Quick Pointers in Criminal

Law
(Book 2(Complete))
Notes from Lecture of Fiscal Salva (Ret.)
Former Chief Prosecutor, City of Manila
JURISTS BAR REVIEW CENTER
August 14, 2015

Notes
This is not a complete transcript of the lecture
The slides are limited to brief annotations, which the
author humbly found remarkable and especially
enlightening.
Made these slides to combat sleepiness and be
productive, so forgive some typographical and
grammatical lapses

Prepared by:
Lawrence P. Villamar
(With cross-reference to my honey
bunch Panky Obbania)

Treason
Continuing crime
TWO WITNESS RULE Only crime requiring two credible
witnesses for the same overt act as way of proving
because war time is abnormal time.

Conspiracy & Proposal to Commit

Treason
Conspiracy need not be accepted in proposal to commit
treasin

Misprision of Treason
A crime of ommission
May only be committed by a Filipino citizen (note that
this is not expressly identified in the provision of the
law).
What must be reported is only conspiracy. If crime is
committed already, there can not be misprision if
unreported.

Piracy under PD 522

Stowaways may commit piracy undern PD 522, for the
purpose of which he is a stranger, unless he is invited
by the captain.

Act of Terrorism (RA 9372)

Sec. 49 acquittal or conviction under RA 9372 bars
prosecution for crimes enumerated under Sec. 3
defining acts of terrorism under which piracy is
included.

Kinds of Arbitrary Detention

See Art. 124 125 126 of RPC

Delay in Delivery of Detained

Persons (Art. 125)
Applies only to warrantless arrest

Delaying Release (Art. 126)

Process server may be held liable

Remedy to Delayed Realease

The speediest remedy is writ of habeas corpus

Expulsion (Art 127) vs Grave

Coercion (Art. 286)
If without lawful authority, then there may be grave
coercion.
Note that expulsion may only be committed by public
officer or piublic employee.

Violation of Domicile (Art. 128)

There must either be express or implied prohibition.
If entrance is through a window, there is prohibition as
the window is not meant to be a means of entry.
If entry is allowed, does not mean search is included
in permission.
If policeman leaves but returns, there may be unjust
vexation.

Search Warrant Maliciously Obtained

(Art. 129)
May also be liable for perjury as to obtain a search
warrant, police officer needs to execute an affidavit.
ABUSE IN THE SERVICE -If valid, policeman must not use
unreasonable or excessive force. He may be charged
with some other crime, if he serves the warrant with
unreasonable or excessive force.
If nightime or failure to return seized things not covered
by warrant, the violation of domicile becmes qualified.

Dangerous Drug Act Of 2002

PLANTING OF EVIDENCE - may be committed by any
person not only police officer, under Sec 29 of RA 9165.
NOTE: Sec. 25 on Liability of Public Officer for
Misappropriation etc was asked in the bar exam life
imprisonment to death, plus fine.

JOKE TIME
Fiscal Salva: When I lecture to police men, I ask them
why does their curriculum include Agriculture? Planting
of evidence, thats Agriculture. Tawa mga pulis!
(OVERHEARD) Police man in the audience: Hindi lang
dapat Agriculture, Janitorial Services din! Pag-lilinis ng
ebidensiya!
Fiscal Salva: Ang korapsyon talaga, kahit saan
PRIVATE JOKE from Stella Agustin: Ah, kaya pala yung
kakilala ko naka-iPhone!

Interruption of Religious Worship

Covers traditions religious worship
If not, may be covered by Art 131 Prohibition of
Peaceful Meeting

Offending Religious Feelings

Committing an offending act in a place devoted to
religious worship
There need not be worship at the time of commission
Must be related to religious ceremony
If not offending religious feeling, may be unjust
vexation.

