voluntary
surrender to apply?
A: No, whether or not a warrant of arrest had been issued immaterial and irrelevant.

Q: Does the physical defect need to be integral to the crime?

A: No, because the law favors the handicapped per se. Even if you limit appreciation to those which are material to
the crime, all it takes is a little creativity to allude to the handicap as a basis for the offense. For example, a paralytic
may claim he committed treason because his army would not accept him for service.
Q: Distinguish between provocation and vindication.
A:
PROVOCATION VINDICATION
Provocation made directly to the person Grave offense may also be committed against a family
member
Provocation may not be a grave offense Must be a grave offense
Response is immediate, there should be no lapse of time Response should be proximate, allows for a lapse of time
for deliberate thought

Q: What are the 21 aggravating circumstances and their respective requisites?

A:
Place
Palace of the Chief Executive etc. (Par. 5, Art. 14)
1) in the official residence of the chief executive

Where officials are engaged in duties (Par. 5, Art. 14)

1) in the public office
2) public authorities are actually performing their public duties

In places of religious worship (Par. 5, Art. 14)

1) place dedicated to the worship of God
2) offender must have decided to commit crime when he entered the place of worship

Uninhabited place (Par. 6, Art. 14)

1) place facilitated commission of crime
2) deliberately sought and not incidental
3) taken advantage for purpose of impunity

Dwelling (Par. 2, Art. 14)

1) in dwelling of the victim
2) victim did not give provocation

Time
Nocturnity (Par. 6, Art. 14)
1) facilitated the commission of the crime
2) especially sought by offender to ensure commission
3) taken advantage for impunity
4) accomplished between sundown and sunrise

Calamity or misfortune (Par. 7, Art. 14)

1) committed during calamity like conflagration, shipwreck, epidemic
2) offender took advantage of confusion, chaos

Motivation
Price, reward or promise (Par. 11, Art. 14)
1) at least two principals direct and inducement
2) price, reward or promise made before and in consideration of crime
Personal circumstances of offender
Recidivism (Par. 9, Art. 14)
1) offender is on trial for an offense
2) previously convicted by final judgment of another crime
3) both the first and the second offenses are in same title of RPC
4) offender is convicted of the new offense

Reiteracion or habituality (Par. 10, Art. 14)

1) offender on trial for an offense
2) previously punished for a crime with equal or greater penalty; or for two or more crimes of lower penalty
3) offender is convicted of the new offense
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Means
Advantage of public positions (Par. 1, Art. 14)
1) offender is a public officer
2) commission of crime not possible without powers, resources, influence of position

With insult to public authorities (Par. 2, Art. 14)

1) public authority is exercising his functions
2) public authority is not the victim of the crime
3) offender knows the public authority is present
4) authoritys presence did not prevent the crime

With insult to rank, age, or sex (Par. 2, Art. 14)

1) crime must be against person or honor
2) deliberate intent to offend or insult the respect
3) respect is owed to the offended party

Abuse of confidence (Par. 4, Art. 14)

1) offended party trusted offender
2) offender abused such trust
3) abuse of confidence facilitated crime

Obvious ungratefulness (Par. 4, Art. 14)

1) ungratefulness must be obvious, offender should owe victim a debt of gratitude

Banditry (Par. 6, Art. 14)

1) four or more armed men
2) facilitated commission
3) deliberately sought
4) taken advantage for impunity

Aid of armed men (Par. 8, Art. 14)

1) armed men directly or indirectly took part in commission of crime
2) offender relied on them or availed of their aid

Great waste or ruin (Par. 12, Art. 14)

1) wasteful means used to accomplish a criminal purpose, like fire, inundation, explosion, poison, derailment of
transportation

Evident premeditation (Par. 13, Art. 14)

1) time offender determined to commit crime
2) act of manifest determination
3) sufficient lapse of time between determination and execution of crime

Craft, fraud or disguise (Par. 14, Art. 14)

