Sie sind auf Seite 1von 39

RPC Book 2 and SPLs Bar Saturday Panic Reviewer

Copyright (2011) Roland Glenn T. Tuazon Ateneo de Manila School of Law Feel free to share, but no watermarking please

I: CRIMES AGAINST NATIONAL SECURITY TREASON (114) Modes: o A. Levying war against the Philippines by: 1. Assembling armed men 2. To achieve treasonous design by force o B. Adhering to the enemy, by giving aid or comfort Intent: o To deliver country to the enemy o If only to overthrow: rebellion Two-witness rule: o Quantity of witnesses is not enough; the witnesses must be credible. Each witness must testify to the same overt act. o No need for two-witnesses if there is confession in open court. Notes: o Only committed during war time o All persons are regarded as principals o Absorbs common crimes o Delito continuado o ISL does not apply o Articles 13 and 14 do not apply o Occupation of a State is not a defense; what matters is that the original government is still de jure Which aliens are liable for treason: o 1. Dual citizens who do not renounce Filipino citizenship o 2. Resident aliens Cases: o P v. Lozano: Sexual and social relations with Japanese soldiers do not materially improve their war effort.

Contents
I: CRIMES AGAINST NATIONAL SECURITY .................................. 1 II: CRIMES AGAINST FUNDAMENTAL LAW................................... 3 III: CRIMES AGAINST PUBLIC ORDER......................................... 5 IV: CRIMES AGAINST PUBLIC INTEREST ................................... 10 V: RELATED TO OPIUM ........................................................... 15 VI: CRIMES AGAINST PUBLIC MORALS .................................... 16 VII: CRIMES COMMITTED BY PUBLIC OFFICERS ......................... 16 VIII: CRIMES AGAINST PERSONS ............................................ 20 IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY .......... 26 X: CRIMES AGAINST PROPERTY ............................................... 29 XI: CRIMES AGAINST CHASTITY .............................................. 35 XII: CRIMES AGAINST CIVIL STATUS ....................................... 36 XIII: CRIMES AGAINST HONOR ............................................... 37 XIV: CRIMINAL NEGLIGENCE .................................................. 38

CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 1

Notes: o If they actually commit treason, this crime loses juridical personality o Need not be war time

PIRACY (122-3) Modes: o 1. Attacking or seizing a vessel on high seas or Philippine waters o 2. Seizing cargo, equipment, or personal belongings or complement or passengers on high seas or Philippine Waters Elements: o 1. Vessel in high seas or RP waters o 2. The offenders must not be members of the complement or passengers o 3. Commits either of the two modes above o 4. Intent to gain Crimes committed by crew members or passengers: o Mutiny if they unlawfully resist superior officer or raise disturbances on board o Robbery or theft Qualifying circumstances: o 1. Seized a vessel by boarding or firing upon it o 2. Pirates abandoned victims without means to save themselves o 3. Attended by murder, homicide, PI (includes attempted/frustrated homicide), or rape Notes: o RA 7659 added Philippine waters, not just high seas o PD 532 applies if the offenders were purposely organized not just for one act of robbery, but several indiscriminate commissions thereof. o Do not apply Art 48 common crimes committed in pursuance of piracy absorbed o RA 9372 piracy can be predicate crime for terrorism

MISPRISION OF TREASON (116) Elements: o 1. Aware of plan to commit treason; o 2. Fails to report it to governor/mayor or fiscal Notes: o Only committed by Filipinos, not foreigners. Thus, dual citizens, who are foreigners too, may NOT be liable for misprision of treason. N.B. compare to treason itself: even dual citizens can commit treason o Article 20 (accessories exempt from criminal liability) does not apply o Punished as an accessory to treason. But he is still a principal of misprision of treason.

ESPIONAGE (117) Modes: o 1. Without authority, entering warship, fort, etc. to obtain information, etc. of confidential nature o 2. Possessing by reason of public office the confidential information, etc. and disclosing them to foreign representative Notes: o First mode: mere entering with intent consummates o Need not be war time

FLIGHT TO ENEMY COUNTRY (121) Elements: o 1. War involving RP o 2. Offender has allegiance to RP o 3. Offender attempts to flee to enemy country o 4. Going there is prohibited by competent authority

ANTI-HIJACKING LAW (RA 6235) Modes: o 1. Compel a change of course of a Philippine aircraft or seize control thereof while in flight

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 2

In flight when all the external doors are closed after embarkation o 2. Compel foreign aircraft to land in Philippine territory or seize control thereof while in the Philippines o 3. Ship, load, or carry in public passenger aircraft explosive, corrosive, flammable, or poisonous materials o 4. Ship, load, or carry in cargo aircraft any of the same materials against regulations by the Civil Aeronautics Association Special aggravating circumstances for modes 1 and 2: o 1. Firing upon the pilot, crew, or passenger of the aircraft o 2. Exploded or attempted to explode a bomb to destroy the aircraft o 3. Accompanied by murder, homicide, PI, or rape

Mere conspiracy punished

II: CRIMES AGAINST FUNDAMENTAL LAW ARBITRARY DETENTION (124) Elements: o 1. Offender is public officer or employee o 2. Detains person o 3. Without legal ground Distinguish: o If offender is private person and purpose is to deprive liberty, kidnapping o If offender is private person and purpose is to arrest and deliver to authorities but without legal ground, unlawful arrest Notes: o Public officer or employee must be authorized to detain another person District Foresters, for Forestry Act; School officials for Dangerous Drugs o Barangay officials authorized to detain are only persons in authority if they act within their jurisdiction o May be committed by dolo or culpa (ex. re-arresting a person released by court order already) o If with excessive force, there can be arbitrary detention complexed with PI o Need not actually be convicted for the crime enough for there to be probable cause for arrest to be valid
IN DELIVERY OF PRISONERS TO

HUMAN SECURITY ACT (RA 9372) Elements of terrorism: o A. Sowing widespread and extraordinary fear and panic among the populace o B. To coerce the government to give into an unlawful demand o C. By violating any of the ff laws: Piracy or mutiny, rebellion/insurrection, coup detat, murder, kidnapping and serious illegal Detention, crimes involving destruction PD 1613 law on arson RA 6969 toxic substances and nuclear waste RA 5207 atomic energy regulatory and liability RA 6235 anti-hijacking law PD 532 anti-piracy and anti-highway robbery PD 1866/RA 8294 illegal possession of firearms and unlawful manufacture/use of explosives Notes:

ARBITRARY DETENTION THROUGH DELAY JUDICIAL AUTHORITIES (125)

Elements: o 1. Offender is public officer or employee o 2. Detained a person legally o 3. Fails to deliver person to proper judicial authorities within proper time period 12 hours light 18 hours correctional

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 3

36 hours afflictive 3 days under the HSA

VIOLATION OF DOMICILE (128) Modes: o 1. Entered dwelling o 2. Searched without consent o 3. Surreptitiously entered and refused to leave Notes: o If all three modes committed, just one crime still o May only be committed by public officers or employees with authority to arrest, or to seize property of another. o If entry made through a way not intended for ingress, there is entry against will of owner denial is implied o Owner also includes lessee
WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF

Notes: o Applies to SPL using RPC nomenclature o Periods based on what the crime appears to be, as to the arresting officer o Finish inquest within period allowed, then deliver to judicial authorities: filing with trial court o Not with prosecutor (otherwise, if the detainee requests for prelim investigation, waive Art. 125) o Remember insuperable cause defense in Art. 12(7) o If private person delays in delivery, illegal detention o Failure of officer to comply with Article 125 does not affect the legality of the confinement.

ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126) Modes: o 1. Officer delays release of arrested person (either convict or detention prisoner) beyond period provided. o 2. Unduly delays service of notice of such order to the prisoner o 3. Unduly delays proceedings upon petition for liberation (habeas corpus)

SEARCH

WARRANT LAWFULLY OBTAINED

(129)

EXPULSION (127) Elements: o 1. Offender is public officer or employee o 2. He either: Expels a person from the RP Compels someone to change residence o 3. He is not authorized by law Note: o Probation Law allows change of residence as condition o Only President can expel from RP o HSA suspect may be granted bail, but placed under house arrest under usual place of residence

Modes: o 1. Procuring search warrant without just cause o 2. Exceeding authority or using unnecessary severity in executing legal search warrant Notes: o Article 48 DOES NOT apply. There are two crimes committed (Ex. perjury and procurement of malicious search warrant, separately; or offering false testimony in evidence [e.g. deposition] and procurement of malicious search warrant)
INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS

PROHIBITION, (131)

Acts punishable: o 1. Prohibiting/interrupting/dissolving peaceful meeting without legal ground o 2. Hindering persons from joining lawful association or preventing them from attending o 3. Prohibiting or hindering persons from petitioning to authorities for correction of abuses or grievances Notes:

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 4

o o

If done by a private person stranger to the meeting, it is serious disturbance/tumults (Art. 153) If done by member of meeting, it is unjust vexation

ANTI-TORTURE ACT (RA 9745) Modes: o 1. Physical torture o 2. Mental or psychological torture o 3. Other cruel, inhuman, and degrading treatment o 4. Secret detention, solitary confinement, incommunicado Note: o Torture is jus cogens o Immediate commanding officer of the unit or immediate senior public official who knew of the torture/CIDT and couldve prevented it but didnt is a principal o No amnesty for torturers Special aggravating circumstances: o 1. Death results o 2. Mutilation results o 3. With rape or sexual abuse o 4. Victim became insane, an imbecile, impotent, blind, or maimed for life o 5. Against children Dual nature of torture: o Torture is both an aggravating circumstance and a separate and independent crime in itself

naval/armed forces), depriving the President or Congress of any of its powers or prerogatives Distinguish: o Rebellion overthrow government and supersede it o Insurrection minor change as to certain matters in government or to prevent exercise of government authority as to certain matters Notes: o Political crime o Can be private or public individuals o Vast movement of people; involving multitudes o Continuing crime o Common crimes are absorbed by the political crime. But there may be civil liability for these predicate crimes o No frustrated rebellion. Consummated upon commission of overt acts

COUP DETAT (134-A) Elements: o 1. Swift attack by violence, intimidation, threat, strategy, stealth o 2. Against: A. Duly constituted authorities of the Philippines B. Any military camp or installation, communications network, public utilities/facilities for exercise of power o 3. Carried out by military or police or public officers With or without civilian support o 4. To seize or diminish State power Notes: o Absorbs common crimes done to achieve it Is there a frustrated crime of coup detat? o No. The moment there is intent + swift attack, the crime is consummated, even if the purpose is not achieved.