Crimes Against Public Order (Title 3)

REBELLION - Rising publicly and taking arms against
the Government May be rephrased to public armed
uprising for purpose answering in the bar exam.
No mention of Judiciary, only Chief Executive or
Legislature in Art 134. But may be liable for Sedition
under Art 139.
SC: Common crimes committed in furtherance of
rebellion are absorbed. (PURPOSE TEST: political
motivation)
Rape can not be absorbed as it may not be committed
in furtherance of a political motivation

Rebellion (Art 134)

Rebellion may absorb murder if government recognizes
that the accused is a member of Sparrow or
liquidation unit of the New Peoples Army.
The court may take judicial notice and dIsmiss charge of
murder without prejudice to filing of rebellion

Inciting to Rebellion (Art 138)

Offender may not be one who is already committing
rebeallion against the government
Incite by means of speech, proclamations,
writings,emblems, banners, or other representations

Coup detat (Art 134-A)

To strike against the State
PURPOSE: To seize or diminish power of the State, but
not to overthrow it (unlike in rebellion).
May be committed without public uprising, but by swift
attack
In rebellion, there must be a multitude. In coup detat, a
single police officer may commit the crime.
In rebellion, address against entire Government. In coup
detat, directed against duly constituted authorities etc.
Common crimes deemed absorbed, unless personally
benefitted.

Sedition (Art 139)

Rise publicly and tumultuously
Manner and purpose enumerated in Art. 139 (1-5)
To despoil means to render useless.
Killing appreciated as a separate criminal act from
sedition as the provision of law does not include taking
of arms, unlike in rebellion.

Inciting to Sedition (Art 142)

No crime as proposal to commit sedition
May be charge as principal by inducement to inciting to
sedition
Mere vessel of rebel may not be convicted of rebellion
(see case of Ka Beltran)

Act of Terrorism
In advent of Human Security Act of 2007, use of
violence to demand government to give in to unlawful
demand is act of terrorism
Once convicted/acquitted, may no longer be charged
with rebellion.
Differentiate with complex crime(Art 48): In complex
crime, cri inal act seen in the eyes of the law as a single
offense and penalty is for serious crime in maximum
period. Whereas in act of terrorism, if not all requisites
are not proven, accused must be acquitted (unlike in
ordinary crime, court may convict for lesser offense)

Disloyalty of Public Officers (Art

137)
Three ways to commit (see codal provisions)
If acts committed by private person, he is liable for
rebellion, not for disloyalty
Only public officer or employee may commit this.

Violation of Parliamentary Immunity

(Art 145)
No criminal prosecution (Only for libel or oral
defamation) when committed in the performance of
official function.
Ammended by 1987 Constitution: now, only for crimes
with penalty of prision correctional
If policeman stops Congressman for violations with
penalty not greater than prision correccional committed
while he is on his way to Congress, policeman is liable.

Tending to Prevent Meetings of

Legislature
Meeting, broader than sessions (Art 143)

Direct Assault (Art 148)

Two ways to commit: (1) First way, may be committed
by anyone, and victim may be a private person (in
relation to purposes of rebellion/sedition, sans public
uprising); (2) Second way, victim is a public
officer/person in authority.
Always without public uprising.
In second way, offender knows the victim is a person in
authority/agent of persons in authority, as it is a
defiance of authority (may be physical injury only)
In second method, attack directed to performance or
past performance of authority

Persons in Authority/Agents (Art

152)
Person directly vested with jurisdiction. Barrio
captain/brgy chairman included, only within their
jurisdiction.
Agent of Persons in Authority election or appointment/
maintenance of public order/protection of life and
property/comes to aid of persons in authority
Lawyers, professors, SUCs person in authority while in
the performance of his duty
In relation to direct/indirect assaults
In relation to Art 151 Resistance/disobedience

Direct Assault
Victim should still be engaged in public service.
If attendant with qualifying circumstance of treachery,
then crime may be co mpolex crime of direct assault
with frustrated murder.

Qualifying circumstances
Offender use a weapon
When offender is a public officer
When offender is a person in authority
PENALTY in maximum period

Indirect Assault Art 149

There must be direct assault
Attack directed to persons coming to the aid persons in
authority
SC: Chief of Police is a person in authority.

Resistance (Art 151)

If resistance is serious, it is direct assault.

Unlawful Use of Publication (Art 154)

Not bearing real printers name
Offender must know what is publishing is false (false
news)

Alarm and Scandal (Art 155)

Charivari (see Boados Notes)
Midnight
Naked in public
If playing with organ, grave scandal as contrary to
morals.

