Crim Reviewer Silva

CRIMINAL LAW REVIEW
JUSTICE DENNIS VILLA-IGNACIO (PLUS SPECIAL NOTES, ETC.) !!
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PART I.
CRIMINAL LAW I (ARTS. 1-113)
I. CRIMINAL LAW IN GENERAL
Q: What is the Philippine territory or the maritime zone in which the Philippine courts can
exercise jurisdiction?
Ans: Philippine territory is defined by R.A. No. 3046 & UNCLOS (Base!lines theory); our territorial sea
extends 12 nautical miles from the shores and EEZ extends 200 nautical miles from the shores.
Q: What are the reasons for the exceptions made in Art. 2 of the RPC which make punishable
certain acts even if they are committed outside Philippine territory?
Ans:
a. When the offender should commit an offense while on a Philippine ship or airship The Philippine
vessel, although beyond three miles from the seashore, is considered part of the national territory (but
when the Philippine vessel or aircraft is in the territory of a foreign country, the crime committed is
subject to the laws of that foreign country);
b. For the 2nd and 3rd exceptions ! They are dangerous to the economic stability of the affected State;
c. For the 4th exception Public officers are performing public functions that are affected by public interest;
d. For the 5th exception These crimes affect the political security of the affected State and are also against
the law of nations, e.g., treason (Art. 114), conspiracy and proposal to commit treason (Art. 115),
espionage (Art. 117), inciting to war and giving motives for reprisals (Art. 118), violation of neutrality
(Art. 119), correspondence with hostile country (Art. 120), flight to enemys country (Art. 121), and
piracy and mutiny on the high seas (Art. 122).
Q: State the rule on the construction and interpretation of penal laws.

Ans: Penal laws are strictly construed against the State and liberally in favor of the accused. The reason
behind such rule is because the accused had no hand in the drafting of the penal law. Similar to contract law,
a party who had no hand in the drafting of an ambiguous provision should not be prejudiced by the effects of
such ambiguity (Note: rules on statutory construction apply only if there are ambiguities and the law is NOT
clear).
Q: What is the equipoise rule? And what is the reason for such rule?
Ans: Where the evidence of the parties are evenly balanced, the case will be resolved against the plaintiff.
Thus, in criminal cases, the accused must be acquitted and in civil cases, the complaint must be dismissed.
Reason: burden of proof is with the prosecution or the plaintiff.
Q: What are the two theories that form the basis for criminal law?
Ans: Classical and positivist theory.
a. Classical Theory The basis of criminal liability is human free will and the purpose of penalty is
retribution. That man is essentially a moral creature with an absolutely free will to choose between good
and evil, thereby placing more stress upon the effect or result of the felonious act than upon the man, the
criminal himself. There is scant regard to the human element;
b. Positivist Theory That man is subdues occasionally by a strange and morbid phenomenon which
constrains him to do wrong, in spite of or contrary to his volition. Thus, crimes cannot be treated and
checked by the application of abstract principles of law and jurisprudence nor by the imposition of a
punishment, fixed a priori; but rather through the enforcement of individual measures in each particular
case.
Note: The RPC is under the classical theory, however, certain provisions fall under the positivist theory,
e.g., provisions on habitual delinquency, impossible crimes, etc.
Q: What is the exception to the prospective application of criminal laws?

Ans: Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the
accused, it can be given a retroactive effect.
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JUSTICE DENNIS VILLA-IGNACIO (PLUS SPECIAL NOTES, ETC.)
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Note: But this exception has no application:
a. Where the new law is expressly made inapplicable to pending actions or existing causes of action (Tavera
v. Valdez, 1 Phil. 463, 470!471); and
b. Where the offender is a habitual criminal under Rule 5, Art. 62, Revised Penal Code (Art. 22, RPC).
II. FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
A. Felonies
Q: What is it in impossible crimes that the State seeks to address? what about in habitual
delinquency?
Ans: For impossible crimes, it is the criminal intent of the accused. For habitual delinquency, it is the
propensity of the accused to commit certain crimes.
Q: A policeman is asking for possible witness or witnesses to a crime. A was there. He did not do
anything and just walked away when he was approached by the policeman. Does A incur any
criminal liability?
Ans: No. Such act is not punishable by the RPC. However if A was at the place when the crime was
committed and he did not render aid or assistance to the person injured, he will be liable under Art. 275, 1,
Abandonment of Persons in Danger (note: victim must be in an uninhabited place in danger of dying).
Note: For felonies by omission, there must always be a specific provision of law that punishes such omission.
Q: Under Art. 275, 1, can the perpetrator who abandoned the dying person be held liable for
homicide?
Ans: Yes, in relation to Arts. 3 and 4, par. 1 of the RPC.
Note: Take note of Art. 275, 1 which says, unless such omission shall constitute a more serious offense.
Q: If A fails to report a crime to a public officer, is he liable for misprision of a felony?

Ans: No, such omission is not punishable. Only one such omission (failure to report) under the RPC is
punishable, that is, Art. 116. Misprision of Treason.
Note: if A was privy to a conspiracy to commit treason, but he fails to report such conspiracy, he can also be
held liable under Art. 116.
Q: What other omissions are punishable under the RPC?

Ans: Other examples include
a. Art. 125 Delay in the Delivery of Detained Persons to Proper Judicial Authorities; and
b. Art. 126 Delay in the Release of Prisoners.
Q: X, when interrogated by the police, instead of describing the assailant as a young, good-looking
boy, described him as a lady good in martial arts. If any, what could be the criminal liability
of X for having provided an inaccurate description of the assailant?
Ans: He can be held liable as an accessory under Art. 19 (3) by assisting in the escape of the principal of the
crime provided that he has knowledge of the commission of the crime OR under the special law of PD 1829
Obstruction of Justice.
Q: What are two legal maxims applicable in cases of absence of voluntariness or freedom, in
relation to dolo?
Ans:
a) Actus me invito factus non est meus actus or An act done by me against my will is not my act; and
b) Actus non facit reum, nisi mens sit rea or There can be no crime when the criminal mind is wanting.
Q: Give an example of a crime where the element of intelligence is absent.

Ans: Murder done by an insane or a minor person.
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Q: If person A fails to render assistance to person B who is in need and the latter subsequently dies,
what would As liability be?
Ans: He will be liable for the death of B. This is based on Articles 3 and 4, par. 1 of the RPC. One who
commits an intentional felony is responsible for all the consequences which may naturally and logically result
therefrom, whether foreseen or intended or not.
Q: What is the maximum period permitted for the delay in the delivery of detained persons to the
proper judicial authorities?
Ans: 12 hours, for crimes or offenses punishable by light penalties, or their equivalent. 18 hours, for crimes
or offenses punishable by correctional penalties, or their equivalent. 36 hours, for crimes or offenses
punishable by afflictive or capital penalties, or their equivalent (Art. 125, RPC).
Q: Why does the RPC punish culpa?

Ans: A man must use common sense, and exercise due reflection in all his acts; it is his duty to be
cautious, careful and prudent, if not from instinct, then through fear of incurring punishment. He is
responsible for such results as anyone might foresee and for his acts which no one would have performed
except through culpable abandon. Otherwise, his own person, rights and property, and those of his fellow
beings, would ever be exposed to all manner of danger and injury (Reyes, p. 38 citing U.S. v. Maleza, 14
Phil. 468, 470).
Note: Culpa is committed when the wrongful act results from imprudence, negligence, lack of foresight,
or lack of skill (Art. 3, 2, RPC).
Q: Give an example of the RPC punishing culpa.

Ans: Reckless imprudence resulting in homicide (RPC, Art. 365).
Q: What are the requisites in order that an act or omission may be considered as having been
performed or incurred with deliberate intent (dolo)?
Ans: 1) freedom; 2) intelligence; and 3) intent. All three requisites of voluntariness in intentional felony
must be present, because a voluntary act is a free, intelligent, and intentional act (Reyes, p. 41 citing U.S.
v. Ah Chong, 15 Phil. 488, 495).
Q: Explain the amendment to Art. 12, 2 and 3.

Ans: New Minimum age of criminal responsibility
a) 15 years of age or under at the time of the commission! Exempt and subjected to an intervention
program;
b) Above 15 years but below 18 years of age who acted without discernment! Same as number 1;
otherwise, he shall be proceeded against in accordance with the law (see R.A. No. 9344).
Q: Is lack of motive a valid ground for acquitting the accused?

Ans: No. It is not an element of any crime.
Q: Distinguish motive from intent.

Ans: Motive is the moving power which impels one to actions for a definite result. Intent is the purpose to
use a particular means to effect such result.
Motive is not an essential element of a crime, and, hence, need not be proved for purposes of conviction
(Reyes, p. 59 citing People v. Aposaga, 108 SCRA 574, 595).
Q: When is motive significant?

Ans: Where the identity of a person accused of having committed a crime is in dispute, the motive that
may have impelled its commission is very relevant (Reyes, p. 60 citing People v. Murray, 105 Phil. 591,
598).
If the evidence is merely circumstantial, proof of motive is essential (Reyes p. 61 citing People v. Oquio,
122 SCRA 797, 808).
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Q: Is it possible for the court to convict one respondent for dolo and another respondent by means
of culpa? May two offenders in the same crime who are not co-conspirators be held liable with
one acting with culpa (negligently) and the other with dolo (intentionally)?
Ans: Yes. In People vs. Pugay, 167 SCRA 439, Pugay doused the victim with gasoline while the other set
the victim on fire. The court convicted Pugay of homicide through reckless imprudence while the other
was convicted with dolo (See Reyes, p. 128).
Q: What are the two ways in which felonies can be committed without intent?
Ans: When they are committed either through lack of foresight or lack of skill.
Q: What are the two ways of committing a crime?

Ans: Mala in se and Mala prohibita.
Q: What is the nature of crimes punished by special penal laws?

Ans: They are mala prohibita. When the crime is punished by a special law, as a rule, intent to commit the
crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the
special law (Reyes, p. 53).
Q: Give an example of a violation of special penal law wherein malice is not required?
Ans: Violation of B.P. 22; Violation of Plunder Law.
Q: Distinguish intentional felonies from culpable felonies.

Ans: In intentional felonies, there is malice. In culpable felonies, the act or intention is not malicious. The
injury caused is unintended. It is simply the incident of another act performed without malice.
Note: Intentional felonies may either be mala in se or mala prohibita.
Q: Distinguish mala in se from mala prohibita.

Ans: Mala in se requires criminal intent. In mala prohibita, the commission of the act is enough.
Q: What crimes under RPC may be considered mala prohibita?

Ans: Art. 213 Illegal exaction or in Art. 304 Possession of picklocks or similar tools.
Note: Not all crimes in the RPC are mala in se. And not all crimes punished by special laws are mala
prohibita.
Q: What special laws require criminal intent as an element for prosecution?

Ans: R.A. No. 7610 (Child Abuse) & R.A. No. 7877 (Sexual Abuse).
Q: Distinguish between intent to commit the crime and intent to perpetrate the act. Give
examples.
Ans: A person may not have consciously intended to commit a crime; but he did intend to commit an act,
and that act is, by the very nature of things, the crime itself (Reyes, p. 53 citing U.S. v. Go Chico, 14 Phil.
128). In intent to commit the crime, there must be criminal intent; in intent to perpetrate the act, it is
enough that the prohibited act is done freely and consciously (Reyes, p. 53).
Q: Is good faith a defense when one is prosecuted for violating a special penal law?
Ans: Generally, it is not. In special penal laws, what is punished is the act, irrespective of the intent.
Nevertheless, there are some special penal laws that require intent as an element in prosecuting the offense.
(See Reyes, p. 56!58).
Q: What if a guy mistakenly shot his roommate in the dark, thinking the latter was a thief? Will the
former then be liable?
Ans: No. Mistake of fact is a proper defense. In this case, the accused acted in self!defense (U.S. v. Ah
Chong, 15 Phil. 488). Note: The mistake must be without fault or carelessness on the part of the accused
(People v. Oanis, 74 Phil. 257).
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Q: What are the requisites of mistake of fact as a defense?
Ans:
1. That the act done would have been lawful had the facts been as the accused believed them to be;
2. That the intention of the accused in performing the act should be lawful; and
3. That the mistake must be without fault or carelessness on the part of the accused.
Q: What is Art 48? Explain.

Ans: This provision deals with complex crimes.
Note: Relate this provision with aberratio ictus.
Q: What is error in personae? aberratio ictus? praeter intentionem?

Ans:
a. Error in personae There is mistake in the identity of the victim (See People v. Oanis, 74 Phil. 257);
In a case, defendant went out of the house with the intention of assaulting Dunca, but in the darkness of
the evening, defendant mistook Mapudul for Dunca and inflicted upon him a mortal wound with a
bolo. In this case, the defendant is criminally liable for the death of Mapudul (People v. Gona, 54 Phil.
605).
b. Aberratio Ictus There is a mistake in the blow; and
Where the accused, having discharged his firearm at Juana Buralo but because of lack of precision, hit
and seriously wounded Perfecta Buralo, it was held that the accused was liable for the injury caused to
the latter (See People v. Mabugat, 51 Phil. 967).
c. Praeter intentionem The injurious result is greater than that intended.
Where the accused, without intent to kill, struck the victim with his fist on the back part of the head
from behind, causing the victim to fall down on his head hitting the asphalt pavement and resulting in
the fracture of his head, it was held that the accused was liable for the death of the victim, although he
had no intent to kill said victim (See People v. Cagoco, 58 Phil. 524).
Q: What is the essence of Art. 5, RPC? explain.

Ans: This provision deals with the duty of the court in connection with acts which should be repressed but
which are not covered by the law, and in cases of excessive penalties.
Note: For Art. 5, take note of People v. Corpuz.
Q: What is an impossible crime?