III: CRIMES AGAINST PUBLIC ORDER REBELLION OR INSURRECTION (134) Elements: o 1. Rising publicly and taking arms against the Government o 2. For purpose of removing from Phil. allegiance the territory of the Philippines (or any part thereof or

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 5

No frustrated coup detat


PROPOSAL TO COMMIT

o REBELLION, INSURRECTION,
OR

CONSPIRACY AND COUP (136)

Omil v. Ramos: Conspiracy to commit rebellion or coup detat is a continuing crime (odd) Modes: o 1. Failed to resist a rebellion by all the means in their power o 2. Continuing to discharge functions o 3. Acceptance of public position Notes: o Motive immaterial o Disloyalty loses juridical existence if the officer commits overt acts of rebellion

DISLOYALTY (137)

3. Any of the following motives/purposes discussed below 1. Prevent promulgation or execution of law, or holding of popular election 2. Prevent National, provincial, or municipal government or officer from exercising functions or preventing execution of AO 3. Act of hate/revenge upon person or property of public officer or employee Contrast with direct assault: here, there is tumultuous public uprising 4. Act of hate/revenge against private persons or social class, for political or social end 5. Despoil any person, municipality, or province, or National Govt. of all its property or part thereof, for political or social end

INCITING TO REBELLION OR INSURRECTION (138) How committed: o Writings or speech must be done with intent to induce the readers or listeners to commit rebellion or insurrection Notes: o Listeners need not actually commit the crime o If listeners rebel, inciter becomes a PDI for rebellion Nature of sedition: o Raising of commotion or disturbance in the state; revolt against legitimate authority, public corporation, social classes, etc. o Ultimate objective: violation of the public peace Elements of sedition? o 1. Rise publicly and tumultuously o 2. To obtain by force, intimidation, or other illegal methods

SEDITION (139)

Notes: o Modes 1 and 2 do not include Barangay officials and ordinances o Mode 3 can include Barangay officials o Common crimes are separately and independently punished (ex. sedition and murder). Except: complex crime of sedition and prevention of meeting of Board/Congress Distinguish: o Rebellion to achieve political purpose, they take up arms o Sedition as long as tumultuous; they do not take up arms, because they do not intend to overthrow the government

CONSPIRACY TO COMMIT SEDITION (141) No crime of proposal to commit sedition; just conspiracy

INCITING TO SEDITION (142) Modes: o 1. Inciting others to commit acts of sedition

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 6

o o

2. Uttering seditious words or speeches tending to disturb public peace 3. Writing, publishing, circulating scurrilous libels and government or authorities tending to disturb public peace

Notes: o Concealing such evil practices is not an act of an accessory in this case, but an act of a principal for inciting to sedition

ILLEGAL ASSEMBLIES (146) Modes: o 1. Meeting to commit RPC crime, with armed persons o 2. Meeting where audience is incited to commit treason, rebellion/insurrection, sedition, or direct assault, whether armed or not Notes: o In mode 1, if crime actually committed, illegal assembly loses juridical personality o In mode 2 If stranger: liable for inciting If member: either inciting or illegal assembly o If person has unlicensed firearm, presume illegal assembly o The person with unlicensed firearm is considered a leader or organizer of the meeting

ILLEGAL ASSOCIATIONS (147) Two types: o 1. To commit any of the crimes in the RPC o 2. To commit some purpose contrary to public morals Notes: o HSA, sec. 17: Public officers may petition that an association may be declared as one composed of those conspiring to commit terrorism

DIRECT ASSAULTS (148) Forms/elements:

A. Without public uprising, use force/intimidation to attain any of the purposes in rebellion or sedition: o B. Attack, use force, or seriously intimidate or seriously resist a PIA or any of his agents 1. While in the performance of duties or attacked for past performance of duty Ex. attacking judge who convicted him is for past performance 2. Accused knew or ought to have known that he was a public officer or agent When qualified: o 1. Committed with weapon This is a special aggravating circumstance that cannot be offset by MCs Ex. Mere aiming of a gun at a PIA is qualified direct assault because there is intimidation, with use of weapon. o 2. Offender is public officer or employee o 3. Laying a hand on a PIA Notes: o No attempted or frustrated direct assault (formal) o Seriously only qualifies intimidate and resist o Motive only important for mode 1 o Lawyers and teachers can be PIAs o If officer exceeds authority, resistance is legitimate. Amount of resistance depends on extent of excess of authority Ex. P v. Fook Chinese immigrant who was unreasonably searched twice in customs lawfully resisted o There can be a complex crime of direct assault with another felony. Ex. Complex crime of direct assault with murder or homicide; Complex crime of direct assault with serious disturbance under 153 But if direct assault is committed and ONLY slight PI results, there is just direct assault. o

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 7

LSPI (265) provides for a distinct penalty if the victim is a PIA to. To reconcile, LSPI applies if the PIA was attacked not during performance of duties or for past performance of duties. Sample situations: o A mayor is on the way home or on the way to the office. The accused robbed the mayor and killed him. HELD: Robbery with homicide. The direct assault is absorbed by Robbery with homicide, which absorbs crimes committed pursuant to such. o X fired an SMG against police officers serving warrant. HELD: Direct assault with multiple attempted homicide o

Interruption of peaceful meetings (131) By public officer NOT part assembly of the

Serious disturbance (153, p.1) taken in contrast with 131 By public officer Part of assembly the

Interruption of gatherings (153, p.2) By a private person or public officer NOT part assembly Covers gatherings political, religious) of the

Covers peaceable assemblies or rallies Cannot be committed by culpa (there is intent to seriously disturb)

normal (non non

INDIRECT ASSAULTS (149) Elements: o 1. There is direct assault against an agent of a person in authority (under Art. 148) o 2. A person came to the aid of the agent o 3. The offender uses force or intimidation against such person coming to the aid of the agent Notes: o Under RA 1978, one who goes the aid of a PIA becomes an agent of a PIA, so there is direct assault; indirect assault if the private person comes to the aid of the agent of the PIA (but Reyes/Guevarra disagree)

SERIOUS DISTURBANCE/TUMULTS (153) Modes: o 1. Serious disturbance in public place o 2. Interrupting or disturbing gatherings not included in 131 or 132 (thus, neither political nor religious) o 3. Making outcry tending to incite rebellion or sedition o 4. Displaying placards or emblems which provoke disturbance of public place o 5. Burying with pomp one who is executed Distinguish:

Notes: o For 153, there is intent to disturb and it is serious. Otherwise, there is just Alarms and Scandals. o The locus of the crime is the place. It must be public. Ex. court proceedings, COMELEC proceedings o Presumption of tumultuous disturbance if caused by more than 3 (at least 4) armed men o Apply Art 48. Ex. complex crime of serious disturbance with direct assault o If there is intent to incite, apply inciting to rebellion or sedition. If there is just tendency, apply 153.

ALARMS AND SCANDALS (155) Modes: o 1. Discharging firearm, rocket, firecracker, or explosive within any town or public place o 2. Charivari or disorderly meetings o 3. Disturbing public peace while wandering at night or engaged in nocturnal amusements

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 8

4. Causing disturbance or scandal while intoxicated while 153 is not applicable

Notes: o Not a specific intent crime (Calculated to cause alarm or danger is an erroneous translation) o If firearm is pointed at another and discharged but there is no intent to kill and no damage caused, there is just discharge of firearms

Who may be liable for delivery: o 1. Co-prisoners o 2. Employees of penal establishment, if without custody of the prisoner or if he is off-duty If he has custody, crime is infidelity in custody of prisoners o 3. Private person

EVASION OF SERVICE OF SENTENCE (157-9) Elements: o 1. Convicted by final judgment o 2. Serving of sentence which consists of deprivation of liberty o 3. Escaping during sentence Qualifying circumstances: o 1. Unlawful entry (by scaling), breaking doors, windows, etc. o 2. Using picklocks, false keys, disguise, deceit o 3. Violence, intimidation o 4. Through connivance with other convicts or employees of penal institution Notes: o Only convicted prisoners o Covers those sentenced to destierro who entered the prohibited place o Note covered by evasion: 1. Detention prisoner 2. Deportee who violated deportation order 3. Youthful offenders (RA 9344), because rehab center is not a penal institution o Covers both RPC and SPL crimes o Art 48 does not apply if one uses violence or intimidation. But if one commits a crime to evade, then apply Art. 48. Other provisions: o Violation of conditional pardon is also evasion. Violator of pardon is not entitled to ISL.

DELIVERING PRISONERS FROM JAIL (156) Elements: o 1. Any person removes from jail or penal establishment a person confined therein o 2. Through: A. By violence, intimidation, or bribery B. Other means (lower penalty) Ex. craft or disguise C. Taking guards by surprise outside the establishment (lowest penalty) Notes: o Applies to both detention and convicted prisoners o Crime consummated when he steps out of the building where the cell is, however brief o No frustrated delivery; there is attempted delivery o Detention includes mental retardates detained in a hospital or those under house arrest. o If a relative is not exempted under Article 19 (ex. the prisoner is convicted of parricide), the prosecutor may charge him for delivery of prisoners or as accessory to the crime o If the one bribed was an officer, he is liable for both bribery and delivery. If the one bribed is a private person, then it is just a means to commit delivery. o If the other means constitutes a crime, apply Art. 48. But if the mode is specifically provided in the crime (like those under A, do not apply Art. 48 because the crime is already punished by a higher crime here)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 9

Convict evading during catastrophe: If caught again, increase penalty by 1/5 If he returns within 48 hours, decrease by 1/5

o o o o

QUASI-RECIDIVISM (160) Elements: o 1. Offender convicted by final judgment o 2. Commits new felony before or while serving sentence Notes: o Quasi-recidivism is not a crime, but a special aggravating circumstance If second crime has an aggravating circumstance, quasi-recidivism will result into the maximum of the maximum o First crime can either be RPC or SPL crime. o Second crime has to be punished in RPC. o If one is a recidivist and quasi-recidivist: Since recidivism is an AC, apply the maximum of maximum Recidivism can be offset by generic MCs, quasi-recidivism cannot o Beside provisions of Art. 62 par. 5 so apply rules on habitual offenders as well if applicable. o Compare with reiteracion: it requires final service of 2 or more lesser crimes or one graver or equal crime

Making can be attempted or frustrated (if imitation is imperfect) Number of crimes equal to number of currencies Can be prosecuted abroad under Art. 2 of the RPC Damage is not an element of utterance

MUTILATION OF COINS (164) Notes: o Amended by PD 247, which punishes willful defacement, mutilation, tearing, burning, or destroying currency notes or coins o Must be of legal tender o Coins of foreign currency are not included

SELLING OF FALSE OR MUTILATED COIN (165) Modes: o 1. Possession with intent to utter o 2. Actual utterance Notes: o Both physical and constructive possession o There must be knowledge that the coin is false o If he is the counterfeiter, 163 absorbs 165
IMPORTING, OR UTTERING TREASURY OR BANK NOTES OR

FORGING,

DOCUMENTS PAYABLE TO BEARER

(166)

IV: CRIMES AGAINST PUBLIC INTEREST MAKING, IMPORTING, AND UTTERING FALSE COINS (163) Modes: o 1. Making false coins o 2. Importing o 3. Uttering with connivance with counterfeiter Notes: o Coin must be legal tender in the RP at time of violation

Modes: o 1. Forging or falsifying treasury/bank notes/documents payable to bearer o 2. Importing false or forged bank notes o 3. Uttering these with connivance with forgers or importers How forgery is committed: o 1. Giving appearance of a true and genuine document o 2. Erasing, substituting, or counterfeiting, or altering figures, letters/words, or designs in said instrument Notes: o Uttering is offering it with representation that it is genuine, with intent to defraud

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 10

Blank forms of postal money orders are not official public documents, or treasury/bank notes. They are not certificates of obligations until filled up. Treasury warrant is a government obligation and is therefore covered
IMPORTING, UTTERING INSTRUMENTS PAYABLE TO

COUNTERFEITING, ORDER (167)

Same, except payable to order


POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND

ILLEGAL

OTHER CREDIT INSTRUMENTS

(168)