Delivering Prisoners (Art 156)

Without custody, any person assisting in the escape of
prisoner
Off duty jail officers
PREVENTIVE IMPRISONMENT not covered
For escaped prisoner, offense is evasion of sentence
(there must be a final conviction) under Art 157

Evasion of Sentence (Art 157)

Destierro included though not imprisonment, it is
deprivation of liberty (Same comment with Atty/Dr
Gabao)

Evasion under Art 158

Ammended,see Art 98 2/5 deductions if did not escape
when afforded same opportunity
Note that there must be a proclamation of the President

Violation of Conditional Pardon (Art

159)
Subject to Presidents discretion, but must be accepted
by the convict.
Penalizes violation of condition.

Special Aggravating Circumstances

Habitual Deliquency Art 22/62(5)
Reiteracion
Recidivisim Art 14 (9)
Quasi Recidism Art 160
Cannot be offset

Forging Seal of President

Art 161 - person who forged the signature
Art 162 - person who used the document with forged
signature

Forgery (Art 169/Public Interest)

Only pertaining to treasury or bank notes.

Falsification under Art 171

There must not be colorable truth in statements (Para
4)

Falsification under Art 172

Ecclesiastical minister's liability only in connection with
status of persons. If not, then they are private
individuals (see Art. 172)
Semblance of similarity between genuine and false.

Falsification & Estafa

There can be no complex crime of falsification and
estafa (See Justice Mario Lopez handout)

Ursupation of Authority undeArt 177

No need to perform function to be liable

Fictitious Name (Art 178)

Conceal crime
Prevent justice/evading execution
Causing damage, may be estafa.
In relation: Anti Alias Law
Without judicial approval
Exception: celebrities, sports men

Illegal Use of Uniform

Uniform that represents authority
If uniform of prisoner, no liability under Art 179

False Testimony (Art 180/181)

Degree of punishment depending on the outcome under
Art 180 or against defendant. Trial needs to be
terminated.

Perjury
Testifying false before agencies not judicial
Executing a false affidavit
Mere contradiction no liability except if malicious and
proven with any other witnesses.

Grave Scandal (Art 200)

If windows are open, and private acts are open for
public view, there may be liability such as when a man
brings home his mistress to a private home.
Law aims to protect morals in general, not a single
individual

Vagrants And Prostitutes (Art 292)

Under this proviion, only female may be prostitute
(cross reference this with Child Abuse Law)

Crimes Committed by Public Officers

Public Officers by direct provision of law, election or
appointment (Art 203)
Malfeasance perfomance of an act which should not
be done
Misfeasance misperformance
Non feasance non performance an act which is
required to be done
Only a judge may be liable from Art 204 to 207; labor
arbiter, not judge though enjoying same salary and
rank
SC and other collegial courts justices my not be liable

Unjust Judgment
A judge who accepts a bribe and performs the act for
which he was bribe imay be liable for unjust judgment
and bribery (agree to perform an act constituting a
crime)

Betrayal of Trust by An Attorney (Art

209)
Consent of previous client is required,otherwise may be
liable under Art 209

Direct/Indirect Bribery (Art 210-211)

Gift - tangible thing, something you can touch, not
mere promise (Note: useful for indirect bribery since
coinsideration of promise expressly included in direct
bribery/qualified bribery ).
If lawful, the direct bribery of the second kind.
Except gift of small value not more than P50, 000,
usually given during joyous occasion*
Formal crime (must be consummated)

Malversation of Public Funds

Intentional or through negligence
People vs Tabuena (MIA)
Gabao: May be committed by private persons
entrusted with public funds. (property legally seized by
public authority, as depository)
Addl: as a co conspirator with public
officer/accomplice/accessory
Return of fund is equal to voluntary surrender, if
returned when demanded. If on trial, merely
extinguishes civil liability

Technical Malversation (Art 220)

Illegal use of public funds
Specific public purpose diverted to another public
purpose.

Maltreatment of Prisoners
May only be committed by one who has custody over
the prisoner. If not with custody, mere physical injury
only.

Abuse Against Chastity

Victim must always be female
If relatives of prisoners of victim, warden still liable?

Parricide
Only by blood relationship
Adopted children, not included

Exceptional Circumstances (Art 247)

Also applies to daughter not of age and living with
parents
Also include acts resulting from outrage (collateral
damage: reckless imprudence resulting to homicide
only)
People vs Abarca

Murder
Treachery does not absorb evident premeditation but
treated as generic aggravating circumstance

Physical Injury (Art 252)

Tumultuous affray at least four persons involved, can
not impute authorship of blows

Giving Assistance to Suicide

Penalty as if homicide is committed
No liability on the part of person who committed suicide
(remember it may be successful or unsuccessful)
If unsuccessful, lesser penalty of arresto mayor

Dicharge of Firearms
Best evidence of intention to kill is death of the victim
Can an offender be convicted of discharge of firearms
instead of attempted murder, if intent to kill is not
proven? Yes.