1) offender used intellectual, mental trickery of craft, fraud or disguise; vs physical means

Advantage of superior strength (Par. 15, Art. 14)

1) excessive force vs defense

Means to weaken defense (Par. 15, Art. 14)

1) means were purposely sought to weaken defense of victim
2) means used must not totally eliminate possible defense (otherwise is treachery)

Treachery (Par. 16, Art. 14)

1) victim was defenseless at the time of attack
2) offender consciously adopted means, method or form of attack

Ignominy (Par. 17, Art. 14)

1) crime must be against chastity, less serious physical injuries, light or grave coercion and murder
2) circumstance made it more humiliating and (morally) shameful for the victim

Unlawful entry (Par. 18, Art. 14)

1) entrance into a way not intended (e.g., exit)

Breaking of wall, roof, door, window (Par. 19, Art. 14)

1) a wall, roof, door, or window was broken
CRIMINAL LAW - 11 - UP COLLEGE OF LAW PRE-WEEK NOTES
2) broken to effect entrance

Aid of persons under 15 years (Par. 20, Art. 14)

Means of motor vehicles (Par. 20, Art. 4)
1) facilitated crime
2) sought by offender
Cruelty (Par. 21, Art. 14)
1) physical injury deliberately increased by causing another wrong
2) other wrong unnecessary for execution of original purpose of offender

Influence of dangerous drugs (Sec. 25, RA 8165)

Use of illegal firearms (Sec. 1 and 3, PD 1866, as amended by RA 8294)

Q: When is dwelling not an aggravating circumstance?

A: Not aggravating when
a) homeowner gave sufficient, immediate provocation.
b) offended party and offender live in the same house
c) robbery
d) offended party did not own dwelling
e) crime was committed in a public part of the house

Q: Scale of Principal Penalties

A:
1. Capital punishment: (D)

Death.
2. Afflictive penalties: (RP, RT, PAD, TAD, PSD, TSD, PM)

Reclusion perpetua,

Reclusion temporal,

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prision mayor.
3. Correctional penalties: (PC, AM, S, Des)

Prision correccional,

Arresto mayor,

Suspension,

Destierro.
4. Light penalties: (Am, Pc)

Arresto menor,

Public censure.
5. Penalties common to the three preceding
classes: (F, Bond)

Fine, and

Bond to keep the peace.

Q: What is the difference between life imprisonment and Reclusion Perpetua:

A:
LIFE IMPRISONMENT RECLUSION PERPETUA
Imposed for serious offenses penalized by special laws Prescribed under the RPC
Does not carry with it accessory penalties Carries with it accessory penalties
Does not appear to have any definite extent or duration Entails imprisonment for at least 30 years after which the
convict becomes eligible for pardon although the
maximum period shall in no case exceed 40 years

Q: Penalties, Effects and Accessories

PENALTY DURATION EFFECTS ACCESSORIES
Death Indivisible
(REPEALED)
Death, when
PAD
not executed
Civil interdiction 30 yrs from
due to pardon sentence
or
commutation
(REPEALED)
CRIMINAL LAW - 12 - UP COLLEGE OF LAW PRE-WEEK NOTES
PENALTY DURATION EFFECTS ACCESSORIES
20 years & 1
Reclusion day to 40
PAD
perpetua years
Civil interdiction for life
(Indivisible)

Deprivation of public office, even if by
Perpetual
election
absolute
For life
Deprivation of right to vote & be voted for
disqualification

Disqualification from public office held
(PAD)

Loss of retirement rights

Perpetual
Deprivation of office, employment,

special profession, or calling affected
For life
disqualification
Disqualification from similar offices or
(PSD) employments
12 years & 1
PAD
Reclusion
day to 20
Civil interdiction for duration
temporal
years of sentence
6 years & 1
TAD
Prision mayor day
PSD of suffrage
to 12 years

