CRIMINAL LAW

BOOK II
ISAGANI G. GARCIA
Lecturer/Instructor
ARBITRARY DETENTION

ELEMENTS:
1. That the offender is a public officer or employee
(whose official duties include the authority to make
an arrest and detain persons; jurisdiction to
maintain peace and order);
2. That he detains a person (actual restraint); and
3. That the detention was without legal grounds
(cannot be committed if with warrant).
DETENTION: when a person is placed in confinement
or there is a restraint on his person
ARBITRARY DETENTION

Legal grounds for the detention of any person:

1. commission of a crime
2. violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
3. escaped prisoner
* When the peace officers acted in good faith even if
the three (3) grounds mentioned above are not
obtaining, there is no Arbitrary Detention.
ARBITRARY DETENTION

Without legal grounds:

1. He has not committed any crime or no reasonable
ground of suspicion that he has committed a crime.
2. Not suffering from violent insanity or any other
ailment requiring compulsory confinement in a
hospital.
Grounds for warrantless arrest:
1. Crime is about to be, is being, has been committed in
his presence;
2. Officer must have probable cause to believe based
on personal knowledge of facts and circumstances
that the person probably committed the crime; and
3. For escaped prisoner .
DELAY IN THE DELIVERY OF
DETAINED PERSONS

ELEMENTS:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal
grounds
3. That he fails to deliver such person to the proper
judicial authority within:
 12 hours- light penalties, or their equivalent;
 18 hours- correctional penalties, or their
equivalent or
 36 hours- capital punishment or afflictive
penalties, or their equivalent
DELAYING RELEASE

ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the
release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the
liberation of such person
3. That the offender without good reason delays:
 the service of the notice of such order to the prisoner, or
 the performance of such judicial or executive order for the
release of the prisoner, or
 the proceedings upon a petition for the release of such
person
DELAYING RELEASE

Three acts are punishable:

1. delaying the performance of a judicial or executive
order for the release of a prisoner
2. delaying the service of notice of such order to said
prisoner
3. delaying the proceedings upon any petition for the
liberation of such person
 Wardens and jailers are the persons most likely to
violate this provision
 Provision does not include legislation
EXPULSION

ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or
compels a person to change his residence
3. That the offender is not authorized to do so by law
2 acts punishable:
 by expelling a person from the Philippines
 by compelling a person to change his residence
VIOLATION OF DOMICILE

ELEMENTS:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter
the dwelling and/or to make a search therein for
papers or other effects
3. That he commits any of the following acts:
 entering any dwelling against the will of the owner thereof
 searching papers or other effects found therein without
the previous consent of such owner
 refusing to leave the premises, after having surreptitiously
entered said dwelling and after having been required to
leave the same
VIOLATION OF DOMICILE

Aggravating Circumstance (medium and maximum

of penalty imposed):
1. Offense committed at nighttime
2. Papers or effects not constituting evidence of a
crime be not returned immediately
 If the offender who enters the dwelling against the
will of the owner thereof is a private individual, the
crime committed is trespass to dwelling (Art 280)
VIOLATION OF DOMICILE

 When a public officer searched a person “outside his

dwelling” without a search warrant and such person is
not legally arrested for an offense, the crime committed
by the public officer is grave coercion, if violence or
intimidation is used (Art 286), or unjust vexation, if
there is no violence or intimidation (Art 287)
 A public officer without a search warrant cannot lawfully
enter the dwelling against the will of the owner, even if
he knew that someone in that dwelling is having
unlawful possession of opium
 Under Rule 113(sec. 11) of the Revised Rules of Court,
when a person to be arrested enters a premise and
closes it thereafter, the public officer, after giving notice
of an arrest, can break into the premise. He shall not
be liable for violation of domicile.
VIOLATION OF DOMICILE
3 acts punishable:
1. Person enters dwelling w/o consent or against the will- In the plain
view doctrine, public officer should be legally entitled to be in the
place where the effects were found. If he entered the place illegally
and he saw the effects, doctrine inapplicable; thus, he is liable for
violation of domicile.
2. Person enters and searches for papers and effects-Public officer who
enters with consent searches for paper and effects without the
consent of the owner. Even if he is welcome in the dwelling, it does
not mean he has permission to search.
3. Person entered secretly and refuses to leave after being asked to-
The act punished is not the entry but the refusal to leave. If the
offender upon being directed to leave, followed and left, there is no
crime of violation of domicile. Entry must be done surreptitiously;
without this, crime may be unjust vexation. But if entering was done
against the will of the occupant of the house, meaning there was
express or implied prohibition from entering the same, even if the
occupant does not direct him to leave, the crime of violation of
domicile is already committed because it would fall in number 1.
VIOLATION OF DOMICILE

“BEING AUTHORIZED BY LAW” – means with search

warrant, to save himself or do some things good for
humanity
There are only three recognized instances when search
without a warrant is considered valid, and, therefore, the
seizure of any evidence done is also valid. Outside of
these, search would be invalid and the objects seized
would not be admissible in evidence.
(1) Search made incidental to a valid arrest;
(2) Where the search was made on a moving vehicle or
vessel such that the exigency of he situation prevents the
searching officer from securing a search warrant;
(3) When the article seized is within plain view of the officer
making the seizure without making a search therefore.
SEARCH WARRANTS MALICIOUSLY
OBTAINED

ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
 In order that a search warrant may be issued, it must
be based on probable cause in connection with one
offense, to be determined by a judge after
examination under oath of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the persons
or things to be seized.
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING
AUTHORITY OR USING UNNECESSARY SEVERITY IN
EXECUTING A SEARCH WARRANT LEGALLY PROCURED

ELEMENTS:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary
severity in executing the same
 Search warrant is valid for 10 days from its date
 Search warrant is an order in writing issued in the
name of the People, signed by the judge and
directed to a public officer, commanding him to
search for personal property described therein and
bring it before the court
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING
AUTHORITY OR USING UNNECESSARY SEVERITY IN
EXECUTING A SEARCH WARRANT LEGALLY PROCURED

 No just cause – warrant is unjustified

 Search – limited to what is described in the
warrant, all details must be with particularity
 Malicious warrant. Example. X was a
respondent of a search warrant for illegal
possession of firearms. A return was made.
The gun did not belong to X and the witness
had no personal knowledge that there is a
gun in that place
SEARCHING DOMICILE WITHOUT
WITNESSES

ELEMENTS :
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other
belongings of any person
4. That the owner, or any member of his family, or two
witnesses residing in the same locality are not present

