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MEMORY AID IN CRIMINAL LAW BOOK ONE

CRIMINAL LAW The branch or division of


law which defines crimes, treats of their nature and provides for their punishment. LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS The law must not: (CODE:VEBI) 1. Violate the equal protection clause of the Constitution. 2. Partake the nature of an ex post facto law. 3. Partake of the nature of a bill of attainder. 4. Impose cruel and unusual punishment nor excessive fines.

If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated.

ART. 1. TIME WHEN THE ACT TAKES EFFECT TWO SCHOOLS OF THOUGHT IN CRIMINAL LAW
CLASSICAL 1. Basis of criminal liability Human free will POSITIVIST The sum of social and economic phenomena to which the actor is exposed Prevention or correction The provisions on impossible crimes and habitual delinquency

CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL - criminal law is binding on all


persons who live or sojourn in Philippine territory (Art. 14, NCC.). EXCEPTIONS: those who are exempted by: a. Treaty stipulations. b. Laws of preferential application c. Principles of public internal law (i.e., sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and their charges daffaires. But consuls, vice-consuls and other commercial representatives of foreign nations cannot claim the same privileges and immunities.

2. Purpose of penalty 3. Exemplified in

Retribution The RPC in general

2. TERRITORIAL - criminal laws of the


Philippines are enforceable only within its territory. EXCEPTION: Art. 2 of the Revised Penal Code.

NOTE: A third school of thought may be added which is called: Eclectic or Mixed Philosophy this combines both positivist and classical thinking. Crimes that are economic in nature and social in nature should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should be dealt with in a classical manner: thus, capital punishment as imposed by RA 7659 is justified.

ART. 2. APPLICATION OF ITS PROVISIONS


Exception to the Principle of Territoriality RULES ON VESSELS: 1. A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs. 2. On Foreign Merchant Vessels: FRENCH RULE GENERAL RULE: Crimes are not triable in the courts of the country, EXCEPTION: their commission affects the peace and security of the territory or the safety of the state is endangered. 1 ENGLISH RULE GENERAL RULE: Crimes are triable in the country, EXCEPTION: they merely affect things within the vessel or they refer to the internal management thereof.

3. PROSPECTIVE - penal laws cannot make


an act punishable in a manner in which it was not punishable when committed. As provided in Article 366 of the Revised Penal Code, crimes are punished under the laws in force at the time of their commission. EXCEPTION: When a new statute dealing with the crime established conditions more lenient or favorable to the accused, it can be given a retroactive effect. EXCEPTION TO THE EXCEPTION: a. The new law is expressly made inapplicable to pending actions or existing causes of actions. b. The offender is a habitual criminal.

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

NOTE: The English rule is more assertive while the French rule is more restrained. 3. Merchant Vessel vs. Warship(Public Vessel) MERCHANT More or less subject to territorial laws WARSHIP Territory of the country where they belong. Not subject to territorial laws MALA IN SE vs. MALA PROHIBITA (CODE: G-CLAMP) MALA IN SE MALA PROHIBITA 1. As to The moral trait is The moral trait of moral trait considered. the offender is not of the Liability will arise considered. It is offender only when there enough that the is dolo or culpa. prohibited act was voluntarily done. 2. As to Good faith or Good faith is not a use of lack of criminal defense. good faith intent is a valid as a defense; unless defense the crime is the result of culpa. 3. As to The degree of The act gives rise degree of accomplishment to a crime only accomplish of the crime is when it is ment of the taken into consummated. crime account in punishing the offender. 4. As to Mitigating and Mitigating and mitigating aggravating aggravating and circumstances circumstances are aggravating are taken into not taken into circumstan- account in account ces imposing the penalty 5. As to When there is Degree of degree of more than one participation is not participati offender, the taken into account. on degree of All who participation of perpetrated the act each in the are punished to commission of the same extent. the crime s taken into account. of 6. As to 1. Violation of 1. Violation the R.P.C. Special Laws what laws (General (General rule) are rule) violated TEST TO DETERMINE WHETHER OFFENSE IS MALA IN SE: The test is not the law punishing it but the nature of the act itself. Although as a rule, special laws punish acts as mala prohibita, if the act punished is wrongful in nature, or inherently immoral, like the offense under the Election Code regarding the omission of the voters name in the voters list, the act is considered wrong per se and not a wrong merely because it is prohibited. Hence, good faith and lack of criminal intent are valid defenses (People vs Sunico [CA] 50 O.G., 5880) 2
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

ART. 3. FELONIES GENERAL ELEMENTS OF FELONIES:

1. There must be an act or omission i.e.,


external acts, internal acts are beyond the sphere of penal laws. 2. The act or omission must be punishable by the RPC; 3. The act is performed or the omission incurred by means of dolo or culpa.

CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED

1.

Intentional felonies - the act is performed with deliberate intent or malice. REQUISITES OF DOLO OR MALICE: 1. FREEDOM; 2. INTELLIGENCE; 3. INTENT while doing the act or omitting to do the act. Criminal intent is presumed from the commission of an unlawful act.

2.

Culpable felonies Performed without malice. REQUISITES OF CULPA: 1. FREEDOM; 2. INTELLIGENCE; 3. NEGLIGENCE AND IMPRUDENCE. Such negligence or indifference to duty or to consequence is, in law, equivalent to criminal intent. REASON FOR PUNISHING ACTS OF NEGLIGENCE: A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent.

3.

Mala Prohibita- the third class of crimes punishable by SPECIAL LAWS, and where criminal intent (or criminal negligence) is not, as a rule, necessary, it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law.

the Revised Penal Code. INTENT 1. purpose to use particular means to effect such result 2. element of the crime, except in malum prohibitum 3. essential in intentional felonies MOTIVE 1. moving power which impels one to act 2. NOT an element of the crime 3. essential only when the identity of the perpetrator is in doubt There is no such thing as an attempted or frustrated impossible crime.