Deprivation of public office, even if by
election
Temporary
6 years & 1
Deprivation of right to vote & be voted for
absolute
day during sentence
disqualification
to 12 years
Disqualification from public office held
(TAD)
during sentence

Loss of retirement rights
Temporary
Deprivation of office, employment,
6 years & 1
special profession, or calling affected
day
disqualification
Disqualification from similar offices or
to 12 years
(TSD) employments

Suspension from public
6 months & 1 office
Prision
day
Suspension from profession
correccional
to 6 years or calling PSD of suffrage, if
penalty exceeds 18 mos.
6 months & 1
Public office
Suspension day
Profession or calling
to 6 years
Suffrage

6 months & 1

Prohibition to enter w/in 25-250 km radius
Destierro day
from the designated place
to 6 years
1 month & 1
Suspension of right to hold
Arresto mayor day office and
to 6 months
right of suffrage

Q: What is the effect of the acceptance of the convict of a conditional pardon?

A: It would interrupt the acceptance of the prescriptive period.

Q: What happens if the culprit is captured but he evades again the service of his sentence?
A: The period of prescription that ran during the evasion is not forfeited. The period of prescription that has run in his
favor should be taken into account.

Q: What are the prescriptive period of crimes?

A:
1) Crimes punishable by death, reclusion perpetua or reclusion temporal 20 years
2) Afflictive penalties 15 years
3) Correctional penalties 10 years

Note: Those punishable by arresto mayor 5 years
The highest penalty shall be

Note: When the penalty fixed law is a compound one made a basis
CRIMINAL LAW - 13 - UP COLLEGE OF LAW PRE-WEEK NOTES
4) Libel 1 year
5) Oral defamation and slander by deed 6 months
6) Simple slander 2 months
7) Grave slander 6 months
8) Light offenses 2 months
9) Crimes punishable by fines
a) Fine is afflictive 15 years
b) Fine is correctional 10 years
c) Fine is light 2 months

Note: Subsidiary penalty for non-payment not considered in determining the
period

Note: When fine is an alternative penalty higher than the other penalty which
is by imprisonment, prescription of the crime is based on the fine.
Q: Does the law allow the simultaneous filing of probation and appeal?
A: No. Its either you file for probation or you file for appeal. Only one choice, if you choose one then you are barred
from using the other.

Q: When shall probation be denied?

A: Probation shall be denied when:
1. the offender is in need of correctional treatment that can be provided most effectively by his commitment to an
institution.
2. there is undue risk that during the probation, the offender will commit another crime.
3. probation will deprecate the seriousness of the offense committed.

Question: Who are the offenders disqualified from probation?

A:
1. those sentenced to serve a maximum term of imprisonment of more than six years
2. those convicted of subversion or any crime against the national security or public order.
3. those who were previously convicted by final judgment by imprisonment of not less than one month and one
day and/ or a fine of not more than two hundred pesos
4. those who have been once on probation under the provisions of the decree
5. those who are already serving sentence at the time the substantive provsions of the Probation Law became
applicable.

Q: What if the offender violates the conditions of his probation?

A: S/He shall serve the penalty imposed for the offense under which s/he was placed on probation.

Q: How long may a convict be placed on probation?

A:
1. if the convict is sentence to imprisonment of not more than one year, probation shall not exceed two years
2. if s/he sentenced to more than one year, probation shall not exceed six years.
3. if the sentence is only a fine (offender in this case is made to suffer subsidiary imprisonment), probation
Shall be not less than nor more than twice the total days of subsidiary imprisonment.

Q: What are the conditions for probation?

A:
1. Regularly report to his probation officer (PO)
2. Meet family responsibilities
3. Be employed; change with approval of PO
4. Undergo physical, psychological or psychiatric exam &/or treatment; confinement
5. Study or undergo vocational training
6. Refrain from visiting houses of ill-repute
7. Abstain from excessive drinking
8. Visitation by PO or social worker at home or at work
9. Cannot change residence without PO approval

Q: Does the probation law apply to Drug Traffickers and Pushers?

