Art.

267
Lecture April 14, 2018 (2nd semester):

Review art. 93 romualdez vs. marcelo. You cannot complex a crime with a
slight physical injury….. problem in mid terms. Gun shot murder and slight
physical injury.
Art. 263-266 people vs. buyco 80 phil. Reports 58 distinguished from
people vs. barde

People vs. villacorte… if there is conspiracy, and question pertains to

liability of the mastermind, he is criminally liable.
Evasion of service of sentence is a continuing crime so he can be
prosecuted in any of both (where convicted and where arrested) as in the
case of conviction of diestierro when he entered pasig city.

Civil liability based on crime not quasi delict (reckless imprudence)

Voluntary surrender – “surrender must be spontaneous” art 13 p. 7

But for purposes of imposing civil liability, treachery would still be

considered.

There is only one degree lower if there is privilege mitigating :

1. Over 15 under 18 acting with discernment

2. Incomplete justifying or incomplete exempting

If there is no aggravating, only ordinary mitigating, the penalty to be

imposed is the lesser of the two indivisible crimes.

Sevilla vs. people 194 scra 393

Attempted rape people vs. campuhan

Motive is not an element of a crime…Intent is.

PD 698 sec. 9
Falsification of document (public, official, commercial or private)
Can there be a crime of reckless imprudence resulting in falsification of
public document? Sevilla vs. people read

Lecture; April 21
If offender is the forger and counterfeiter himself and uses the counterfeited
seal or stamp, he is prosecuted of only forgery.

Art. 163
In uttering he must be in connivance with the manufacturer forger or
importerof false coins.

Art. 164
Must be a currency of legal tender to be punishable.
Art . 165
Art. 166 and 167
It also pertains to docs payable to bearer ….in case of 167 refers to docs
payable to order
Art 168
- Possession must be with intent to use or knowingly possessing the
false notes or other instruments
Art. 169 memorize how forgery is committed
Art 164 and art 168 more important articles under these crimes
Art 170 when is doc is considered a doc for purposes of crimes under title
4:
Creation of a right or obligation established
What is a document? Kinds of documents public private commercial official
Contemplated under 171 and 172
Public or official is used interchangeably….public is larges in scope vs.
Official
A private doc is binding is binding upon the parties even if not notarized.
Once notarized, it becomes a public document.
Once a priv. doc. Is notarized, it becomes a public document-it is binding
not only to the parties but binding against third persons specially so if
registered with registry of deeds, already becomes a constructive notice
Memorize art 171- ecclesiastical liable if it affects the civil status of the
person
Taking advantage of position of a public officer not aggravating because
inherent in his position.
Why law is strict on falsification of public or official documents? There is
violation of public faith is such docs, destruction of the truth which the doc
solemnly proclaim
If the offended party executed an SPA authorizing the offender to mortgage
of property but instead executed a sale, the offender , liable under art 171
paragraph c…attributing to persons who have participated……..intestate
estate vs. people feb 2010. Related under title 10
Is good faith a defense against falsification of public document? There are
cases which says good faith is a defense, other cases not a defense. Once
the purpose of the offender is to make doc speak the truth , there is no
falsification because the offender is acting in good faith.in falsification, there
must be an element of damage and an intent to cause damage. Under 171
the offender is a public officer or employee who must take advantage of his
public position,
If he does not take advantage of his position, the offender may be held
liable under art. 172 but not under 171.
Art 172 offender is a private person or a public person who has not take
advantage of his position. Read case of borlongan vs. pena

Art 173 read

Medical certificate under 174 falsification of medical certificate
Art 176 to what art this refers?
Art 177..two felonies: committed under this article.
Usurpation of authority and usurpation of official functions; the offender
knowingly and falsely represents himself insofar as 1. Is concerned
Usurpation of official functions, no need to represent himself as person in
authority
Art 178 2 important elements
Art 183=183 pay attention to 183 , 181-criminal; 182- civil;
There is also perjury when there is an execution of affidavit or sworn
statement or affirmation. Other cases not criminal nor civil
Elements of perjury ….perjury under art 183
183 only 183 offered is false document always under oath otherwise,
falsification
Under 171 o, 4,,,making untruthful narration under …..
184-offered is false witness
180-182 false testimony
Galeos vs people
Art 185
Public auction vs. public bidding
188 and 189 already amended by ntellectual property code