Ans: The act performed by the offender cannot produce an offense against persons or property, because:
a. The commission of the offense (against persons or against property) is inherently impossible of
accomplishment; or
b. The means employed is either (a) inadequate or (b) ineffectual (Art. 4, RPC).
Q: Can rape be classified as an impossible crime?

Ans: Yes. As a result of an amendment, Rape has been reclassified as a crime against persons. Hence, it is
now capable of becoming an impossible crime. (See R.A. 8353, 2)
Q: Why is Rape under Art. 266-A and not Art. 267?

Ans: For convenience of prosecution.
Q: A girl was raped by a boy, but 15 minutes earlier, the girl was already dead. Is there a crime of
rape?
Ans: No. There is legal impossibility in this case.
Note: There is a pending bill criminalizing necrophilia filed by Sen. Manny Villar (S.B. No. 1297) and
Rep. Arroyo (H.B. No. 1375).
Q: Give an example of a legal impossibility?

Ans: With intent to kill, stabbing a person already dead.
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Q: When is discharge of firearm considered attempted homicide, illegal discharge, or alarms and
scandal?
Ans: Attempted homicide ! if the gun was pointed at the person with intent to kill, but the bullet did not
hit or did not cause a mortal wound due to circumstances independent of the will of the perpetrator; Illegal
discharge ! if the gun was pointed at the person, it was discharged, but there was no intent to kill him;
Alarms and scandal ! the gun was discharged but it wasnt pointed to anyone.
Q: Is there marital rape in the RPC?

Ans: Yes. See Art. 266!C, par. 2, RPC.
Q: What is the latin maxim applicable in relation to Art. 5?

Ans: Nullum crimen, nulla poena sine lege ! there is no crime if there is no law punishing it.
Q: Can Art. 5, par. 2 be applicable to special penal laws?

Ans: No. The court must take into consideration the degree of malice and injury caused. This is not
applicable to mala prohibita offenses.
Q: What if X tried to cause his girlfriend to have an abortion by giving her drugs, but instead
caused her less serious physical injuries, what is his crime? (Note that it was not his intention
to cause less physical injuries).
Ans: Less serious physical injuries.
Q: What is the significance of determining the stage of execution of the crime?

Ans: It will determine the degree of the penalty imposable on the accused.
Note: Art.6 will not apply to crimes punished by special penal laws. Also it will not apply to crimes by
omission since only the consummated stage can be alleged. Art. 6 will not apply to formal crimes which are
consummated in one instant.
Q: Give examples of formal crimes.

Ans: Slander, false testimony, or flight to enemy country.
Q: What are formal crimes?

Ans: Felonies which are consummated in one instant (See Reyes, p. 118!119).
Q: Give examples of light felonies punished by the RPC.

Ans: Intriguing against honor, slight physical injuries, theft with a value of the thing stolen does not exceed
P5, alteration of boundary marks, etc.
Note: Principals and accessories are punishable for light felonies; accomplices are not.
Q: What is conspiracy? and what is proposal?

Ans: See Art. 8.
Q: What is the concept that is applicable when it comes to conspiracy?

Ans: The act of one is the act of all; the liability of one is the liability of all.
Q: What are two modes by which conspiracy is punished?

Ans: Conspiracy as a felony; conspiracy as a means of incurring criminal liability (See Reyes, p. 126).
Q: When is there expressed and when is there implied conspiracy?

Ans: Expressed conspiracy ! there is an open and express agreement to commit a felony; Implied felony !
conspiracy is merely implied from the acts of the offenders.
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Q: What is the quantum of proof in proving the existence of conspiracy?
Ans: Proof beyond reasonable doubt. (People v. Bontad ! direct proof is not essential to establish
conspiracy but may be inferred from the acts before, during, and after the commission of the crime charged)
(See Reyes, p. 130).
Q: What if in the course of robbery, a homicide is committed outside the agreed upon robbery?
Ans: All will be liable for robbery with homicide. The homicide committed is foreseeable from the agreed
upon commission of robbery.
Note: A conspirator is liable only for those acts which are the natural and logical consequence of the act
agreed upon and which are foreseeable. The rule on robbery is special: the commission of homicide in
robbery is always the liability of all the conspirators, foreseeable or not.
Q: In conspiracy by pre-agreement, who should be liable for a second unplanned crime committed
by one or some of the perpetrators?
Ans: The liability of the conspirators is only for the crime agreed upon except:
a. When the other crime was committed in their presence and they did not prevent its commission
indicating their approval therof;
b.When the other crime is the natural consequence of the crime planned, e.g., homicide resulting from
physical injuries inflicted; and
c.When the resulting crime was a composite crime because a composite crime or special complex crime is
indivisible. It cannot be split into different parts, one part to be deemed covered by the conspiracy and
the other outside of conspiracy (Boado 2008 Ed., p. 58).
Q: In a crime of robbery, what kind of act will free a conspirator from liability arising from a rape
committed by his co-conspirator?
Ans: Positive act of preventing the co!conspirator from committing the crime outside that which was
agreed upon.
Q: Can a penal law provide that the provisions of said law should be construed liberally in favor of
the State and strictly against the accused?
Ans: Yes. See Go Tan v. Sps. Tan. Conspiracy here is appreciated against the accused parents!in!law and
in favor of the victim wife, even though generally, conspiracy is not appreciated against an accused in
special penal laws when such law does not provide for its application. The reason for such ruling was for the
protection of victims of VAWC.
Q: What is the general rule with regard to conspiracy?

Ans: Generally, conspiracy does not apply to violations of special penal laws, unless it is expressly provided.
Q: What are status offenses?

Ans: "Status Offenses" refer to offenses that discriminate only against a child, while an adult does not suffer
any penalty for committing similar acts. These shall include curfew violations, truancy, parental
disobedience and the like (R.A. No. 9344, 4). Note that under persons under 18 years of age shall be
exempt from prosecution for the crimes of vagrancy, prostitution, mendicancy, and sniffing of rugby, such
prosecution being inconsistent with the UN Convention on the Rights of the Child (R.A. No. 9344,
57).
B. Justifying Circumstances and Circumstances which Exempt from Criminal Liability
Q: What is the ruling in People v. Apolinar with regard to defense of property?

Ans: The justifying circumstance of defense of property can only be invoked if the attack on property is
coupled with an attack on the person of the one entrusted with the property.
Note: This doctrine has already been modified. No need for simultaneous attack on the person of the
owner/possessor, invoke Art. 539 NCC. (Note also Art. 429, NCC).
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Q: What are the other modifying circumstances that are not mentioned under the 5 articles (Art 11,
12, 13, 14, 15) in Book 1?
Ans: ABSOLUTORY CAUSES:
a. Spontaneous desistance at attempted felonies (Art. 6, 3);
b. Accessories in light penalties (Art. 16);
c. Accessories exempt from liability by reason of relationship ! relatives of principal provided they did not
profit in the crime committed (Art. 20);
d. Legal spouse or parent who inflicts slight or less physical injuries under exceptional circumstances (Art.
247);
e. Exceptions to the applicability of the law on illegal detention and trespass (Cite);
f. Trespass (Art. 280, 3) ! grounds for entry to another's residence;
g. Arbitrary detention (Art. 124) ! grounds permitting detention of victim;
h. Violent insanity requiring confinement to hospitals ! justifying confinement to hospital even if against
his will (example AH1N1, virus that necessitates confinement);
i. Art. 332 ! theft, estafa, malicious mischief mutually committed to persons related to each other;
j. Art. 344 Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape, and acts of
lasciviousness.
k. R.A. No. 9262, 26 ! battered woman syndrome
l. Modifying not provided by special penal law; but by jurisprudence; and
m. Instigation and entrapment (note the difference)
Q: Battered Woman Syndrome - What is the classification? Justifying? Exempting? Or mitigating

circumstance?
Ans: R.A. No. 9262, 26 is justifying. Victims!survivors found suffering from BWS DO NOT incur any
criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of
self!defense.
(Read People v. Genosa ! leading case in BWS).
C. Circumstances which Mitigate Criminal Liability
Q: To be considered mitigating, from what sentiments must passion and obfuscation arise?
Ans: lawful sentiments.
Q: May passion and obfuscation be appreciated even if the facts as the accused believed them to be
turned out to be untrue?
Ans: Yes. Note mistake of fact.
Q: A attacked B. A surrendered in the police station and confessed. May both voluntary surrender
and confession be considered as mitigating circumstances?
Ans: Yes as to voluntary surrender. No as to confession ! must be made in open court.
Q: May confession be made before a police officer in an investigation?

Ans: No. Confession (plea of guilty) must be made in open court, not during inquest or custodial
investigation.
Q: What is the difference between an information and a complaint?

Ans: A complaint is filed when the crime committed is a private offense against an individual (filed by the
individual); an information is filed in court by the prosecutor upon the finding of probable cause against the
accused.
Q: If an accused confessed before the court and asked to be allowed to present mitigating
circumstances, and in the process was able to prove justifying circumstances, how will the
court then rule?
Ans: Not guilty. The accused can simply withdraw his plea of guilty and re!enter a plea of not guilty on
the basis of the justifying circumstances proved.
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Q: What if the accused does not enter any plea?
Ans: It is the duty of the court to enter a plea of not guilty for the accused.
Q: What if the lawyer for the accused is inactive or negligent, may the court withdraw the earlier
plea of guilty?
Ans: Yes, in the interest of justice.
Q: Art. 13, 10 allows the court to consider other analogous mitigating circumstances. Is there a
similar provision in Art. 14 (aggravating circumstances)?
Ans: No, the court may not consider other aggravating circumstances except when a special law expressly
provides for it.
Note: Davalos v. People ! return of money cannot be considered as mitigating circumstance analogous to
voluntary surrender, considering that the accused took 7 years to do so and the accused had not advanced or
given a plausible reason why he could not liquidate such advances (consider the length of time that has
elapsed since the return of funds).
D. Circumstances which Aggravate Criminal Liability
Q: What if a firearm was used to hit a victim in the head, which caused the latters death, will that
result in a separate prosecution for illegal possession of firearm?
Ans: See Implementing Rules and Regulations of Republic Act No. 10591, otherwise known as
Comprehensive Firearms and Ammunition Regulation Act, 29.
Section 29. Use of Loose Firearm in the Commission of a Crime
29.1 The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the
crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is
lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for the crime
charged: Provided further, that if the crime committed with the use of loose firearm is penalized by the law
with a maximum penalty of prision mayor in its minimum period punishable under the Revised Penal
Code or other special laws of which he/she is found guilty.
29.2 If the violation of the law is in furtherance of, or incident to, or in connection with the crime of
rebellion or insurrection, or attempted coup dtat, such violation shall be absorbed as an element of the
crime of rebellion or insurrection, or attempted coup d etat.
29.3 If the crime is committed by the person without using the loose firearm; the violation of the law shall
be considered as a distinct and separate offense.
Q: Must the assailant enter the dwelling to be considered an aggravating circumstance?

Ans: No. It is sufficient that the victim was attacked inside his house, even if the assailant never entered the
premises.
Q: May dwelling be considered as an aggravating circumstance in the crime of adultery where the
sexual intercourse of the wife with another man was committed inside the conjugal home?
Ans: Dwelling is not aggravating if both the offended party/offender live there. However, the husband can
allege abuse of confidence as an aggravating circumstance in this case.
Q: What if the victim was killed in a house not his home (he was merely a visitor)? Is there an
aggravating circumstance of dwelling? (visitor vs. guest)
Ans: No. However, if the victim is a guest in the house, where he is allowed the reasonable use of the
facilities and all amenities of the house, then dwelling as an aggravating circumstance may be appreciated.
Q: Does absolute pardon eliminate the effects of recidivism?

Ans: No, pardon extinguishes the penalty only but not the effects of the offense.
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Q: Distinguish recidivism, reiteracion, habitual delinquency, and quasi-recidivism.
Ans: create matrix.
Q: A commits robbery with homicide. Later, he commits homicide. Is he a recidivist?

Ans: No. They are not under the same title. He may be considered a quasi!recidivist.
Q: Can the wearing of helmets by motorists be considered a disguise as an aggravating

circumstance?
Ans: No. They are required to wear helmets by law.
Q: Why is treachery inherent in murder committed by poisoning?

Ans: People v. Caliso, 58 Phil. 283, 295 (See Reyes, p. 454).
Q: Can treachery be appreciated against the mastermind?

Ans: It depends if the mastermind knew how the crime was to be committed, i.e., if there was conspiracy
as to the manner, means, method of committing the crime. If the mastermind was present, then there is no
doubt that treachery can be appreciated (See Reyes, p. 450).
Q: If robbery with homicide is committed in the dwelling of the offended party is dwelling an
aggravating circumstance?
Ans: Yes. The entry is not necessary to commit the crime.
Q: In robbery with force upon things, is dwelling an aggravating circumstance?

Ans: No. It is inherent in the crime.
Q: What if in committing robbery with force upon things, the accused accidentally killed the
offended party? Would the aggravating circumstance of dwelling be appreciated?
Ans: Yes, even if there was no intention to commit homicide.
Q: Is unlawful entry aggravating in robbery with homicide?

Ans: No, it is inherent.
Q: Distinguish between a guest and a visitor in appreciating the dwelling as an aggravating

circumstance.
Ans: Dwelling is aggravating if the offended party is a guest. On the other hand, if the offended party is
merely a visitor it is not an aggravating circumstance. An offended party is a guest if he is permitted to use
the facilities in the dwelling (open the fridge, etc.).
Q: What if the offended party is serving the sentence for robbery with homicide and subsequently
commits robbery, is he a recidivist?
Ans: No, he is only a quasi!recidivist because the first crime is a crime against property while the second is
a crime against persons.
Q: What if a crime is committed by a motorcyclist and he is wearing a heavily tinted helmet, can
the helmet be considered a mask?
Ans: No, wearing a helmet is required by the law.
Q: If A hired B to kill C, and B adopted a treacherous plan to kill C, can the aggravating
circumstance of treachery be appreciated against A?
Ans: Yes, if A had knowledge of the means adopted by b to kill C.
Q: What if he witnessed the means adopted?