Elements: o 1. Treasury/bank note/ security payable to bearer or order is forged or falsified by another person o 2. Offender knows it was falsified o 3. Used OR possessed with intent to use Notes: o Possession without use or intent to use, not covered o Must know its falsified

FALSIFICATION OF LEGISLATIVE DOCUMENTS (170) Elements: o 1. There is a genuine resolution, ordinance, bill o 2. Material alteration of the issuance o 3. With deliberate intent Notes: o By either public or private person
OFFICER, EMPLOYEE, NOTARY, ECCLESIASTIC

FALSIFICATION BY PUBLIC MINISTER (171)

Taking advantage of public position: o 1. Has official custody of the document or intervenes in preparation of the document If it is not part of the public officers duties, he is treated as a private individual o 2. Uses influence, prestige, or ascendancy of office to commit the crime

What documents are covered: o Public documents o Where something is proved, established, or set forth o Applies to electronic documents o A document incapable of producing legal effects cannot be subject to falsification not a foundation of rights o The falsification of a private document before submission may nevertheless be falsification of public or official document because it is destined to be such. Distinguish: o Falsification of public or commercial document can be by culpa. Intent to damage is not needed. o Falsification of private document cannot be committed by culpa, because there must be intent to damage. Ex. Flores: The falsification of a daily time record automatically results in financial losses to the government because it enables the employee to be paid salary for services never rendered. Damage is not an element per se. o There can be estafa through falsification of public or commercial document. There is no crime of estafa through falsification of private document. Notes: o If a notary public notarizes a document without commission: 1. The crime is falsification of public document 2. But the document remains private o No attempted or frustrated falsification of public or official document, unless the falsification is imperfect o There can be falsification by omission (ex. book keeper omitted things in the ledger) o One found in possession of falsified document is presumed to be the author. o There are as many crimes as the number of documents falsified What are the acts punished as falsification?

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 11

o o

o o

1. Counterfeiting or imitating handwriting, signature, rubric 2. Causing to appear that persons participated in any act or proceeding when in fact they did not Ex. X made it seem that Y and Z executed a deed of sale over their lands Ex. X was an accountable officer who misappropriated funds. To conceal it, he falsified receipts to show people received amounts there did not. HELD: Complex crime of malversation through falsification 3. Persons in fact participated in proceedings, but accused make it seem that they said/did some things they did not do Ex. X changed the answers of a Bar taker 4. Making untruthful statements in narration of facts The facts must be absolutely false. If there is colorable truth, one is not liable. If the officer merely wrote down what was dictated to him, there is no criminal intent to falsify No culpa; there must be intent to speak of a falsity 5. Altering true dates Intent is essential here Dates must have legal efficacy 6. Making alteration or intercalation to genuine document which changes its meaning Duty of one making an alteration in a document to explain the change Document altered to speak the truth valid Alteration that didnt change substance of the document valid 7. Issuing copies where there is no genuine original; or alteration of the copy as to not reflect the original 8. Intercalating instrument or note

FALSIFICATION

BY

PRIVATE

INDIVIDUALS

AND

USE

OF

FALSIFIED

DOCUMENTS BY PRIVATE INDIVIDUALS

(172)

Who commits the acts here: o Private persons o Public officers acting without abuse of official position Modes: o 1. Falsifying a document: Per se, if public, commercial, or official document, or With intent to cause damage or with damage caused, if private document o 2. Use of falsified document: Knowingly introduced as evidence in a judicial proceeding, or In other proceedings, to cause damage or with intent to cause damage o N.B. Mode 2 applies to people other than those who authored the falsification

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177) 2 modes of committing the crimes: o A. Usurpation of authority 1. Knows he is not a public officer 2. Falsely represents himself as such 3. Such person has performed pertaining to an act of person in authority or agent of PIA o B. Usurpation of official functions Notes: o Covers retired/resigned public officers or employees and notaries-public with expired commissions o Good faith is a defense o Where usurpation is a complex crime: Pretended in order to molest a minor: complex crime of usurpation of public authority with seduction

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 12

Pretended to be a BIR agent and showed falsified ID: complex crime of usurpation of public authority with falsification Where usurpation is just a mode: To commit robbery, because robbery can be committed through pretense of exercise of public authority (Art. 299-A par. 4) To commit kidnapping, because usurpation of authority is a mode to commit kidnapping

X a convict serving sentence, and Y, in jail, substitutes for X, to allow X to escape. Y took his place and claimed to be the escapee by stating his name. HELD: X committed evasion of sentence, complexed with use of fictitious name. Y committed evasion of sentence, complexed with use of fictitious name.

ANTI-ALIAS LAW (C.A. 142) Exceptions to prohibition of use of fictitious name: o Literary, cinema, TV, radio, entertainment purposes, and other athletic events where use of a pseudonym is a normally accepted practice How to secure an alias: o Need judicial approval for at most, one alias. Same proceedings as change of name.
TESTIMONY AGAINST DEFENDANT

PUBLIC USE OF FICTITIOUS NAME (178) Modes: o 1. Fictitious name purposes: 1. To conceal a crime 2. To escape judgment Both criminal and civil judgments 3. To cause damage o 2. Person who conceals his true name or other personal circumstances Notes: o Motive essential for first mode only o Public use: includes use in official or public document o Damage here is not to a particular person but to public interest. o There are as many crimes as the number of fictitious names used o Where fictitious name is just a mode and loses juridical existence: Estafa, if to defraud another (Art. 315-2A) Robbery (Art. 299(A)-4), since fictitious name is a mode In a narration of facts in public or official document: because penalty for use of fictitious name is already integrated there Obstruction of justice (knowingly uses a fictitious name to delay apprehension of suspects)

FALSE

(180),

FAVORABLE

TO

DEFENDANT

(181), IN CIVIL CASES (182)

Elements of false testimony against defendant (180): o 1. Criminal proceeding o 2. Offender falsely testifies under oath against defendant o 3. Offender knew it was false o 4. Defendant either acquitted or convicted in judgment Elements of false testimony favorable to defendant (181): o 1. Criminal proceeding o 2. Offender falsely testifies under oath in favor of defendant o 3. Offender knew it was false Elements of false testimony in civil cases (182): o 1. Civil proceeding o 2. Testimony relates to issues presented in said case o 3. Offender falsely testifies o 4. Offender knew it was false o 5. Testimony is malicious and intends to affect material issues in the case

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 13

Notes: o Testimony must be complete (direct and cross, unless waived) o Intent needed for all three o For 180, must be an RPC crime or SPL crime using RPC nomenclature, since penalty depends on graduation If the final penalty is less than correctional, Art 180 does not apply. But perjury may apply. o For 182, penalty not dependent on outcome of case o Formal crime. Retraction does not matter, unless it was spontaneously done in the same testimony. o HSA False testifier not liable under 180-2 but for the crime committed. Who can commit these crimes: o Witness can be the injured party. o NOT by accused giving false testimony in his own favor under 181, unless falsely he pins guilt upon another (Hindi ko pinatay yan, SIYA po ang pumatay!)
IN OTHER CASES AND

o o o

Generally, a petition filed in court where false statements are made: perjury. No need for proceedings to terminate first. Subornation of perjury is inducing somebody to execute an false statement/affidavit on a material matter. The inducer is liable as PDI of perjury.

MACHINATIONS IN PUBLIC AUCTIONS AND MONOPOLIES (185-6) Notes: o 185: threatening other bidder so he will not participate o 186: mere monopoly is not penalized, but it must be monopoly in restraint of trade

NEW PUBLIC BIDDING LAW (RA 9184) Prohibited acts for public officers: o 1. Opening sealed bid prior to time appointed o 2. Delaying w/o just cause the screening for eligibility, opening of bids, evaluation, or post-evaluation of bids, and awarding beyond allowable period o 3. Unduly influencing or using undue pressure on the Bids and Awards Committee to accept a particular bid o 4. Splitting of contracts which exceed purchase limits and competitive bidding o 5. Rejecting bids due to manifest preference for a closely related bidder Prohibited acts for private individuals and colluding public officers: o 1. Two or more bidders agree and pre-arrange multiple bids where one is obviously better than the other o 2. One bidder maliciously submits different bids through different persons (to simulate competition) o 3. Entering into contracts where one party refrains from bidding or withdraws one already made o 4. Schemes that naturally reduce competitive bidding o 5. Submitting false eligibility requirements o 6. Submitting falsified info in bidding documents o 7. Participating in bidding using anothers name or allowing another to use ones name

FALSE

TESTIMONY AFFIRMATION (183)

PERJURY

IN

SOLEMN

Two crimes: o 1. False testimony in other cases o 2. Perjury in solemn affirmation Elements of perjury: o 1. False statement under oath or affidavit upon material matter (subject of investigation or resolution of issue; not merely pertinent matter) o 2. Before a competent officer who administers oaths o 3. Willful and deliberate assertion of falsity o 4. The statement or affidavit is required by law or made for a legal purpose Notes: o Other cases includes special proceedings, etc. o Petition for habeas corpus is a public document. If allegations are false, falsification of a public document.

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 14

8. Withdraw bid after it has been named highest-rated or lowest-calculated without just cause or to cause the bid to be awarded to another

Notes: o Officers liable here can still be liable under RA 3019 o For offenses #1-4 in second enumeration: The private individual cannot transact with government again Officer suffers temporary or perpetual DQ

V: RELATED TO OPIUM New classification of drugs: o 1. Dangerous drugs o 2. Controlled precursors and essential chemicals (CPECs) Penalties: o Do not use nomenclature of RPC anymore o Only time RPC has effect: for minors convicted, because they receive RP (others get non-RPC penalties) o No longer based on quantity except possession o Accessory penalties apply even before finality of judgment (even on appeal) o Malum prohibitum o Use of dangerous drugs now has a graduated penalty Just rehab for first offense of use If possession & use concur: charge possession If possession & sale concur: charge sale Plea bargaining/probation: o No plea bargaining o No probation for drug pushers and traffickers New additional offenders: o 1. Financier person who pays for or underwrites illegal activities in the DDA o 2. Protector/coddler person who knowingly and willfully consents to the unlawful acts in the DDA and

uses his power or position to shield, harbor, screen, or facilitate escape New offenses: o 1. Illegal chemical diversion of CPECs o 2. Failure to maintain and keep original records on transactions with DDs or CPECs o 3. Public officer misappropriates, misapplies, benefits from, or fails to account for confiscated materials o 4. Planting as evidence any DD/CPEC o 5. Violation of any RR of the DD Board o 6. Issuance of false or fraudulent drug test results o 7. Violation of confidentiality of records o 8. Refusal of law enforcer or government official to testify as prosecution witness in DD cases o 9. Delay and bungling in the prosecution of drug cases Old offenses carried over: o 1. Importation of DD/CPCE o 2. Financing, organizing, managing o 3. Protecting/coddling o 4. Selling or distributing or brokering transactions o 5. Use by drug pushers of minors or mentally incapacitated individuals as couriers or runners o 6. Drug den, dive, or resort: maintaining, visiting, working for, or protecting/coddling o 7. Manufacture of DDs/CPCEs, instruments, apparatus o 8. Possession of DDs or instruments o 9. Use of DDs o 10. Cultivation of plants classified as DDs or sources o 11. Unnecessary prescription of DDs o 12. Unlawful prescription of DDs o 13. Attempt or conspiracy Attempt or conspiracy to commit unlawful acts: o Have the same penalty as the consummated crime in: o 1. Importation of DDs/CPECs o 2. Sale, trade, administration, dispensation, delivery, distribution, or transportation of any DDs/CPECs o 3. Maintenance of a den, dive, or resort