Infanticide
Less than three days of age
If more than said age, parricide or homicide
Conceal dishonor, only mitigating (Only mother can
claim this in abortion)

Mutilation
Two kinds: (1) intentional mutilation damage to sexual
organ; and (2) other organ

JOKE TIME
Fiscal Salva: Why does mutilation (Reclusion perpetual)
have a higher penalty than homicide (prision mayor)?
For one, the man can no longer fulfil his mandate to Go
Forth and Multiply. Second, he will be known as the
man without a weapon. Third, if the organ is not
severed, he will be known as the man with dead
weapon!

Physical injury
Depending on healing period
Except physical injury specifically denominated as
serious such as one that deforms the victim

Rape (Art 266)

New: fraudelent machination
New type of rape: sexual assault, by insertion his penis,
object, instrument to mouth or anal orifice.
Dont forget the two ways of committing rape in
defining rape!

Kidnapping & Illegal Detention

What is serious illegal detention
Differentiate kidnapping and detention
When is illegal detention serious
Slight- victim can only be male not minor or female (if
so, already serious)

Unlawful forrest
Purpose: delivering to authorities
Offender: Private Individuals/Off duty public officer

Slavery
Lesser penalty than kidnapping
Kidnapping means of committing
Services rendered for payment of debt (asked in the
bar)

Trespass to Dwelling Vs Other Forms

See absolutory (codal Art 280)
If dwelling is abandoned, merely tresspass to property
If homicide is afterthought of trespass, two crimes
results.

Threats and Coercion

Grave coercion lawful purpose. If unlawful, kidnapping
or forcible abduction
Ex: Lad wants to marry girl and deprived her liberty,
grave coercion. But if he is married, kidnapping results.
Black Mail Art 286 (publication for compensation

Robbery
Note the kinds of robbery (NOTE: Discussion is very
codal)
Special complex crime of robbery (favorite bar question)
Can homicide resulting from negligence during robbery
be complexed with crime of robbery? SC: No. See
original Spanish text of para 1 Art 294
Mere possession of pick locks penalized (preferatory act
punishable)
False key genuine key lost by owner. Mere possession
not punishable.

PD 532 (Highway Robbery

Brigandage)
Higher penalty than simple robbery
At least 4 armed man
Indiscriminate
SC: If there is only one victim targetted, there is no
highway robbery brigandage.

Theft
Taking, with abuse of confidence, is qualified theft.
Very codal discussion

Swindling and Other Deceits

Art 315 (2)(d) in rel to BP 22
Estafa issuance of check is efficient cause. If bounces, two
violation: one under RPC and BP 22.
Demand needed first. If within 3 days, it is paid, then no estafa.
If not,presumption that it was issued worthless, liable fo estafa.
If compromised, bars prosecution of BP 22 (Complete defense).
If dishonored, 5 banking days from notice (grace period).
Check issued for accomodation Etc, not a source of estafa
Mere non payment of board and lodging, collection for sum of
money only, not estafa.

Access Device Law

If fake card is used to purchase, liable for estafa and
special penal law of access device law.
Can not be complexed.

Grave Coercion vs Robbery

If a personal property is taken by owner against the will
of unlawful possessor is not robbery (no intent to gain),
but there is grave coercion (If lawful, estafa)

Arson
If somebody died, qualified arson.
If main purpose is to kill, crime is murder by means of
fire.
Malicious mischief incompatible with arson, as long as it
is due to hate to the prejudice of other persons.

BIGAMY
Punishment: Prision mayor (joke: with accesory penalty
of two mothers in law)
SC: No marriage, no bigamy where parties only signed
marriage certificate without license nor registration.
(Bangayan vs Bangayan)

Cyber Libel
Same elements in RPC
First accessed not proper laying of the venue, must
be same In RPC: where it was published or actual
residence of offended party.

Reckless Imprudence
Ivler case (double jeopardy)
In relation to complex crime under Art 48