ART. 6. CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES STAGES OF OFFENSES

1.

CONSUMMATED FELONY - A felony is consummated when all the elements necessary for its execution and accomplishment are present. FRUSTRATED FELONY ELEMENTS: (CODE: APNI) 1. The offender performs all the acts of execution 2. All the acts performed would produce the felony as a consequence 3. But the felony is not produced 4. By reason of causes independent of the will of the perpetrator

ART. 4. CRIMINAL LIABILITY


REQUISITES FOR CRIMINAL LIABILITY FOR A FELONY, DIFFERENT FROM THAT INTENDED TO BE COMMITTED (ART 4 PAR. 1 ): 1. That an Intentional felony has been committed; 2. That the wrong done be different from that which was intended: and 3. That the intentional felony be the proximate cause of the wrong done. PROXIMATE CAUSE -the cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM THAT INTENDED 1. Error in personae - mistake in the identity of the victim 2. Aberratio ictus- mistake in the blow 3. Praeter intentionem- the injurious result is different from that intended REQUISITES OF MISTAKE OF FACT AS DEFENSE: (U.S. vs. Ah Chong) 1. The act done would have been lawful had the facts been as accused believed them to be 2. The intention of the accused in doing the act was lawful 3. The mistake was without fault or carelessness on the part of the accused REQUISITES OF AN IMPOSSIBLE CRIME (ART. 4, PAR. 2): 1. That the act performed would be an offense against persons or property 2. That the act was done with evil intent 3. That its accomplishment is inherently impossible, OR that the means employed is either inadequate or ineffectual. 4. That the act performed should NOT constitute a violation of another provision of 3

2.

3.

ATTEMPTED FELONY ELEMENTS: (CODE: CANO) 1. The offender commences the commission of the felony directly by overt acts 2. He does not perform all the acts of execution which should produce the felony 3. The offenders act be not stopped by his own spontaneous desistance; 4. The non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance.

OVERT ACTS: Some physical activity or


deed, indicating intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a concrete offense.

INDETERMINATE OFFENSE: One where


the purpose of the offender in performing an act is not certain. The accused maybe convicted for a felony defined by the acts performed by him up to the time of desistance. (People vs. Lamahang, 61 Phil

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

703) TWO STAGES IN THE DEVELOPMENT OF A CRIME: 1. Internal acts, such as mere ideas in the mind of a person, are not punishable even if they would constitute a crime, had they been carried out. 2. External acts cover a) preparatory acts and b) acts of execution. a. Preparatory acts are ordinarily not punishable. But preparatory acts, considered by law as independent crimes, are punishable (e.g. the possession of picklocks under Art. 304, RPC, which is a preparatory act to the commission of robbery). b. Acts of execution are punishable under the Revised Penal Code. FACTORS TO CONSIDER IN DETERMINING WHETHER THE FELONY IS ATTEMPTED, FRUSTRATED OR CONSUMMATED: (CODE- MEN) 1. Nature of the offense 2. Elements constituting the felony 3. Manner of committing the felony FORMAL CRIMES - consummated in one instant, no attempt. MATERIAL CRIMES - 3 stages of execution.

meeting of the minds towards a common criminal objective. There is an implied agreement. REQUISITES OF PROPOSAL: 1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons. TWO ASPECTS OF CONSPIRACY OR PROPOSAL TO COMMIT FELONY: 1. GENERAL RULE: As a manner of incurring criminal liability. 2. EXCEPTION: As a separate punishable offense. RULES ON CONSPIRACY OR PROPOSAL TO COMMIT A FELONY: 1. GENERAL RULE: Mere conspiracy and proposal to commit a felony are not punishable. Reason: conspiracy and proposal to commit a crime are only preparatory acts. 2. EXCEPTION: They are punishable in cases in which the law specially provides a penalty therefor. When conspiracy is only a basis for incurring criminal liability, there must be an overt act before the co-conspirators become criminally liable. In which case, the rule is that: the act of one is the act of all. EXCEPTION: If any of the co-conspirators would commit a crime not agreed upon, the same is NOT the act of all. EXCEPTION TO THE EXCEPTION: But in acts constituting a single indivisible offense, all will be liable for a crime committed by one co-conspirator. The defense of a particular conspirator would be that he tried to prevent the commission of such other act.

ART. 7. LIGHT FELONIES


GENERAL RULE: Light felonies are punishable only when they have been consummated. EXCEPTION: If committed against persons or property, punishable even if attempted or frustrated. Only principals and accomplices are liable for light felonies Accessories are not liable, even if they are committed against persons or property.

ART. 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY


REQUISITES OF CONSPIRACY: 1. That two or more persons came to an agreement; 2. That the agreement pertains to the commission of a felony; and 3. That the execution of the felony be decided upon. TWO WAYS FOR CONSPIRACY TO EXIST: 1. There is a previous and express agreement; 2. The participants acted in concert or simultaneously which is indicative of a 4

ART. 9. CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY


IMPORTANCE OF THE CLASSIFICATION: a. To determine whether these felonies can be complexed or not; b. To determine the prescription of the crime and the prescription of the penalty.

ART. 10. OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC


GENERAL RULE: The provisions of the RPC on penalties cannot be applied to offenses punishable under special laws.