Order of those who must witness the search:

1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be
influenced by the searching party)
PARRICIDE

ELEMENTS:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or a
legitimate other ascendant or other
descendant, or the legitimate spouse of the
accused.
DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES

Requisites:
1. A legally married person or parent surprises his spouse or
daughter (the latter must be under 18 and living with them) in
the act of committing sexual intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of
them any serious physical injury in the act or immediately
thereafter
3. He has not promoted or facilitated the prostitution of his wife
or daughter, or that he has not consented to the infidelity of
the other spouse.
 Sexual intercourse does not include preparatory acts
 IMMEDIATELY THEREAFTER: means that the discovery,
escape, pursuit and the killing must all form parts of one
continuous act
MURDER

ELEMENTS :
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the
following qualifying circumstances
 with treachery, taking advantage of superior
strength, with the aid or armed men, or
employing means to weaken the defense or of
means or persons to insure or afford impunity
 in consideration of price, reward or promise
MURDER

 by means of inundation, fire, poison, explosion, shipwreck,

stranding of vessel, derailment or assault upon a street car or
locomotive, fall of airship, by means of motor vehicles or with
the use of any other means involving great waste or ruin
 on occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or any other public
calamity
 with evident premeditation
 with cruelty, by deliberately and inhumanely augmenting the
suffering of the victim or outraging or scoffing at his person or
corpse
HOMICIDE
ELEMENTS:
1. That a person was killed.
2. That the accused killed him without any justifying
circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.

Distinction between homicide and physical injuries:

 In attempted or frustrated homicide, there is intent to kill.
 In physical injuries, there is none. However, if as a result of
the physical injuries inflicted, the victim died, the crime will be
homicide because the law punishes the result, and not the
intent of the act.
DEATH IN A TUMULTOUS AFFRAY

ELEMENTS:
1. That there be several persons.
2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally.
3. That these several persons quarreled and assaulted one
another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the
deceased.
6. That the person or persons who inflicted serious physical
injuries or who used violence can be identified.
DEATH IN A TUMULTOUS AFFRAY

Notes:
 Tumultuous affray exists when at least 4 persons take part in it
 When there are 2 identified groups of men who assaulted each
other, there is no tumultuous affray

Persons liable are:

1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the
deceased, all persons who used violence upon the person of
the victim
DEATH IN A TUMULTOUS AFFRAY

 If those who actually killed the victim can be determined,

they will be the ones to be held liable, and those who
inflicted serious or less serious or slight physical injuries
shall be punished for said corresponding offenses provided
no conspiracy is established with the killers.

 TUMULTUOUS AFFRAY simply means a commotion in a

tumultuous and confused manner, to such an extent that it
would not be possible to identify who the killer is if death
results, or who inflicted the serious physical injury, but the
person or persons who used violence are known.
DEATH IN A TUMULTOUS AFFRAY

* It is not a tumultuous affray which brings about the

crime; it is the inability to ascertain actual
perpetrator. It is necessary that the very person who
caused the death can not be known, not that he can
not be identified. Because if he is known but only his
identity is not known, then he will be charged for the
crime of homicide or murder under a fictitious name
and not death in a tumultuous affray. If there is a
conspiracy, this crime is not committed.
DEATH IN A TUMULTOUS AFFRAY

To be considered death in a tumultuous affray, there must be:

1. a quarrel, a free-for-all, which should not involve organized
group; and
2. someone who is injured or killed because of the fight.

 The person killed in the affray need not be one of the

participants.
 As long as it cannot be determined who killed the victim, all
of those persons who inflicted serious physical injuries will
be collectively answerable for the death of that fellow.
PHYSICAL INJURIES INFLICTED IN A
TUMULTOUS AFFRAY

ELEMENTS:
1. that there is a tumultuous affray as referred to in the
preceding article.
2. That a participant or some participants thereof suffer serious
physical injuries or physical injuries of a less serious nature
only.
3. that the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the
person of the offended party are known.

 Unlike in Article 251, where the victim need not be one of the
participants, the injured party in the crime of physical injuries
inflicted in tumultuous affray must be one or some of those
involved in the quarrel.
GIVING ASSISTANCE TO SUICIDE
Acts punishable:
1. Assisting another to commit suicide, whether the suicide is
consummated or not
2. Lending his assistance to another to commit suicide to the
extent of doing the killing himself

Notes:
 Giving assistance to suicide means giving means (arms,
poison, etc.) or whatever manner of positive and direct
cooperation (intellectual aid, suggestions regarding the mode
of committing suicide, etc.).
 A person who attempts to commit suicide is not criminally liable
 In this crime, the intention must be for the person who is asking
the assistance of another to commit suicide.
DISCHARGE OF FIREARMS

ELEMENTS:
1. that the offender discharges a firearm against or at
another person.
2. That the offender has no intention to kill that person.

Notes:
 This crime cannot be committed through imprudence
because it requires that the discharge must be directed at
another.
 The offender must shoot at another with any firearm
without intention of killing him. If the firearm is not
discharged at a person, the act is not punished under this
article
MUTILATION

Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or
partially, of some essential organ for reproduction
2. Intentionally making another mutilation, i.e. lopping,
clipping off any part of the body of the offended party,
other than the essential organ for reproduction, to deprive
him of that part of the body
Elements:
1. There be a castration i.e. mutilation of organs necessary
for generation
2. Mutilation is caused purposely and deliberately
SERIOUS PHYSICAL INJURIES

How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
 In one case, the accused, while conversing with the
offended party, drew the latter’s bolo from its
scabbard. The offended party caught hold of the
edge of the blade of his bolo and wounded himself.
It was held that since the accused did not wound,
beat or assault the offended party, he can not be
guilty of serious physical injuries.
SERIOUS PHYSICAL INJURIES

 The crime of physical injuries is a crime of result because under

our laws the crime of physical injuries is based on the gravity of
the injury sustained. So this crime is always consummated.
 IMPOTENT should include inability to copulate and sterility
 BLINDNESS requires lost of vision in both eyes. Mere
weakness in vision is not contemplated
 Loss of power to hear must involve both ears. Otherwise, it will
be considered as serious physical injuries under par 3
 Loss of use of hand or incapacity of usual work in par 2 must be
permanent
SERIOUS PHYSICAL INJURIES
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person – loses the use of speech or the power to hear
or to smell, loses an eye, a hand, foot, arm or leg; loses the
use of any such member.
3. becomes incapacitated for the work in which he had been
habitually engaged
4. Injured person – becomes deformed; loses any other member
of his body; loses the use thereof
5. becomes ill or incapacitated for the performance of the work
in which he had been habitually engaged in for more than 90
days
6. Injured person becomes ill or incapacitated for labor for more
than 30 days (but not more than 90 days)
SERIOUS PHYSICAL INJURIES