Ans: Treachery may be appreciated because he implicitly gave his consent.
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III. PERSONS CRIMINALLY LIABLE FOR FELONIES
Q: Distinguish principal by inducement from one who made the proposal to commit the felony.
Ans: The principal by inducement becomes liable only when the crime is committed by the principal by
direct participation; the mere proposal to commit a felony is punishable in treason or rebellion. The person
to whom the proposal is made should not commit the crime; otherwise, the proponent becomes a principal
by inducement.
Note: Inducement involves any crime; in order to be punishable, proposal must involve only treason or
rebellion (Reyes, p. 535).
Q: Can one be an accomplice even if he did not know of the actual specific crime intended to be
committed by the principal?
Ans: Yes, provided that he knows that the object of the act he was tasked to do was illicit.
Note: The community of design need not be to commit the crime actually committed. It is sufficient if there
was a common purpose to commit a particular crime and that the crime actually committed was a natural or
probable consequence of the intended crime (People v. Largo, 99 Phil 1061).
Q: Can there be a conviction of accomplices and accessories even without the prosecution or
conviction of the principal?
Ans: Yes, except if the principal has been acquitted or there is a pronouncement by the court that there is no
crime committed by the Principal.
IV. PENALTIES
Q: Distinguish pardon by the offended party under Art. 23 and absolute pardon under Art. 89, 4.
Ans: Pardon under Art. 23 does not extinguish criminal action. Even if the injured party already pardoned
the offender, the fiscal can still prosecute the offender. Under Art. 89, there is total extinguishment of
criminal liability.
Note: The offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if
the offended party shall have consented or pardoned the offenders (Art. 344, 2, RPC).
Art. 266!C did not use pardon, but used forgiveness by the lawful spouse.
Discussion on ISL Note the three!fold rule, what are the effects of insanity, and Probation Law.
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PART II.
CRIMINAL LAW II
TITLE II.
Crimes Against the Fundamental Laws of the State
Art. 125 Arbitrary Detention

Can the person detained waive Art. 125? Yes. So that he can ask for preliminary investigation.
Rule 112, Sec. 7 ! When a person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or information may be filed by a
prosecutor without need of such investigation provided an inquest has been conducted in
accordance with existing rules. In the absence or unavailability of an inquest prosecutor, the
complaint may be filed by the offended party or a peace office directly with the proper court
on the basis of the affidavit of the offended party or arresting officer or person.
Once a waiver of Art. 125 has been done, the prosecutors duty is to conduct a preliminary
investigation, to last for 15 days; notwithstanding waiver, he may still file a petition for bail
even before termination of the preliminary investigation, but at what court? And for what
offense?
May the 15!day period be extended? Yes, if there is another waiver.
But may the complainant also ask for the extension of the 15!day period? No.
In arbitrary detention, the offender is a public officer.
Art. 127 Expulsion

Justified legal grounds: ejectment; destierro; expropriation; and deportation.
Destierro 25 to 250 km from actual residence.
Art. 128 Violation of Domicile

Note in all three modes, the offender is a public officer not authorized.
If a public officer shall enter the property of another without consent with a private person,
what would be the liability of the private person? trespass to dwelling.
If the owner of the house is absent, can there be a violation of this provision? Yes, as long as
there is an indication of prohibition to enter.
Art. 129 Search Warrants Maliciously Obtained

What is the liability of a public officer who obtains warrant thru falsification or perjury?
Perjury or falsification + Art. 129. Note: in addition to.
What about the private individual who made a false statement whose statement was used by
the public officer? Will he be liable under Art. 129? The private individual can be held liable if
he is in conspiracy with the public officer (People v. Ponte)
Art. 131 Prohibition, Interruption, and Dissolution of Peaceful Meetings

People v. Calera ! these offenses cannot be committed by the participant. Instead he will be
liable for unjust vexation.
Art. 132 Interruption of religious worship

If committed by private individual, he will be liable for tumults and disturbance of public
order.
Art. 133 Offending the Religious Feelings

Can be covered by anyone (even by a private person).
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Bar Question What are the crimes against public order (memorize 134!160)
TITLE III.
Crimes Against Public Order
Art. 134 Rebellion

When murder or other crimes are committed in furtherance of the rebellion, then these crimes
are absorbed in the crime of rebellion; if not in furtherance of the rebellion, then these crimes
are punished separately.
Note that the crime is committed the moment there is a public uprising; accomplishment of
the purpose is unnecessary.
Note the differences between rebellion, sedition, treason, and coup detat.
Note the penalty for rebellion has been updated by RA 6968 issued in 1990.
Read Enrile v. Salazar, 186 SCRA 217
Treason, rebellion, coup detat, sedition must not have been committed in order to be liable
for conspiracy or inciting to treason, rebellion, coup detat, or sedition.
Note there is no crime of inciting to treason. This is considered a component of the crime.
In inciting to sedition, note Art. 142 (2nd Part) saying inciting to sedition can be committed
by uttering seditious words or speeches which tend to disturb the public peace? Is this not a
violation of the right to free speech or press? Note pp. 116!117. Distinguish dangerous
tendency rule and clear and present danger rule in relation to inciting to sedition.
Art. 148 Direct Assault

For purposes of this provision, distinction must be made of public officers defined in Art. 203
and persons in authority defined in Art. 152.
It is not the nature of the appointment, but the duties performed by the public officers.
Note that the scope of those determined as persons in authority has been expanded, i.e.,
punong barangay, lupon ng barangay, and tagapamayapa are considered persons in authority.
Note that teachers/professors whether of public or private educational institution are
considered persons in authority.
The phrase on the occasion of such performance should mean by reason of past
performance of official duties. The same phrase is also found in Art. 152.
Note the elements of direct assault.
Reconcile the comments of Reyes regarding the element of knowledge of the offender that
the person attacked is a person in authority. Note that knowledge is an element of direct
assault of the 2nd kind.
If a retired fiscal/judge was attacked and as a result, he sustained serious physical injuries,
would the offender be liable for Direct Assault? There is an argument that the provisions of the
law must be strictly applied. DVI, however, believes that since the fiscal/judge even if retired
is considered a lawyer, then the attack still constitutes direct assault.
If a private individual, while aiding a policeman in making an arrest, was attacked, would that
constitute indirect assault? No. the policeman at that time was not a victim of direct assault.
Moreover, the private individual is not coming to the aid of a person in authority but to the
aid of a mere agent of a person in authority.
Note the qualifying circumstances.
Note also the resulting complex crimes. Slight physical injuries is considered a separate crime if
the offended party is a person in authority. If the offended person is a mere agent, slight
physical injuries are absorbed in the crime of direct assault.
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If the person in authority/agent exceeds his authority, then there is no crime of direct assault if
in case he was attacked.
The problems would involve the application of the three articles direct assault; indirect
assault; and resistance or disobedience.
Art 149 Indirect Assault

Note the elements
Can be committed only when direct assault is committed;
If a private individual aid a policeman making a lawful arrest, is himself attacked, the crime is
not indirect assault. The policeman is not a victim of direct assault.
Art. 151 Resistance and Disobedience

Note the two acts punished: 1) resistance and serious disobedience; and 2) simple disobedience
The knowledge that the person giving the order is a person in authority or his agent is essential.
Acts must not constitute direct or indirect assault.
Note: When does Art. 48 not apply? There are 4 instances.
Art. 153 Tumults and Other Disturbances of Public Order

A while inside pub office shouted, kicked chairsLiable under 153? No. Disturbance must be
planned and intended (p. 392 Reyes 1968).
During the last SONA, several protesters displayed placards, shouted, made an outcry, all of
which caused disturbance in a public place the roads were closed, etc. Are these people liable
under Art. 153? Are the policemen liable for dereliction of duty since there were no arrests
made? The answer is probably the policy of tolerance on the part of government and the
protection of the right to freedom of speech.
What is public order?
Distinguish from inciting to rebellion and sedition.
Art. 154 Unlawful Use of Means of Publication and Lawful Utterances

Note, if the publication is anonymous and obscene, the offenses cannot be complexed because
these are acts separately punished.
Art. 155 Alarms and Scandals

Note the acts punished.
What is charivari? Includes a medley of discordant voices, a mock serenade of discordant noises
made on kettles, tin, horns, etc.
What about a nocturnal amusement? Is using a karaoke at 2 am a violation of this article? If
not, what then is an example of a nocturnal amusement?
Intoxication is an alternative circumstance under Art. 15. How would you consider this
circumstance in prosecuting someone under this provision? Is this aggravating or mitigating?
Ans: it should not be taken into consideration as an alternative circumstance. It is already the
punishable act.
Art. 156 Delivering Prisoners from Jail

Is physical injuries a separate crime in this provision? No, force and violence are already
absorbed.
Bribery can be a separate crime under Art. 210. (p. 427, Regalado)
If the crime is murder, homicide, parricide, attempt against the life of the chief executive, the
offender becomes an Accessory to the crime (Art. 19).
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Note the qualifying circumstances.
A who is a friend of X falsified the release order of prisoner X and signed the said document,
what is his liability? Complex crime of delivering prisoner from jail through falsification (p.
393, Reyes 1968).
What if the crime of delivering prisoners from jail was committed through the use of fictitious
name? the crime of fictitious name will be absorbed (p. 461, Regalado)
Art. 157 Evasion of Service of Sentence

Note the qualifying circumstances
Note unlawful entry is a wrong translation. The proper term should be scaling the walls.
Is there evasion of sentence where the penalty of sentence is destierro? Yes. The said penalty is
also a deprivation of liberty.
Art. 158 Evasion of Service of Sentence on the Occasion of Disorders

Note the amendment of RA 10592, 4.
TITLE IV.
Crimes Against Public Interest
Art. 171 & 172 Falsification

There is no need for the offender to actually use the falsified document. The moment the
document is falsified, then the crime has already been consummated.
Generally, this is a crime separately punished by the code, except if it is committed as a means
to the commission of estafa, etc. In which case, it will be a complexed crime.
Be familiar with the rules: when do you apply 171 and when 172?
A public officer acting outside his official functions and duties can be liable under Art. 172.
Note that falsification can also be a means of committing another offense.
If the document involved is a private document, and the crime committed is both estafa and
falsification, which one will you file? If the falsification of a private document is committed as
a means of committing estafa, then the proper crime is falsification. If the estafa was committed
without the necessity of falsifying the document, then the crime would be estafa. NOTE:
there is no complex crime of estafa thru falsification of a private document.
Authorship: Assuming there is no direct evidence to identify the offender, who then shall be
deemed the author of the falsified document? The user of falsified document (note the two
requisites: time element and capacity). See Reyes 1968, p. 418.
Note the punishable acts in Art. 171.
In what cases is the making of an untruthful statement in a narration of facts not punishable? 1)
if there is no legal obligation; 2) colorable truth; 3) no knowledge; and 4) no intent to injure
(See Reyes 1968, p. 409).
Can falsification of private document be committed thru reckless imprudence? Generally, no
because there is no intent to injure. However, if there is material damage, then the actual
result will be considered. Hence, this can only be committed if there is actual damage caused
to the offended party (See Reyes 1968, p.415). Note also the case where the Board of a
GOCC had reason to rely on the acts of a subordinate (Reyes 2008).
Suppose a candidate in an election has written in his application that he is eligible for a
particular position, and later on it was found out that he was not qualified, would he be held
liable for falsification? Expressions of an honest opinion will not make a person liable for
falsification/perjury (People v. Yanza). Note the elements of perjury (See Regalado, p. 467)
Distinguish falsification (making untruthful statements) and perjury. See Regalado, p. 451.
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Art. 178 Use of Fictitious Name

The fictitious name must be used for the purpose of delivering prisoners from jail.
TITLE V.
Crimes Relative to Opium and Other Prohibited Drugs
190 194 Repealed by Dangerous Drugs Act of 1972
TITLE VI.
Crimes Against Public Morals
Art. 200 Grave Scandal

Note that this is a catch!all provision. There has to be no other crime applicable (i.e.,
Malicious mischief, acts of lasciviousness.
Q: What if a couple is committing acts of lasciviousness in their bedroom and they left their
windows open such that their neighbors could clearly see them. And there is actually a
neighbor watching them, are they liable for grave scandal? No (U.S. v. Catajay).
Art. 201 Immoral doctrines, obscene publications and exhibitions, and indecent shows
Q: What if a model had a wardrobe malfunction, would she be liable for indecent show? No.
This is unintentional.
Q: What about the cameramen? They will be held liable under RA 9995. Note the
declaration of policy of the anti video voyeurism act (Sec. 2).
Mere possession without intent to sell is not punishable.
The issue of whether something is obscene or not should be decided by the court on a case!
to!case basis.
RA 7610, Sec. 9 Law on child abuse, exploitation, etc.
Art. 202 Vagrancy and Prostitution

Vagrancy has already been decriminalized RA 10158.
Prostitution is still punishable.
A single instance of sexual intercourse for consideration is not prostitution. There must be
habituality.
Note: Titles 8 and 10 are always asked in the Bar Exams.