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

EXCEPTION: If the penalties in the special law follow the penalties in the RPC, the rules in the RPC shall be applicable (People vs Martin Simon, July 1994).

defending (People vs Apolinar, 38 O.G. 2879). 2. DEFENSE OF RELATIVES REQUISITES: 1. Unlawful Aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and 3. In case the provocation was given by the person attacked, the one making the defense had no part therein. RELATIVES THAT CAN BE DEFENDED: (CODE: SAD B4R) 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees. 5. Relatives by consanguinity within the fourth civil degree 3. DEFENSE OF STRANGER REQUISITES: 1. Unlawful Aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and 3. The person defending be not induced by revenge, resentment or other evil motive. 4. AVOIDANCE OF GREATER EVIL OR INJURY REQUISITES: 1. That the evil sought to be avoided actually exists; 2. That the injury feared be greater than that done to avoid it; and 3. There be no other practical and less harmful means of preventing it. The greater evil must not be brought about by the negligence or imprudence of the actor.

ART. 11. JUSTIFYING CIRCUMSTANCES


JUSTIFYING CIRCUMSTANCES - are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act. 1. SELF-DEFENSE REQUISITES: 1. Unlawful aggression (condition sine qua non); 2. Reasonable necessity of the means employed to prevent or repel it; and 3. Lack of sufficient provocation on the part of the person defending himself

UNLAWFUL AGGRESSION is equivalent to


assault or at least threatened assault of an immediate and imminent kind.

TEST OF REASONABLENESS - the means


employed depends upon the nature and quality of the (1) weapon used by the aggressor, and (2) his physical condition, character, size and other circumstances, (3) and those of the person defending himself, (4) and also the place and occasion of the assault.

NOT required for reasonable necessity:


Perfect equality between the weapons used by the one defending himself and that of the aggressor is not required, nor material commensurability between the means of attack and defense. Reason: This is because the person assaulted does not have sufficient tranquility of mind to think and to calculate.

Civil liability referred to in a state of


necessity is based not on the act committed, but on the benefit derived from the state of necessity. Thus, only the person benefited is civilly liable. 5. FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT OR OFFICE REQUISITES: 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office; 2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office. 5

Rights included in self-defense:


Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, the enjoyment of which is protected by law. 1. Includes the right to honor. Hence, a slap on the face is considered as unlawful aggression directed against the honor of the actor (People vs Sabio, 19 SCRA 901), 2. Includes defense of property rights, only if there is also an actual and imminent danger on the person of the one

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE REQUISITES: 1. That an order has been issued by a superior 2. That such order must be for some lawful purpose 3. That the means used by the subordinate to carry out said order is lawful

2 TESTS OF INSANITY: Test of COGNITION complete deprivation of intelligence in committing the crime. Test of VOLITION total deprivation of freedom of will. (Pp. v. Rafanan) 2. PERSON UNDER NINE YEARS OF AGE An infant under the age of nine years is absolutely and conclusively presumed to be incapable of committing a crime. The phrase under nine years should be construed nine years or less.

ART. 12. EXEMPTING CIRCUMSTANCES


DEFINITION: Exempting circumstances (or the circumstances for non-imputability) - are those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions which makes the act voluntary, or negligent. BASIS: (CODE FINI) The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. (CODE: CALL) JUSTIFYING EXEMPTING CIRCUMSTANCE CIRCUMSTANCE 1. It affects the act 1. It affects the actor not the act. not the actor. 2. The act 2. The act is complained of is considered to have actually wrongful, been done within but the actor is the bounds of law; not liable. hence, legitimate and lawful in the eyes of the law. 3. Since the act is 3. Since the act considered lawful, complained of is there is no crime. actually wrong, there is a crime; but since the actor acted without voluntariness, there is no dolo nor culpa. 4. Since there is no 4. Since there is a crime committed crime, nor a though there is no criminal, there is criminal, there is also no liability, civil liability. criminal nor civil. 1. IMBECILITY OR INSANITY Insanity or imbecility exists when there is a complete deprivation of intelligence freedom of the will.

3. PERSON OVER NINE YEARS OF AGE AND UNDER FIFTEEN, ACTING WITHOUT DISCERNMENT Discernment - mental capacity (i.e. of a minor) to fully appreciate the consequences of an unlawful act. Discernment may be shown by: a. The manner the crime was committed; or b. The conduct of the offender after its commission 4. A PERSON WHO WHILE PERFORMING A LAWFUL ACT WITH DUE CARE, CAUSES INJURY, BY MERE ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT ELEMENTS: 1. A person is performing a lawful act; 1. With due care; 2. He causes injury to another by mere accident; 3. Without fault or intention of causing it. 5. A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE ELEMENTS: 1. That the compulsion is by means of physical force. 2. That the physical force must be irresistible. 3. That the physical force must come from a third person. 6. A PERSON WHO ACTS UNDER THE IMPULSE OF UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY ELEMENTS: 1. That the threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit; 2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

An insane person is not so exempt if it can


be shown that he acted during a lucid interval. But an imbecile is exempt in all cases from criminal liability. 6

Duress as a valid defense should be based


on real, imminent, or reasonable fear for ones life or limb and should not be

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

speculative, fanciful, or remote fear. Hence, duress is unavailing where the accused had every opportunity to run away if he had wanted to, or to resist any possible aggression because he was also armed.

intelligence, or intent, or on the lesser perversity of the offender. CLASSES OF MITIGATING CIRCUMSTANCES: ORDINARY As to If not offset, it will the operate to reduce effect the penalty to the minimum period, provided the penalty is a divisible one. As to offset Where found May be offset by aggravating circumstance subsections 1 to 10 of Article 13, RPC.