A: NO
Section 24 of RA 9165 (The Comprehensive Dangerous Drugs Act) states that: Any person convicted for drug
trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege
granted by the Probation Law or Presidential Decree No. 968, as amended.

Q: What are the prescriptive period of penalties?

A:
Death and reclusion perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
CRIMINAL LAW - 14 - UP COLLEGE OF LAW PRE-WEEK NOTES
Note: If arresto mayor 5 years
Light penalties 1 year

Q: When does prescriptive period of penalties start to run?

A: Period commences to run from the date when he culprit evaded the service of sentence.It is interrupted when:
Convict gives himself up
Is captured
Goes to a foreign country with which we have no extradition treaty
Commits any crime before the expiration of the period of prescription

Q: What happens in cases where our government has extradition treaty with another country but the crime is
not included in the treaty?
A: It would interrupt the running of the prescriptive period.

Q: What are the two ways of committing treason?

A:
By levying war against the government By adhering to the enemies of the Philippines, giving them aid
(levying of war must be in collaboration with a or comfort (adherence alone, without giving the enemy aid or
foreign enemy) comfort, does not constitute treason, and vice versa)
OVERT: actual assembling of men OVERT: any deed or physical activity which strengthens or tends to
strengthen the enemy in the conduct of war; render assistance to
the enemies as enemies, in furtherance of their hostile design
(e.g. being a Makapili is an overt act of giving the enemy aid or
comfort)
INTENT: executing a treasonable design by INTENT: betray the traitors country
force (i.e. deliver the country, whole or in part to the enemy)
(i.e. deliver the country, whole or in part to the
enemy)

Q: Can there be treason through negligence?

A: No, there can be no treason through negligence. (Cramer v. US)

Q: How is treason proven?

A:
1. Confession of accused in an open court
2. Two witness rule (Art 114, Par 2)
Applies only to giving aid and comfort (overt) only and not to adherence (covert)

Q: Distinguish between treason and espionage.

A: Both not conditioned by citizenship of offender. Treason committed only in time of war; espionage both peace and
war. Treason limited to two specific ways; while espionage may be committed in many ways.

Q: Can misprision of treason be committed by aliens?

A: No. Although treason can be committed by an alien as long as he resides in the Philippines, misprision on treason
can only be committed by a Filipino citizen.

Q: Does the two-witness rule in treason apply to misprision as well?

A: No, the two witness rule does not apply to Art 115 because it is a separate and distinct offense from treason

Q: What are the two ways of committing espionage under the RPC?
A:
1. By entering, without authority therefor, a warship, fort, or naval or military establishment or reservation to
obtain any information, plans, photographs or other data of a confidential nature relative to the defense of
the Philippines
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information
referred to in paragraph 1, which he had in his possession by reason of the public office he holds

Q: What is the difference between piracy and mutiny?

A: Mutiny is also punished under the same title; but it is usually committed by the members of the complement and
may be committed by the passengers.

Q: Differentiate piracy from robbery on high seas.

A: Offender in robbery on high seas is a member of the complement or a passenger of the vessel while in piracy,
offender is an outsider; Both have intent to gain and the manner is the same.

Q: Differentiate piracy from mutiny.

CRIMINAL LAW - 15 - UP COLLEGE OF LAW PRE-WEEK NOTES
A: Offender in piracy is an outsider while offender in mutiny are members of crew or passengers. Intent to gain is
essential in piracy while in mutiny, offenders may only intend to ignore the ships officers or commit plunder.

Q: Distinguish between rebellion and insurrection.

A: In REBELLION: purpose is complete overthrow of government; while in INSURRECTION it is merely to effect
some change of minor importance or to prevent exercise of government authority with respect to particular matters or
objects.

Q: Distinguish between rebellion and subversion.

A: Subversion is crime against national security while rebellion is crime against public order.

Q: Distinguish between rebellion and coup detat.