 DEFORMITY: means physical ugliness, permanent and definite

abnormality. Not curable by natural means or by nature. It must
be conspicuous and visible. Thus, if the scar is usually covered
by a dress, it would not be conspicuous and visible
 The loss of 3 incisors is a visible deformity. Loss of one incisor
is not. However, loss of one tooth which impaired appearance
is a deformity
 Deformity by loss of teeth refers to injury which cannot be
impaired by the action of the nature
 Loss of both outer ears constitutes deformity and also loss of
the power to hear. Meanwhile, loss of the lobule of the ear is
only a deformity
LESS SERIOUS PHYSICAL INJURIES

ELEMENTS:
1. That the offended party is incapacitated for labor for 10 days
or more (but not more than 30 days), or needs medical
attendance for the same period of time
2. That the physical injuries must not be those described in the
preceding articles

Circumstances qualifying the offense:

1. when there is manifest intent to insult or offend the injured
person
2. when there are circumstances adding ignominy to the offense
3. when the victim is either the offender’s parents, ascendants,
guardians, curators or teachers
4. when the victim is a person of rank or person in authority,
provided the crime is not direct assault
LESS SERIOUS PHYSICAL INJURIES

 It falls under this article even if there was no

incapacity but the medical treatment was for
13 days
 In this article, the offended party is
incapacitated from work for ten (10) days or
more but not more than thirty (30) days. If the
injury causes the illness of the victim, the
healing duration must be more than nine (9)
days but not more than thirty (30) days.
SLIGHT PHYSICAL INJURIES
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9
days or required medical attendance during the same period
2. That which did not prevent the offended party from engaging
in his habitual work or which did not require medical
attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury
(ex. slapping but without causing dishonor)

 This involves even ill-treatment where there is no sign of

injury requiring medical treatment.
 Slapping the offended party is a form of ill-treatment which is
a form of slight physical injuries.
RAPE
ELEMENTS:
Rape is committed
1. By a man who have carnal knowledge of a woman under any
of the following circumstances:
 through force, threat or intimidation
 when the offended party is deprived of reason or
otherwise unconscious
 by means of fraudulent machination or grave abuse of
authority
 when the offended party is under 12 years of age or is
demented, even though none of the circumstances mentioned
above be present
RAPE

Rape is committed
By any person who, under any of the circumstances
mentioned in par 1 hereof, shall commit an act of
sexual assault by inserting
 his penis into another person’s mouth or anal
orifice, or
 any instrument or object, into the genital or anal
orifice of another person
RAPE
 Because of this amendment which reclassified rape as a crime
against persons, an impossible crime may now be committed in
case of rape; that is, if there is inherent impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means.

Classification of rape
 Traditional concept under Article 335 – carnal knowledge with a
woman against her will. The offended party is always a woman
and the offender is always a man.
 Sexual assault - committed with an instrument or an object or
use of the penis with penetration of mouth or anal orifice. The
offended party or the offender can either be man or woman,
that is, if a woman or a man uses an instrument on anal orifice
of male, she or he can be liable for rape.
KIDNAPPING AND SERIOUS ILLEGAL
DETENTION

ELEMENTS:
1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner
deprives the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following
circumstances are present (becomes serious)
5. that the kidnapping/detention lasts for more than 3 days
6. that it is committed simulating public authority
7. that any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made, or
8. that the person kidnapped or detained is a minor (except if
parent is the offender), female or a public officer
KIDNAPPING AND SERIOUS ILLEGAL
DETENTION

 Forcible abduction -- If a woman is transported from

one place to another by virtue of restraining her of
her liberty, and that act is coupled with lewd designs.
 Serious illegal detention – If a woman is transported
just to restrain her of her liberty. There is no lewd
design or lewd intent.
 Grave coercion – If a woman is carried away just to
break her will, to compel her to agree to the demand
or request by the offender.
SLIGHT ILLEGAL DETENTION

ELEMENTS:
1. Offender is a private person
2. He kidnaps or detains another or in any other
maner deprives him pof his liberty / furnished place
for the perpetuation of the crime
3. That the act of detention or kidnapping must be
illegal
4. That the crime is committed without the attendant
of any of the circumstances enumerated in Art 267
UNLAWFUL ARREST

ELEMENTS:
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to
the proper authorities
3. That the arrest or detention is not authorized by law
or there is no reasonable ground therefor

Offender is any person, so either a public officer or

private individual
UNLAWFUL ARREST

• This felony consists in making an arrest or detention

without legal or reasonable ground for the purpose of
delivering the offended party to the proper
authorities.
• The offended party may also be detained but the
crime is not illegal detention because the purpose is
to prosecute the person arrested. The detention is
only incidental; the primary criminal intention of the
offender is to charge the offended party for a crime
he did not actually commit.
QUALIFIED TRESPASS TO DWELLING

ELEMENTS:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.

DWELLING – This is the place that a person inhabits. It

includes the dependencies which have interior
communication with the house. It is not necessary that it
be the permanent dwelling of the person. So, a person’s
room in a hotel may be considered a dwelling. It also
includes a room where one resides as a boarder.
QUALIFIED TRESPASS TO DWELLING

 Qualifying circumstance: if the offense is committed

by means of violence or intimidation, the penalty is
higher
 “Against the will” -- This means that the entrance is,
either expressly or impliedly, prohibited or the
prohibition is presumed. Fraudulent entrance may
constitute trespass. The prohibition to enter may be
made at any time and not necessarily at the time of
the entrance.
QUALIFIED TRESPASS TO DWELLING

Distinction between qualified trespass to dwelling and

violation of domicile
Unlike qualified trespass to dwelling, violation of
domicile may be committed only by a public officer or
employee and the violation may consist of any of the
three acts mentioned in Article 128 – (1) entering the
dwelling against the will of the owner without judicial
order; (2) searching papers or other effects found in
such dwelling without the previous consent of the
owner thereof; and (3) refusing to leave the dwelling
when so requested by the owner thereof, after
having surreptitiously entered such dwelling.
MALICIOUS MISCHIEF

ELEMENTS:
1. That the offender deliberately caused damage to the
property of another.
2. That such act does not constitute arson or other crimes
involving destruction.
3. That the act damaging another’s property be committed
merely for the sake of damaging it.