DISTINGUISHED FROM IRRESISTIBLE FORCE: In irresistible force (par. 5), the offender uses violence or physical force to compel another person to commit a crime; in uncontrollable fear (par. 6), the offender employs intimidation or threat in compelling another to commit a crime. 7. A PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY LAW, WHEN PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE. ELEMENTS: 1. That an act is required by law to be done 2. That a person fails to perform such act 3. That his failure to perform such act was due to some lawful or insuperable cause. ABSOLUTORY CAUSES DEFINITION: Absolutory cause a circumstance which is present prior to or simultaneously with the offense by reason of which, the accused who acts with criminal intent, freedom and intelligence does not incur criminal liability for an act which constitutes a crime, such as: 1. Spontaneous desistance (Art.6) 2. Accessories who are exempt from criminal liability (Art. 20) 3. Death or physical injuries under exceptional circumstances (Art. 247) 4. Persons exempt from criminal liability in theft, swindling and malicious mischief (Art. 332) 5. Instigation is an absolutory cause. REASON: An instigator practically induces the would-be accused into the commission of the offense, and himself becomes a coprincipal. Sound public policy requires that the courts condemn this practice by directing the acquittal of the accused.

PRIVILEGED It operates to reduce the penalty by one to two DEGREES depending upon what the law provides. Cannot offset be

Arts. 68, 69 and 64 of the RPC.

PARAGRAPH 1: INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE 1. Applies, when all the requisites necessary to justify the act are not attendant. 2. But in the case of incomplete self-defense, defense of relatives, and defense of stranger, unlawful aggression must be present, it being an indispensable requisite. PARAGRAPH 2: UNDER 18, OR OVER 70 YEARS OLD LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER: 1. The age of absolute irresponsibility - Under 9 years of age, an exempting circumstance (Art. 12, par. 2); 2. The age of mitigated responsibility - Over 9 and under 15 years of age, acting without discernment is also an exempting circumstance, (Art. 12, par. 3; see Art. 68, par. 1); 3. Minor delinquent (under 18 years of age), the sentence may be suspended (Art. 192, PD 603, as amended by PD 1179); 4. Under 18 years of age, privileged mitigating circumstance (Art. 68); 5. age of full responsibility - 18 years or over, full criminal responsibility; 6. The age of mitigated responsibility - 70 years or over, mitigating circumstance (Art. 13, par. 2), no imposition of death penalty (Art. 47, par. 1), execution of death sentence if already imposed is suspended and commuted (Art. 83). PARAGRAPH 3: NO INTENTION TO COMMIT SO GRAVE A WRONG 1. If the offender had no intention to commit so grave a wrong as that committed, he is entitled to a mitigating circumstance. This 7

ART. 13. MITIGATING CIRCUMSTANCES


DEFINITION: Mitigating circumstances - those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. BASIS: (CODE: FILI) Mitigating circumstances are based on the diminution of either freedom of action,

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. 2. This paragraph is not applicable to culpable felonies. PARAGRAPH 4: PROVOCATION OR THREAT DEFINITION: Provocation - is understood as any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one.

threat immediately preceded the act.

may be proximate, which admits of an INTERVAL of time.

PARAGRAPH 6: PASSION OR OBFUSCATION REQUISITES: 1. The accused acted upon an impulse. 2. The impulse must be so powerful that it naturally produced passion or obfuscation in him. REQUISITES OF THE MITIGATING CIRCUSTANCE OF PASSION OR OBFUSCATION 1. That there be an act, both unlawful and sufficient to produce such a condition of mind; 2. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity. REASON: When there are causes naturally producing in a person powerful excitement, he loses his reason and self-control, thereby diminishing the exercise of his will power. EXCEPTIONS: But even when there is actually passion or obfuscation on the part of the offender, there is no mitigating circumstance if: a. The act is committed in a spirit of lawlessness; or b. The act is committed in a spirit of revenge. PARAGRAPH 7: SURRENDER AND CONFESSION OF GUILT TWO MITIGATING CIRCUMSTANCES ARE PROVIDED IN THIS PARAGRAPH: 1. Voluntary surrender to a person in authority or his agents. 2. Voluntary confession of guilt before the court, prior to the presentation of evidence for the prosecution. REQUISITES OF VOLUNTARY SURRENDER: (CODE: ASV) 1. That the offender had not been actually arrested; 2. That the offender surrendered himself to a person in authority or to the latters agent; 3. That the surrender was voluntary. WHEN SURRENDER VOLUNTARY A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: 8

REQUISITES: (CODE: SOI) 1. The provocation must be sufficient. 2. It must originate from the offended party. 3. The provocation must be immediate to the commission of the crime by the person who is provoked. The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression, which may give rise to self- defense.

PARAGRAPH 5: VINDICATION OF GRAVE OFFENSE REQUISITES: 1. That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees; 2. That the felony is committed in vindication of such grave offense. Immediate vindication means proximate. Hence, a lapse of time is allowed between the vindication and the doing of the grave offense. PROVOCATION VINDICATION 1. The grave offense may be committed also against the offenders relatives mentioned by law. 2. The offended party must have done a grave offense to the offender or his relatives mentioned by law. 3. The vindication of the grave offense

1. It is made directly
only to the person committing the felony.

2. The cause that


brought about the provocation need not be a grave offense.

3. It is necessary that
the provocation or

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

1. he acknowledges his guilt; or 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture. REQUISITES OF VOLUNTARY PLEA OF GUILTY: (CODE: SCoP) 1. That the offender spontaneously confessed his guilt; 2. That the confession of guilt was made in open court, that is, before the competent court that is to try the case; and 3. That the confession of guilt was made prior to the presentation of evidence for the prosecution. PARAGRAPH 8: PHYSICAL DEFECT OF THE OFFENDER DEFINITION: Physical defect - referred to in this paragraph is such as being armless, cripple, or a stutterer, whereby his means to act, to defend himself, or to communicate with his fellow human beings, is limited. However, it is essential that the physical defect has some relation to the crime committed by him. PARAGRAPH 9: ILLNESS OF THE OFFENDER REQUISITES: 1. That the illness of the offender diminishes the exercise of his will power. 2. That such illness should not deprive the offender of consciousness of his acts. PARAGRAPH 10: SIMILAR AND ANALOGOUS CIRCUMSTANCES Authorizes the court to consider in favor of the accused any other circumstance of a similar nature and analogous to those mentioned in paragraphs 1 to 9 of Article 13.