Title 7 might also be covered.
TITLE VII.
Crimes Committed by Public Officers (RA 3019 Anti Graft and
Corrupt Practices Act, Plunder Law, and RA 10364)
Art. 203 Public Officers

A laborer temporarily entrusted with public function or duty is a public officer.
Laurel v. Desierto honorary office is a public office, i.e., centennial office. It is the delegation
of the public function which gives it its public office character. Compensation is not necessary.
Lacson v. Exec. Secretary where public office is not inherent in the crime committed, there
must be a specific act or averment indicating a connection between the crime and the
discharge of public functions.
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Lacson v. Sandiganbayan Sandiganbayan has jurisdiction as long as the crime was committed
in relation to public office.
Official salary grade is not a matter of proof, but a matter of law which the court must take
judicial notice Binay v. Sandiganbayan.
Five Classifications of crimes under Title 7:
1) Malfeasance and Misfeasance in Office (Includes non!feasance) (Ch. 4);
2) Frauds and Illegal Exactions and Transactions (Ch. 3);
3) Malversation of Public Funds and Property (Ch. 4);
4) Infidelity of Public Officers (Ch. 5);
5) Other Offenses and Irregularities by Public Officers (Ch. 6).
Know the definitions malfeasance, misfeasance, and misfeasance.
Arts. 204-207
These are crimes committed by judges.
Art. 210 Direct Bribery (take note of this crime)

Can be committed in three ways:
1) By agreeing to perform/performing in consideration of any offer, promise, gift, or present
an act constituting a crime in relation to the performance of his official duties;
2) By accepting a gift in consideration of the execution of an act which does not constitute a
crime in connection with the performance of his official duty; and
3) By agreeing to refrain or by refraining from doing something which is his official duty to
do in consideration of a gift or promise.
Note the elements of this crime.
What if the public officer refuses to be bribed? What will be the liability of the one making an
offer? Would that constitute attempted bribery? This is attempted corruption of a public officer
(Art. 212).
May bribery be complexed with or be absorbed by other Crimes? No. The penalty for bribery
is in addition to other crimes that may have been committed.
Art. 211 Indirect Bribery

Note the elements.
What would be the principal distinction between direct and indirect bribery? In direct bribery
there is an agreement between the public officer and the giver of the gifts and present; in
indirect bribery, there is no such agreement.
When is bribery qualified? See Art. 211!A.
What is the justification of the law in imposing criminal liability by the mere acceptance of a
thing even without any agreement?
o The law is trying to do away with the utang na loob culture of the Filipinos
If the offender talked to the jail warden and offered him 50k so that his close friend would
leave the jail. What would be the criminal liability of the person?
o Delivery of a person from jail through bribery
! This is not absorbed nor complexed. Because of the phrase: in addition to
and as such the law has taken the felony of bribery out of the coverage of art.
48
Art. 213-216 Frauds and Illegal Exactions and Transactions

Malversation involves public funds.
Illegal exaction involves private funds.
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See p. 527 Regalado.
When a tax collector charges an amount in excess of the amount payable by the taxpayer and
then misappropriates the same.
o Illegal exaction from the amount misappropriated
o Estafa with regard to the amount in excess of the amount actually due because of the
presence of deceit
What constitutes malversation? enumerate the articles under the chapter, not the punishable
acts under art. 217
Elements:
o Must be an accountable public officer
! May a private individual be liable for malversation? Yes, In People v. San
Diego, a private individual may be liable if he is charged with public funds
by the government OR acts in conspiracy with a public officer
! When a public officer has no authority to receive the funds, what is his
liability?
Liable for estafa because of US v. solis: when a public officer has no
authority to receive the funds, and the public officer misappropriates
the same he is liable for estafa.
! In a court proceeding, the court admitted 10 1thousand peso bills and marked
them as exhibits, later the clerk of court, extracted or removed these 1
thousand peso bills and misappropriated the same, what is the liability of the
clerk of court for such act of extracting, or removing the same bills? And
misappropriating the same?
For the extraction: Art. 226 Infidelity in the custody of public
documents
The money in the court are not considered as public funds but as
documents.** they ceased to be money but becomes in the nature of
a document/exhibits.
If the court has already been issued and an order has been made
directing the exhibits returned, and instead, the clerk of court
misappropriates it, then he is liable for malversation of public funds.
Because money under the custody of the court, and so it is classified
as money under custodia legis and hence it is classified as public funds.
TITLE VIII.
Crimes Against Persons
Art. 246 Parricide

There must be a legitimate relationship. However, the daughter need not be a legitimate child
before this article can apply.
circumstances of parricide but not punished with RP!D
o By mistake
o Exceptional circumstances
Void marriage: Not parricide
Muslim: see PD 1083; muslim code of personal laws; muslim family code (approved in 1997)
o Muslim code: allows them to contract marriage not more than 4 wives
X, a married 15 year old girl killed her child a day after being born
o Infanticide and not parricide
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o Relate with RA 9344: a child of 15 years old or under is exempt from criminal
liability the crime of parricide is committed but, she however, is exempt from
criminal liability and the repeal of the death penalty
Art. 247 Death in Exceptional Circumstances

The accused must be convicted of parricide or homicide. Art. 247 does not prescribe an
offense it prescribes a privilege (p. 560, Regalado).
Question: The wife knows that the husband was committing infidelity. One day, the wife
surprised the husband together with the paramour in the act of sexual intercourse and inflicted
serious physical injuries on both of them. What is the crime? SPI. Art. 247 does not apply
because the spouse had knowledge of the illicit relation.
What about muslims with multiple marriages?
It is required that the accused catches the two in actual sexual intercourse before he can invoke
Art. 247.
Q: X had been married to A in china before he came to the Philippines. He married B in the
Philippines. X killed B in the act of sexual intercourse with a paramour. Will Art. 247 apply?
No. Because the marriage of X with B is not legitimate (p. 474, Reyes 1968).
247 not a felony it does not define a crime, but a special mitigating circumstance in reference
of the first part! (legally married person surprised his spouse in the act of committing sexual
intercourse) and the penalty is reduced from RP!D to destierro
o Penalty of destierro: 6 months and 1 day to 6 years: not actually a penalty, it is to prevent
applicable only in the circumstance described in 247 and cannot be applied to other felonies
less serious/slight physical injuries: exempt from punishment" this portion of the law is an
absolutory cause
What about the other person: must be of the opposite sex (because the law requires that they
must be caught in the act of sexual intercourse which may only be done by a man and a
woman
immediately thereafter There is no hard and fast rule: see abarca:
o Pursued the paramour
o But hit 2 others which were seriously injured
o 247 was applied for the two others the court ruled that there is no liability because there is
no felony punished (sir does not agree, it is stretching the meaning of 247)
o Guideline: if the facts of the case would show like in people v. abarca, then resolve it with
that case.
P: The wife knew that her husband was having an illicit relationship with a servant girl, the
wife inflicted serious physical injuries for both
A: Cannot avail of 247 because he had already been maintaining an illicit relationship despite
knowledge.
(second part) when only physical injuries or less physical injuries: the offended spouse will not
incur criminal liability, exempt from criminal liability.
Art. 248 Murder

Qualifying circumstances are similar to those art. 14 except the last
What is ignominy as opposed to cruelty?
o Ignominy: mental/emotional suffering. Cruelty: physical suffering
o If the killing of the person is with ignominy, will the killing constitute murder under article
248? No, ignominy alone will not qualify the killing to murder. The aggravating
circumstances must be applied in a strict manner more favorable for the accused.
When the person killed is different from the intended victim
When the victim is the spouse, ascendant, descendant parricide
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When the victim is less than a child less than 3 days old infanticide
When such qualifying aggravating circumstance is not alleged in the information even if
proved during the trial will not be considered
When the means employed is by means of poisonevident premeditation is absorbed
Treachery: taking advantage of
The treachery must have facilitated the commission of the crime
Treachery will absorb the ff:
o Abuse of superior strength
o In aid of armed men
Distinguish physical injuries from murder/homicide
o Intent to killattempted, frustrated homicide
o Intent to kill + any of the qualifying circumstances murder
o No intent to kill but the PI inflicted resulted to death, then it is considered as homicide,
it may sound unfair but
Art. 249 Homicide

A & B, without conspiracy, dealt spontaneous blows against X. One blow was fatal, the others
were only slight physical injuries. There is no evidence of which wound was inflicted by one
or the other upon the victim. What would be the criminal liability of A & B? It depends (see p.
484!485, Reyes 1968).
Problem: A and B inflicted mortal wounds on the victim which died. There was no conspiracy
nor simultaneous conspiracy. The other wound was slight and the other was mortal. What are
the liabilities of both offenders?
o Acquit both of them due to the lack of evidence
o State failed to establish the guilt of the accused of proof beyond reasonable doubt
Art. 251 Death Caused in a Tumultuous Affray
Art. 253 Giving Assistance to Suicide

A committed suicide in a manner suggested by B. Is B liable for giving assistance to suicide?
Yes.
Art. 254 Discharge of Firearm

See. P. 489!490, Reyes 1968.
Art. 255-259 Infanticide and Abortion

If a mother 15 years of age kills her child a day after being born, what is she liable for?
Infanticide, but not punishable for being a minor.
Unintentional abortion may only be committed thru physical violence.
If the abortion results unintentionally without violence (wrong prescription), then the accused
may be liable under Art. 365 Reckless imprudence.
A suffered abortion by natural cause, the expelled fetus already had a human form (about 5
months old). While the fetus was still alive, it was buried by the servant girl in the backyard.
What is the crime committed? Nothing. Abortion was thru a natural cause; there is no
infanticide because there is no showing that the fetus can survive on its own (See p. 494, 1968
Reyes).
Abortion can be complexed with homicide by killing a pregnant murder (intentional); if with
unintentional abortion, there must be acts of violence.
A, a stranger, poisoned a pregnant woman in order to kill her. As a consequence, she and the
fetus inside her died. What is the crime? Murder. There is no intentional abortion because the
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abortion was only incidental to the death of the mother; there is neither unintentional abortion
because there is no violence employed (See p. 495, 1968 Reyes).
What crime is committed if an abortion was suffered by the wife when the husband
administered a drug by mistake? Nothing (see p. 578, Regalado).
Is knowledge by the accused of the womans pregnancy material? Yes in intentional abortion;
no in unintentional abortion (see, p. 577, Regalado).
What if the child was born dead but the accused had no knowledge if such fact and proceeded
in killing the child, what is the crime committed? Impossible crime of infanticide (there is
inherent impossibility in killing the child).
Treachery is inherent in infanticide (US v. Oro, 19 Phil. 548). If the victim is more than 12
years old then treachery may be appreciated.
May there be unintentional abortion through negligence? Yes, as long there is violence
Art. 262 Mutilation

A fought with B. A with intent to kill, struck B cutting his private part. What is his liability?
Frustrated homicide because there is intent to kill (cutting of private part was only
incidental).
A suffered abortion by natural cause, the expelled fetus already had a human form (about 5
months old). While the fetus was still alive, it was buried by the servant girl in the backyard.
What is the crime committed? Nothing. Abortion was thru a natural cause; there is no
infanticide because there is no showing that the fetus can survive on its own.
Art. 263-266 Physical Injuries

Note effect of tetanus (when it results to death, etc.)
Read People v. Villacorta, Sept. 7, 2011 ! rules on proximate cause and efficient
intervening cause.
A without intent to kill fired a gun at B who was wounded but only slight physical injuries
were inficted. What crime was committed?
o Discharge of firearms AND slight physical injury
o Not complexed because slight physical injury is a light felony
What crime is committed if the wife suffered an abortion due to an injurious drug
administered by her husband by mistake?
o No liability
o No intentional abortion: No abortive intent
o No unintentional abortion: no physical violence/
o Not 264: 264 requires knowingly administering the injurious substance. In this case, the
substance was given by mistake
Art. 266-A Rape

Note Anti!Rape Act of 1997 expanded the definition of rape and re!classified it to a public
offense under crimes against persons.
Rape can only be committed by a man against a woman; par. 2 refers not to rape but to sexual
assault.
In par. 2, any person can commit sexual assault; the victim is also any person (gender!neutral).
By fraudulent machination
o Promise to marry.
o Failure to pay the fee?
Is there marital rape? Yes, apply Art. 266!A in relation to Art. 266!C.
Art. 89 refers to total extinction of criminal liability.
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A, B, and C raped X. How many counts of rape would A, B, and C be liable for if each of
them committed rape once against X? Three counts of rape for each.
o Marriage by the offender with the offended party must be with legal capacity and entered
into in good faith.
o What would be the liability of the other co!accused if there was a valid marriage?
Criminal liability of the other offenders subsists.
o Art. 344 cannot apply to co!principals, accomplices, and accessories.
Reconcile with RA 7610; see People v. Jalosjos, 2001.
Note that rape with homicide is a special complex crime but if the homicide is attempted or
frustrated, then there are separate crimes.
What if the offended party is killed and then raped? Murder. Rape is scoffing at the persons
corpse.
Statutory rape mental capacity is relevant. Therefore, even if the offended party is more than
12 years old, but the mental capacity is low, then there is statutory rape.
Counts of rape depends on number of penetration.
o People v. Aaron, 2002 despite the fact that there were 3 penetrations, the accused must
be convicted of 1 count of rape only because there was only 1 criminal intent.
o People v. Lucena, February 2014 the accused penetrated 3 times. Therefore, he should
be liable for 3 counts of rape.
TITLE IX.
Crimes Against Personal Liberty and Security
Art. 267 Kidnapping and Serious Illegal Detention