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 15

o 4. Manufacture of DDs/CPECs o 5. Cultivation and culture of plant-sources Qualifying or aggravating circumstances: o 1. Crime committed under the influence of drugs o 2. Possession of DDs or equipment aggravated if possessed during parties, social gatherings, or in proximate company of at least two persons

VAGRANTS AND PROSTITUTES (202) Notes: o Amended by RA 9344: Minors exempt from criminal liability from prosecution for vagrancy or prostitution o Or mendicancy under PD 1563

VII: CRIMES COMMITTED BY PUBLIC OFFICERS Public officers in this title: o Embraces all public servants, from highest to lowest o No distinction between officers and employees o Includes GOCCs and subsidiaries

VI: CRIMES AGAINST PUBLIC MORALS GRAVE SCANDAL (200) Elements: o 1. Highly scandalous conduct o 2. In a public place

KNOWINGLY RENDERING AN UNJUST DECISION (204) Elements: o 1. Offender is judge o 2. Renders judgment in case submitted to him o 3. Judgment is unjust o 4. He know the judgment is unjust Notes: o Only trial court judges; not SC, CA, SB o This is an intent crime o Not mere error in judgment o Decision must first become final and executory before judge can be charged under 204 o Prerequisite proceedings: Decision of appellate court impugning validity of decision, or Administrative charge against judge
UNJUST JUDGMENT THROUGH INEXCUSABLE NEGLIGENCE

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201) Notes: o Test of obscenity: shocking to ordinary and common sense; tendency to deprave or corrupt those whose minds are open to immoral influences o Commercial distribution is punished, not isolated

LAW PUNISHING VIDEO AND PHOTO VOYEURISM (RA 9995) Acts punished: o 1. Taking video or photo of sexual act without consent o 2. Take image of sensitive body parts without consent If there is reasonable expectation of privacy o 3. Sell, copy, or distribute video or photos even when there is consent by the persons involved o 4. Broadcast in print, radio, or video these sexual acts Note: o Lack of consent is not an element when the material is being distributed already o Photo or video is inadmissible for evidence o Exception: police can apply to court for order to take a photo/video for investigation and apprehension of those committing this crime

MANIFESTLY (205)

Elements: o 1. Offender is judge o 2. Renders judgment in case submitted to him o 3. Judgment is manifestly unjust o 4. Due to inexcusable ignorance or negligence

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 16

Notes: o Can be committed by culpa, unlike 204

UNJUST INTERLOCUTORY ORDER (206) Elements: o 1. Offender is a judge o 2. Renders interlocutory order that is either: Manifestly unjust, or With inexcusable negligence or ignorance

o o

1. Malicious breach of lawyer of professional duty, or inexcusable negligence, or ignorance, causing damage or prejudice to client Lawyer also liable under RA 3019 Sec. 4B if he induces public officer to violate RA 3019 2. Revealing clients secrets learned in confidence; no need for damage or prejudice here 3. Defending opposing party in same case without first clients consent

MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207) Notes: o Mere delay not enough; there must be intent to delay

DIRECT BRIBERY (210) Modes: o 1. Agreeing to perform or performing criminal act in connection with duties, for consideration o 2. Executing unjust but not illegal act in connection with duties, for consideration Ex. Policeman asked for money from theft victim before chasing the thief o 3. Agreeing to refrain or refraining from doing something he must officially do, for consideration Elements: o 1. Offender is public officer o 2. Accepts offer or promise or receives gift by himself or through another o 3. It was accepted or received in view of any of the three modes above o 4. The act is connected with official duties Notes: o For second mode, while not illegal, it must be unjust o If the act is ENTIRELY outside his official functions, not liable for direct bribery Ex. Officer represents to individual that he can issue a permit, but he actually cannot: estafa o Consummated upon acceptance of offer/promise o Pelegrino: Mere physical receipt without any other act or sign showing acceptance cannot consummate crime o No attempted or frustrated bribery

PREVARICACION/DERELICTION OF DUTY (208) Elements: o 1. Public officer in charge of instituting or filing criminal complaints (Fiscal, OMB, NBI agent, PDEA, not BIR agents) o 2. Maliciously refrains from instituting prosecution for violation of law or tolerates commission of these acts Notes: o Malum in se; there must be malice, even in tolerance o Condition sine qua non: person whom he refused to prosecute must first be prosecuted and convicted for that crime where prosecution was initially omitted o Both RPC and SPL crimes Relation to other laws: o For other public officers: either PD 1829 (obstruction) or accessory under Art. 19, not 208 o Those liable under 208 also liable under RA 3019 o 208 is constituent element of qualified bribery (211A); prior conviction in 208 must precede 211-A

BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209) Modes:

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 17

o o o

What is usually punished as attempted bribery by the SC is actually attempted corruption of public officer. Usual case: officer accepted the consideration, but turned it over as evidence against briber. The briber is usually charged with attempted bribery (quite erroneously) Gift: either offered or solicited No need to actually perform the act If the criminal act was actually done by the officer, he is guilty of two crimes: direct bribery + that crime (not complexed) As many crimes of direct bribery as the number of times a bribe is offered and received/accepted

Modes: o 1. Entering into agreement for scheme to defraud govt o 2. Collector of tax, license, fee: Demands larger sum Does not issue receipt voluntarily Collects things other than provided by law Notes: o Mode 1 agreement consummates (malum in se) o Mode 2 demand consummates (malum prohibitum)

MALVERSATION (217) Elements: o 1. Public officer o 2. Custody or control of funds due to duties of office o 3. Those are public funds for which he is accountable o 4. Either: Appropriates, takes, misappropriates Consents, or through abandonment or negligence, permits another to take the same Notes: o Malversation can be by dolo/culpa o Demand is not an element o Covers property under custodia legis deposited with public authorities or private individuals Includes funds from extrajudicial foreclosure o Taking same concept as theft/robbery o Nature of duties, and not nomenclature of position determines accountability o If officer is not accountable, charge for theft o If dangerous drugs, covered by RA 9165, not Art 217 o Private persons who benefit charged as accessories o Public officers giving allowances to co-employee from public funds (vale) covered o Number of crimes determined by number of instances of malversation, not types of property taken

INDIRECT BRIBERY (211) Elements: o 1. Public officer o 2. Accepts gifts o 3. Given by reason of his office Notes: o No such agreement to perform or not perform an act

QUALIFIED BRIBERY (211-A) Elements: o 1. Public officer entrusted with law enforcement o 2. Refrains from arresting or prosecuting an offender o 3. Offender committed crime punishable by RP o 4. In consideration of gift, promise, offer, or present Notes: o Must first be convicted for prevaricacion (208)

CORRUPTION OF PUBLIC OFFICERS (212) Notes: o Act of offering or giving to the public officer gifts, presents, by reason of his public office o Attempted, if offer not accepted. No frustration

FRAUDS AGAINST PUBLIC TREASURY, ETC. (213)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 18

Restitution does not exempt; it can just mitigate liability as mitigating circumstances analogous to voluntary surrender AC of taking advantage of public position is inherent

Notes: o If mail matter entrusted, infidelity o If mail matter not entrusted but misappropriated in the course of duty, qualified theft

TECHNICAL MALVERSATION (220) Elements: o 1. Public officer o 2. Has public fund or property under administration o 3. Has been appropriated by law or ordinance o 4. Applies such fund or property for public use OTHER THAN that for which it has been appropriated for Notes: o He did not get it for himself

MALTREATMENT OF PRISONERS (235) Notes: o See RA 9745 law on torture o Officer may be guilty for maltreatment of prisoners and either PI or homicide/murder

ABUSES AGAINST CHASTITY (245) Modes: o 1. Public officer solicits or makes immoral or indecent advances to a woman interested in matters pending before such officer o 2. Warden solicits or makes indecent advances to a woman under his custody o 3. Warden makes immoral advances or solicitation to the wife, daughter, sister, or relative within the same degree of affinity of any person in the custody of such warden/officer Notes: o Mere solicitation or advances consummate o Mode 3 does not cover mothers o If crime against chastity or person is actually committed, Art 245 is absorbed o Public authority is an AC

Infidelity of public officers INFIDELITY IN THE CUSTODY OF PRISONERS (223-5) Elements: o 1. Public officer o 2. With custody of prisoner either detained or convict o 3. Prisoner escaped o 4. He connived with escape Notes: o Art 224 punishes gross negligence of public officer o Art 225 punishes private persons entrusted with custody of prisoner Elements: o 1. Public officer o 2. Document is abstracted, destroyed, or concealed o 3. Document was entrusted by reason of his office o 4. Damage or prejudice to the public interest or a third person Modes: o 1. Remove, destroy, conceal documents o 2. Breaks the seals or permit them to be broken

INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8)

ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019) Actors covered: o 1. Elected and appointed officials and employees receiving compensation from government o 2. Private individuals involved in paragraphs B, C, D, K What are the punishable acts? o a. Inducing a public officer to commit offense

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 19

b. Requesting or receiving benefit in govt transaction where officer intervenes o c. Requesting or receiving benefit from one for whom officer will secure or has secured permit or license o d. Accepting employment in private enterprise with pending official business with him Even up until 1 year after termination Also inducing relatives to accept position o e. Causing undue injury to party/govt or granting unwarranted benefits to party (BF or gross negligence) o f. Neglecting or refusing to act upon official duty to obtain some benefit or to discriminate o g. Entering in manifestly and grossly disadvantageous contract on behalf of Government o h. Having pecuniary interest in any transaction with Government upon which he intervenes o i. Having material interest in any transaction or act requiring discretionary approval by a board which he is part of, even if he votes in the negative o j. Knowingly granting a benefit in favor of an unqualified person or to a mere dummy of the latter o k. Divulging confidential information Exception: o Unsolicited gifts of small or insignificant value offered or given as mere ordinary token of gratitude/friendship o

Pattern is at least two such acts within 10 years

HUMAN SECURITY ACT (RA 9372) Liabilities of authorities: o 1. Failure to turn over detainee within 3 days to judicial authorities o 2. Infidelity in custody of detainees o 3. Furnishing false evidence, forged document, spurious evidence

VIII: CRIMES AGAINST PERSONS PARRICIDE (246) Elements: o 1. A person is killed o 2. By the accused o 3. Deceased is the parent or child (whether legitimate or illegitimate), legitimate ascendant/descendant, or spouse of the accused Notes: o Legitimate relationship not needed between parent and child o Legitimate relationship needed for every other ascendant-descendant relationship and for spouse o Parricide can be complexed with unintentional abortion o No robbery with parricide, just robbery with homicide o Can be committed by culpa

ANTI-PLUNDER ACT (RA 7080) Elements: o 1. Public officer acting alone or with others o 2. Amasses ill-gotten wealth amounting to at least 75M o 3. Thru combination or series of overt or criminal acts Notes: o Ill-gotten wealth is through malversation, kickbacks, fraudulent conveyances, monopolies, undue advantage of public position, illegal business interests o Series is repetition of same act. Combination is commission of at least 2 different predicate acts

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247) Elements: o 1. Legally married person surprises his spouse in the act of sexual intercourse with another person (also, minor daughter living with parent) o 2. He kills any or both of them or inflicts SPI o 3. During the act or immediately thereafter

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 20

Notes: o The sexual intercourse must be consensual o If not consensual, the husband may invoke mistake of fact if applicable (eh mukhang nasasarapan!) o Doesnt cover sexual assault (8353 didnt amend 247) o Killing may happen a bit after, or even after an hour, if it was still proximate and is the by-product of rage o Living together is only for minor daughter; the spouses need not live together o Punishment is destierro if there is death; none for PI o If one prostitutes his spouse or daughter, no 247 o No civil liability for causing such death o If the husband was the one attacked by the wife or paramour and he kills them Art 11 (self-defense) o If relative causes death under exceptional circumstances, he may invoke Art 11 (defense of honor), but the act must be reasonable o If in course of firing upon his spouse/paramour, a third party is caught in the crossfire, the crime is Art. 365 SPI/LSPI through simple imprudence. There is no attempted homicide because there is no intent to kill and offended spouse is not committing a crime (247).