FOUR KINDS OF AGGRAVATING CIRCUMSTANCES: 1. GENERIC those that can generally apply to all crimes USUALLY: dwelling; nighttime; recidivism ENUMERATED: (1) Advantage taken of public position (2) Contempt or insult to public authorities (3) Commission in the dwelling of the offended party (4) Abuse of confidence; or obvious ungratefulness (5) Places of commission (6) Nighttime; uninhabited place; or band (7) Recidivism (8) Reiteracion (9) Craft, fraud, or disguise (10)Unlawful entry (11)By breaking wall, etc. (12)Aid of a minor (under 15 years)

2. SPECIFIC-- those that apply only to


particular crimes. USUALLY: ignominy in crimes against chastity; or cruelty and treachery in crimes against persons ENUMERATED: (1) disregard of rank, age, or sex of offended party (2) superior strength; or means to weaken the defense (3) treachery (4) ignominy (5) cruelty (6) use of unlicensed firearm in murder or homicide (Section 1, RA 8294)

3. QUALIFYING those that change the nature 4.


of the crime. EXAMPLES: Alevosia (treachery), or evident premeditation qualifies the killing of a person to murder INHERENT those that must, of necessity, accompany the commission of the crime. These will not aggravate the crime. EXAMPLE: Evident premeditation is inherent in robbery, theft, estafa, adultery, or concubinage (CODE: NO) QUALIFYING GENERIC AGGRAVATING AGGRAVATING CIRCUMSTANCE CIRCUMSTANCE

ART. 14 AGGRAVATING CIRCUMSTANCES


DEFINITION: Aggravating circumstances - are those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense. BASIS: They are based on the greater perversity of the offender manifested in the commission of the felony, as shown by (1) the motivating power itself, (2) the place of commission, (3) the means and ways employed, (4) the time, or (5) the personal circumstances of the offender, or of the offended party. 9

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

1. It does not only


give the crime its proper and exclusive name, but also places the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime.

1. Its effect is to increase the penalty, which should be imposed upon the accused without exceeding the limit prescribed by law. It does not change the crime

THIS CIRCUMSTANCE NOT APPLIED IN: 1. FALSIFICATION OF DOCUMENT COMMITTED BY PUBLIC OFFICERS UNDER ART. 171. 2. ACCESSORIES UNDER ART. 19, PAR. 3 3. CRIMES COMMITTED BY PUBLIC OFFICERS (FOUND IN ARTS. 204245). PARAGRAPH 2: CONTEMPT OR INSULT TO PUBLIC AUTHORITIES REQUISITES: 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged in the exercise of said functions is NOT the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act. Knowledge that a public authority is present is essential.

2. It cannot be offset
by an ordinary mitigating circumstance.

2. It may be compensated by a mitigating circumstance.

MODIFICATIONS IN THE APPLICATION OF SOME AGGRAVATING CIRCUMSTANCES (ACs) (CODE: No Personal Knowledge of Public Syndicate) 1. ACs WHICH DO NOT HAVE THE EFFECT OF INCREASING THE PENALTY. (a) Those which in themselves, constitute a crime specially punishable by law, and (b) those which are included by the law in defining a crime and prescribing the penalty therefore (Art. 62, par. 1). 2. ACs WHICH ARE PERSONAL TO THE OFFENDERS. Those which arise: a) from the moral attributes of the offender, or b) from his private relations with the offended party, or c) from any other personal cause, shall only serve to aggravate the liability of the principals, accomplices, and accessories as to whom such circumstances are ATTENDANT (Art. 62, par. 3). 3. ACs WHICH DEPEND FOR THEIR APPLICATION UPON THE KNOWLEDGE OF THE OFFENDERS. Those which consist 1) in the material execution of the act, or 2) in the means employed to accomplish it, shall serve to aggravate the liability of those persons only who had KNOWLEDGE of them at the time of the execution of the act or their cooperation therein (Art. 62, par. 4). 4. When in the commission of the crime, advantage was taken by the offender of his public position, or when the offense was committed by a person who belongs to a syndicated crime group, the maximum penalty shall be imposed regardless of mitigating circumstances. PARAGRAPH 1: ADVANTAGE TAKEN OF PUBLIC POSITION TEST: Did the accused abuse his office in order to commit the crime? 10

DEFINITION: A Public Authority, sometimes also called a person in authority, is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws. PARAGRAPH 3: DISREGARD OF RANK, AGE, OR SEX OF OFFENDED PARTY; OR COMMISSION IN THE DWELLING OF THE OFFENDED PARTY If all the four circumstances enumerated in this paragraph are present, they have the weight of only one aggravating circumstance. 1. That the act be committed with insult or in disregard of the respect due the offended party on account of the a. rank of the offended party. There must be a difference in the social condition of the offender and the offended party. b. age of the offended party. Applies to cases where the victim is of tender age as well as of old age. c. sex of the offended party. This refers to the female sex, not to the male sex.