171 172 177 183 important articles 168 164 169

Title 7
Relevance: amount malversed exceeds 8.8 m ra 10951, over or exceeding
8.8m,
Penalty is reclusion perpetua therefore non-bailable unless evidence is not
so strong
Take note of elements…must be accountable public officer
People vs. pepito:
Dela cruz case
When is judgment or interlocutory order unjust? When judgement rendered
is not supported by evidence, contrary to law and the judge is motivated by
ill will or committed bad faith.
Manipon vs. sandiganbayan art 210 direct bribery
Take note of last par of art 210… there are 3 punishable acts under this
article:
1. The offender in consider of the bribe agrees to commit the crime,
mere agreement to commit the crime is already punishable
2. Does not amount to a crime
3. Refraining or he does not perform what is expected of a public officer

Formilleza case: indirect bribery under art 211

The information need not be amended because malversation may be
committed by intentional malversation or through negligence.
If employee receives payment then malverse, the employee cannot be
charged with malversation because he is not an accountable officer.
Abullah vs. people-technical malversation Under art 220 no technical
malversation because the funds were not appropriated for a particular
purpose. It came from savings.
Technical malversation if funds or property is appropriated for a particular
purpose
Art 211-A qualified bribery
US vs. Ponte, a private individual can be liable for malversation of public
funds in case of conspiracy with an accountable public officer.
Art 222
Soriano vs. sandiganbayan prosecuted for violation for ra 3019 specifically
section 3 e, b, g,
Preliminary investigation is not a contract
Dugayon vs. people section 3 e of 3019 very important….chairman of
procurement board…purchase brand new, delivered second
hand……injury to the government
Nava vs. palatao involving sec 3g…involves procurement of science
supplies…accused overpriced…convicted under section 3 g of RA 3019
Once there is a valid information against a public officer, he may be subject
to preventive suspension…in case of elective officer, yes should not
exceed 90 days. Suspension pendente lite.
No complex crime of estafa with falsification of public docs.
Read case of batulanon vs. people
No complex crime because there is common element of casuing damage to
third persons
Art. 332 exempted in crimes of theft, estafa and malicious
mischief…..file mo is falsification not estafa because he is exempted.
Memorize article 203
Concept of public officer under rpc is different from concept of public
officer under administrative law: public officer under admin law
exercise discretion while an employee does not. In rpc public officer
and employee is the same.

If a laborer is assigned to sort mails, he is a public officer.

Know concept of malfeasance, misfeasance and non-feasance:
Art 208 dereliction of duty….pay attention…the offender maliciously…
Art 209 three crimes
Disbarment
Civil case for damages
Criminal case under 209
Art 212 corruption of public officials. If a
Art 213 memorize..offender fails to issue receipt…liable for illegal
exaction
Art 215 offender is an appointee public officer…hindi puede si mayor
Art 216 possession of prohibited interest by a public officer, when a
public officer has the duty to intervene in …..take note…applicable to
guardians and executors, accountants
Art 218…Lumauig vs. People July 7, 2014
Render an account within 2 months….demand is not an element
Restitution of funds amounts to voluntary surrender….mitigating
circumstance
Art 219
Art 220
Art 221 if there are govt funds and property in your possession and
there is obligation to deliver…..
Art 222 persons liable
Art 223-225 infedility
Art 226 marked money considered document used in a case
Art 229 read

Art 230 difference from art 229 : 229 damage pertains to public
interest; 230 pertains to damage to private individual
Read 231, 232, 233
Art 234,
Art 235 2 crimes

Art 236 -241 read

Art 242 -243 read
Art 244 unlawful appointments lacks legal qualifications
Art 245 take note abuses against chastity.
Title V take note of ff sections:
5 illegal sale
11 illegal possession
15 illegal use

Section 23 estifona vs. robrigo 226679 dtd aug. 15, 2017

Any violation of RA 9165 hindi puede ang plea bargaining. Any
provision of ra 9165,, no plea bargaining sec 23. Kaya lang dumating
si estefona…. Puede ang plea bargaining kasi yung prohibition is
contrary to rule making authority of the judiciary. Section 5 article 8 of
the 1987 constitution.