In kidnapping, victim must be taken away.
If the offender is a public officer, crime is arbitrary detention.
May a public officer be made liable for kidnapping? Yes, if the public officer acted in his
private capacity (see Regalado, p. 618).
Special complex crimes kidnapping and illegal detention with murder or homicide, or with
rape, or with physical injures (see Regalado, p. 618!619)
Person who furnished place of detention is an accomplice, except if there is conspiracy.
Kidnapping and serious illegal detention
Kidnapping physical taking away a person from one place to another, which is not required
for illegal detention. A person may be detained in his own residence.
If there is absent actual physical taking, but there is restraint, the offender would be liable only
for illegal detention. If the circumstances are present, then it will be serious illegal detention,
Otherwise, it will be punished as slight illegal detention
Qualifying circumstance: when the victim is killed or dies or raped or subjected to torture or
dehumanizing acts death
What if the victim died because of natural causes?
If none of the circumstances are present, the case would fall under 268slight illegal detention
RA 7659: when the victim is raped or is subjected to torture or dehumanizing actsa special
complex crime of kidnapping with rape
People v. Ramos: kidnap for ransom, the victim dies then the offender was convicted with the
penalty of death
Problem: X carried a woman into his car and brought him to another town in order to marry
him, however the woman refused and released her.
o Answer: since the victim is a female, then it is considered as serious illegal detention. Her
release the following day does not entitle the offender a special mitigating circumstance.
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The voluntary release as a mitigating circumstance refers only to 268slight illegal
detention.
Art. 268 Slight Illegal Detention

No circumstances enumerated in Art. 267.
Voluntary release before: 1) within 3 days; and 2) before filing of the complaint will be
considered as a special mitigating circumstance
Q: If a person has kidnapped a minor and has released the victim within 3 days, what will be
his liability? Kidnapping and serious illegal detention (because of minority of victim); special
mitigating circumstance is not applicable because it only applies to slight illegal detention.
Art. 269 Unlawful Arrest

The offender is any person and the purpose of making the arrest is to deliver him to the proper
authorities. There must be a duty on the part of the person to establish good faith
Absent good faith, the crime becomes illegal or arbitrary detention.
Art. 270 Kidnapping and Failure to Return a Minor

Kidnapping is not covered by this provision. Note that the textual substance is limited only to
failure to return a minor entrusted to his custody.
The punishable act is the deliberate failure of the custodian to return the minor to his parents
or guardian. Deliberate implies something more than mere negligence ! intentionally and
maliciously wrong.
Art. 271 Inducing a Minor to Abandon His Home

This must be committed with criminal intent.
If the purpose is to induce the child to engage in dangerous feats or to accompany a vagrant,
the offender is punishable under Art. 278 (5).
The crime is committed and consummated by mere inducement.
Art. 272 Slavery

Kidnapping is not covered by this provision.
Act is covered by the first paragraphif the purpose is to enslave
Covered by 2nd paragraph if for prostitution
if none present, it should fall under article 267 or 268 if the circumstances under 267 be absent
Art. 273-274 Two Forms of Involuntary Servitude in Payment of a Debt

In Art. 274, the debtor is required to work as a servant or worker in a farm as a laborer. If the
victim is forced to work in other capacities, the creditor could be liable for coercion.
o Debtor creditor relationship must exist, otherwise the crime will be coercion
In Art. 273, indebtedness is not a ground for detention.
Art. 275 Abandonment of Person in Danger and Abandonment of Ones Own Victim
There are two punishable acts under this provision.
If a person discovers another person who is injured in an uninhabited place and thereafter
abandons the person and as a consequence the person died, what is the liability? Homicide by
abandonment (see Regalado, p. 629).
Art. 276 Abandoning a Minor

There are 2 punishable acts covered
Always focus on the codal provisions and jurisprudence that will guide you in answering this
problem
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Problem: legal provision: unless such omission shall constitute a more serious offense e.g.
Homicide by abandonment 249 or violation of 275 in relation to 249
If in abandoning the minor, the minor died, what is the felony committed?
o Read the text of article 276!! Criminal liability is abandoning a minor + homicide!!
o shall not prevent the imposition of the penalty provided for the act committed, when
the same shall constitute a more serious offense.
Note par. 3 the person committing abandonment shall be liable fo4yr the more serious
offense.
Art. 280-281 Qualified Trespassing and Other Forms of Trespass

Distinguish violation of domicile from trespassing violation of domicile is committed by a
public officer in three ways; trespass to dwelling is committed only in one way (see 1968
Reyes, p. 515!516).
Trespass to dwelling Violation of domicile

1. Entering any dwelling
against the will of the
owner
Violence or intimidation, 2. Searching papers without
How committed
against the latters will consent
3. Refusing to leave after
surreptitiously entering the
dwelling
Offender Private person Public
Offender can be made liable for trespassing his own house (see Regalado, p. 636)
If the offender entered the dwelling without consent and without intent to kill, but once
inside he was discovered and was compelled to kill, what will be his liability? Two separate
crimes of trespass to dwelling and homicide (see Regalado, p. 636); but if there was intent to
kill from the start, then he will be liable for homicide with trespass to dwelling as an
aggravating circumstance (see Regalado, p. 637).
Same problem, but with intent to kill the occupant and was able to do so once inside:
Homicide with the aggravating circumstance of dwelling
o Because the purpose of the was the killing of the occupant
o Assuming that the qualifying circumstances under 248 is absent
Art. 282-283 Grave Threats and Light threats
If the act threatened is a crime, then the crime will always be grave threat; if the act threatened
is not a crime, then it will always be a light threat.
Problem: threat was that he was going to file an administrative complaint with the supreme
court so that he will not be able to take bar because he was immoral. Answer: no liability
because reporting someone for immorality is not a threat or coercion
No crime of attempted or frustrated unjust vexation.
There must be violence in light coercion (see Regalado, p. 643).
Relate to Art. 143 coercion here is punishable under Art. 143.
Preventing another from joining an association punishable under Art. 131
Art. 145 acts preventing members of congress from attending legislative meetings.
Note the difference between threats and grave coercion.
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Art. 286 Grave Coercion
Problem: A threatened a woman that he will kill her husband if she would not have sexual
intercourse with him, the next day, the woman agreed to the condition imposed by A to save
her husband, A had sexual intercourse with him.
o No rape, because the woman agreed to it, there was no actual intimidation before the
sexual intercourse
When A was going from his place of work, A boxed him several times saying did I not tell
you that you are not going to work? What is the liability of the offender?
o Liability is only physical injuries because for grave coercion/threat is must be before
the act ought to be prevented be done
o The act has been donemoot
Art. 287 Light Coercions

First paragraph covers light coercions: it must be applied to the debt of the debtor, otherwise
the crime will be robbery.
Second paragraph covers unjust vexation there is no frustrated or attempted stage, being a
light felony, not against crimes against persons or property, it is only punished when
consummated
Other crimes in which the act constituting coercion, is also a means to committing another
crime: These must be punished under the specific provisions covering those crimes. What are
these crimes?
o Art. 133: preventing the meeting of legislative bodies, the act of preventing is coercion
o Art. 141: Preventing a person from joining association, the act of preventing is
coercion
o Art. 145: violation of parliamentary immunity
A who is indebted to the sum of 50k but did not furnish it despite Bs repeated demands, B
stopped the jeepney of A saying that they had an agreement that the jeepney is a payment of
the debt. The driver believing B, alighted from the jeepney. What crime was committed by
B?
o The offender will be liable for other coercion/unjust vexation, because it was used in
applying it as payment of the debt, the misrepresentation is not the one under 315,
estafa or swindling because there is no intent to defraud.
Arts 288-289 Other Similar Coercions

Superseded by labor laws, but the acts enumerated therein may be proceeded under the
general application of the revised penal code.
Acts of violence are still covered by RPC.
TITLE X.
Crimes Against Property
Robbery vs. Theft

Robbery: taking of personal property belonging to another by means of violence or
intimidation against the person or force upon things.
2 modes of committing robbery: 1) By means of violence or intimidation of person; and 2) By
means of force upon things ! involves entry upon the building to take the personal property
inside.
Theft: The taking of personal property belonging to another but without violence or
intimidation or force upon things.
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If A would pick the wallet of B inside a crowded bus and succeeded in doing so, what is the
liability of B? Theft, because it was by means of strategy.
IF there was resistance, and as a consequence of the struggle, the woman fell down, it would
already constitute violence against her person and would already change the theft to robbery.
Robbery and theft could have similar if not identical elements
1. The taking must be with intent to gain
a. It is presumed from the unlawful taking of person property of another
b. The victim need not be the owner of the property
c. If A picked the wallet of B and after running away, inspected the wallet and
discovered that its empty , disappointed he threw away the wallet
i. What crime was committed?
ii. Theft. Note that mere intent to gain is sufficient, as mere temporary gain of
real right is sufficient in crimes against property
iii. The defense of ownership in good faith, destroys the intent to gain, because
one will not be possibly liable of robbery or theft of his own property
Can a house be subject of theft? Yes in the Philippine setting, since a house in the province
can be carried by a dozen persons, in that sense, the house is not considered as real property.
Force upon things
1. consummated when able to leave the building
2. frustrated not able to take the thing outside the building
3. attempted caught with the indications of unplugging the tv set, etc
Intimidation
1. consummated:
2. frustrated: A intimidated B, to get hold of As backpack, A, frightened, agreed and was
ready to part with his bag, when B was trying to get the backpack, one of the buttons
wont unlock and was stuck, then a policeman arrived.
3. Attempted
Violence
o Full possession of the property, robbery is deemed consummated
Force upon things there is a need to enter the building, his full body must be inside the
building
o breaking open a window, for the purpose of reaching the window for the purpose of
reaching a personal property: THEFT
o Attempted stage: when the item was not able to get the property outside of the
building
o Frustrated: when he was able to get the property and was apprehended inside,
o Consummated: arrested even if he was just able to take two steps out of the building
Robbery with homicide

If homicide is committed, in the course of or arising from robbery, it is robbery with homicide
Will it still be the same if homicide was not actually intended? i.e. it was consummated by
accident? still robbery with homicide.
What if robbery is already consummated, got full possession of the property when homicide
was committed, will it still be robbery with homicide?
o Yes, if the purpose of the robbery is
If parricide is committed after robbery, but the purpose of parricide is to do away as a witness,
still robbery with homicide
If robbery has already been consummated and the robbers were actually in tha ct of escaping,
when homicide was committed, it is still robbery with homicide
o The purpose is to make good the escape, and still within the term arising from
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Robbery with Rape

What would be the rule when rape is committed in the course of the robbery?
In one case, the court ruled that robbery with attempted rape does not fall under art 48 or art
249as they are distinct crimes
In robbery with rape, the offender before commiting rape must have the intention to take the
personal property belonging to another with intent to gain and the robbery is accompanied
with rape
Rape was also be consummated for the special complex crime under arts. 294 and 297 to apply
What if both homicide and rape will be committed in the course of the robbery?
o Where homicide is rape is committed on the occasion of or by reason of robbery: the
crime is robbery with homicide, with rape being appreciated by the court as an
aggravating circumstance only
What if there are multiple homicides or multiple rapes committed arising from the robbery?
o Where multiple homicides and or multiple rapes were committed by reason of or
arising on the course of robbery, they must not be appreciated as an aggravating
circumstance despite the anomalous circumstance where
! Because in relation made to art. 14, these additional rapes or homicides are
not described as an aggravating circumstance. It is an exclusive list of
aggravating circumstances. Unlike in art 13, where under paragraph 10, the
court is given the discretion to appreciate other circumstances that may be
similar or akin to the mitigating circumstances enumerated in article 13.
! Thus in People v. Sultan (apr 27, 2000) these additional OTHER rapes or
OTHER homicides can neither increase the penalty nor be prosecuted
separately. They are to be disregarded as if such crimes were never committed
and their victims never existed. (not fair, the court said that they cannot
legislate, but merely interpret the law)
Robbery with intimidation

Slight physical injuries are absorbed
Must be against the persons to whom they are directed
Attempted and frustrated robbery: in attempted or frustrated robbery with homicide, art 297 is
also a special complex crime with only 1 penalty whether it was in its attempted or frustrated
stage
When article 48 will be applied: when a single act producing 2 or more felonies, or when the
other felony is a necessary means of committing another
X removed the radio of A from the car of the latter and on the way A recognized X and asked
where he had gathered it and A looked out and opened when X got his fan knife and
threatened to kill A. What crimes were committed? Two crimes committed: 1) Theft; and 2)
Grave threats.
o Not robbery because the radio was taken from a car, and not from a building, and at
that point
When is use of force upon things and taking a personal property belonging to another with
intent to gain considered theft and not robbery? When the offender did not enter the building,
without his whole body inside OR when the offender did not break a door, wardrobe, chest,
or any furniture or receptacle inside the building OR did not take the furniture outside or
forced it open. Even if there is force upon things, but he did not enter the building, it is only
theft.
If X was outside a vacant house, removed by means of a hammer, removed the boulders, theft
was committed.
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If the lock or sealed receptacle or furniture was found outside the building and was broken
open and then and there the property inside was gotten theft
o But if it was taken from the building and was broken outside, it is robbery
The other means of entry like the entrance other than egress or ingress, fictitious names, false
keys, pretending to be a public officer may only constitute constructive force, not actual
physical force, but will be nonetheless considered as robbery with force upon things
Problem: X, forced himself inside a small watercraft along isla puting bato, and once inside, by
means of violence, and intimidation took personal property of A consisting of: wallets, laptop
and cellphone, thereafter immediately left, what crime or crimes were committed?
o You need to qualify! If the watercraft is used for transporting passengers, like all cargo,
then the act of X will constitute piracy which can now be committed in Philippine
waters.
o If the watercraft is exclusively used as dwelling, then it will be considered as robbery
since it will be considered as dwelling
Those considered as dwelling/inhabited house
o Small vessels that are exclusively used as dwelling
If the robbery in an uninhabited place was committed by a band, then it will be used as a
special aggravating circumstance
Why is it that the use of a fictitious name or pretending to exercise of a public authority
cannot be the means used as force upon things in robbery in an uninhabited place?
o Common sense. The place is uninhabited so it has no use
o Carrying a firearm at the time of the robbery is also a circumstance that will aggravate
the robbery in an inhabited place, how come the same cannot be appreciated in this
case?
Should actually be translated to uninhabited building.
Boats are not (people v. nazareno)
Art. 294 Robbery with violence against or intimidation of persons