 MALICIOUS MISCHIEF – willful damaging of another’s

property for the sake of causing damage due to hate,
revenge or other evil motive. Example. Killing the cow as
revenge
 If no malice – only civil liability
SPECIAL CASES OF MALICIOUS
MISCHIEF

1. Obstruct performance of public functions.

2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among
cattle.
4. Damage to property of national museum or
library, archive, registry, waterworks, road,
promenade, or any other thing used in
common by the public.
OTHER MISCHIEF

ELEMENTS: (not included in Article 328)

1. scattering human excrement
2. killing of cow as an act of revenge
 The offender is punished according to the
value of the damage caused to the offended
party.
ADULTERY

ELEMENTS:
1. That the woman is married (even if
marriage subsequently declared void)
2. That she has sexual intercourse with a man
not her husband.
3. That as regards the man with whom she
has sexual intercourses, he must know her
to be married.
CONCUBINAGE

ELEMENTS:
1. That the man must be married.
2. That he committed any of the following acts:
Keeping a mistress in the conjugal dwelling; Having
sexual intercourse under scandalous
circumstances with a woman who is not his wife;
Cohabiting with her in any other place.
3. That as regards the woman she must know him to
be married.
BIGAMY

ELEMENTS:
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved
or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according
to the civil code.
3. That he contracts a second or subsequent
marriage.
4. That the second or subsequent marriage has all the
essential requisites for validity.
BIGAMY

 Bigamy is a PUBLIC CRIME

 In Bigamy, the first marriage must be valid.
However, if the first marriage is void from the
beginning, such nullity of the marriage is not a
defense in a charge of bigamy.
 There is a need for judicial declaration of nullity
therefore.
 The second marriage must have all the essential
requisites for validity were it not for the existence of
the first marriage.
ACTS OF LASCIVIOUSNESS

ELEMENTS:
1. That the offender commits any act of
lasciviousness or lewdness.
2. That it is done under any of the following
circumstances: by using force or intimidation, or;
when the offended party is deprived of reason or
otherwise unconscious, or; when the offended party
is under 12 years of age.
3. That the offended party is another person of either
sex.
QUALIFIED SEDUCTION OF A VIRGIN

Two classes of qualified seduction:

 Seduction of a virgin over 12 and under 18
years of age by certain persons, such as a
person in authority, priest, teachers etc and
 Seduction of a sister by her brother or
descendant by her ascendant, regardless of
her age or reputation (incestuous seduction)
QUALIFIED SEDUCTION OF A VIRGIN

Elements:
1. That the offended party is a virgin, (presumed if she
unmarried and of good reputation.)
2. That she must be over 12 and under 18 years of
age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or
relationship on the part of the offender ( person
entrusted with education or custody of victim;
person in public authority, priest; servant)
FORCIBLE ABDUCTION

ELEMENTS:
1. That the person abducted is any woman, regardless of her
age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.

 Sexual intercourse is NOT necessary

 Crimes against chastity where age and reputation of victim are
immaterial: rape, acts of lasciviousness, qualified seduction of
sister/descendant, forcible abduction
CONSENTED ABDUCTION

ELEMENTS:
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of
age.
3. That the taking away of the offended party must be
with her consent, after solicitation or cajolery from
the offender.
4. That the taking away of the offended party must be
with lewd designs.
CONSENTED ABDUCTION

 VIRGINITY may be presumed from the fact that the

offended party is unmarried and has been leading moral life.
Virginity or maidenhood should not be understood in such a
matter of fact as to completely exclude a woman who has
had previous sexual intercourse. If the previous sexual
intercourse was the result of the crime of rape, the
intercourse committed with her against he will and over her
violent objection should not render her unchaste and a
woman of bad reputation.
 If the virgin in under 12 years old, the crime committed is
forcible abduction because of the theory that a child below
12 years of age has no will of her own.
WHITE SLAVE TRADE

Acts penalized:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the service of women for the purpose of
prostitution
 A white slave is a woman held unwillingly for
purposes of commercial prostitution.
 A white slaver on the other hand is one engaged in
white slave traffic, procurer of white slaves or
prostitutes.
WHITE SLAVE TRADE

 The most common way of committing this

crime would be through the maintenance of a
bar or saloon where women engage in
prostitution. For each intercourse, the women
pay the maintainer or owner of a certain
amount in this case, the maintainer of owner
of the bar or saloon is liable for white slave
trade.
CORRUPTION OF MINORS

Act punishable:
 By promoting or facilitating the prostitution or
corruption of persons underage to satisfy the lust of
another
 It is not required that the offender be the guardian or
custodian of the minor.
 It is not necessary that the minor be prostituted or
corrupted as the law merely punishes the act of
promoting or facilitating the prostitution or corruption
of said minor and that he acted in order to satisfy the
lust of another.
CORRUPTION OF MINORS

 A single act of promoting or facilitating the corruption

or prostitution of a minor is sufficient to constitute
violation of this article.
 What the law punishes is the act of pimp (bugaw)
who facilitates the corruption of a minor.
 * Young minor should enjoy a good reputation.
Apparently, a prostitute above 12 and under 18
years of age cannot be the victim in the crime of
corruption of minors.
LIBEL

ELEMENTS:
1. That there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstances.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed at a natural or
juridical person, or one who is dead.
5. That the imputation must tend to cause the
dishonor, discredit or contempt of the person
defamed.
LIBEL

 LIBEL is a public and malicious imputation of a

crime, or a vice or defect, real or imaginary or any
act, commission, condition, status or circumstances
tending to cause the dishonor, discredit or contempt
of a natural or juridical person, or to blacken the
memory of one who is dead
 Libel/Perjury-false accusation need not be made
under oath/false accusation is made under oath
PERSONS RESPONSIBLE FOR LIBEL

Who are liable:

1. person who publishes, exhibits or causes the
publication or exhibition of any defamation in
writing or similar means(par.1)
2. author or editor of a book or pamphlet
3. editor or business manager of a daily newspaper
magazine or serial publication(par.2)
4. owner of the printing plant which publishes a
libelous article with his consent and all other
persons who in any way participate in or have
connection with its publication (US v Ortiz)
ORAL DEFAMATION / SLANDER

Two Kinds of Oral Defamation:

1. action of a serious and insulting nature (Grave slander)
2. light insult or defamation – not serious in nature (simple
slander)

Factors that determine gravity of the offense:

1. expressions used
2. personal relations of the accused and the offended party
3. circumstances surrounding the case
SLANDER BY DEED

ELEMENTS:
1. That the offender performs any act not included in any
other crime against honor.
2. That such act is performed in the presence of other person
or persons.
3. That such act casts dishonor, discredit or contempt upon
the offended party.