Sec 21 chain of custody not absolute as long as the integrity and the
evidenciary value of the confiscated drugs are preserved and the
witness can satisfactory explain why chain of custody was not
followed.
Sec 24 the probation law does not apply to drug trafficker and drug
pushers. If minor, still no. padua vs. people. Kasi accdg to sc if the
crime is drug pushing or trafficking, the pusher is evil.
Possession, entitled to probation.
Sec 25 if a person kills and there is a positive finding for use of
dangerous drugs, then that will be considered as qualifying
aggravating circumstance to raise killing to murder.
Sec 26 enumerates 5 punishable acts …whether consummated or
attempted or mere conspiracy, the penalty is the same
Section 35 accessory penalties if there is a violation of RA 9165, such
civil and political rights are already suspended during the pendency
of the case.
Elements of illegal sale of dangerous drugs:
Special law-mere commission is a violation
Marked money is not an element of illegal sale
If evidence is weak for illegal sale can ve convicted of illegal
possession.
Elements of illegal sale and illegal possession
5, 11, 15, 21 are the most important articles of RA 9165

Dela cruz vs. people mandatory drug testing only applies to violation
of RA 9165
People vs. dilao
Buy bust operations must be with the participation of PDEA.
Valid even withoud PDEA as long as the integrity…
Read people vs. laylo
Lacerna vs. dangerous drug board
Sec 36 f and g were delared unconstitutional

Assignmnet discuss title 6 8 and 9

Lecture: April 28, 2018

There should be blood relationship or spouse for the crime to be

parricide….legally married for spouse. Adopted no
Parricide…legitimate or illegitimate

Art 247 offender can invoke…absolutory cause or exempting

circumstances…..murder, homicide or parricide. Destierro intended
for the protection of the offender from the possible retaliation by the
relatives of the offended party.
Committed in the act of sexual intercourse or immediately thereafter.
Applies to parents of the woman who is under 18 years who must be
living with the parents….
Defenses: consent to infedility … atty seballos pay particular
attention to title 8
Art 248 correlate to article 14
Except excoffing at the corpse of the victim…only this is not present
in art. 14
Murder-pay attention to treachery, evident premeditation…take note
of all the qualifying aggravating circumstances under art 249

Take note sec 25 of RA 9165-positive finding of use of dangerous

drugs is a qualifying aggravating…homicide to murder.
People s. buyco
Memorize definition of treachery
Whenever victim is child , there is always treachery….cannot
interpose a defense. People vs. PO3 Fallorina/// there is also abuse of
superior strength…treachery absorb abuse of superior strength
Take note people vs. peralta… there is individual criminal liability if
there is no conspiracy
Treachery as a rule absorbs night time also
People vs. berdida…. Treachery and night time were appreciated
separately….kasi treachery and night time have independent factual
basis. Offenders purposely sought night time…treachery in the act of
hog tying the victims…refer to art 63.
Infanticide-victim is less than 3 days
Art 250 as a rule if frustrated one digree lower….art 25o because of
the circumstances of the case, it can be lower by another degree
Applicable to murder, parricide and infanticide
Art 251 -252
Art 252 serious and less serious physical injuries were inflicted
Art 253 giving assistance to suicide…homicide
Art 254 fired a gun but no intention to kill…illegal discharge of firearm
Infanticide-there is privilege mitigating circumstance if the purpose is
to conceal dishonor. Under the present culture, no more dishonor
If the fetus is killed inside the womb…always abortion
If fetus is killed outside the womb and non-viable- abortion
When is it viable : if the fetus can sustain an independent life from the
mother
If the fetus has intra uterine life of 6 months, not viable
If more than 6 months, crime is infanticide
Art 256-intentional abortion
Art 257-unintentional
Violence must be exerted upon the victim

Pag abortion whether intentional or unintentional, there should be

violence..if only threat, there is no intentional abortion….threat not a
form of violence.