A: In coup detat, the offender belongs to military or holding pub office/ employment; while rebellion is committed by
any person. Coup detat is a direct attack against government authorities etc, but in rebellion, an uprising against the
Govt is enough as one element.

Q: What are the elements of arbitrary detention?

A:
1) That the offender is a public officer or employee;
2) That he detains a person;
3) That the detention is without a legal ground.

Q: Who can commit arbitrary detention?

A: In the crime of arbitrary detention, although the offender is a public officer, not any public officer can commit this
crime. Only those public officers whose official duties carry with it the authority to make an arrest and detain persons
can be guilty of this crime.

Q: In delay in the delivery of detained persons to the proper judicial authorities, is warrant of arrest
necessary?
A: No, in fact, the crime is only committed when the arrest is without a warrant. At the beginning, the detention is
legal since it is in the pursuance of a lawful arrest. Detention becomes arbitrary when the:
applicable period lapses
without the arresting officer filing a formal charge with the proper court.

Q: When is the period counted in case of delay in the delivery?

A: The periods stated are counted only when the prosecutors office is ready to receive the complaint or information.
Nighttime is NOT included in the period.

Q: When may a private person be held liable under Title II?

A: A private person may be liable under these articles ONLY WHEN he:
Conspires with a public officer; OR
He becomes an accomplice or accessory to said crimes

Q: What are the different forms of arbitrary detention?
A:
1. Detaining a person without legal grounds (Article 124);
2. Having arrested the offended party for legal grounds but without warrant of arrest, and the public officer does
not deliver the arrested person to the proper judicial authority within the period of 12, 18, or 36 hours, as the
case may be (Article 125); or
3. Delaying release by competent authority with the same period mentioned in number 2 (Article 126).

Q: Difference between Arbitrary Detention, Illegal Detention and Unlawful Arrest

A:
ARBITRARY DETENTION ILLEGAL DETENTION UNLAWFUL ARREST

Offender Public officer who has 1) Private person; OR 2) Any person

authority to make arrests and Public officer who is acting in
detain persons a private capacity or beyond
the scope of his official duty

Criminal Violate the offended partys
intent constitutional freedom against
warrantless arrest
Deprive the offended party of
his personal liberty
Accuse the offended party of a crime
he did not commit, deliver him to the
proper authority, and file the
necessary charges to incriminate
him
CRIMINAL LAW - 16 - UP COLLEGE OF LAW PRE-WEEK NOTES
Q: What are the three acts punishable in violation of domicile? What are their common elements?
A:
Acts punishable:
1. By entering any dwelling against the will of the owner thereof
2. By searching papers or other effects found therein without the previous consent of such owner
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been
asked to leave the same
Elements common to three acts:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers
and other effects

Q: What are the two criteria used determine whether the article on rohibition, Interruption and Dissolution of
Peaceful Meetings would be violated?
A: Two criteria to determine whether this article would be violated:
Dangerous tendency rule applicable in times of national unrest such as to prevent coup detat.
Clear and present danger rule applied in times of peace. Stricter rule.

Q: When is an act notoriously offensive to the religious feeling of a person?

A: An act is NOTORIOUSLY OFFENSIVE to the religious feelings when a person:
a. ridicules or makes light of anything constituting a religious dogma
b. works or scoffs at anything devoted to religious ceremonies
c. plays with or damages or destroys any object or veneration by the faithful
In People v Tengson: The determination should NOT be made to depend upon more or less broad or narrow
conception of any given religion. Facts and circumstances should be viewed through an unbiased judicial criterion.

Q: What happens when the act is NOT directed to the religious belief itself and there is no intention of
causing so serious a disturbance as to interrupt a religious ceremony?
A: The crime committed is only UNJUST VEXATION (People v Nanoy).

Q: What is the effect of illegal possession of firearms on criminal liability?