 Slander by deed is a defamation committed by the offender

against the complainant through the performance of any
act which casts dishonor, discredit or contempt upon
another person.
INCRIMINATING INNOCENT PERSON

ELEMENTS:
1. That the offender performs an act.
2. That by such act he directly incriminates or imputes
to an innocent person the commission of a crime.
3. That such act does not constitute perjury.

Two Kinds:
making a statement which is defamatory or perjurious
(if made under oath and is false) planting evidence
ESTAFA

ELEMENTS OF ESTAFA IN GENERAL: (315)

1. That the accused defrauded another (a.) by abuse of
confidence, or (b) or means of deceit and
2. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person

 The concept of damage under this article does not mean

actual or real damage. It may consist in mere disturbance of
the property rights of the offended party. However, the
damage must be capable of pecuniary estimation. This
requirement is important because in estafa, the penalty is
dependent on the value of the property.
ESTAFA

ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315)

1. That the offender has an onerous obligation to deliver
something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.

• The accused does not receive the goods but delivers a thing
under an onerous obligation which is not in accordance with
the substance, quantity or quality agreed upon. It is the
altering of the substance, quality or quantity of the thing
delivered which makes the offender liable for the crime of
estafa.
ESTAFA

ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE

UNDER SUBDIVISION NO.1 PAR. (B), OF ART.315
1. That money, goods, or other personal property be received
by the offender in trust, or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of or to return, the same.
2. That there be misappropriation or conversion of such
money or property by the offender, or dental on his part of
such receipt.
3. that such misappropriation or conversion or dental is to the
prejudice of another and
4. That there is a demand made by the offended party to the
offender.
ESTAFA

ELEMENTS OF ESTAFA BY TAKING UNDUE

ADVANTAGE OF THE SIGNATURE IN BLANK:
(315)
1. That the paper with the signature of the offended
party be in blank.
2. That the offended party should have delivered it to
offender.
3. That above the signature of the offended party a
document is written by the offender without authority
to do so.
4. That the document so written creates a liability of, or
causes damage to, the offended party or any third
person.
ESTAFA

ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)

1. that there must be a false pretense, fraudulent means must
be made or executed prior to or
2. That such false pretense, fraudulent act or fraudulent means
must be made or executed prior to or simultaneously with the
commission of the fraud.
3. That the offended party must have relied on the false
pretense, fraudulent act, or fraudulent means, that is, he was
induced to part with his money or property because of the
false pretense, fraudulent act, or fraudulent means.
4. That as a result thereof, the offended party suffered damage.
ROBBERY IN GENERAL

ROBBERY – This is the taking of personal property

belonging to another, with intent to gain, by means
of violence against, or intimidation of any person, or
using force upon anything.
ELEMENTS:
 That there be personal property belonging to
another.
 That there is unlawful taking of that property.
 That the taking must be with intent to gain, and
 That there is violence against or intimidation of any
person, or force upon anything.
ROBBERY IN GENERAL

Two kinds of robbery: 1) robbery with violence or

intimidation and 2) robbery with force upon things.
 Belonging to another – person from whom property
was taken need not be the owner, legal possession
is sufficient
 Taking of personal property – must be unlawful; if
given in trust – estafa
 * The taking of the property must be coupled with the
intention to permanently deprive the offended party
of his possession of the things taken.
ROBBERY IN GENERAL

 As to robbery with violence or intimidation – from the

moment the offender gains possession of the thing
even if offender has had no opportunity to dispose of
the same, the unlawful taking is complete
 As to robbery with force upon things – thing must be
taken out of the building
 Intent to gain – presumed from unlawful taking
 Use of force upon things – entrance to the building
by means described in arts 299 and 302 (offender
must enter)
ROBBERY IN GENERAL

Robbery and Theft, compared.

1. Both robbery and theft involve unlawful taking or
asportation as an element;
2. Both involve personal property belonging to
another;
3. In both crimes, the taking is done with intent to gain;
4. In robbery, the taking is done either with the use of
violence or intimidation of person or the
employment of force upon things; whereas in theft,
the taking is done simply without the knowledge and
consent of the owner.
ANTI – CARNAPPING ACT (RA # 6539 )

 “Carnapping” is the taking, with intent to gain, of a

motor vehicle belonging to another without the latter’s
consent, or by means of violence against or
intimidation of persons, or by using force upon things.
 Any vehicle which is motorized using the streets which
are public, not exclusively for private use is covered
within the concept of motor vehicle under the Anti-
Carnapping Law. A tricycle which is not included in the
enumeration of exempted vehicles under the
Carnapping Law is deemed to be motor vehicle as
defined in the law, the stealing of which comes within
its penal sanction.
ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSON

Acts punished as robbery with violence against

or intimidation of persons
1. By reason or on occasion of the robbery,
the following are committed:
 homicide
 robbery accompanied with rape or intentional
mutilation, SPI – insane, imbecile, impotent or
blind
 SPI – lost the use of speech, hear, smell, eye,
hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in
ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSON

2. Violence/intimidation shall have been carried

to a degree clearly unnecessary for the
crime or when in the cause of its execution
– SPI/deformity, or shall have lost any part
of the body or the use thereof or shall have
been ill or incapacitated for the performance
of the work for > 90 days; > 30 days
3. Any kind of robbery with less serious
physical injuries or slight physical injuries
ROBBERY WITH HOMICIDE

 if original design is robbery and homicide is

committed – robbery with homicide even though
homicide precedes the robbery by an appreciable
time.
 If original design is not robbery but robbery was
committed after homicide as an afterthought – 2
separate offenses.
 Still robbery with homicide – if the person killed was
an innocent bystander and not the person robbed
and if death supervened by mere accident.
ROBBERY WITH HOMICIDE

 The original criminal design of the culprit must be Robbery and

the Homicide is perpetrated with a view to the consummation of
the Robbery.
 If death results or even accompanies a robbery, the crime will
be robbery with homicide provided that the robbery is
consummated.
 As long as the criminal objective or plan is to rob, whether the
killing committed by reason or on occasion thereof is intentional
or accidental, the crime is Robbery with Homicide. As long as
there was killing when Robbery was taking place, Robbery with
Homicide was committed, the killing occurring on the occasion
thereof.
ROBBERY WITH RAPE

 intent to commit robbery must precede rape.