Art 258 read

Art 259 3 possible offenders
Physician, midwife, pharmacist
Art 260 wild wild west (duel)
Liability of seconds….they are punished as accomplices (one degree
lower)
Art 261 read challenging to a duel
Physical injuries-no intent to kill
Art 262 Other cases of intentional mutilation: other body parts
Intentional mutilation: essential organs of reproduction purpose to
deprive
Art 263-266 physical injuries, offender no intention to kill
Only intends to injure the offended party..impotence – serious
physical injuries…or became blind
With intent to kill but did not die….attempted kung slight physical
injury, if serious frustrated homicide or murder
Take note of physical injuries-by nature it is always consummated
No frustrated physical injuries.
Take note of art 263: if the serious physical injuries is committed
against any of the person mentioned in the crime of parricide or
where there is the presence of aggravating circumstances under art
248, the crime should be qualified or aggravated serious physical
injuries
Take note when it comes to slight physical or less serious physical
injuries, aside from duration, it becomes less serious if there is
incapacity for labor or requires medical attendance for both

There is also qualified or aggravated less serious physical

injuries…no complex crime of slander by deed with less serious
physical injuries….manifest intent to insult….the crime is aggravated
less serious physical injuries (art. 265)
Even if the charge is serious or less serious, but the evidence has no
duration, always decide as less serious because favorable to accused
Art 266-A
People vs. jumawan
People vs. campuhan-mere touching consummates rape
There is no frustrated rape
Take note mas mababa ang penalty ng rape by sexual assault than
rape by sexual intercourse
Statutory rape-under 12 years old
Qualified rape-the penalty prescribe by law is death. See 266-B 10
instances.
Sexual intercourse same in rape by sexual assault
People vs. silvano: the offender inserted his tongue and fingered her
daughter….rape by sexual assault
Dati sa rape, kelangan complaint must be initiated by offended party,
now no more….rape is a crime against persons public
crime….neighbor, tanod can initiate to file complaint
Read people vs. antonio
Title six: gambling and betting
Basic principle on gambling: prohibited unless there is a law allowing
it. PD 1602 read section 1..provides for punishable acts
Like directly or indirectly taking part
US vs. Palma accused was a mere spectator…not liable because he
was not directly or indirectly participating
LOI letter of instruction..take note issued by Marcos,
Grave scandal
Art 202
What is the effect of rescidivism….generic aggravating.
If prostitute is a rescidivist, it is no longer generic aggravating.
Amended 10158 2012 amendent. Penalty increased by 2 degrees
higher.
Male cannot be prostitute. But can be a prostitute as a victim RA
7610.
Take note of these 3 cases: people vs. lalli, syndicated illegal
recruitment (offenders 3 or more victim 1) as against large scale
illegal recruitment ( 3 more victims) ; accused were likewise convicted
of qualified trafficking in persons because it was committed by a
syndicate.
Del mar vs. pagcor..in case of gambling..principle…if a law or statute
is passed and legalizes gambling, that law should be strictly
construed.
Villamor vs. people 200396 march 22, 2017

Teves vs. comelec

When does a crime involve moral turpitude: it depends on the facts

and circumstances that only the SC can decide. Conviction of teves
does not amount to moral turpitude.

Lecture May 5, 2018

Title 9, as long as offender party is effectively deprive of his liberty,
there is illegal detention.
Arbitrary detention- committed by public officer or employee
Take note of people vs. santiano
1. By way of conspiracy
2. Acted outside of performance of his public duties

If victim of kidnapping is raped several times on several days and

was killed
What crime is committed? Kidnapping with homicide…whenever the
victim is killed and there areother crimes committed, such as rape,
the crime would still be kidnapping with homicide. In special complex
crim, whenever there is rape, and other crimes, it should always be
kidnapping with homicide. In the case of robbery, one of the victims
is killed, or rape, the crime would still be robbery with homicide. Y?
whenever there is killing, the killing would be used in the intended
crime because killing is the highest crime or category of crime
compared to other crimes. The crime is used in generic. The
component crime should be consummated. No special complex
crime of kidnapping with frustrated murder. Complex crime under art.
48…forcible abduction with rape….people vs. jose….it is a complex
crime under art. 48…..ordinary complex crime…

In special complex crimes, the law provides a specific penalty…..