A: It produces no effect if the offender can be punished with special laws or violation of the RPC. However, use of
unlicensed firearm can:
SPECIAL AGGRAVATING CIRCUMSTANCE: homicide, murder
ABSORBED AS AN ELEMENT CRIME: rebellion or insurrection, sedition, attempted coup detat
Q: Is actual public disorder or actual damage to the credit of the State is necessary for the commission of
unlawful use of means of publication and unlawful utterances?
A: No.

Q: What is a charivari?
A: It includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc.
designed to annoy or insult

Q: What crime is committed when a public officer involved is not a custodian of the prisoner at the time the
prisoner was made to escape?
A: He is liable under Art. 156 i.e. delivery of persons in jail, and not under Art. 223 for Infidelity in the custody of a
prisoner.

Q: What are the qualifying circumstances for evasion of sentence?

A: If such evasion or escape takes place
1. By means of unlawful entry (this should be by scaling - Reyes);
2. By breaking doors, windows, gates, walls, roofs or floors;
3. By using picklock, false keys, disguise, deceit, violence or intimidation; or
4. Through connivance with other convicts or employees of the penal institution.

Q: What are the three forms of evasion of service of sentence?

1. By simply leaving or escaping from the penal establishment under Article 157;
2. Failure to return within 48 hours after having left the penal establishment because of a calamity,
conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed
under Article 158;
3. Violating the condition of conditional pardon under Article 159.

Q: What happens when a prisoner returns within 48 hours after a disorder in jail?
A: He is given credit or deduction from the remaining period of their sentence equivalent to 1/5 of the original term of
the sentence.

Q: When will violation of pardon amount to a crime?

CRIMINAL LAW - 17 - UP COLLEGE OF LAW PRE-WEEK NOTES
A: In violation of conditional pardon, as a rule, the violation will amount to this crime only if the condition is violated
during the remaining period of the sentence.

Q: Is possession of false treasury or bank note sufficient to constitute a criminal offense?

A: No, it must be coupled with intent to use.

Q: May forgery can be committed through the use of genuine paper bills?
A: Yes, in People v Galano, genuine paper bills that have been withdrawn from circulation were used by giving them
the appearance of some other true and genuine document.

Q: In the falsification of public or official documents, is the idea of gain or the intent to cause damage
necessary?
A: No, because the principal thing punished is the violation of public faith and destruction of the truth as therein
solemnly proclaimed. The existence of a wrongful intent to injure a third person is not necessary when the falsified
document is a public document (Siquian vs People). This is also true with respect to commercial documents, because
as to this kind of document, a credit is sought to be protected (Reyes).

Q: May falsification of public document be complexed with estafa?

A: Yes, because damage is not an element of falsification of a public document, it could be complexed with estafa as
a necessary means to commit the latter.

Q: What are the five classes of falsification?

A:
1. Falsification of legislative documents;
2. Falsification of a document by a public officer, employee or notary public;
3. Falsification of a public or official, or commercial documents by a private individual;
4. Falsification of a private document by any person;
5. Falsification of wireless, telegraph and telephone messages.

Q: May a drug dependent who is found guilty of the use of dangerous drugs voluntarily submit himself for
treatment and rehabilitation?
A: Yes. The drug dependent may, by himself/herself or through his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter to the Court which
shall order that the applicant be examined for drug dependency (Section 54, Article VIII, RA 9165).

Q: Is there also compulsory confinement?

A: Yes. Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined
for treatment and rehabilitation in any Center duly designated or accredited for the purpose. A petition for the
confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person
authorized by the Board with the Regional Trial Court of the province or city where such person is found. (Section 61,
Article VIII, RA 9165).

Q: How will a drug dependent who is under the voluntary submission program and is finally discharged from
confinement in the Center be exempt from criminal liability?
A:
1. He/she has complied with the rules and regulations of the center, the applicable rules and regulations of
the Board, including the after-care and follow-up program for at least eighteen (18) months following
temporary discharge from confinement in the Center
2. He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous
Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or
any special penal laws
3. He/she has no record of escape from a Center
4. He/she poses no serious danger to himself/herself, his/her family or the community by his/her
exemption from criminal liability (Section 55, Article VIII, RA 916)

Q: What are the rules in determining obscenity?