 Prosecution of the crime need not be by offended
party – fiscal can sign the information.
 When rape and homicide co-exist, rape should be
considered as aggravating only and the crime is still
robbery with homicide
 Article 48 is not applicable to this crime because
robbery is not a necessary means for the
commission of rape. Neither is rape necessary to
commit robbery.
ROBBERY WITH RAPE

 Pardon by the offended party will not alter the

criminal liability of the offender because in robbery
with rape, the crime committed is not a crime against
chastity but a crime against property. Even under the
present amendment which classifies rape as a crime
against person, the change has no legal effect on
the provision of Article 294 since the special complex
crime of robbery with rape is considered, by express
provision of law, a single crime notwithstanding that
there is a plurality of crimes committed.
ROBBERY WITH INTIMIDATION

 acts done by the accused which by their own nature

or by reason of the circumstances inspire fear in the
person against whom they are directed
Qualifying circumstances in robbery with violence or
intimidation of persons:
1. an uninhabited place or by a band or
2. by attacking a moving train, street car, motor vehicle
or airship, or
3. by entering the passenger’s compartments in a train,
or in any manner taking the passengers thereof by
surprise in the respective conveyances, or
4. on a street, road, highway or alley and the
intimidation is made with the use of firearms,
ROBBERY BY A BAND

BAND is defined as consisting of at least four armed

malefactors organized with the intention of carrying
out any unlawful design. Their participation in the
commission of the crime must be actual.
Liability for the acts of the other members of the band
1. he was a member of the band
2. he was present at the commission of a robbery by
that band
3. other members of the band committed an assault
4. he did not attempt to prevent the assault
ROBBERY BY A BAND

 Conspiracy to commit robbery with homicide

– even if less than 4 armed men
 Conspiracy to commit robbery only but
homicide was committed also on the
occasion thereof – all members of the band
are liable for robbery with homicide
 Unless the others attempted to prevent the
assault – guilty of robbery by band only
ROBBERY WITH FORCE UPON
THINGS

ELEMENTS:
1. That the offender is inside a dwelling house, public
building, or edifice devoted to religious worship,
regardless of the circumstances under which he
entered it
2. That the offender takes personal property belonging
to another with intent to gain, under any of the
following circumstances.
3. by the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle,
or
4. by taking such furniture or objects away to be broken
or forced open outside the place of the robbery.
ROBBERY WITH FORCE UPON
THINGS

 Entrance ( no matter how done)

 If the entering does not characterize the taking inside
as one of robbery with force upon things, it is the
conduct inside that would give rise to the robbery if
there would be a breaking of sealed, locked or
closed receptacles or cabinet in order to get the
personal belongings from within such receptacles,
cabinet or place where it is kept.
 Offender may be servants or guests
ROBBERY WITH FORCE UPON
THINGS

 A friend who has invited in a house and who enters a

room where he finds a closed cabinet where money
is kept, is guilty of robbery if he forcibly opens the
said cabinet and takes the money contained therein.
 When sealed box is taken out for the purpose of
breaking it, no need to open – already consummated
robbery
 Estafa – if box is in the custody of accused
 Theft – if box found outside and forced open
ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND

 Inhabited house – Any shelter, ship, or vessel

constituting the dwelling of one or more persons,
even though the inhabitants thereof shall temporarily
be absent therefrom when the robbery is committed.
 Public building – Includes every building owned by
the government or belonging to a private person but
used or rented by the government, although
temporarily unoccupied by the same.
 dependencies – are all interior courts, corrals,
warehouses, granaries or enclosed places:
1. contiguous to the building
2. having an interior entrance connected therewith
3. which form part of the whole
ROBBERY IN AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING

ELEMENTS:
1. That the offender entered an uninhabited place or a
building which was not a dwelling house, not a
public building, or not an edifice devoted to religious
worship.
2. That any of the following circumstances was
present: (next slide)
3. That entrance was effected through an opening not
intended for entrance or egress.
4. That with intent to gain the offender took therefrom
personal property belonging to another.
ROBBERY IN AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING

ANY OF THE FOLLOWING ARE PRESENT:

 A wall, roof, floor, or outside door or window was
broken.
 The entrance was effected through the use of false
keys, picklocks or other similar tools.
 A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken or
 A closed or sealed receptacle was removed, even if
the same be broken open elsewhere.
ILLEGAL POSSESSION OF
PICKLOCKS OR SIMILAR TOOLS

ELEMTS:
1. That the offender has in his possession
picklocks or similar tools.
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery.
3. That the offender does not have lawful
cause for such possession.
THEFT

ELEMENTS:
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the
owner.
5. That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things.
THEFT

PERSONS LIABLE:
1. Those who with intent to gain but without violence
against or intimidation of persons nor force upon
things take personal property of another without the
latter’s consent.
2. Those having found lost property fail to deliver the
same to local authorities or its owner.
3. Those who after having maliciously damaged the
property of another remove or make use of the fruits
or object of the damage caused by them.
4. Those who enter an enclosed estate or a field where
trespass is forbidden or which belongs to another
and, without the consent of its owner hunts or fish
upon the same or gather fruits, cereals or other forest
or farm products
QUALIFIED THEFT

THEFT IS QUALIFIED WHEN:

1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
 motor vehicle
 mail matter
 large cattle
 coconut from plantation
 fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS

ELEMENTS OF ARSON
1. That the property burned is the exclusive
property of the offender
2. That (a) the purpose of the offender is
burning it is to defraud or cause damage to
another or (b) prejudice is actually caused,
or (c) the thing burned is a building in an
inhabited place
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS

Legal effect if death results from arson.