This circumstance (rank, age, or sex) is


applicable only in crimes against

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

persons or honor. DISREGARD OF RANK, AGE, OR SEX IS NOT AGGRAVATING IN THE FOLLOWING CASES: a. When the offender acted with passion and obfuscation. b. When there exists a relationship between the offended party and the offender. c. When the condition of being a woman is indispensable in the commission of the crime. Thus, in (1) parricide, (2) abduction, (3) seduction and (4) rape in Art. 266-A par.1, sex is not aggravating Is disregard of sex absorbed in treachery? The aggravating circumstance of disregard of sex and age are NOT absorbed in treachery because treachery refers to the manner of the commission of the crime, while disregard for sex and age pertains to the relationship to the victim (P v. Lapaz; March 31, 1989)

offended party is a servant in the house. BUT in adultery, it is still aggravating even if it was also the dwelling of the unfaithful wife, because of a very grave offense against the head of the house. BUT the rule is again different if both the unfaithful wife and the paramour were living, and had the right to live, in the same house of the offended spouse. b. In robbery by use of force upon things and trespass to dwelling because dwelling is inherent. PARAGRAPH 4: ABUSE OF CONFIDENCE; OR OBVIOUS UNGRATEFULNESS REQUISITES OF ABUSE OF CONFIDENCE: 1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime. REQUISITES OF OBVIOUS UNGRATEFULNESS: 1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party; and 3. That the act be committed with obvious ungratefulness. The confidence between the offender and the offended party must be immediate and personal. PARAGRAPH 5: PLACES OF COMMISSION Places: 1. Palace of the Chief Executive; 2. In the presence of the Chief Executive; 3. Where public officers are engaged in the discharge of their duties; 4. Place dedicated to religious worship. PAR. 2: CONTEMPT OR INSULT TO PUBLIC AUTHORITIES PAR. 5: PLACE WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES 1. The public authorities, who are in the performance of their duties, must be in their office. 2. The public

2. That the crime be committed in the dwelling of the offended party. REASON for aggravating the commission of the crime in ones dwelling: a. The abuse of confidence which the offended party reposed in the offender by opening the door to him; or b. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. DEFINITIONS Dwelling - must be a building or structure, exclusively used for rest and comfort. It includes dependencies, the foot of the staircase and enclosure under the house.

There must be NO provocation, in order to


consider this AC. By PROVOCATION is meant, one which is: 1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime. NOTE: For this circumstance to be considered, it is NOT necessary that the accused should have actually entered the dwelling of the victim to commit the offense. It is enough that the victim was attacked inside his own house, although the assailant may have devised means to perpetrate the assault from without. DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES: a. When both offender and offended party are occupants of the same house, even if the 11

1. The public
authorities are performing their duties outside of their office.

2. The public

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

authority should not be the offended party.

authority may be the offended party.

participation in the perpetration thereof. PARAGRAPH 7: ON OCCASION OF CALAMITY OR MISFORTUNE THE REASON for the existence of this circumstance is found in the debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their great suffering by taking advantage of their misfortune to despoil them. PARAGRAPH 8: AID OF ARMED MEN, ETC. REQUISITES: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was committed. Exceptions: 1. This aggravating circumstance shall not be considered when both the attacking party and the party attacked were equally armed. 2. This aggravating circumstance is not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. Aid of armed men is employment by a band. absorbed by

NOTE: There is a decided case to the effect that the offender must have the intention to commit a crime when he entered the place; i.e. she must have murder in her heart (People v. Jaurigue, 76 Phil 174). Any of the said places is not therefore, aggravating, if the crime was casually committed therein. PARAGRAPH 6: NIGHTTIME; UNINHABITED PLACE; OR BAND NIGHTTIME, UNINHABITED PLACE OR BAND IS AGGRAVATING 1. When it facilitated the commission of the crime; or 2. When it was especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or 3. When the offender took advantage thereof for the purpose of impunity. DEFINITIONS: 1. For the purpose of impunity - means to prevent his (accuseds) being recognized, or to secure himself against detection and punishment. 2. Nighttime - is the period of darkness beginning at the end of dusk and ending at dawn. Nighttime by and of itself is not necessarily aggravating. TESTS: (1) the commission of the crime must begin and be accomplished in the nighttime; or (2) the offense must be actually be committed in the darkness of the night. 3. An uninhabited place - is one where there are no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from each other. [TEST OF UNINHABITED PLACE] But whether or not the crime is attended by this aggravating circumstance should be determined not by the distance of the nearest house from the scene of the crime, but whether or not in the place of the commission of the offense there was a reasonable possibility of the victim receiving some help. [TEST OF WHETHER OR NOT AGGRAVATING] 4. BAND - Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. 5. Acted together - means direct part in the execution of the act constituting the crime. Hence, if one of the four armed men is a principal by inducement only, they do not form a band, because a principal by inducement connotes that he has no direct 12

PAR 8 (WITH AID OF ARMED MEN) VS. PAR. 6 (BY A BAND) BAND ARMED MEN 1. requires more 1. AT LEAST 2 than three armed malefactors 2. shall have acted 2. actual aid is not together in the necessary, sufficient commission of an even if offenders merely relied on the offense. aid of the armed men PARAGRAPH 9: RECIDIVIST REQUISITES: (CODE: TriPS CONVICTED) 1. That the offender is on trial for an offense; 2. That he was previously convicted by final judgment of another crime; 3. That both the first and the second offenses are embraced in the same title of the Code; 4. That the offender is convicted of the new offense. There is no recidivism if the subsequent

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

conviction is for an offense committed before the offense involved in the prior conviction. PARAGRAPH 10: REITERACION OR HABITUALITY REQUISITES: (CODE: TriPLE CONVICTED) 1. That the accused is on trial for an offense; 2. That he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense. 3. That he is convicted of the new offense. RECIDIVISM 1. It is enough that a final judgment has been rendered in the first offense. 2. Recidivism requires that the offenses be included in the same title of the Code. REITERACION 1. It is necessary that the offender shall have served out his sentence for the first offense 2. The previous and subsequent offenses must NOT be embraced in the same title of the Code

means to accomplish a criminal purpose. PAR. 12 Under par. 12, the crime is committed by means of any of such acts involving great waste and ruin. PAR. 7 Under par.7, the crime is committed on the occasion of a calamity or misfortune.