Art. 268. Slight illegal detention…
Art. 269 Unlawful arrest
Purpose of arrest is to deliver the person to an authority.
Concept of ransom in kidnapping and serious detention.
Kidnapping for ransom- as long as it is demanded whether paid or
not.
Can a parent be liable for kidnapping and serious illegal detention?
NO.

Art. 270…offended party is a minor

…offender is one who is entrusted with custody of a minor and there
was failure to restore custody to the parents or guardian
Art. 271 inducing a minor to abandon home
Book….Atty. Seballos
Art. 272… slavery….for purposes not only to detain but to enslave the
victim for prostitution…
Case People vs. Mejia walang specific name of felony, penalty is
increased by a degree….used the word qualified or aggravated.
Art. 273..exploitation of child labor ..there is exploitation if there is no
will of the minor
Art. 274 relate to art. 287…the creditor seizes by violence property of
the debtor in order to apply payment to the debt of the debtor ….light
coercion by means of violence or a display of material force
producing intimidation.
Art. 275.. memorize…crime of omission (there is a positive duty
required by law)
Art. 276..abandoning a minor….with intent to kill (crime is attempted
or frustrated murder)
Art. 277 exploitation of minors…take note…memorize
Art 279 read
Art 280 simple and qualified trespass to dwelling. No intention to
violate the possession of the leased premises.
Last paragraph of art. 287…unjust vexation
Unjust vexation…Baleros vs. people….any act which irritates, vexes
or annoys the victim . it is a broad term…if a man touches the breast
of a woman to annoy…unjust vexation…if touching the breast is to
humiliate….the crime is slander by deed.

Last paragraph..legal trespass…absolutory cause

Art. 281 manifest intent of the owner to prohibit entry….no
trespassing ..other forms of trespass
Art. 282 grave threats
Difference between between grave and light threats…they are
committed under same set of circumstances…threat amounting to a
crime…grave threat otherwise light crime.Militar vs. people, reyes vs.
people
Art. 284. Bond for good behavior….not a bail which is for the purpose
of securing temporary release of the detainee….applicable to grave or
light threat. To ensure that the crime would not be committed. Bond
to keep the peace…..applicable to all felonies. If not grave nor light, it
must be falling under other threats
Grave coercion..people vs. astorga.. SC said no clear evidence…the
crime is grave coercion instead kidnapping with serious illegal
detention.

If an offender prevented the offended party from doing something not

prohibited or compelling to do something whether that is right or
wrong, the prohibition or compulsion must be done by violence.

Art. 289 Discovering secrets through seizure of correspondence…not

applicable to spouses, parents in respect to their minor children.
Relate that to art 229 – 230…offender is public officer…here private
person.. SC
Art. 292..revelation of manufacturer’s secret.

Title 9..267-279, trespass, 282 283 286 287 290 291 292 master all
Attention people vs. baldogo.. SC said kidnapping and there was
murder
People vs. talusan..special complex kidnapping with rape by sexual
assault.
Under art. 48 refer to a single act resulting to a grave or less grave
offense…offense is necessary means to commit another offense.