Distinguish robbery from theft: in robbery the crime is committed by means of violence
against or intimidation of persons or by the use of force upon things; in theft, it is by means of
stealth or strategy.
Animus lucrandi (intent to gain) presumed from unlawful taking.
Claim of good faith (see Regalado, p. 649)
To constitute unlawful taking, it is sufficient that the object was taken and held by the
offender in a manner sufficient to enable him to dispose of it as he intended, even if his
possession thereof be merely temporary or even transitory (see Regaldo, p. 650).
Houses can be subject of robbery or theft test of personal property is its movability (if it can
be transferred from one place to another).
Robbery can be committed in two ways: violence against or intimidation of persons AND
with use of force upon things. However, if BOTH means were used, then the crime will be
punishable under the first mode since this is the graver offense (see Regalado, p. 654)
Note constructive force upon things (see Regalado, p. 653) see Art. 299
If it is the owner who forcibly takes the personalty from its lawful possessor, the crime is estafa
under Art. 316 (3) since the former cannot commit tobbery of his own property even if he
uses violence or intimidation (see Regalado, p. 655)
Note that when the subject of robbery is mail matter, penalty is one degree higher; if large
cattle (Art. 302), liable for anti!cattle rustling law (see Regalado, p. 655).
Art. 294 Penalties for robbery with violence against or intimidation of persons applies without
entering an inhabited house (Art. 299)
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Note the special complex crimes under Art. 294 robbery and homicide must be
consummated. Homicide is used in generic sense whether parricide, murder, or where several
persons are killed (see Regalado, p. 658)
Note case of people v. mangulabnan (see Regalado, p. 666)
If the killing of the person took place after the commission of the robbery, the intention of the
robber must be 1) to defend possession of stolen property; 2) to do away with witness; or 3)
to make good his escape. Notwithstanding the fact that robbery was already consummated, the
killing will qualify the crime to robbery with homicide.
In robbery with rape, rape must be consummated to be punishable under Arts. 294 or 297.
Art. 299 Robbery in an inhabited house or public building or edifice devoted to worship
When the window was already open, it cannot be considered as force upon things
Force upon things shall cover actual physical force and constructive force, as a means of
obtaining entry to fool the victim (par 4 of 299using a fictitious name)
Other means of entry like an opening not intended for entrance of egress could only
constitute constructive force
If A passing while walking, the wallet of is placed near the window, smashed the window. Not
robberyperson must enter the dwelling or building
If the robbery is committed by use of force upon theings which required that the enters the
buildingconsummated when the object has been taken out of the building
What if the 2 modes of committing robbery, are both present? In a situation where there was
initially force upon things, and then the robber employed intimidation against the occupant of
the person but was not able to get it out the building? The act is already consummated already
when the robbery was with intimidationwhen the robber has already possession already
consummated. The robber is liable for the intimidation
Read People v. Sultan, April 27, 2000 (p. 660 Regalado)

Read People v. Mangulabnan!!!! always a source of question. Fired his gun upward, not knowing
that there was a man upstairs.
Art. 308-310 Theft

In theft, taking is considered complete the moment the offender has full possession of the thing
even if he did not have the opportunity to dispose of the thing
People v. Valenzuela there is no frustrated theft.
The offender does not need to take away the thing.
Employee who misappropriates the thing he receives from employer is liable for theft, not for
estafa.
Note that in theft the offender, does not always take the thing from another. (against our
general impression through stealth or strategy) he may have received the thing voluntarily
from the owner thereof, but when he acquired only the physical or material possession of the
thing and misappropriates the thing, he is liable for theft and not for estafa.
Servant, domestic or employee, which misappropriates the thing he received from his master is
liable for theft and not estafa
If aside from physical possession, there is juridical possession and then misappropriates it after,
then it is estafa
Physical possession, juridical possession, transfer of ownership by means of the contract taken
out of the ambit of the RPC and it will only be a civil liability
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Art. 312 Usurpation
If committed by means of violence and intimidation of persons (include physical injuries;
which is separately punished by the RPC) would you hold the offender liable under 312 or
260?
in addition to
PD 772 has already been repealed: anti squatting decree
Note that penalty is in addition to acts of violence. Thus, it cannot be complexed.
Art. 315 Estafa or Swindling

Deceit and damage or intent to cause damage (capable of pecuniary estimation) essential.
Two kinds: 1) By abuse of confidence; 2) By means of deceit.
Estafa has features similar to theft.
In theft, there is taking. In estafa, there is receiving. But there is a flaw in this distinction. Even
if the personal property was received, but only the physical possession of the object is
transferred, the misappropriation will be a crime of theft.
If by means of abuse of confidence, juridical possession is transferred. In theft, there is only
physical possession.
If material & juridical possession, as well as ownership is transferred, breach of obligation gives
rise only to civil liability.
US v. Vera: in theft, there is taking; estafa, there is receivingnot absolutely correcteven if
the property was received by the offender but only the physical possession of the object was
transferred, his appropriation thereof would still be the crime of theft. There is need to qualify
this distinction.
o Prevailing doctrine: if in estafa with abuse of confidence, judicial possession of the object
is transferred to the accussed who shall convert the same to his own use or purpose, while
in theft, only physical possession is transferred. What then would constitute juridical
possession? When the transfer of the property is made by virtue of an obligation created
by a valid contract or by law which grants the transferee a right to possession which can
be set up as against the transferor, then this set up is a juridical possession. If material
possession is transferred juridical possession and ownership is also transferred. The default
of the offender may consist of an obligation to do so or will one which arises from a
contract will only give rise to a civil liability, there will be no criminal liability
Par. A ALTERING SUBSTANCES: A is supposed to deliver high!grade meth to B; but
instead he delivered a low!grade meth. People v. Manansala: This paragraph applies even if
the ting to be delivered is illegal such as opium or criminal, such as obscene literature or items.
Will the offended party be sane enough to file a case of estafa because the quality of the meth
of which the other party promised to deliver is not in accordance with the agreement? I
doubt it.
In paragraph B, there must be a formal demand to comply with his obligation before he can be
charged with estafa. But such rule accepts of 2 exceptions as provided in People v. Pandag and
People v. Villegas: 1) offenders obligation to comply is subject to a period; 2) offender cannot
be located despite due diligence in search.
What is the nature of the money paid by the parents of the students to a school requiring them
to deposit of a sum of money to answer for the damages of material, and at the end of the
course, the student did not cause any damage or consume any material. The transaction is not
a contract of deposit. Notwithstanding that the parents are required to make and deposit. Here,
the school acquired to ownership subject to reimbursementcivil liability only.
Sale of jewelry by an agent on commission basis: If the agent disappear, after selling the jewelry
o If sold on credit, while the orig agreement is on cash basis: liability of the agent
estafa.
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o If sold at prices much lower than agreed upon by the owner: no estafa. But if the
agent misappropriated the reduced sale price, it is estafa.
o Agent was asked to sell a diamond ring, with a commission to be deducted to the sale,
but instead, agent pledged the ring, and failed to account for the thingestafa
o When the owner gave the diamond ring to a friend with instruction that the same be
pledged, but the agent instead, sold them. The crime is only theft.
! What kind of possession of the agent? Material possession. And not juridical
possession
o The owner asked the agent to sell a diamond ring. The agent after receiving the
jewelry engaged the services of another agent to dispose of the jewelry without the
knowledge and consent of the principal. But the proceeds was never recovered.
Liability of the agent is estafa. If the arrangement was with the principals knowledge,
the agent incurs no criminal liability, absent any condition with the sub agent
What is the rule on the sale of appliance on trial basis for a fixed period and the buyer did not
give his objection, and at the end of the trial period he disposes the same
o Ownership of property goes to him
o Not liable under par 1bexercised ownership
o But if the transfer specificially says that there is a reservation of property/title, the
ownership of the appliance remains with the seller, and its disposition will make the
buyer liable for estafa.
o Put more time to estafa, false (par 2d
If offender does not deny receipt of goods with obligation to surrender, but denies the things
value or quality, he will only be liable for civil liability.
Accused may be convicted for both illegal recruitment and estafa. Estafa is mala in se; illegal
recruitment is malum prohibitum.
Par. 2(D) of Art. 315, estafa thru bouncing checks. False dating a check or issuing a check
without funds in the bank or insufficient amount. This crime should be distinguished from
violation of BP 22.
Deceit & damage in estafa are not required in BP 22. BP 22 is a crime against public interest,
while estafa is a crime against property.
In BP 22, the drawer is liable even if the check is issued in payment of a preexisting obligation.
But in estafa, such act will absolve the drawer from liability under par. 2 (D) of Art. 315.
Note that the issuance of the check should be prior to or simultaneous with the transaction.
Otherwise, if it was issued in payment of preexisting obligation, there is no estafa. But the
offender could be held liable for violation of BP 22.
What is the liability of the drawer or maker with instruction that this is only for security
purposes and that the check should not be deposited?
o the check is a guarantee or security check or memorandum check
o No criminal liability.
o Liability under BP 22: liable. even if he indicated that the check is only a guarantee
! Special law where malice or criminal intent is not a principal consideration
In Recuerdo v. People, 2006, the reimbursement and restitution by offender does not
extinguish criminal liability for estafa.
Par. 3 (c), if committed by public officers, could be punished under infidelity of custody of
documents.
Art. 318 Other Forms of Deceit (catch-all provision)

If there is fraud, it is designed by a person not particularly punished or covered by 315 or estafa
or swindling, you apply article 318a catch!all provision.
Note that Art. 318, must be committed for profit or gain.
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X approached A saying I can tell your future, and describe your future husband, A being a
woman in the 50s, was excited. What crime did X commit? No liability, because X did not
charge anything.
Note par. 2 (A) of Art. 315.
Art. 320 Arson

If the main objective is the burning of the building but results to homicide, the homicide is
absorbed. If main objective is to kill, fire used as a means would qualify the crime to murder
(only). If the objective is to kill a particular person and in fact had killed him, but fire was
resorted to in order to cover up the killing there are 2 separate crimes of homicide/murder
and arson.
Arson is a predicate crime that could be availed of in order to accomplish acts of terrorism. If
used to create panic and widespread chaos, in order to coerce the government to give in to
unreasonable demand terrorism.
If terrorism is dismissed, the state cannot later on file a case of arson even if the evidence
establishing arson is strong. It is specifically barred by HSA of 2007 and violative of right
against double jeopardy. But if in the same case the state failed to establish terrorism, but found
offender guilty of arson, then offender is liable (must be both charged against the accused).
PD 1613 mar 7, 1979
Three kinds of arson under the revised penal code

1. destructive
2. qualified
3. simple
Current rule: A burned the house, B was inside and died. What is the liability of A?
1. If by reason or on occasion of arson, there result the death or the homicide is absorbed,
together the liability is only arson
a. Court reiterated this principle in people v. manluca sept 2006 and laid down its
guidelines
i. If the object is to burn the building, but death results on the occasion or
reason crime is only arson
ii. If the main objective is to kill a particular person and he resulted to arson
or fire as a means of accomplishing the desired death of the victim only
murder. Go back to article 248it is a qualifying circumstance, that the
fire is used to kill another
iii. If the objective is to kill a particular person, and in fact, the offender had
killed the victim, and fire is resulted to as a means to cover the killing,
there are 2 separate crimes committedmurder and arson.
1. Murder: the real objective is to kill and has accomplished such
2. Resulted to arson to hide or covered the murder he has earlier
committed
iv. If homicide, murder, arson is committed for the purpose of obtaining
widespread panic for the purpose of giving in to an unlawful demand etc.
(human securities act)
1. Arson murder homicide are considered only as predicate crimes
2. If the state cannot establish by evidence terrorism, may the state
file a case for murder or arson against the offenders?
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a. NO! look at article 49 of the human security act, there it
is very specific, that it will bar the subsequent prosecution
of the offender for the predicate crime used as basis for
filing the crime of terrorism.
b. But if it is the same proceeding:
i. ROC allows that he can be convicted of a crime
which is necessarily included in the crime for
which he is being tried for
Art. 327 Malicious mischief

Cannot be committed by reckless or imprudence. Malice is an element.
There is simple malicious mischief and qualified malicious mischief.
Take note that the offender in addition shall be liable for the other consequences of his
criminal act.
What will be the liability of the offender by maliciously damaging the property of another and
shall later secure the same? Theft under Art. 308, par. 2.
Note: Persons exempt from criminal liability by relationship (absolutory cause) ! Theft, swindling,
estafa, and malicious mischief.
TITLE XI.
Crimes Against Chastity
Note:
These are private crimes. Cannot be initiated against de officio. Adultery, concubinage, acts of
lasciviousness, etc.
There are 2 crimes which can be prosecuted de officio violations of Arts. 340!341,
corruption of minors and white slave trade.
In libel, last par. of 360 cannot be prosecuted de officio (crime against honor).
Arts 337-338 Simple and Qualified Seduction

Essence of crime is abuse of authority, confidence, or relationship.
Art. 339 Acts of Lasciviousness with Consent

With lewd design and always consummated.
Only a man can be the offender.
Under RA 7610, an offender who shall commit lascivious conduct against a child, the offender
shall be punished by reclusion temporal if the child is under 5 years (?) old.
Art. 340 Corruption of Minors vs. White Slave Trade

In corruption of minors, it is essential that minors are the victims; in white slave trade,
minority is irrelevant;
In corruption of minors, either sex could be the victim; in white slave trade, only females.
White slave trade is for profit.
Corruption of minors can be committed by a single act; white slave trade is committed
habitually.
Note that white slave trade may be with or without the consent of the woman; in slavery, the
offense is committed against their will.
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Arts. 342-343 Forcible and Consented abduction
Victim may be a married woman; civil status is immaterial.
There must be lewd design.
Complex crime of forcible abduction with rape victim is under 12, with consent, and there
was sexual intercourse.
Art. 344 Prosecution of Adultery, etc.