PARAGRAPH 13: EVIDENT PREMEDITATION The essence of premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. REQUISITES: 1. Proof of the time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. PARAGRAPH 14: CRAFT, FRAUD, OR DISGUISE DEFINITIONS: 1. Craft - involves the use of intellectual trickery or cunning on the part of the accused. 2. Fraud - involves the use of insidious words and machination, used to induce the victim to act in a manner, which would enable the offender to carry out his design. 3. Disguise - involves resort to any device in order to conceal identity.

FORMS OF REPETITION 1. Recidivism (Par. 9, Art. 14) 2. Reiteracion or habituality (Par. 10, Art. 14) 3. Multi-recidivism or habitual delinquency (Art. 62, Par. 5) 4. Quasi-Recidivism (Art. 160) PARAGRAPH 11: PRICE, REWARD, OR PROMISE

When this aggravating circumstance is


present, there must be two or more principals; the one who gives or offers the price or promise and the one who accepts it.

When there is a direct inducement by


insidious words or machinations, fraud is present; otherwise, the act of the accused done in order not to arouse the suspicion of the victim constitutes craft. PARAGRAPH 15: SUPERIOR STRENGTH; OR MEANS TO WEAKEN DEFENSE 1. Superior Strength - To take advantage of superior strength means to use purposely, excessive force out of proportion to the means of defense available to the person attacked. The aggravating circumstance of abuse of superior strength depends on the age, size, and strength of the parties.

The evidence must show that one of the


accused used money or other valuable consideration for the purpose of inducing another to perform the deed. When this aggravating circumstance is present, it affects not only the person who received the price or the reward, but also the person who gave it.

PARAGRAPH 12: BY MEANS OF INUNDATION, FIRE, ETC.

Any of the circumstances in paragraph 12


cannot be considered to increase the penalty or to change the nature of the offense unless used by the offender as a 13

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

2. Means to weaken the defense - The


offender employs means to materially weaken the resisting power of the offended party. PARAGRAPH 16: TREACHERY (ALEVOSIA) There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. REQUISITES: 1. That at the time of the attack, the victim was not in a position to defend himself; 2. That the offender consciously adopted the particular means, method or form of the attack employed by him. Killing a child is characterized by treachery, because the weakness of the victim due to his tender age results in the absence of any danger to the accused.

This aggravating circumstance is applicable to: 1. crimes against chastity; 2. less serious physical injuries; 3. light or grave coercion; 4. and murder. NOTE: The Supreme Court considered ignominy in the crime of rape (People vs. Torrefiel [45 O.G.8803], US vs. Iglesia [21 Phil 155], People vs. Carmina [193 SCRA 429]) PARAGRAPH 18: UNLAWFUL ENTRY There is unlawful entry when an entrance is effected by a way not intended for the purpose. It must be a means to effect entrance and not for escape. PARAGRAPH 19: BY A WALL, ROOF, FLOORDOOR OR WINDOW BE BROKEN ETC.

To be considered as an aggravating
circumstance, breaking the door must be utilized as a means to the commission of the crime. The circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house. If broken to get out of the place, it is not an aggravating circumstance. PARAGRAPH 20: AID OF MINOR (UNDER 15YEARS); OR BY MEANS OF MOTOR VEHICLES, ETC. TWO DIFFERENT CIRCUMSTANCES ARE GROUPED IN THIS PARAGRAPH. The first one tends to repress the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility; while the second one is intended to counteract the great facilities found by modern criminals in said means to commit crime, and then flee and abscond once the same is committed. PARAGRAPH 21: CRUELTY ESSENCE: THERE IS CRUELTY when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act. REQUISITES: 1. That the injury caused be deliberately increased by causing other wrong; 2. That the other wrong be unnecessary for the execution of the purpose of the offender. IGNOMINY VS. CRUELTY 14

RULES ON TREACHERY:CODE: (PICTA) 1. Applicable only to crimes against persons 2. Means, methods, or forms need not insure accomplishment of crime. 3. The mode of attack must be consciously adopted. 4. Must be present at the proper time. 5. Treachery absorbs abuse of superior strength, aid of armed men, by a band and means to weaken the defense. SUMMARY OF RULES WHEN TREACHERY IS PRESENT: a) When the aggression is continuous, treachery must be present in the beginning of the assault (People vs Canete, 44 Phil 478); b) When the assault was not continuous in that there was an interruption, it is sufficient that treachery was present at the moment the fatal blow was given (US vs Baluyot, 40 Phil 385). PARAGRAPH 17: IGNOMINY DEFINITIONS: Ignominy - a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. It must tend to make the effects of the crime more humiliating or to put the offended party to shame. WHERE APPLICABLE:

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Ignominy (par. 17) involves moral suffering, while cruelty (par. 21) refers to physical suffering.

In crimes against chastity, relationship is


always aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party.

ART. 15 ALTERNATIVE CIRCUMSTANCES


Alternative circumstances are those, which must be taken into consideration as aggravating or mitigating, according to the nature and effects of the crime and the other conditions attending its commission. THE ALTERNATIVE CIRCUMSTANCES ARE: (CODE: RID) 1. Relationship 2. Intoxication 3. Degree of instruction and education of the offender 1. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the 1. spouse 2. ascendant 3. descendant 4. legitimate, natural or adopted brother or sister, or relative by affinity in the same degree, of the offender.

However, relationship is neither mitigating


nor aggravating, when relationship is an element of the offense. 2. INTOXICATION - By state of intoxication is meant that the offenders mental faculties must be affected by drunkenness. WHEN MITIGATING AND WHEN AGGRAVATING: 1. Mitigating, if intoxication is (1) not habitual, or 2) not subsequent to the plan to commit a felony. 2. Aggravating if intoxication is 1) habitual, or 2) if it is intentional (subsequent to the plan to commit a felony). 3. DEGREE OF INSTRUCTION EDUCATION OF THE OFFENDER AND

Low degree of instruction and education or


lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender availed himself of his learning in committing the crime.