Only one needed to qualify homicide to murder; the other will be a generic AC

HOMICIDE (249) Elements: o 1. Person is killed o 2. Offender killed him without justifying circumstances o 3. Intent to kill, which is presumed o 4. Not murder, parricide, or infanticide Notes: o When consummated, intent to kill is presumed and hence need not established o When victim did not die, intent to kill is a specific criminal intent that must be established BRD o If intent to kill is not established and victim did not die, only physical injuries o This is why there is no frustrated homicide through reckless imprudence if there is no death, no intent to kill presumed o RA 7610 if the victim of homicide, murder, SPI, or intentional mutilation is under 12, punishment is always RP o RA 9262 (VAWC) If there is death or violence with intent to kill, apply murder or homicide If there is violence without intent to kill, VAWC provisions apply o RA 8294 Illegal possession of firearms is AC in murder and homicide Use of unlawfully manufactured, acquired, or possessed explosives is AC in any of the crimes in the RPC if it results to injury or death (except political crimes that absorb)
IN TUMULTUOUS AFFRAY

MURDER (248) What qualifies homicide to murder: o 1. Treachery, superior strength, aid of armed men, employing means to weaken the defense o 2. Price, reward, or promise o 3. Inundation, fire, poison, explosion, etc., or by means of motor vehicles o 4. On occasion of a calamity o 5. Evident premeditation o 6. Cruelty, scoffing at the corpse Notes: o If killing is not homicide (e.g. parricide or infanticide), then the above circumstances are generic ACs

DEATH

(251)

AND

PHYSICAL INJURIES

IN

TUMULTUOUS AFFRAY

(252)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 21

o Elements of 251: o 1. Several persons (more than 2 in each group) o 2. Not groups organized to attack each other o 3. Persons attack one another is a tumultuous manner o 4. Cannot determine who killed the deceased o 5. Person who inflicted physical injuries on the deceased can be identified Elements of 252: o Same circumstances, but nobody died, although there is SPI and one who inflicted it cannot be ascertained o But can determine who inflicted violence on the person Notes: o Victim in 251 can be a participant or stranger o Victim in 252 must be participant o If person who killed or caused SPI respectively can be ascertained, do not apply 251 or 252 o If the group is organized to attack the other, apply conspiracy (act of one, act of all)

If intent is to discharge, but a random person gets hit with the stray bullet complex crime of discharge of firearms and physical injuries (or homicide)

INFANTICIDE (255) Elements: o 1. Child is born alive o 2. The child is already viable o 3. The infant killed was less than 3 days old Notes: o Can be committed by anyone, even if not a relative o Treachery and abuse of superior strength inherent o Conspiracy, while not applicable to conspiring relative and stranger in parricide (will be parricide and homicide), is applicable to conspiring relative and stranger in infanticide (both infanticide) Extenuating circumstance: o Concealment of dishonor committed by mother of child or maternal grandparents of the child o Concealment of dishonor is mitigating in infanticide but not parricide

ASSISTANCE TO SUICIDE (253) Notes: o Suicide is not a crime, but person assisting him is liable under 253 o Whether the suicide is consummated or not

ABORTION (257-259) Types of abortion: o 1. Intentional abortion o 2. Unintentional abortion Modes of intentional abortion: o 1. Violence upon person of pregnant woman o 2. Without violence, but without consent of woman o 3. With consent of woman Special provisions: o 1. Abortion practiced by the pregnant woman herself or her parents o 2. Abortion performed by a physician or midwife Degree of education is inherent here, not AC

DISCHARGE OF FIREARMS (254) Elements: o 1. Discharge of firearm against or towards another o 2. With no intention to kill or injure but only to scare Notes: o If with intent to kill attempted homicide/murder o If no intent to kill, but hit physical injuries o If fired in the air alarms and scandals (155) or serious disturbances (153)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 22

Unintentional abortion: o Another person causes abortion by violence against the woman, but not intentionally Notes: o J. Regalado there is frustrated abortion o Unintentional in unintentional abortion refers to lack of intent to abort the fetus. But the prior act of violence causing the abortion must be with intent. o If violence was caused by imprudence, it is not unintentional abortion just reckless/simple imprudence resulting to unintentional abortion o Concealment of dishonor provision also applies to the special provisions (where abortion is caused by the pregnant woman on herself or by her parents)

MUTILATION (262) Elements: o 1. Intentional chopping off of a part of the body which will not grow again o 2. Intent to mutilate. It cannot be by culpa. Notes: o If no intent to mutilate, it is SPI o If with intent to kill, frustrated homicide o RA 9262 mutilation punished under RPC, not VAWC o Punishment greatest if you cut off a body part for reproduction SERIOUS PHYSICAL INJURIES (263) Modes of SPI: o 1. Wounding, beating, or assaulting another (263) o 2. Knowingly administering injurious substances or beverages (264a) see below o 3. Taking advantage of weakness of mind or credulity (264b) When is there SPI (by paragraph): o 1. Became insane, imbecile, impotent, blind

2. Lost power to speak, hear, smell; lost use of eye, hand, food, arm, leg; permanent incapacity to work o 3. Deformity; lost any other body part; illness or incapacity to work for more than 90 days o 4. Illness or incapacity to work for more than 30 days Qualifying circumstances: o 1. Victim is any of those in parricide, except parents causing injuries to children due to excessive chastisement o 2. Presence of qualifying circumstances for murder Notes: o No intent to kill in physical injuries o Robbery with PI is caused if: By reason or on occasion of robbery for paragraphs 1 and 2 In course of execution of robbery for paragraphs 3 and 4 o

ADMINISTERING OF INJURIOUS SUBSTANCES OR BEVERAGES (264) Notes: o Injurious substances introduced or injected into body of victim, with no intent to kill. o If substance is poisonous murder o If offender did not know substance was injurious Reckless imprudence resulting in SPI o If substance is not enough to kill SPI/LSPI

LESS SERIOUS PHYSICAL INJURIES (265) When is there LSPI: o Incapacity or medical attendance for 10-30 days Qualifying circumstances: o 1. Ignominy or to insult or offend the victim o 2. Victim is offenders parent, ascendant, guardian, curator, teacher, or persons of rank or PIA N.B. If PIA was in course of duties or was attacked for past performance, DA, not LSPI

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 23

SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266) When is there slight PI: o 1. Incapacity of offended party is 1-9 days o 2. Did not prevent the victim from engaging in habitual work and did not require medical attendance o 3. Maltreatment by deed Notes: o X slapped Y: If purpose is to hurt slight PI; If purpose is to humiliate slander by deed

RAPE (266-A AND 266-B) Punishable acts: o 1. Rape Always man against woman Woman may be accomplice or PIC o 2. Sexual assault May be against men or women Instrument may be body part or thing Modes: o 1. Force, threat, intimidation Includes moral ascendancy o 2. Victim deprived of reason or consciousness o 3. Fraudulent machination or grave abuse of authority o 4. Under 12 years old or demented (statutory) Qualifying circumstances: o 1. Use of deadly weapon or by 2 or more persons o 2. Victim is under custody of police or military o 3. Committed by AFP, PNP, or other law enforcer o 4. Victim became insane on occasion of rape o 5. Victim suffered permanent mutilation or disability o 6. Offender knows he has HIV, AIDS, or other STD o 7. Victim is under 18 and offender is a parent, ascendant, step-parent, guardian, relative by blood or affinity to 3rd degree, common law spouse of parent of victim

8. In full view of the spouse, parent, children, or other relatives up to 3rd degree o 9. Victim is under 7 years old o 10. Victim has religious vocation or calling and it is known by the offender prior to the rape o 11. Victim was pregnant and it is known by offender o 12. Victim has mental disability, emotional disorder, or physical handicap and it is known by the offender Special complex crime: o Homicide committed on occasion of rape or sexual assault N.B. Homicide used in its generic term. Can cover murder. Notes: o Rape is now a crime against persons o Marital rape is a crime o No frustrated rape or sexual assault, just frustrated rapists o Just one circumstance to qualify rape; others do not become generic ACs o Pardon valid marriage between offender and offended party or forgiveness of wife of her husband o

VAWC (RA 9262) Punishable acts: o 1. Actual, threatened, or attempted physical harm, or placing in constant fear o 2. Controlling what woman or child could do or restricting freedoms (by using physical, financial, or emotional leverage) o 3. Using force or intimidation to have the woman or child perform non-rape sexual activity o 4. Acts that cause emotional or psychological distress, humiliation, or ridicule to the woman or her child

ANTI-CHILD PORNOGRAPHY LAW (RA 9775) Who is a child: o 1. Below 18

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 24

o 2. Mentally incapacitated o 3. Person of age, but depicted as a child o 4. Computer generated child Punishable acts: o 1. Producing child porn, hiring children, providing venues o 2. Selling, distributing, broadcasting, or possession with same intent N.B. presumed intent if there is possession of at least 3 copies of child porn in same form Panderers are covered (selling material claiming to be child porn when it is not) o 3. Parent/guardian permitting child to engage in porn, or luring/grooming a child Luring: communicating thru computer w/ child to facilitate sexual activity or porn production Grooming: preparing child for sexual activity by communicating child porn o 4. Willfully accessing or possessing child porn o 5. Conspiracy; Syndicated child porn (at least 3)

1. Owner of the place where it was done, if he has actual knowledge of what is happening o 2. School authorities who consented to the hazing or knew, but did not prevent Qualifying circumstances: o 1. Recruitment by force, violence, threat, intimidation, or deceit o 2. Recruit consented to join but wanted to quit upon learning about hazing, but was not allowed to quit o 3. Recruit was prevented from reporting to parents or authorities through force, violence, threat, intimidation o 4. Hazing committed outside school or institution o 5. Victim is below 12 years old Notes: o Praeter intentionem is not a defense under RA 8049 o

JUVENILE JUSTICE AND WELFARE ACT (RA 9344) Prohibited acts by competent authorities: o 1. Branding or labeling the child as young criminal, juvenile delinquent, prostitute, or attach other derogatory names, or making discriminatory remarks o 2. Employment of threats of whatever kind or nature o 3. Abusive, coercive, and punitive measures, CIDT, involuntary servitude Punishable acts of child prostitution: o 1. Promoting, facilitating, or inducing child prostitution N.B. Attempt non-relative of the child is found alone with the latter inside an area under circumstances that would lead a reasonable person to believe the child is about to be exploited o 2. Those who commit sexual intercourse or lascivious conduct with child exploited in prostitution N.B. if child is under 12, charge under RPC N.B. Attempt receiving services from child in massage parlor, sauna, health club, etc.