A:
The test of obscenity:
1. The test is objective.
2. It is more on the effect upon the viewer and not alone on the conduct of the performer.
3. Kottinger doctrine - Whether the tendency of the matter charged as obscene, is to deprave or corrupt
those whose minds are open to such immoral influences, and into whose hands such a publication may fall
and also whether or not such publication or act shocks the ordinary and common sense of men as
indecency
CRIMINAL LAW - 18 - UP COLLEGE OF LAW PRE-WEEK NOTES
4. As long as the pornographic matter or exhibition is made privately, there is no crime committed under the
Revised Penal Code because what is protected is the morality of the public in general.

Miller doctrine (newer):

1. whether to the average person, applying contemporary standards would find the work, taken as a whole,
appeals to the prurient interest
2. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the
applicable state law
3. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
** The determination of obscenity in the end still lies on the judges

Q: Distinguish between Art. 202 and Anti-Trafficking Law.

A: Art 202 punished prostitute while the Anti Trafficking Law treat the prostitute as victims of human trafficking and
thus absolves them from liability. In Anti-Trafficking Law, the people punished are those to engage the prostitutes in
prostitution and promote prostitution, as well as those who avail the service of prostitutes; on the other hand, the
prostitutes undergo preventive, protective, and rehabilitative programs.

Q: Is there a defense available to Art. 204 (Knowingly Rendering Unjust Judgment)?

A: Yes, mere error in good faith. There must be positive evidence imputing an unjust judgment; presumption will not
suffice.

Q: Is trial or authoritative judicial declaration necessary before a prosecution of a case for violation of Art.
202 necessary?
A: Yes, Before a criminal action against a judge for violation of Articles 204 and 205 can be entertained, there must
be a trial or authoritative judicial declaration that his decision or order is really unjust which may result from either an
action of certiorari or prohibition in a higher court (De Vera v. Pelayo, 2000).

Q: What is the principal distinction between indirect and direct bribery?

A: In the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In
the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason
of his office.

Q: Is there a frustrated indirect bribery?

A: No. It is always in the consummated stage. There is no attempted much less frustrated stage in indirect bribery.

Q: What are the acts punished in RA 3019?

A:
1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority or an offense in connection with the official duties
of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense
2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or transaction between the Government and any other
part, wherein the public officer in his official capacity has to intervene under the law
3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner or capacity, has secured
or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or
to be given, without prejudice to Section thirteen of this Act
4. Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination
5. Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged with the grant of licenses or
permits or other concessions
6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or discriminating against any other interested party
7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby
8. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest
9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction
or act requiring the approval of a board, panel or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does not participate in the action of the
board, committee, panel or group
CRIMINAL LAW - 19 - UP COLLEGE OF LAW PRE-WEEK NOTES
10. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled
11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date

Q: What are the acts punished in RA 6713?

A:
1. financial and material interest public officials and employees shat not, directly or indirectly, have any
financial or material interest in any transaction requiring the approval of their office
2. outside employment and other activities related thereto until 1 yr after resignation/retirement such as:
a. own, control, manage, or accept employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised, or licensed by their office
unless allowed by law
b. engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions (exception
to 1 yr rule unless in connection with matter in which he public officer intervened)
3. disclosure and/or misuse of confidential information public officials and employees shall not use or divulge
confidential or classified information officially known to them by reason of their office and nor made available
to the public for the following purpose:
a. to further their private interests, or give undue advantage to anyone
b. to prejudice public interest
4. solicitation of acceptance of gifts public officials and employees shall not solicit or accept directly or
indirectly any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being regulated by, or any transaction which
may be affected by the functions of their office

Q: What are the acts punished in RA 7080 (Plunder Law)?