Crime of rape is no longer covered.
Concubinage and adultery can be prosecuted by the offended spouse.
Seduction, abduction, acts of lasciviousness can be prosecuted exclusively and successively by
the following persons: 1) offended party (even if minor); 2) parents, grandparents, or guardians
(in successive order); 3) State (parens patriae)
Only offended spouse can extend pardon or consent (adultery or concubinage); Pardon in
seduction, abduction, and acts of lasciviousness must be express; in concubinage or adultery,
pardon can be express or implied and will bar prosecution.
Subsequent marriage between offended party and accused will extinguish criminal liability
together with co!principals, accomplices, and accessories; except in adultery or concubinage
or where the marriage was invalid (People v. Santiago).
See People v. Bernardo
Study liability of other accused in the rape committed by the one who marries the victim.
TITLE XII.
Crimes Against the Civil Status of Persons
Art. 347
In Art. 347, the offender is any person; in Art 276, the offender has custody of the child;
In 347, the purpose is for the child to lose civil status, while that in 276, to avoid the
obligation of rearing and caring for the child.
Note that for simulation of births and substitution of children, legitimacy of child is
immaterial; but for concealment and abandonment, the child must be legitimate.
US v. Castillo, the court ruled that the sale of the child by its father was not punishable or
covered by the RPC but this is now punishable under PD 603. If it would constitute child
trafficking, it would also be punishable under sec. 7 of RA 7610 Anti child abuse Act.
Art. 348 Usurpation of Civil Status

Purpose is to defraud the offended party
Where the intent is merely to enjoy or use the usurped civil rights by using anothers license
or getting a cedula in anothers name or to avoid military service or to secure a passport
violation of Art. 178 using fictitious name or estafa if intended to defraud a third person (Art.
315) or it may even constitute perjury or falsification.
Art. 349 Bigamy

Contracting a subsequent marriage before dissolution of former marriage or declaration of
absent spouse as dead.
There are three types (Regalado, 784)
In bigamy, first marriage must be valid and subsisting.
There must be a declaration that the first marriage is void before the person can marry again
(applies both to void and voidable marriages)
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Art. 351 Premature Marriages
To avoid cases of doubtful paternity
Does not apply if woman was not pregnant by first spouse.
Husband has no liability under this provision.
TITLE XIII.
Crimes Against Honor
Art. 353 Libel

It doesn't matter whether facts are true if there is malice, then offender is liable as long as
statement is defamatory (malice is presumed).
Where defamation is directed to or in connection with private life of the victim, there is
malice in law. But where it is in connection with his public life or conduct as a public officer,
malice in law does not arise since the public has the right to comment thereon.
Art. 354 Requirement of publicity

Doctrine of privileged communication (three kinds)
Art. 356 Threatening to Publish

Special form of threat but not grave threat; always consummated as a mere threat to publish or
offer to
Prescriptive period: 1 year from discovery of libel
Art. 359 Slander by Deed

Simple or grave
Intent is to humiliate the offended party
If such intent cannot be prove, the offense can still be maltreatment by deed in art. 266.
Holding a school teacher by her neck while shes conducting classes direct assault (not
maltreatment since teacher is person in authority in actual performance of duties)
Publisher, columnist, or reporter cannot be forced to reveal the source of information given in
confidence (RA xxx7), except when demanded by state security.
Arts 360-364
No crime of malicious prosecution in RPC since this is a civil law concept (Art. 2208, NCC)
TITLE XIV.
Quasi-Offenses
Art. 365 Imprudence and negligence

Imprudence: deficiency of action; negligence: deficiency of perception (just note the difference
between the two)
There are specific crimes constituting criminal negligence or culpa, for which reason we don't
apply art. 365, they are the following: 1) malversation thru negligence covered by Art. 217; 2)
evasion thru negligence; 3) Failure to render accounts (Art. 218).
In these crimes, you don't apply art. 365 rules.
Where several crimes result in criminal negligence, art. 48 on complex crimes may apply
Rules for graduating penalties based on mitigating or aggravating circumstances are not
applicable to offenses committed thru criminal negligence.
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Contributory negligence is not applicable in cases under this provision on its criminal aspect; it
is only mitigating for civil liability of offender.
Conviction under Art. 365 does not absorb crimes under special penal laws (mala prohibita);
see Aguilar v. People involving reckless imprudence resulting to homicide, damage to
properties, and slight physical injuries light felony cannot be complexed under art. 48; there
is separate charge for reckless imprudence resulting in homicide and reckless imprudence
resulting in slight physical injuries, but court said there is only one violation of art. 365 (study
this case).
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PART III.
SPECIAL NOTES
(From Reyes Book)
SPECIAL COMPLEX CRIMES
Qualified Piracy/ Qualified mutiny

Robbery with:
o SPI: victim of SPI should not be the robber; otherwise, they are separate crimes. Note: under the
4th act, violence need not result in SPI; only that the violence be unnecessary for the commission
of the crime.
o Homicide: intent to take personal property must precede the killing. Otherwise, two separate
crimes of homicide/murder/parricide and theft are committed. The law does not require that the
victim of robbery is also the victim of homicide.
o Rape: intent to gain must also precede rape. This does not cover robbery with attempted rape.
o Intentional Mutilation: Castration or mayhem
o Arson: robbery should precede arson. And no rape, homicide, SPI, or intentional mutilation
should be committed or else, arson will only be considered as an aggravating circumstance.
Attempted and Frustrated Robbery Committed under Certain Circumstances
Rape with homicide (also, Attempted rape with homicide): homicide must be by reason of or on
occasion of rape.
Rape with serious illegal detention or Kidnapping with rape if there is an attempted rape,
it shall be considered as a separate crime. Regardless of the number of rapes, there is only one crime.
Kidnapping with murder or homicide (take note of specific intent)
o Regardless of the number of victims killed, there is one crime only of special complex crime of
kidnapping with homicide or murder, as the case may be. However, if the person killed is not the
kidnap victim, it shall be treated as a separate crime of homicide or murder whichever is the case.
COMPLEX CRIMES (COVERED BY ART. 48)
Direct assault with:

o Homicide
o Murder
o SPI or LSPI
o Tumults and other disturbances
Estafa thru falsification of a public document.
Malversation thru falsification
Discharge of firearm with SPI or LSPI
Grave threats with intentional abortion
Homicide with unintentional abortion
Parricide with abortion (intentional/unintentional)
Forcible abduction with rape If there are multiple rapes, only one is complexed with forcible
abduction, and the rest shall be considered separate crimes.
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CATCH-ALL CRIMES
Unjust vexation no violence. The offenders act must have caused annoyance, irritation,
vexation, torment, distress, or disturbance to the mind of the person to whom it is directed.
Malicious mischief
That the offender deliberately caused damage to the property of another.
That such act does not constitute arson or other crimes involving destruction.
That the act of damaging anothers property be committed merely for the sake of damaging it.
Other mischiefs (Art.329)
Mischiefs not included in the next preceding article (Art.328 special cases of malicious mischief) and
are punished according to the value of the damage caused. If damage cannot be assessed, fixed
penalty, i.e., scattering human excrement in public building is other mischief value of damage
cannot be estimated.
Coercion
Other deceits (Art. 318)
By defrauding another by any other deceit not mentioned in the preceding articles.
By interpreting dreams, by making forecasts telling fortunes, by taking advantage of the credulity of
the public in any other manner, for profit or gain.
Intriguing against honor (Art. 364)
CRIMES WHERE DAMAGE IS NECESSARY
Falsification of private document by any person. (need not be material)

Betrayal of trust by an attorney or solicitor
Using fictitious name (caused to public interest)
Removal, concealment, or destruction of documents (caused to a third person or to public interest)
Revelation of secrets by an officer (caused to public interest) higher penalty if serious damage is
caused.
Refusal of assistance, Art. 233 (caused to a third person or to public interest)
Revelation of industrial secrets
Fraudulent insolvency (prejudice to his creditors)
Estafa (including other forms)
Imprudence and Negligence injury to person or damage to property (Art. 365)
OTHER NOTES
Crimes committed by public officers

No frustrated or attempted indirect bribery.
No frustrated stage of corruption of public officials.
Plunder amassing, accumulating, or acquiring ill!gotten wealth totaling at least P50M.
When there is deceit in demanding a greater fee than those prescribed by law, the crime is estafa
and not illegal exaction.
In malversation, when funds misappropriated were received not in official capacity, crime is estafa.
The crime of Prohibited Transactions (Art.215) is committed by an appointive public officer.
In removal, concealment, or destruction of documents (Art.226), if the offender is a private
individual and there is damage caused, estafa is committed. If there is no damage, the crime is
malicious mischief.
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In maltreatment of prisoners, the public officer or employee must have actual charge of the prisoner.
There is no complex crime of maltreatment of prisoners with SPI or LSPI, as defined in Art. 48.
In abandonment of office, there must be a written or formal resignation.
In abuses against chastity penalties, the mother of the person in the custody of the offender is
NOT included.
Crimes against persons

In parricide, knowledge of relationship is not necessary, crime is always parricide if both offender!
offended are related.
In parricide:
o In case of Muslim marriages Article 27 of P.D. 1083, The Muslim Code of Personal Laws, a
Muslim could validly contract marriage with four wives, but the killing of the 2nd, 3rd or 4th
wife will not constitute parricide because a Muslim would be punished and penalized more
than a non!muslim by reason of a marriage which the law allows him to contract.
o Killing of siblings (brother/sister) and other collateral relatives is not parricide.
o If the accused is not aware that the victim is his relative, he will still be charged for parricide
but Article 49 will be applied to determine his penalty. (Penalty for whichever is a lesser
offense bet. what he committed and what he intended in its maximum period)
There is no such crime as frustrated homicide thru imprudence.
Under art. 250, penalty for frustrated/attempted parricide, homicide, or murder can be further
lowered by one degree more than what is proper. (Not mandatory)
In death caused in a tumultuous affray, victim can be a non!participant. In Physical injuries
inflicted in a tumultuous affray, victim must be a participant.
A person who attempts to commit suicide is not criminally liable even if an innocent third person
or property is hurt or damaged.
In discharge of firearms, offender has no intention to kill. Otherwise it is either attempted or
frustrated homicide, murder, or parricide whichever is the case. If the firearm was not aimed against
or at another person, the crime committed is alarms and scandals. There is no offense for illegal
discharge of firearms thru imprudence.
No crime of frustrated unintentional abortion.
Unintentional abortion is committed only by means of violence. Thus, if there is no intention to
cause abortion and no violence, there is no abortion of any kind.
Mutilation is always intentional. Cruelty is also inherent in this crime.
The crime of Physical Injuries (serious, less serious, or slight) is a formal crime; no frustrated or
attempted stages.
SPI may be committed by reckless imprudence or by simple imprudence under Art. 365 in relation
to Art. 263.
Attempted homicide may be committed even if there are no physical injuries inflicted.
Intent to insult or humiliate the injured person is considered an aggravating circumstance of
ignominy in case of SPI or a qualifying circumstance increasing the penalty in case of LSPI; it is a
separate crime of slander by deed in cases of slight physical injuries.
In rape under par.1, offender is always a man and the offended party is always a woman.
Circumstance 4 (under 12 or demented) in rape, does not only pertain to chronological age but also
to mental age. (thus, it is still rape if the woman is 13 with a mental capacity of 5). Also, the
offender must not have known that the victim is demented, otherwise, qualified rape is committed.
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No crime of Frustrated Rape.
In statutory rape, the offenders knowledge of the victims age is IMMATERIAL.
A rape victim cannot invoke self!defense when he/she kills the rapist unless there is threat to
his/her life
There is no crime of rape if liquor or drug is used to induce the victims consent so as to incite her
passion and it did not deprive her of her will power.
Since rape is now a crime against persons, marriage extinguishes that penal action as to the principal,
i.e. the husband, but not as to the accomplices and accessories.
Crimes against liberty and security

In kidnapping and serious illegal detention, it is not necessary that the victim is placed in an
enclosure. Note, ...or in any other manner deprive him of his liberty. Moreover, detention for
more than 3 days is not necessary when any of the other circumstances is present.
In exploitation of minors, employing any descendant (act 2) must be under 12 years. (not under 16)
In qualified trespass to dwelling, prohibition from entering is not necessary when there is force or
intimidation.
Unlike in qualified trespass to dwelling, where the offender is a private person (in contrast with
violation of domicile where it is a public person), in other forms of trespass, the offender is any
person.
Bond for good behavior (Art. 284) is an additional penalty for grave threats and light threats.
(Destierro)
Coercion is always consummated even if the offended party did not accede to the purpose of the
coercion.
Crimes against property