ANTI-HAZING LAW (RA 8049) Elements of valid initiation rites: o 1. No physical violence o 2. Prior written notice to school authorities or head of the organization (ex. AFP) 7 days before the initiation (school or org sends representative) o 3. Notice includes names and time o 4. Initiation must not exceed 3 days. Liable as principals: o 1. Officers and members who actually participated in the infliction of physical injury or death o 2. Officers or alumni who planned the hazing though not present o 3. Parents of member whose house is used, if they knew but did not prevent such acts from happening Liable as accomplices:

SPECIAL PROTECTION AGAINST CHILD ABUSE (RA 7610)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 25

o 3. Deriving profit or advantage from child prostitution Punishable acts of child trafficking: o 1. Engaging in trading and dealing with children, as in buying and selling children for consideration o 2. Qualified trafficking if victim is less than 12 Attempted child trafficking: o 1. Child travels alone to foreign country without valid reason, clearance from parents or guardian, or DSWD o 2. Person or institution recruits women or couples to bear children to be trafficked o 3. Doctor, midwife, nurse, or other hospital employee simulates birth for purpose of child trafficking o 4. Person finds children among low-income families, hospitals, clinics, etc. for trafficking

IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267) Elements of kidnapping/SID: o 1. Committed by private individual o 2. Kidnaps, detains, or deprives another of liberty o 3. Detention is illegal Presumed lack of consent if minor Even if there was prior consent, but is thereafter prevented from leaving o 4. At least one of the following circumstances applies: Detention lasted more than 3 days Offenders simulated public authority Physical injuries were inflicted on the victim Threats to kill the victim were made Victim is a female, public officer, or minor (except when accused is one of the parents) Notes on circumstances: o Length of time only relevant for 1st ground o Usurpation of authority is absorbed by the 2 nd ground o PI absorbed by 3rd ground, so no complex crime Qualifying circumstances: o 1. Ransom is demanded o 2. Victim is killed or dies as a consequence

o 3. Victim is raped o 4. Victim is subjected to torture or dehumanizing acts Distinguish: o In grave coercion, a person is also prevented from leaving or going to another place, but there is no actual confinement or lockup of the victim. o P v. Astorga: accused and victim where strolling in school grounds where accused led victim to another town. The child wanted to leave but accused did not let her grave coercion Notes: o Kidnapping denotes taking of victim; illegal detention consists in mere deprivation of liberty o Recall RA 9745, Torture law, which qualifies as well o There is special complex crime of kidnapping with murder (unlike robbery, where everything is just robbery with homicide) o The special complex crimes arise when there is a logical connection or intimidate relation between the kidnapping and the other crime includes death in crossfire o Even if the rape, killing, etc. is just an afterthought o If the original intent, however, is to murder or to rape, then that is the crime per se o There are as many crimes as the number of persons kidnapped o If the component crime of the special complex crime is merely attempted/frustrated, there is no special complex crime o PD 532 Kidnapping qualifies highway robbery Situations: o X and Y kidnapped Z, took his car, and demanded ransom. When they failed to get it, they killed Z. HELD: 1) Kidnapping with homicide for ransom. 2) Carnapping o X killed son of employer then kidnapped and killed the other child HELD: 1) Murder, and 2) Kidnapping with murder, as the killing of the first child was already consummated at the time the second was kidnapped and killed.

SLIGHT ILLEGAL DETENTION (268)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 26

Notes: o Same, but none of the grounds in 267 apply o Special rule: anyone who furnishes the place for perpetration of slight illegal detention is punished as a principal. For 267, he is an accomplice. Special mitigating circumstance: o Offender voluntarily releases the victim within 3 days, without having attained the purpose intended or before institution of criminal proceedings o N.B. This does not apply to 267 Elements: o 1. Offender arrests or detains another o 2. Purpose is to deliver him to proper authorities o 3. Arrest or detention not authorized by law or there is no reasonable ground Notes: o Usual cause: arrest without warrant but not under any of the exceptions under law o Proper authorities: authorized to arrest or file charges o Committed by private individuals or public officers without authority to do so or not acting in his official capacity Elements: o 1. Person entrusted with the custody of a minor o 2. He/she deliberately fails to restore the latter to his parents or guardians Notes: o Can be committed by any of the parents, but reduces liability Notes: o Inducing a minor to abandon the home of his parents or guardians or persons entrusted with his custody o Because parents cannot commit kidnapping and SID against their children, if the parent kidnapped the minor child, then apply 271. If the child is an adult, apply 267.

TRESPASS TO DWELLING (280) AND OTHER FORMS OF TRESPASS (281) Modes (280): o 1. Entering dwelling of another against the latters will o 2. Same, but through means of violence or intimidation Elements of 281: o 1. Entering closed premises or fenced estate of another o 2. It is uninhabited o 3. The prohibition to enter is manifest o 4. No permission secured from the owner or caretaker No trespass committed: o 1. Purpose of entry is to prevent some serious harm to the person entering, occupants, or third persons o 2. Purpose is to render some aid to humanity or justice o 3. Places entered are cafes, taverns, inns, and other public houses while open Notes: o If one enters the dwelling to commit a crime and commits it, then dwelling becomes an AC and trespass loses juridical existence o If he intends to enter only, and upon entering, he decides to commit another crime 2 crimes o Refusal of consent may be express or implied o Applies even to tenants or lessees o If place is a restaurant, disco, etc. then its trespass to sproperty, not dwelling o Permission must be by one of sufficient discretion Contrast: o 1. Violation of dwelling (128) if public officer searches o 2. Unjust vexation or light coercion (287) o 3. Theft: entered to fish, harvest, or gather, etc. o 4. Vagrancy: unfenced and not prohibited to enter

UNLAWFUL ARREST (269)

KIDNAPPING AND FAILURE TO RETURN A MINOR (270)

INDUCING A MINOR TO ABANDON HIS HOME (271)

GRAVE THREATS (282), LIGHT THREATS (283), OTHER LIGHT THREATS (285) Grave threat Threatens a crime May or may not have a condition Indications show he persists in the Light threat Threatens a wrong Must have condition a Other light threat Threatens a wrong Does not condition have a

Threat made in the heat of anger and

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 27

crime

indications show he does not intent to persist in the wrong

o o Threats

If to take real property, usurpation of real property If with lewd design, forcible abduction Coercion Threatened harm is immediate, personal, direct Cannot be through intermediary or in writing By violence or intimidation if it is direct, immediate, and personal (ex. firearm) Ex. If you do not get out, I will kill you.

Notes: o Must create in the mind of the victim that the threat will be carried out, when made o Threatening another with weapon or drawing it in quarrel, unless in lawful self-defense: other light threat o Intimidation may be committed by intermediary o If threat is part of element of another crime, it is absorbed (ex. threatening to kill to get consent for sex: rape; ex. usurpation of real property) o Grave threats depends on moral purpose; robbery is securing the property on the spot o Grave threat and light threat court may require bond for good behavior; failure to give: destierro o Threat to sue in court is not a wrong

Threatened harm is future and conditional May be through intermediary or in writing By intimidation which is future or condition Ex. If you are still here when I come back, I will kill you.

LIGHT COERCIONS/UNJUST VEXATION (287) Light coercion: o Through violence, seizing anything belonging to debtor to apply for payment of debt Unjust vexation: o Conduct not leading to physical harm or without force or intimidation leads to annoyance, irritation, disturbance to victim (pangkukupal) Notes: o If against property, there is malicious mischief; not personal security o Only through dolo

GRAVE COERCION (286) Elements: o 1. Person is prevented by another from doing something not prohibited by law or compelled to do something against his will, whether right or wrong o 2. Prevention or compulsion by violence (material force or serious intimidation) o 3. Person has no right to do such Aggravated grave coercion: o 1. Against right of suffrage o 2. Against right of religion Notes: o Preventive coercion prevent from doing something o Compulsive coercion compel to do something o Preventive coercion with subject of an act prohibited by law: no grave coercion but it can be physical injuries or unjust vexation (if no physical injuries) o If there is deprivation of liberty, SID/kidnapping o If to prevent from seeking grievance, Art. 131

ANTI-WIRETAPPING ACT (RA 4200) Notes: o RA 4200 covers private conversations (not public) o Recording allowed if there is consent by all those involved in the conversation o Tape recorders included; phone extension lines are not

HUMAN SECURITY ACT (RA 9372) Punishable acts:

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 28

o o

1. Unauthorized or malicious interception or recording of communication or conversation 2. Unauthorized or malicious examination of bank Bank officials or employees defying court authorization 3. Unauthorized revelation of classified materials

Exempt from filing fees

X: CRIMES AGAINST PROPERTY ROBBERY IN GENERAL (293) Elements: o 1. Personal property of another o 2. Unlawful taking o 3. Intent to gain o 4. Violation or intimidation against persons OR force upon things Notes: o No more frustrated robbery o Gain need not be material o If property thought to be ones own no intent to gain o If violence or intimidation is done after possession is taken, only liable for theft, grave coercion, or physical injuries. But if person is killed in occasion of robbery, it is robbery with homicide o Need not offer in evidence the property taken, because it could have been destroyed or thrown away o Presumption of robbery (or theft) if person possesses recently-stolen property and cannot explain why

ANTI-TRAFFICKING OF PERSONS ACT (RA 9208) Punishable acts of trafficking: o 1. Recruiting/providing persons for prostitution, porn, sexual exploitation, involuntary servitude, forced labor, slavery, debt bondage o 2. Other means to achieve above: mail-order brides or paid matching, , offering or contracting marriage, sex tourism, adoption, pretense of overseas recruitment, o 3. Organ harvesting or recruitment of child soldiers Acts promoting trafficking: o 1. Leasing property for trafficking o 2. Issuing fake govt compliance materials, assisting in misrepresentation, facilitating entry/exit, confiscating or destroying travel documents of trafficked persons o 3. Advertising or promoting o 4. Knowingly benefiting from involuntary servitude, slavery, debt bondage Qualified trafficking: o 1. Trafficked person is a child o 2. Adoption through Inter Country Adoption Act o 3. By syndicate or large scale o 4. By ascendant, parent, sibling, guardian, or person with authority of the victim, or public officer/employee, law enforcement agent, military personnel o 5. Victim dies, becomes insane, acquires HIV/AIDS Notes: o Civil liabilities from personal properties; if insolvent, from proceedings and instrument of trafficking that are confiscated o There can be independent civil action under RA 9208

ROBBERY WITH VIOLENCE OR INTIMIDATION AGAINST PERSONS (294) Crimes punished: o 1. Robbery with homicide o 2. Robbery with rape, intentional mutilation, arson, or personal injuries (par. 1 of 263) o 3. Robbery with physical injuries (par. 2 of 263) o 4. Robbery with physical injuries (pars. 3-4 of 263) o 5. Simple robbery Notes: o #s 1-4 are special complex crimes. Follow above order. So if there is robbery with homicide and rape, it is robbery with homicide only o The extra rape above is not aggravating