A: Acts punished (Section 1):
1. through misappropriation, conversion, misuse or malversation of public funds
2. by receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in connection with any government contract or project or by
reason of the office or position of the public officer concerned
3. by the illegal or fraudulent conveyance or disposition of assets belonging to the Natl Govt or any of its
subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries
4. by obtaining, receiving, or accepting directly or indirectly any shares of stock, equity, or any other form of
interest or participation including promise of future employment in any business enterprise pr undertaking
5. by establishing agricultural, industrial, or commercial monopolies or other combinations and/or
implementations of decrees and orders intended to benefit particular persons or special interests
6. by taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expenses and to the damage and prejudice of the Filipino people and
the republic

Q: What is the test to determine ill-gotten wealth?

A: Whether or not manifestly out of proportion to salary as public officer or employee and to his other lawful income,
gives rise to a prima facie presumption of unlawful acquisition. However, this presumption may be overcome by
explanation to the satisfaction of the court.

Q: What is the distinction between the Forfeiture Law and other Graft Laws?
A: Forfeiture law punishes the conveyance of the ill-gotten wealth to other people to avoid forfeiture, and not the act
of having ill-gotten wealth per se, which is what the other laws punish.

Q: When is parricide not punishable with reclusion perpetua and death?

A: If it is committed
- Through negligence (Art 365)
- By mistake (Art 249)
- Under exceptional circumstances (Art 247)

Q: Will Article 247 also apply in case of rape?

A: No, it only applies when the spouse is caught in flagrante delicto of adultery (Reyes).

Q: What is accidental homicide?

A: Death of person brought about by a lawful act performed with proper care and skill, without homicidal intent. There
can be no liability.
CRIMINAL LAW - 20 - UP COLLEGE OF LAW PRE-WEEK NOTES
Q: What is the basic framework and difference in circumstances governing crimes involving the killing of
persons?
A:
PARRICIDE: killing of persons; involves the circumstance of relationship
MURDER: same; involves the manner in which the crime was committed
INFANTICIDE: same; in relation to status, the age of the offended party
HOMICIDE: same; in the absence of the circumstances of murder, parricide or infanticide

Q: Distinguish between mutilation/mayhem and other classes of physical injuries.

A: Intention to actually clip off a part of the body to deprive the person of that part; no requisite of such intention in
physical injuries.

Q: When can kidnapping be appreciated separately from homicide/murder of the person detained?
A: In People vs. Ramos - Where the person kidnapped is killed in the course of the detention, regardless of whether
the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer
be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime
under the last paragraph of Art. 267, as amended by R.A. 7659.

Q: What are the classifications of physical injuries?

A:
1. Between less serious physical injuries and serious physical injuries, you do not consider the period of
medical treatment. You only consider the period when the offended party is rendered incapacitated for
labor.
2. When the injury created a deformity upon the offended party, you disregard the healing duration or the
period of medical treatment involved. At once, it is considered serious physical injuries.
3. Deformity requires the concurrence of the following conditions:
a. The injury must produce ugliness;
b. It must be visible;
c. The ugliness will not disappear through natural healing process.

Q: When is serious physical injuries punished with higher penalties?

A:
1. If it is committed against any of the persons referred to in the crime of parricide under Article 246;
2. If any of the circumstances qualifying murder attended its commission.

Q: Under what circumstance can rape be committed by a woman against a man?

A: If a woman or a man uses an instrument on anal orifice of male, she or he can be liable for rape.

Q: What happens in case a minor commits rape?

A: He is still exculpated from criminal liability. However, RA 9344 does not relieve him of civil liability arising from the
offense.

Q: What are the qualifying circumstances in case of kidnapping and serious illegal detention?
A:
1. Purpose is to extort ransom.
2. When the victim is killed or dies as a consequence of the detention.
3. When the victim is raped.
4. When victim is subjected to torture of dehumanizing acts.

-End of Criminal Law Pre-Week Notes-