Title 10
Difference Robberyv. Theft….In robbery there is violence,
Art. 294 par. 1 refers to special complex crime …case people vs.
regala…additional rape cannot be appreciated as aggravating
circumstance because under art. 14, those enumerated are exclusive.
Par. 2-4 serious physical injuries.
Par. 5 simple robbery …if in the course of robbery, the extent of
injuries are only slight or less serious physical injuries…ocampo vs.
people.
People vs. de guzman
Act of fencing took place in Antipolo therefore complaint should be
filed in antipolo.
Fencing-robbery and theft only
Robbery with homicide …homicide is used in its generic term…it
includes any and all kinds of killing whether intentional, accidental as
long as the killing was committed by reason of the crime of robbery.if
kasama rape, still the crime is robbery with homicide.
Distinguished that with kidnapping with rape or homicide, the subject
of rape or homicide, must be the victim.
Important…Art. 296
People vs. Abarri….take note…one of the issues…whether number 3
can be considered as principal by inducement…no..because no moral
ascendancy and number 4 already decided to commit rape. However,
if for example the offenders merely conspired to commit robbery and
offender nuber 4 raped the victim, and offender 3 saw he did not
prevent, in such a case 3 and 4 will be liable for robbery with rape.
Important last paragraph of art. 296
Art. 297 attempted robbery with homicide… meron bang frustrated
robbery with homicide? No only attempted.
Art 298 robbery by execution of public instrument , necessary that
there is intent to defraud.
Art. 299 robbery with force upon things….should relate to 302, there
should be entry of the house
Par. 4 in 299 not present in 302, in both there is bodily entrance
Dumaan bukas ang bahay dumaan sa pinto kinuha cp…that is theft

Art 301. Inhabited take note of definition, dependency, inhabited

house, building
Art 302 not inhabited
Art. 304 possession of
Art. 305 memorize what constitutes false keys
Art. 306. Is brigandage (at least 4 and armed)
Mere formation as brigands for purposes of extortion in accordance
with the purposes under art 306. Unlike sa robbery in band, to be held
liable, they have to execute overt acts of robbery.
Art. 307 remember
Art 308 theft par. 1,2, 3 memorize (simple theft)

Art. 309
Art. 310 Qualified theft
Note the instances of qualified theft.if the offender is a cashier, is he
liable for qualified theft..People vs. Cahilig

Take note of RA 10883….approved on july 17, 2016…new anti-

carnapping law. Definition of motor vehicle the same. Difference,
there is increase in the penalty. Motor vehicles contemplated are
those used in public highways.
Sec 3 of the law…penalty of life imprisonment (if killed or rape..driver,
owner, or occupant). There is special complex crime of carnapping
with rape or carnapping with homicide. Non-bailable due to penalty
imposed.
Memorize instances of qualified theft: if it is qualified, penalty is 2
degrees than simple theft
If property is taken because of natural calamity, or vehicular accident
or civil disturbance….qualified theft
Art. 311. Specific provision…theft of the property of the national
museum….
Art. 312 subject is real property or real rights…committed by means
of violens
Art. 313 altering boundaries or landmarks
Art. 314 fraudulent insolvency
Art. 315 estafa…illegal recruitment
People vs. Mateo…estafa and for illegal recruitment

Theft vs. Estafa….theft material or physical possession. Estafa…both

juridical and material possession…juridical means you can raise
possession even against the owner.
People vs. Abordo…recruitment on a large scale…at least 3 offended
parties and must be charged in one information not separate
information

Issuance of post dated checks. Offender may be charged with estafa.

Executed to or simultaneously with the commission of the

fraud…important phrase
There is no estafa because the check was issued for payment of a
pre-existing condition.

Main distinction…estafa thru issuance of check and bp 22

Deceit and damage are elements of estafa and there are non in BP 22.
Insofar as the issuance of notice of dishonor,
Under bp 22 issuer or maker should be given 5 banking days, in
estafa, at least 3 calendar days.
Purpose of 3 days notice in estafa, the check bounced prima-facie
evidence arises.
Take note…talbog tseke…nagkita sa party. Notice in writing and duly
received by the maker.

BP 22 prescribed penalty is imprisonment.

Milla vs. People…there can be a crime of estafa thru falsification of
public documents.