 Death is absorbed in the crime of arson but the penalty to be
imposed ranges from reclusion perpetua to death. (Sec. 5, P.D.
No. 1613)
 How arson is established.
 Arson is established by proving the corpus delicti, usually in the
form of circumstancial evidence such as the criminal agency,
meaning the substance used, like gasoline, kerosene or other
form of bustible materials which caused the fire. It can also be
in the form of electrical wires, mechanical, chemical or
electronic contrivance designed to start a fire; ashes or traces
of such objects which are found in the ruins of the burned
premises.
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS

ELEMENTS OF ARSONS OF PROPERTY OF

SMALL VALUES
1. That an uninhabited hut, storehouse, barn, shed or
any other property is burned
2. That the value of the property burned does not
exceed 25 pesos
3. That the burning was done at a time or under
circumstances which clearly exclude all danger of
the fire spreading
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS

ELEMENTS OF CRIME INVOLVING

DESTRUCTION
1. That the offender causes destruction of the
property
2. That the destruction was done by means of:
 explosion
 discharge of electric current
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS

 inundation
 sinking or stranding of a vessel
 damaging the engine of the vessel
 taking up rails from the railway track
 destroying telegraph wires and posts or
those of any other system
 other similar effective means of destruction
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS

ELEMENTS OF BURNING ONE’S PROPERTY

AS A MEANS TO COMMIT ARSON
1. That the offender set fire to or destroyed his
own property
2. That the purpose of the offender in doing so
was to commit arson or to cause a great
destruction
3. That the property belonging to another was
burned or destroyed
DIRECT BRIBERY

Bribery refers to the act of the receiver and the act of the giver
is corruption of public official.
ELEMENTS:
 That the offender be a public officer within the scope of Art
203
 That the offender accepts an offer or promise or receives a
gift or present by himself or through another
 That such offer or promise be accepted or gift/present
received by the public officer (mere agreement
consummates the crime) That the act which the offender
agrees to perform or which he executes be connected with
the performance of his official duties
DIRECT BRIBERY

Such offer or promise be accepted or gift/present received by the

public officer:
1. with a view to committing some crime (delivery of
consideration is not necessary) or
2. in consideration of an execution of an act which does not
constitute a crime, but the act must be unjust (delivery of
consideration is necessary), or
3. to refrain from doing something which is his official duty to do

 For purposes of this article, temporary performance of public

functions is sufficient to constitute a person a public officer.
 A private person may commit this crime only in the case in
which custody of prisoners is entrusted to him
DIRECT BRIBERY

Bribery exists when the gift is:

1. voluntarily offered by a private person
2. solicited by the public officer and voluntarily
delivered by the private person
3. solicited by the public officer but the private person
delivers it out of fear of the consequences should
the public officer perform his functions (here the
crime by giver is not corruption of public officials
due to involuntariness)
INDIRECT BRIBERY

Indirect bribery, the public officer receives or accepts gifts,

money or anything of value by reason of his office. If there is
only a promise of a gift or money, no crime is committed
because of the language of the law which uses the phrase
“shall accept gifts.”

ELEMENTS:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.
4. The gift is given in anticipation of future favor from the
public officer
INDIRECT BRIBERY

 There must be clear intention on the part of the

public officer to take the gift offered and consider the
property as his own for that moment. Mere physical
receipt unaccompanied by any other sign,
circumstance or act to show such acceptance is not
sufficient to convict the officer

 There is no attempted or frustrated indirect bribery

QUALIFIED BRIBERY

ELEMENTS:
1. Public officer entrusted with law enforcement
2. Refrains from arresting/prosecuting offender for crime
punishable by reclusion perpetua and/or death
3. (if lower penalty than stated above, the crime is direct
bribery)
4. In consideration of any offer, promise or gift
 Note that the penalty is DEATH if the public officer is the one
who asks or demands such present.
 He need not receive the gift or present because a mere offer or
promise is sufficient.
CORRUPTION OF PUBLIC OFFICIALS

ELEMENTS:
1. That the offender makes offers or promises or gives
gifts or present to a public officer.
2. That the offers or promises are made or the gifts or
presents given to a public officer, under
circumstances that will make the public officer liable
for direct bribery or indirect bribery
3. The offender is the giver of the gift or the offeror of
the promise. The act may or may not be
accomplished
ILLEGAL EXACTIONS

ELEMENTS:
 The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts.
 He is guilty of any of the following acts or omissions:
1. demanding, directly or indirectly the payment of sums
different from or larger than those authorized by law, or
2. failing voluntarily to issue a receipt, as provided by law, for
any sum of money collected by him officially, or
3. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature different
from that provided by law.
ILLEGAL EXACTIONS

 May be complexed with malversation

 Note that this is often committed with
malversation or estafa because when a
public officer shall demand an amount
different from what the law provides, it can be
expected that such public officer will not turn
over his collection to the government.
PROHIBITED TRANSACTIONS
ELEMENTS:
1. That the offender is an appointive public officer.
2. That he becomes interested, directly or indirectly, in any
transaction of exchange or speculation.
3. That the transaction takes place within the territory subject to
his jurisdiction.
4. That he becomes interested in the transaction during his
incumbency.

Examples of transactions of exchange or speculation are:

buying and selling stocks, commodities, land etc wherein one
hopes to take advantage of an expected rise or fall in price
MALVERSATION OF PUBLIC FUNDS
OR PROPERTY

ELEMENTS COMMON TO ALL ACTS MALVERSATION OF

PUBLIC FUNDS OR PROPERTY :
• That the offender be a public officer (or private person if
entrusted with public funds or connived with public officers)
• That he had the custody or control of funds or property (if not
accountable for the funds, theft or qualified theft)
• That those funds or property were public funds or property
(even if private funds if attached, seized, deposited or
commingled with public funds)
• That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any
other person to take such public funds or property. (it is not
necessary that the offender profited thereby. His being remiss in
the duty of safekeeping public funds violates the trust reposed)
MALVERSATION OF PUBLIC FUNDS
OR PROPERTY

Concept of Malversation:
It consists in the misappropriation or conversion of public funds or
property to one’s personal use or knowingly, or through
abandonment or negligence allowing other to use or
appropriate the same. The offender is made liable because of
the nature of his duties to take care of the funds or property
entrusted to him with the diligence of a good father of a family.
He is accountable by virtue of the nature of his office to account
for funds or properties that come to his possession. If he is not
accountable for the funds or properties and he misappropriates
the same, the crime will not be malversation but estafa under
Article 315.
MALVERSATION OF PUBLIC FUNDS
OR PROPERTY

* This crime is predicated on the relationship of

the offender to the property or funds
involved. The offender must be accountable
for the property misappropriated. If the fund
or property, though public in character is the
responsibility of another officer, malversation
is not committed unless there is conspiracy.
MALVERSATION OF PUBLIC FUNDS
OR PROPERTY

 When a public officer has official custody or the duty to collect

or receive funds due the government, or the obligation to
account for them, his misappropriation of the same constitutes
malversation
 * Note that the moment any money is commingled with the
public fund even if not due the government, it becomes
impressed with the characteristic of being part of public funds.
Once they are commingled, you do not know anymore which
belong to the government and which belong to the private
persons. So that a public vault or safe should not be used to
hold any fund other that what is due to the government.
FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS

ELEMENTS:
 That the offender is a public officer, whether in the
service or separated therefrom.
 That he must be an accountable officer for public
funds property.
 That he is required by law or regulation to render
accounts to the commission on audit, or to a
provincial auditor.
 That he fails to do so for a period of two months after
such accounts should be rendered
FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS

The public officers who are bound to render accounts

are the following:
1. cashiers
2. storekeepers
3. warehousemen and
4. those who by the nature of their position become
custodian or public funds or property.
 Demand and misappropriation are not necessary
CONNIVING WITH OR CONSENTING
TO EVASION

ELEMENTS:
 That the offender is a public officer (on duty).
 That he is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final judgment.
 That such prisoner escaped from his custody
 That he was in connivance with the prisoner in the latter’s
escape

DETENTION PRISONER: refers to a person in legal custody,

arrested for and charged with some crime or public offense
EVASION THROUGH NEGLIGENCE

ELEMENTS:
1. That the offender is a public officer.
2. That he is charged with the conveyance or custody
of a prisoner, either detention prisoner or prisoner
by final judgment.
3. That such prisoner escapes through his negligence.
 Penalty based on nature of imprisonment
 The article punishes a definite laxity which amounts
to deliberate non-performance of a duty
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

ELEMENTS:
1. That the offender is a public officer, employee, or
notary public.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of
the following acts:
– Counterfeiting or imitating any handwriting,
signature or rubric.
– Causing it to appear that persons have
participated in any act or proceeding when they
did not in fact so participate.
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

– Attributing to persons who have participated in an

act or proceeding statements other than those in
fact made by them.
– Making untruthful statements in a narration of
facts;
– Altering true dates.
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

– Making any alteration or intercalation in a genuine

document which changes its meaning. Issuing in
an authenticated form a document purporting to
be a copy of an original document when no such
original exists, or including in such copy a
statement contrary to, or different from, that of the
genuine original; (if no knowledge, falsification
through negligence) orIntercalating any
instrument or note relative to the issuance thereof
in a protocol, registry, or official book. (genuine
document)
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

 Alteration or changes to make the document

speak the truth do not constitute falsification.
(US vs. Mateo, 25 Phil. 324)
 Persons liable – public officer, employee or
notary public or ecclesiastical minister
 Either he has duty to intervene in the
preparation of the document or it may be a
situation wherein the public officer has official
custody of the document.
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

 DOCUMENT: Any written instrument which

establishes a right or by which an obligation is
extinguished. A deed or agreement executed by a
person setting forth any disposition or condition
wherein rights and obligations may arise.
 * Writing may be on anything as long as it is a
product of the handwriting, it is considered a
document.
 Not necessary that what is falsified is a genuine or
real document, enough that it gives an appearance
of a genuine article
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

 As long as any of the acts of falsification is

committed, whether the document is genuine or not,
the crime of falsification may be committed. Even
totally false documents may be falsified.
 COUNTERFEITING – imitating any handwriting,
signature or rubric
 FEIGNING – simulating a signature, handwriting, or
rubric out of one of which does not in fact exist
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER

THERE ARE FOUR KINDS OF DOCUMENTS:

1. Public document in the execution of which, a person
in authority or notary public has taken part;
2. Official document in the execution of which a public
official takes part;
3. Commercial document or any document recognized
by the Code of Commerce or any commercial law;
and
4. Private document in the execution of which only
private individuals take part.
FALSIFICATION OF PUBLIC, OFFICIAL, OR
COMMERCIAL DOCUMENT BY A PRIVATE
INDIVIDUAL (par 1)

ELEMENTS
1. That the offender is a private individual or a
public officer or employee who did not take
advantage of his official position.
2. That he committed any of the acts of
falsification enumerated in ART. 171.
FALSIFICATION OF PUBLIC, OFFICIAL, OR
COMMERCIAL DOCUMENT BY A PRIVATE
INDIVIDUAL (par 1)

 Under this paragraph, damage is not essential, it is

presumed
 If the falsification of public, official or commercial
documents, whether they be public official or by
private individuals, it is not necessary that there be
present the idea of gain or the intent to injure a third
person. What is punished under the law is the
violation of public faith and the perversion of the truth
as solemnly proclaimed by the nature of the
document.
FALSIFICATION UNDER PARAGRAPH 2 OF
ART. 172. OF PRIVATE DOCUMENT

ELEMENTS :
1. That the offender committed any of the acts of
falsification, except those in paragraph 7 and 8,
enumerated in art. 171.
2. That the falsification was committed in any private
document (must affect the truth or integrity of the
document)
3. That the falsification caused damage (essential
element; hence, no crime of estafa thru falsification
of private document) to a third party or at least the
falsification was committed with intent to cause such
damage.
FALSIFICATION UNDER PARAGRAPH 2 OF
ART. 172. OF PRIVATE DOCUMENT

 Not necessary that the offender profited or

hoped to profit from the falsification
 Criteria to determine whether the crime is
estafa only or falsification only :
 IF the falsification of the private document
was essential in the commission of estafa
because the falsification, estafa cannot be
committed, the crime is falsification; estafa
becomes the consequence of the crime.
USE OF FALSIFIED DOCUMENT (par.
3, art. 172)

ELEMENTS:
Introducing in a judicial proceeding:
1. That the offender knew that a document was
falsified by another person.
2. That the false document is embraced in art. 171 or
in any subdivisions nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in
any judicial proceeding. (intent to cause damage
not necessary)
USE OF FALSIFIED DOCUMENT (par.
3, art. 172)

Use in any other transaction:

1. That the offender knew that a document was
falsified by another person.
2. That the false document is embraced in art. 171 or
in any of subdivisions nos. 1 and 2 of art. 172.
3. That he used such documents (not in judicial
proceedings).
4. That the use of the documents caused damage to
another or at least was used with intent to cause
such damage.
USE OF FALSIFIED DOCUMENT (par.
3, art. 172)

 The user of the falsified document is deemed

the author of falsification, if:
 the use is so closely connected in time with
the falsification
 the user had the capacity of falsifying the
document
FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFCATES OF
MERIT OR SERVICE AND THE LIKE:

Persons liable:
1. Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate
(note: such certificate must refer to the illness or
injury of a person)
2. Public officer who issued a false certificate of merit
of service, good conduct or similar circumstances
3. Private individual who falsified a certificate under (1)
and (2)
USING FALSE CERTIFICATES

ELEMENTS:
1. That a physician or surgeon has issued a false
medical certificate, or a public officer has issued a
false certificate of merit or service, good conduct, or
similar circumstances, or a private person had
falsified any of said certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.