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 29

o o o o o

o o o o

o ROBBERY

Remember that homicide, rape, mutilation, arson, and SPI are only special complex crime components for robbery with violence upon persons If PI are just LSPI or slight, only simple robbery The other component crime must be consummated If the other constituent element is not consummated, it can be a complex crime under Art. 48 Homicide is a generic term that can cover murder, parricide, etc. It covers even reckless imprudence. By reason of crime of robbery means that there must simply be a legal connection or intimate relation with robbery, even if it happens, before, during, or after If there are separate criminal intents, or the other is just an afterthought, there are two separate crimes Even if person killed is one of the robbers, it is robbery with homicide Even if multiple people are killed or rape, just robbery with homicide or robbery with rape Act of one is act of all EXCEPT if one robber overtly attempts to prevent the homicide; he is just liable for simple robbery even if he wasnt able to prevent it Dwelling is AC in violence against persons; inherent in force upon things if broke into dwelling
WITH

Notes: o Frustrated robbery does not exist anymore o P v Escote: Treachery can aggravate robbery with homicide (not qualified to murder) o If robbery is attempted, but homicide consummated: separate crimes of attempted robbery and homicide

EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (298) Notes: o Crime is still robbery, but person compels one to sign, execute, or deliver public instrument or document through violence or intimidation o Public instruments or documents only o If document is void, grave coercion only o If person compelled dies due to heart attack, the crime is still 298, not robbery with homicide, although penalty is governed by 294 par. 1
IN AN INHABITED HOUSE, PUBLIC EDIFICE, OR DEDICATED TO

ROBBERY

RELIGIOUS WORSHIP

(299)

PHYSICAL INJURIES (295-6)

THAT

ARE

COMMITTED

IN

AN

UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF STREET, ROAD, OR ALLEY

FIREARM

ON A

Special aggravating circumstances: o 1. In an uninhabited place o 2. By a band o 3. Attacking a moving train, car, airship, or entering passenger compartments in a train Notes: o Applies to robbery with physical injuries only o Band here is SPECIAL AC no offset by generic MC o Unlicensed firearm removed by RA 8294

Modes of robbery with force upon things in 299: o 1. Entering premises using constructive or actual force o 2. Entering without force but while inside, broke walls, doors, receptacles to extract personal property o 3. Brought out of the premises locked or sealed receptacles for the purpose of breaking them outside o 4. Place is inhabited house, public building, or edifice for public worship Notes: o Constructive force is entering through opening not meant for ingress/egress, using picklocks or tools, or simulating public authority or false name o For mode 2, only actual force (actual breaking) o If none apply, just theft o Use of fake name or usurpation of authority is just a mode; do not apply Art. 48

ATTEMPTED AND FRUSTRATED ROBBERY (297)

ROBBERY OF AN UNINHABITED PLACE (302)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 30

Notes: o If committed by a band, impose maximum penalty o If to rob cereals, fruits, firewood: 303 (lower penalty)

4. Enter enclosed property where trespass prohibited, then hunt, fish, or gather crops

is

POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5) Notes: o Mere possession or making these tools is punished o If robbery actually committed, absorb possession o False keys include genuine keys stolen from owner

BRIGANDAGE (306-7) Brigandage 3 or more armed robbers Highway Robbery (PD 532) Even just one person; but actually organized or dedicated to commit highway robbery a There must be performance of actual highway robbery Indiscriminate robbery highway

Mere conspiracy to form band of brigands is a crime Against a particular victim

Liability of those who profit from the robbery: Brigandage Aiding or abetting a band of brigands (307) Fencing THEFT (308) Modes: o 1. Taking anothers property without his consent o 2. Offender finds lost property and he deliberately does not return it to the owner or the authorities o 3. A person who maliciously damaged property of another, shall remove or make use of fruits or object of the damage caused by him Highway Robbery Accomplice under Art. 4 of PD 532

Notes: o Distinguish from #4: robbery of cereals in uninhabited place o Stolen property may be stolen again o If private person is given property for particular purpose and he took it, it is theft if only physical possession is given but juridical possession is kept by the transferor; if juridical possession is given to the thief, it is estafa Ex. a bank teller who steals deposited money commits theft because he only has de facto possession of money as employee o Services can be stolen (ex. electricity) o Lost property must not yet be abandoned o Person who profits from crime: principal under Antifencing law or accessory under RPC Situation: o A sheriff stole evidence stored in the vault of the court (ex. Gun, money, whatever), when the clerk of court mistakenly left the vault open. HELD: Sheriff: theft; Clerk of court: Malversation by culpa, since he has custody Qualifying circumstances: o 1. Grave abuse of confidence o 2. By domestic servant o 3. Coconut taken from plantation (tree or ground) o 4. Fish taken from pond o 5. Motor vehicle (now also carnapping) o 6. Large cattle (now also cattle rustling) o 7. Mail matter o 3. Taken during calamity and misfortune Notes:

QUALIFIED THEFT (310)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 31

o o o

Anti cattle rustling law, and anti-carnapping law did not amend 310 these are SPLs If one is trusted and the other is not, then it is qualified to the former and simple theft for the other A commission salesman not special confidence required by grave abuse; it must be personal relationship, not just business relationship

ANTI-CARNAPPING LAW (RA 6539) Elements: o 1. Taking of motor vehicle o 2. With intent to gain o 3. Either: Without owners consent Force upon things Violence/intimidation upon persons Modes: o A. Carnapping with homicide, carnapping with rape, or carnapping with murder Special complex crime (RP) o B. With violence, intimidation, force upon things Qualified carnapping (17y4m-30y) o C. Without violence, intimidation, force upon things Simple carnapping (14y8m-17y4m) Notes: o Motor vehicle is propelled by power other than muscular and using public highways o Not utility vehicles if not used on public highways, those than run on rails or tracks, or exclusively used for agricultural purposes o Trailers are a separate motor vehicle o Special complex crime if committed on the course of commission of carnapping or on occasion thereof o Person killed or raped may even be a bystander o If homicide/murder/rape is not consummated, qualified carnapping only

Qualified and simple carnapping do not follow RPC nomenclature so rules on accessories, etc do not apply o X stole a truck and personal effects therein. HELD: Two crimes: 1) carnapping and 2) theft Special duties: o 1. On collector of customs, to report to LTO within 7 days of arrival of motor vehicle or parts, and hold it until LTO numbers it, if unnumbered o 2. Importer, distributor, seller must keep record of stocks and to whom these are sold to o 3. Assembler or rebuilder of vehicle must secure clearance and permit o

ANTI-FENCING LAW (PD 1612) Requisites: o 1. Crime of robbery or theft committed o 2. Not a principal or accomplice in the commission of the crime, deals with the article in any manner, and the article was derived from the proceeds of the crime o 3. Accused knows or should have known that it was derived from proceeds of robbery or theft o 4. There is intent to gain for himself or another Notes: o Fence is the person or entity that fences o Those who buy-and-sell need a permit, or else, liable as fence o Failure to get permit can result into closure of business o Test of should have known it is stolen: if the articles were displayed for sale, receipt was issued, etc. o Presumption: mere possession of the stolen goods

USURPATION OF REAL PROPERTY OR REAL RIGHTS OVER PROPERTY (312) Notes: o Similar to robbery, except involving real property o Double penalty one for act of usurpation, one for each act of violence o BUT it is a single and indivisible offense (just usurpation, not usurpation with homicide)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 32

CULPABLE INSOLVENCY (314) Notes: o Debtors who conceal properties to avoid paying debt

SWINDLING/ESTAFA (315) Types of estafa: o 1. With abuse of confidence or unfaithfulness (par. 1) o 2. Through fraud (par. 2) o 3. Through other fraudulent means (par. 2) Modes under par 1 (abuse of confidence): o 1. Altering the substance of anything with value that the offender should deliver by obligation o 2. Misappropriating or converting to the prejudice of another, some money, goods, etc. o 3. Taking undue advantage of signature in blank Notes: o Mode 1 can cover even illegal or obscene goods o Elements of mode 2: 1. Goods were assigned 2. Misappropriation, conversion, or denial of receipt 3. To the prejudice of another 4. Demand by offended party to return the money or property o Mode 2 covers juridical possession (ex. bailment) o There must be fiduciary relationship involved o No estafa if there is no gain for the party o No such thing as estafa through negligence; it is dolo o No estafa in mutuum (ownership transferred) o X was a sales agent selling residential lots on behalf of a corporation. He was authorized to sell the lots, but NOT receive the monthly amortizations from the lot buyers. However, he received these and worse, he failed to remit these. HELD: Two sets of estafa: 1) against lot buyers, through fraud or misrepresentation; 2) against employer, abuse of confidence

As many counts of estafa as number of victims; but if committed on different occasions, as many counts as number of transactions Modes under par 2 (fraud): o 1. Using fictitious name, falsely pretending to possess power, influence, qualifications, property, credit, etc. o 2. Altering quality, fineness, weight of anything pertaining to his business or art o 3. Pretending to have bribed government employee o 4. Bouncing check o 5. Obtaining food or service from a hotel or restaurant without paying for it and with intent to defraud, or obtaining credit through false pretense/fraud Notes: o Maximum penalty, if mode 3 o Illegal recruitment liable in Labor Code and estafa o Elements of par 2 crimes: 1. False pretense, fraudulent act or means 2. Made or exhibited prior to or simultaneously 3. Victim relied on such and was thus induced to part with his money or property 4. Causing damage o Caveat emptor does not apply o Bouncing check under estafa (315) o Elements of bouncing check in estafa (315): 1. Post-dating or issuing check for obligation contracted at the time the check was issued 2. Lack or insufficiency of funds to cover it 3. Knowledge of the drawer of this lack 4. Damage capable of pecuniary estimation to the payee 5. Did not deposit required amount within 3 days from notice of dishonor o Key: the obligation must not pre-exist the issuance of the check; thus, if issued as security, no estafa o Lack of funds material when the check is due Modes under par 3 (other frauds): o

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 33

o o o

1. Inducing another through deceit to sign document 2. Fraudulent practice to insure success in gambling 3. Removing, concealing, or destroying in whole or in part, any court record, office files, document, or any other papers

BOUNCING CHECKS LAW (BP 22) Covered by BP 22, but not estafa: o 1. Issuance of check as deposit o 2. Issued as guaranty o 3. For pre-existing obligation Notes: o Period to cover lack of funds is 5 days from notice of dishonor, not 3 days o If check is already stale when cashed, then there is no prima facie presumption of knowledge of no funds o There can be simultaneous BP 22 and Estafa case Modes: o 1. Pretends to own of real property and disposes it o 2. Knows real property is encumbered and disposes it o 3. Owner of personal property wrongfully takes it from lawful possessor to latters prejudice or of 3rd person o 4. Executing fictitious contract to prejudice of another o 5. Person accepts any compensation given him under the belief that it was in payment for labor/service when he didnt actually perform any o 6. Surety in a bond for criminal or civil action disposes of the property given by him, without leave of court Notes: o Covers other conceivable deceits not covered above o Even those who tell fortunes or dreams for a profit (!) Elements: o 1. There is fire o 2. It was intentionally caused o 3. Property burned even if not completely destroyed Modes:

OTHER FORMS OF ESTAFA/SWINDLING (316)

OTHER DECEITS (318)

DESTRUCTIVE ARSON (320)