Sycip case… take note of element of BP 22

Art. 317 swindling a minor

Art 318-other deceits

Art 319 read
Art 320 destructive arson
People vs. Macabando… SC stated the difference
The diff. lies in less significance in social, economic……….
PD 1613 …even small part of building is burned, it is already
consummated.
Malicious mischief
Art 327-331
Art. 332 intestate estate vs. people….exemptions from criminal
liability refers only to simple cases of theft, estafa or malicious
mischief. Simple as distinguished from complex crime.
RA 8484
RA 1689 syndicated estafa
PD 115 violation of this constitutes estafa
5 points definition, enumeration, distinction, multiple choice.
Essay from cases.

Title 14 read Ivler and Sevilla case

Def of simple imprudence and reckless imprudence

Lecture: May 12, 2018

Adultery
Each act is considered as one crime
Insofar as adultery is considered circumstantial evidence is sufficient
to prove adultery
Sex intercourse under 247 there must be a witness.

Concubinage
339 female lang

Lewd design Indecent, obscene, ; committed under environmental

circumstances

3 kinds of offender in seduction

Abuses his authority
Abuses the confidence reposed
Abuses the relationship

In both cases, it involves sexual intercourse

Forcible abduction 342 and 343

343 walang sexual intercourse as an element in forcible and

consented abduction

Qualified seduction: more than 12 under 18

Virginity-not physical virginity
Take note art 337

Regardless of age the crime would still be qualified seduction as

regards a brother to a sister or a ascendant as to his descendant
Widow can be victim of seduction…yes provided she is a chaste
woman and not one of loose morals

340 corruption of minors

341 white slave trade (engage in prostitution)
342 forcible abduction complex crime/special complex crime
…taking away with lewd design
Taking away is from the house nearby, the taking away is absorbed in
the rape.
Last paragraph take note under 12 statutory forcible abduction

344—private crimes therefore cannot be prosecuted ex-oficio except

rape now is a public crime

Adultery/concubinage

There was consent

There was pardon

Last paragraph of 344 vs. last paragraph of 342

Olivarez vs. CA
Malto vs. People RA 7610 5 (b)
Domingo vs. Rayala – anti sexual harassment law…..not a criminal
case but there was a discussion on anti sexual harassment law

TitlAe 12
Art. 349 Bigamy …take note of the case 145226 morigo vs. people
Republic vs. Manalo 221029 2-18
Art 351 premature marriage (now no more) already been repealed
Do not forget elements of bigamy

Same-sex marriage- illegal marriage art 350

Art. 352

Title 13
Libel-353
Defamation-353 may either be libel or slander
Slander Art 358
Elements of libel
absolute privilege communication-privilege speech of senators
Qualified privilege communication-1 and 2 under art 354
Malice-in-law-no need to present evidence to prove malice because it
is presumed;
Malice-in fact-refers to malice on the part of the accused that must be
proven in those cases known as qualified privilege com in pa 1 and 2
under Art. 354
Mere commentaries on matters of public interest are also qualified
privilege communication
Erwin Tulfo

Libel cases and bp 22 cases penalty impose is only a fine if first time
offendor.
Venue of libel cases- art 360

203335 Disini vs. Department of Justice-SC held that to file 2 cases

(RPC and one under Cyber)
Against the accused will violate the double jeopardy provision.
What is the effect if libel was committed on-line?it will increase the
penalty by degree
Cyber crime and anti-pornopraphy act
Online libel and libel under rpc
These two cannot be prosecuted because violation of double
jeopardy.

Basahin proof of the truth etc.

Venue….
If there is threat ot publish a libel ….not a grave threat
358 slander oral defamation
353-defamation maybe in writing libel or oral slander
When is it grave or simple Villanueva case
Art. 363 known as planting evidence
Defamatory imputation imputing a private crime…. You are an
adulterer….again that is a private crime and cannot be prosecuted ex
oficio…last p of Art. 363.

RA 10591 sec 38 read

Sec 29 of RA 9165 planting of evidence (drugs)

Art. 364

Memorized 353-355

Through TV-libel

Reckless imprudence vs. simple imprudence

Sevilla case… Ivler case

The crime itself is reckless imprudence or simple imprudence.
In sevilla case, intentional felony not consistent with the imprudence.

The crime punished under reckless imprudence is the mental attitude.