In robbery, if personal property is taken with intent to gain, but it turns out that the property
belongs to the offender, an impossible crime is committed. However, if there was no intent to gain,
the crime may be estafa or coercion (based on juridical possession). The crime will still be estafa
even if the owner takes personal property from the lawful possessor under the modes of taking in
theft or robbery which latter crimes cannot be committed by the owner on his property (note, in
theft/robbery, property belongs to another person).
In robbery, the violence or intimidation must be present BEFORE the taking except when it
results in rape, homicide, intentional mutilation, or SPI, in which case it will be treated as a special
complex crime even if the violence resulted after the taking.
To determine the number of robberies committed, check if all the elements of robbery based on
the provisions of the different means of committing the crime are present. If in each case, the
elements of a certain kind of robbery are present, then it constitutes one count of robbery already.
There is no crime of Robbery with Multiple Homicide or Robbery with Multiple Counts of Rape
(one special complex crime). Neither shall the additional rape/s or homicide/s be considered
aggravating (there is no law providing for it).
To be considered as robbery with serious physical injuries, the injuries inflicted must be serious;
otherwise, they shall be absorbed in the robbery. However, if the less serious or slight injuries were
inflicted after the commission of the robbery, they shall be considered as separate offenses.
There is no such crime as robbery with homicide in band. (band is aggravating only)
The basis of penalty in theft is a) the value of the thing stolen; b) the value and the nature of the
property taken; or c) the circumstances or causes that impelled the culprit to commit the crime.
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The penalty for qualified theft is two degrees higher than that for simple theft. There is no crime of
frustrated theft.
It is estafa even if the obligation be based on an immoral or illegal obligation.
Estafa and malversation are continuing offenses. There is no estafa thru negligence.
In estafa by means of deceit, it is indispensable that the element of deceit, consisting in the false
statement or fraudulent representation of the accused be made prior to, or at least simultaneously
with, the delivery of the thing by the complainant, it being essential that such false statement or
fraudulent representation constitutes the very cause or the only motive which induces the
complainant to part with the thing.
The fine under BP 22 is based on the amount of the check and is without regard to the damage
caused.
In other forms of swindling, where the offender pretends to be the owner of real property, the real
property must actually exist. If not, it is estafa by means of false pretenses (pretending to possess
property).
There is no complex crime of arson with homicide. The homicide is absorbed.
The crime of malicious mischief cannot be committed thru reckless imprudence or thru violence in
the course of a fight.
The exemption under Art. 332 does not include exemption from criminal liability in cases of
complex crimes.
Crimes against chastity

There is no crime of frustrated adultery.
In acts of lasciviousness, in the absence of any of the circumstances in rape, the crime committed is
unjust vexation.
There can be no attempted or frustrated acts of lasciviousness.
In qualified seduction, consent of the girl is immaterial. In incest as well as in simple seduction,
virginity of the sister or descendant or the offended party is not necessary.
Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction.
Attempted rape is absorbed by forcible abduction as the former constitutes the element of lewd
design.
If the girl is under 12 the crime is always forcible abduction even if she voluntarily goes with her
abductor.
Unlike in other crimes against chastity, in rape, marriage extinguishes only the criminal liability of
the principal.
Crimes against honor

When the communication is privileged, malice is not presumed from the defamatory words.
Gossiping is considered as oral defamation if a defamatory fact is imputed or intriguing against
honor if there is no imputation.
Self!defense in slander may only be invoked if his reply is made in good faith without malice, is
not necessarily defamatory to his assailant, and is necessary for his explanation or defense.
In slander by deed, if there is no intent to dishonor the offended party, the crime is maltreatment by
deed under Art.266.
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Quasi-offenses
Art. 64 relative to mitigating and aggravating circumstances is not applicable to crimes committed
through negligence.
PART IV.
SPECIAL PENAL LAWS
1. PD 532 ! Anti!Piracy and Anti!Highway Robbery Law of 1974

# Compare with Arts. 122 & 123 of RPC
2. RA 6235 Anti!Hijacking Law
3. RA 9372 Human Security Act of 2007
4. RA 9745 ! Anti!Torture Act of 2009
# Compare with Art. 235 of RPC
5. RA 9194 ! Anti!Money Laundering Act Of 2001
6. RA 9165 ! Comprehensive Dangerous Drugs Act of 2002 & IRR
7. RA 10158 An Act Decriminalizing Vagrancy
# Compare with Art. 202 of RPC
8. RA 3019 ! Anti!Graft And Corrupt Practices Act
# Compare with Title 7 of RPC (Crimes committed by public officers)
9. RA 7080 An Act Defining And Penalizing The Crime Of Plunder
10. RA 9775 ! Anti!Child Pornography Act of 2009
11. RA 8049 ! An Act Regulating Hazing And Other Forms Of Initiation Rites In
Fraternities, Sororities, And Other Organizations And Providing Penalties Therefor
12. RA 7610 ! Special Protection of Children Against Abuse, Exploitation and
Discrimination Act
13. RA 4200 Anti!Wiretapping Act
14. RA 9208 ! Anti!Trafficking in Persons Act of 2003
15. PD 1612 ! Anti!Fencing Law Of 1979
# Compare with title 10 of RPC (Crimes against property)
16. Admin Circular 08!2008 ! Guidelines In The Observance Of A Rule Of Preference In
The Imposition Of Penalties In Libel Cases
17. BP 22 Bouncing Checks Law
# Compare with Title 10 Chapter 6 (Swindling and other deceits)
Notes:
1. R.A. No. 9262 Anti-Violence Against Women and Their Children Act.
SECTION 26. Battered Woman Syndrome as a Defense. Victim!survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self!defense under
the Revised Penal Code.
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In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/
psychologists.
Hence, under Philippine laws, even if the elements of self!defense are not present, a woman suffering
from BWS shall not be criminally and civilly liable.
In People vs. Genosa, G.R. No. 135981, January 15, 2004, the Philippine Supreme Court, for the first
time, elucidated on the concept of the BWS. In this case, a woman shot her husband because her
husband was beating her. She was not only defending herself, but also her fetus, since she was 8 months
pregnant. In this case, the woman was raising the defense of BWS. Thus, the Supreme Court defined a
battered woman as a woman who is repeatedly subjected to any forceful physical or psychological
behavior by a man in order to coerce her to do something he wants her to do without concern for her
rights.
In order to be classified as a battered woman, the couple must go through the battering cycle at least
twice. The usual traits of a battered woman are low self!esteem, traditional beliefs about the home, the
family and the female sex role; emotional dependence upon the dominant male; the tendency to accept
responsibility for the batterers actions; and false hopes that the relationship will improve. Specifically,
the battered woman syndrome is characterized by the cycle of violence, which has three phases: (1) the
tension!building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least,
nonviolent) phase.
2. R.A. No. 8353, The Anti-Rape Law of 1997.
SECTION 2. Rape as a Crime Against Persons. ! The crime of rape shall hereafter be classified as a
Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the
Revised Penal Code.
3. Implementing Rules and Regulations of R.A. 10591, Comprehensive Firearms and

Ammunition Regulation Act.
SECTION 29. Use of Loose Firearm in the Commission of a Crime
29.1 The use of a loose firearm, when inherent in the commission of a crime punishable under the
Revised Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided,
That if the crime committed with the use of a loose firearm is penalized by the law with a maximum
penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the
penalty for the crime charged: Provided further, that if the crime committed with the use of loose
firearm is penalized by the law with a maximum penalty of prision mayor in its minimum period
punishable under the Revised Penal Code or other special laws of which he/she is found guilty.
29.2 If the violation of the law is in furtherance of, or incident to, or in connection with the crime of
rebellion or insurrection, or attempted coup dtat, such violation shall be absorbed as an element of the
crime of rebellion or insurrection, or attempted coup d etat.
29.3 If the crime is committed by the person without using the loose firearm; the violation of the law
shall be considered as a distinct and separate offense.
4. R.A. NO. 9344, Juvenile Justice and Welfare Act of 2006.

SECTION 4 (r). "Status Offenses" refers to offenses which discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts. These shall include curfew violations;
truancy, parental disobedience and the like.
5. P.D. No. 1829, Obstruction of Justice in relation to Accessories under Art. 19, RPC.
Note that a person is held liable as a principal under PD 1829.
6. R.A. No. 4103, Indeterminate Sentence Law.
7. P.D. No. 968, Probation Law of 1967.
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CRIMINAL LAW REVIEW
JUSTICE DENNIS VILLA-IGNACIO (PLUS SPECIAL NOTES, ETC.) %%!
PART V.
LATIN MAXIMS
Actus me invito factus non est meus actus

An act done by me against my will is not my act (U.S. v. Ah Chong, 15 Phil. 499).
Actus non facit reum, nisi mens sit rea
A crime is not committed if the mind of the person performing the act complained of be innocent.
Where the facts proven are accompanied by other facts which show that the act complained of was not
unlawful, the presumption of criminal intent does not arise (U.S. v. Catolico, 18 Phil. 504, 508).
El que es causa de la causa es causa del mal causado
He who is the cause of the cause is the cause of the evil caused (People v. Ural, 56 SCRA 138, 144).
This is the rationale of the rule in Art. 4, 1 it is an established rule that a person is criminally
responsible for acts committed by him in violation of the law and for all the natural and logical
consequences resulting therefrom (U.S. v. Sornito, 4 Phil. 357, 360).
Ignorantia facti excusat (mistake of fact)
While ignorance of the law excuses no one from compliance therewith (ignorantia legis non excusat),
ignorance or mistake of fact relieves the accused from criminal liability. Mistake of fact is a
misapprehension of fact on the part of the person who caused injury to another. He is not, however,
criminally liable, because he did not act with criminal intent. In mistake of fact, the act done by the
accused would have constituted: 1) a justifying circumstance under Art. 11, 2; 2) an absolutory cause,
such as that contemplated in Art. 247, 2; or 3) an involuntary act.
Ignorantia legis non excusat
Ignorance of the law excuses no one from compliance therewith (Art. 3, NCC).
Aberratio ictus (mistake in blow)
Where the accused, having discharged his firearm at Juana Buralo but because of lack of precision, hit
and seriously wounded Perfecta Buralo, it was held that the accused was liable for the injury caused to
the latter (People v. Mabugat, 51 Phil. 967). This does not affect criminal liability.
Error in personae (mistake in identity)
In a case, defendant went out of the house with the intention of assaulting Dunca, but in the darkness of
the evening, defendant mistook Mapudul for Dunca and inflicted upon him a mortal wound with a
bolo. In this case, the defendant is criminally liable for the death of Mapudul (People v. Gona, 54 Phil.
605). This does not affect criminal liability.
Praeter intentionem (the injurious result is greater than that intended)
Where the accused, without intent to kill, struck the victim with his fist on the back part of the head
from behind, causing the victim to fall down on his head hitting the asphalt pavement and resulting in
the fracture of his head, it was held that the accused was liable for the death of the victim, although he
had no intent to kill said victim (See People v. Cagoco, 58 Phil. 524). (Note: This is a mitigating
circumstance under Art. 13, 3, RPC).
Nullum crimen, nulla poena sine lege
There is no crime if there is no law that punishes the act. This is the legal maxim on which Art. 5, 1 is
based. (Relate also with felony by omission no criminal liability unless there is a law punishing it).
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CRIMINAL LAW REVIEW

JUSTICE DENNIS VILLA-IGNACIO (PLUS SPECIAL NOTES, ETC.) !!

I. CRIMINAL LAW IN GENERAL

Q: State the rule on the construction and interpretation of penal laws.

Q: What is the exception to the prospective application of criminal laws?

II. FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Q: If A fails to report a crime to a public officer, is he liable for misprision of a felony?

Q: What other omissions are punishable under the RPC?

Q: Give an example of a crime where the element of intelligence is absent.

Q: Why does the RPC punish culpa?

Q: Give an example of the RPC punishing culpa.

Q: Explain the amendment to Art. 12, 2 and 3.

Q: Is lack of motive a valid ground for acquitting the accused?

Q: Distinguish motive from intent.

Q: When is motive significant?

Q: What are the two ways of committing a crime?

Q: What is the nature of crimes punished by special penal laws?

Q: Distinguish intentional felonies from culpable felonies.

Q: Distinguish mala in se from mala prohibita.

Q: What crimes under RPC may be considered mala prohibita?

Q: What special laws require criminal intent as an element for prosecution?

Q: What is Art 48? Explain.

Q: What is error in personae? aberratio ictus? praeter intentionem?

Q: What is the essence of Art. 5, RPC? explain.

Q: What is an impossible crime?

Q: Can rape be classified as an impossible crime?

Q: Why is Rape under Art. 266-A and not Art. 267?

Q: Give an example of a legal impossibility?

Q: Is there marital rape in the RPC?

Q: What is the latin maxim applicable in relation to Art. 5?

Q: Can Art. 5, par. 2 be applicable to special penal laws?

Q: What is the significance of determining the stage of execution of the crime?

Q: Give examples of formal crimes.

Q: What are formal crimes?

Q: Give examples of light felonies punished by the RPC.

Q: What is conspiracy? and what is proposal?

Q: What is the concept that is applicable when it comes to conspiracy?

Q: What are two modes by which conspiracy is punished?

Q: When is there expressed and when is there implied conspiracy?

Q: What is the general rule with regard to conspiracy?

Q: What are status offenses?

B. Justifying Circumstances and Circumstances which Exempt from Criminal Liability

Q: What is the ruling in People v. Apolinar with regard to defense of property?

Q: Battered Woman Syndrome - What is the classification? Justifying? Exempting? Or mitigating

C. Circumstances which Mitigate Criminal Liability

Q: May confession be made before a police officer in an investigation?

Q: What is the difference between an information and a complaint?

D. Circumstances which Aggravate Criminal Liability

Q: Must the assailant enter the dwelling to be considered an aggravating circumstance?

Q: Does absolute pardon eliminate the effects of recidivism?

Q: A commits robbery with homicide. Later, he commits homicide. Is he a recidivist?

Q: Can the wearing of helmets by motorists be considered a disguise as an aggravating

Q: Why is treachery inherent in murder committed by poisoning?

Q: Can treachery be appreciated against the mastermind?

Q: In robbery with force upon things, is dwelling an aggravating circumstance?

Q: Is unlawful entry aggravating in robbery with homicide?

Q: Distinguish between a guest and a visitor in appreciating the dwelling as an aggravating

Q: What if he witnessed the means adopted?

Art. 125 Arbitrary Detention

Art. 127 Expulsion

Art. 128 Violation of Domicile

Art. 129 Search Warrants Maliciously Obtained

Art. 131 Prohibition, Interruption, and Dissolution of Peaceful Meetings

Art. 132 Interruption of religious worship