1. Destructive arson Place with explosive materials Cultural, educational, social service edifice Religious place Where evidence is kept Train, plane, vessel, means of transportation Hospital, hotel, housing, mall, market, movie, and similar places Building in congested or populated area o 2. Other arsons: Government building Inhabited house or building Industrial establishment (shipyard, mine, platform, tunnel, etc.) Plantation or farm, rice mil Station, airport, wharf, warehouse o 3. Simple arson Special aggravating circumstances: o 1. With intent to gain o 2. To benefit another o 3. Out of spite or hatred o 4. By syndicate Specially punished: o 1. Arson, where death results (qualified) o 2. Mere conspiracy Notes: o There can be arson by negligence (ex. person burns trash, disregarding strong winds. The winds blew cinders to neighbors property, burning it) simple imprudence resulting in arson o No frustrated arson o No arson with homicide. If intent is to kill, murder. If intent is to burn, arson (just civil liability for death). If burning is conceal homicide, separate crimes. o Just one crime of arson even if several houses burned o Burned own property: liable if damaged other property o Notes: o Intentionally causing damage to property of another without use of fire or pyrotechnic o There must be specific intent to destroy such property (unlike arson, where it can be culpa or dolo)

MALICIOUS MISCHIEF (327)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 34

o o EXEMPT (332)

If purpose is to annoy, unjust vexation If death results from arson, it is just arson; if death or injury results from malicious mischief, separate crimes CRIMINAL LIABILITY
IN

FROM

CRIMES AGAINST PROPERTY

What crimes are covered: o 1. Theft and qualified theft o 2. Estafa not complexed with other crimes o 3. Malicious mischief Who are exempt from criminal liability: o 1. Spouses o 2. Ascendants and descendants o 3. Son/daughter-in-law and mother/father-in-law o 4. Brothers and sisters who must be living together Whether legitimate, half, or illegitimate Notes: o Participating strangers are not exempt o There is still civil liability, exemption is for criminal

Who is liable: o Husband o Concubine destierro only Notes: o If man had a married concubine: liable for both adultery and concubinage (336)
AND

ACTS OF LASCIVIOUSNESS LASCIVIOUSNESS (339) Acts of lasciviousness (336) Obscene committed lewd design acts with

CONSENTED

ACTS

OF

Consented acts of lasciviousness (339) Obscene committed design acts lewd

Sexual abuse (RA 7610) Obscene acts committed with lewd design

with

XI: CRIMES AGAINST CHASTITY ADULTERY (333) Liable for adultery: o 1. Married woman who has sexual intercourse with a man not her husband o 2. That other man who has carnal knowledge of her, knowing her to be married Notes: o The other man must know she is married o Each sexual intercourse is one count of adultery o No frustrated adultery; there is attempted adultery o Criminal action must be against both parties if alive o Both pardon and consent bar filing criminal complaint o Private crime Modes: o 1. Husband keeping a mistress in the conjugal dwelling o 2. Having sexual intercourse under scandalous circumstances with a woman not his wife o 3. Cohabiting with the woman in any other place

Committed under circumstances of rape (no consent) Victim is male or female

Committed under circumstances of seduction (consent secured by deceit) Victim is female Victim is male or female exploited in prostitution or subjected to sexual abuse 12 to below 18 years old (if less than 12, prosecute under RPC)

Any age, reputation

any

12 to below 18 years old and virgin of good reputation

CONCUBINAGE (334)

QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338) Qualified seduction (337) Offender has sexual intercourse with the victim through cajolery Simple seduction (338) Offender has sexual intercourse with the victim through cajolery

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 35

Victim is a virgin woman

Victim is a single woman or widow (because you cant get married below 18 now) of good reputation Offender is any person

o o o o

Offender is person with authority, confidence, or relationship vis--vis the victim Generally, victim is 12 to below 18 years old Victim can be 18 or older if the offender is an ascendant or brother

Victim is always 12 to below than 18 years old

Complex crime of forcible abduction with rape Taking of the woman amounts to forcible abduction, and thereafter she got raped Only one rape can be complexed with forcible abduction. Subsequent rapes are separate crime Kidnapping if initial intent of taking to deprive of liberty Kidnapping with rape if the woman was raped thereafter in the occasion of kidnapping Forcible abduction cannot be complexed with attempted rape or acts of lasciviousness, because all those crimes are different manifestations of the same lewd design

PROVISIONS RELATING TO CRIMES AGAINST CHASTITY (344) Notes: o Civil indemnity is absolute and not dependent on financial capacity of accused o For concubinage and adultery, both must be charged (or pardoned). The offended party may grant pardon to both offenders prior to criminal prosecution. o For other crimes against chastity, there can also be pardon prior to criminal prosecution by victim. o For rape, seduction, abduction, acts of lasciviousness, valid marriage between offender and offended extinguishes criminal action or remits penalty for rape, seduction, abduction, acts of lasciviousness For seduction, abduction, acts of lasciviousness there is express provision extending benefit to co-accused (344) For rape, no such specific provision (266-C) Civil liability of rape convict who sires a child: o 1. Indemnify the woman o 2. Acknowledge the offspring unless the law prevents him from doing so o 3. Support the offspring

Notes: o Seduction is sexual intercourse with one presumed to be unable to give full consent, although not rape o If no sexual intercourse, but same circumstances, consented acts of lasciviousness o Abuse of confidence is inherent in qualified seduction Compare with rape: o It is always rape if less than 12 years old o If 12-18 there must be force or intimidation to become rape. Virginity is not material in rape. o In qualified seduction, the girl must be 12-18 and virginity is an element.

FORCIBLE ABDUCTION (342) AND CONSENTED ABDUCTION (343) Forcible abduction (342) Victim is any woman of any age, civil status, or reputation Abducted against her will With lewd designs Consented abduction (343) Victim is virgin of 12 to below 18 years old Abducted with her consent With lewd designs

XII: CRIMES AGAINST CIVIL STATUS SIMULATION OF BIRTHS, SUBSTITUTION OF CONCEALMENT OR ABANDONMENT OF LEGITIMATE USURPATION OF CIVIL STATUS (348) Punishable acts:
CHILDREN, CHILD AND AND

Notes: o If initial intention is rape, forcible abduction absorbed

(347)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 36

o o

1. Simulating birth, substituting one child for another, or abandoning/concealing a legitimate child to have him lose civil status 2. Cooperating in the crime through office or position, if physician, surgeon, or public officer 3. Usurping the civil status of another to defraud the offended party or his heirs

XIII: CRIMES AGAINST HONOR LIBEL (353) Elements: o 1. Allegation of discreditable act or condition to another o 2. Publication of the charge o 3. Identity of the person defamed o 4. Existence of malice Notes: o Identity a stranger or third person may be able to identify him as the subject of the statement o Publication after being written, made known to someone other than the person to whom it has been written Unsealed libelous letter sent to offended party is published, because anyone could read it Inter-office memo directed only towards supervising officers is not published o Presumption: all defamatory imputations are malicious, even if the allegation is true Exception: Good intention and justifiable motive shown o Court may impose a fine instead of imprisonment, or both. (SC AM No 08-2008: fine is preferred) o A headline alone is not libelous; it must be read alongside the accompanying article Exceptions to libel: o 1. Private communication to another in performance of legal, social, or moral duty o 2. Fair comment of public acts Other punishable persons in libel: o 1. Those who threaten to publish the libelous material unless he is compensated o 2. Those who offer to prevent the publication of such libel for compensation

Notes: o Simulation of birth done in record of birth o If in another document, crime is falsification

BIGAMY (349) Elements: o 1. Offender has been legally married o 2. Marriage has not been legally dissolved, or absent spouse not yet been judicially declared presumed dead o 3. Offender contracts a subsequent marriage o 4. Such subsequent marriage has all the essential requisites of validity Notes: o Judgment of nullity or annulment must precede subsequent marriage; no curing o Constructive notice by registration does not apply to bigamy, because it is usually entered into secretly from the legal spouse. There must be actual knowledge of the subsequent marriage. (Whereas in property and land disputes, constructive knowledge vests upon registration degree) (351),

ILLEGAL MARRIAGE (350), PREMATURE MARRIAGE PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)

Illegal marriage: o Knowingly enter into void or voidable marriage (except bigamous marriages) Premature marriage: o 1. Remarry within 301 days from the death of husband o 2. Remarry prior to delivery of her child, if pregnant during his death Illegal marriage ceremony: o Solemnizing officer who celebrates illegal marriage

SLANDER (358)

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 37

Notes: o Whether defamatory remark is serious or slight depends on special circumstances of each case, antecedents, or relationships between the offended party and the offender which might tend to prove the intention of the offender at the time o Not depending on sense and grammatical meaning of the utterances o Putang ina mo is not slander o Defamation: formal crime no attempt/frustration

INCRIMINATORY MACHINATIONS (363-364) Crimes under incriminatory machinations: o 1. Incriminating an innocent person (363) o 2. Intriguing against honor (364) Notes: o Incriminating against a person is imputing to him the commission of a crime (including planting of evidence) o Intriguing against honor chismis; author is unknown and offender appears to be repeating what he heard from others, and he is not assuming responsibility for the statement o If source of statement is known, it is slander

SLANDER BY DEED (359) Notes: o Slander by deed is dishonor, discredit, or contempt upon another person not covered by slander or libel

XIV: CRIMINAL NEGLIGENCE What are the elements of reckless imprudence? o 1. Offender does or fails to do an act o 2. It is voluntarily done or not done o 3. Without malice o 4. Material damage results from the reckless imprudence o 5. There is inexcusable lack of precaution on the part of the offender, taking into account: employment, intelligence, physical condition, other circumstances Types of criminal negligence: o 1. Simple imprudence failure to exercise diligence necessary or called-for by the situation; harm is not immediate and danger is not openly visible o 2. Reckless imprudence voluntarily doing or failing to do, without malice, where material damage results from inexcusable lack of precaution Notes: o There must be manifest material damage to another o Complex crimes apply to imprudence, if reckless, imprudent, or negligent act results in 2 or more grave or less grave crimes

GENERAL PROVISIONS (360) Persons responsible for defamatory publications: o 1. Publishes, exhibits, or causes the publication or exhibition of any defamation o 2. Author or editor of a book or pamphlet, newspaper to the extent they are authors/editors thereof Jurisdiction: o Express provision of law: always under RTC Alternative venues of libel cases: o 1. RTC where libelous article is printed and first published (regardless of nature of victim) o 2. If victim is a private individual, RTC where he actually resided during offense o 3. If victim is a public officer whose office is in Manila at the time of the commission of offense, in RTC Manila o 4. If public officer outside of Manila, in the RTC where he held office during the commission of the offense When public officers can demand damages from press: o 1. Statement was made with actual malice with knowledge that it was false, or o 2. With reckless disregard of whether it was true or not

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 38

o o o

Subsequent abandonment of victim has higher degree of penalty (must allege as qualifying circumstance) Medical malpractice usually requires expert evidence, except if there is res ipsa loquitur No crime of double homicide through reckless imprudence. In reckless imprudence, the actual penalty for criminal negligence bears no relation to the individual willful crime or crimes committed, but set in relation to a whole class/series of crimes. N.B. In the penalties for negligence, what matters is if a less grave or a grave felony results. This determines the violation. A charge under the RPC does not absorb other charges comprising mala prohibita crimes

Glenn Tuazon | RPC Book 2 Bar Saturday Reviewer

Page 39