The relationship of stepfather or stepmother


and stepson or stepdaughter is included by analogy to that of ascendant and descendant. WHEN MITIGATING AND WHEN AGGRAVATING: The law is silent as to when mitigating and when aggravating. a. MITIGATING: As a rule, relationship is mitigating in crimes against property, by analogy to Art. 332 regarding Persons exempt from criminal liability. OF COURSE in view of Art. 332, when the crime committed is: (a) theft, (b) estafa, or (c) malicious mischief, relationship is exempting, and not merely mitigating. b. AGGRAVATING: It is aggravating in crimes against persons in cases where the offended is a relative of a higher degree than the offender, or when the offender and the offended party are relatives of the same level. It is aggravating even if offended party is a descendant, if offense is physical injuries under Art. 263, except with regard to parents who inflict injuries to their children by reason of excessive chastisement.

Lack of instruction or low degree of it, is


appreciated as mitigating circumstance in almost all crimes. EXCEPT in crimes, which are inherently wrong, of which every rational being is endowed to know and feel.

ART. 16. PERSONS WHO ARE CRIMINALLY LIABLE


GRAVE AND LESS GRAVE FELONIES: 1. Principals 2. Accomplices 3. Accessories LIGHT FELONIES: 1. Principals 2. Accomplices The classification of the offenders as principal, accomplice, or an accessory is true only under the RPC but not in the special laws because the penalties under the latter are not graduated.

Two parties in all crimes 1. ACTIVE subject (the criminal) 2. PASSIVE subject (the injured party)

15
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

ART. 17. PRINCIPALS


KINDS OF PRINCIPALS 1. PRINCIPAL BY DIRECT PARTICIPATION personally takes part in the execution of the act constituting the crime REQUISITES: 1. That they participated in the criminal resolution; 2 That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. 2. PRINCIPAL BY INDUCTION - the principal by induction becomes liable only when the principal by direct participation committed the act induced. TWO WAYS OF BECOMING A PRINCIPAL BY INDUCTION: 1. Directly forcing another to commit a crime, Two ways of directly forcing another to commit a crime: 1. by using irresistible force 2. by causing uncontrollable fear 2. Directly inducing another to commit a crime Two ways of directly inducing another to commit a crime: 1. by giving price, or offering reward or promise 2. by using words of command REQUISITES of #1 (Principal by inducement, through giving price, etc): In order that a person maybe convicted as a principal by inducement, the following requisites must be present1. that the inducement be made directly with the intention of procuring the commission of the crime; and

person who acted 3. That the words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion 4. The words of command must be uttered prior to the commission of the crime 5. The material executor of the crime has no personal reason to commit the crime Principal by Inducement 1. Becomes liable only when the crime is committed by the principal by direct participation Offender who made Proposal to Commit a Felony 2. The mere proposal to commit a felony is punishable in treason or rebellion; the person to whom the proposal is made should not commit the crime, otherwise, the proponent becomes a principal by inducement 2. The proposal must involve only treason or rebellion

3. Inducement involves any crime.

EFFECT OF ACQUITTAL OF ONE OF THE CO-CONSPIRATORS TO THE OTHER COCONSPIRATORS: As a rule, the acquittal of one of the coconspirators redounds to the benefit of the other co-conspirators EXCEPT when the acquittal is due to circumstances personal to the accused. 2. PRINCIPALS BY INDISPENSABLE COOPERATION REQUISITES: 1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged; and 2. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished COLLECTIVE CRIMINAL RESPONSIBILITY (WHEN THERE IS CONSPIRACY) There is collective criminal responsibility when the offenders are criminally liable in the same manner and to the same extent. The penalty to be imposed must be the same for all. 16

2. that such inducement be the


determining cause of the commission of the crime by the material executor REQUISITES of #2 (Principal by inducement, through words of command): In order that a person using words of command maybe held liable, the following requisites must be present--1. That the one uttering the words of command must have the intention of procuring the commission of the crime 2. That the one who made the command must have an ascendancy or influence over the

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

INDIVIDUAL CRIMINAL RESPONSIBILITY (WHEN THERE IS NO CONSPIRACY) The criminal responsibility arising from different acts directed against one and the same person is individual and not collective, and each of the participants is liable only for the act committed by him.

in a trial. (Ppl vs Barlam CA,59 O.G. 2474; Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw Lin CA,63 O.G. 3821) ACCESSORY VS. PRINCIPAL AND ACCOMPLICE The accessory does not take part or cooperate in, or induce, the commission of the crime; The accessory does not cooperate in the commission of the offense by acts prior thereto or simultaneous therewith; The participation of the accessory in all cases always takes place after the commission of the crime.

1. 2. 3.

ART. I8. ACCOMPLICES


REQUISITES: CODE: (COMMUNITY COOPERATES previous supply RELATION) 1. That there be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; 2. That he cooperates in the execution of the offense by previous or simultaneous acts, but does not render him a principal by direct participation or by indispensable cooperation; and 3. That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice.

ART. 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY


SITUATIONS WHERE ACCESSORIES ARE NOT CRIMINALLY LIABLE: 1. When the felony committed is a light felony; and 2. When the accessory is related to the principal as spouse, or as an ascendant, or descendant or as a brother or sister, whether legitimate, natural, or adopted, or where the accessory is a relative by affinity within the same degree, unless the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit thereon. PD 1829: Penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. NOTE: The benefit of the above mentioned exceptiounsa n in Article 20 of the RPC does not apply to PD1829. PENALTIES DEFINITION: Penalty - is the suffering that is inflicted by the State, for the transgression of a law; in its general sense, it signifies pain. Different juridical conditions of penalty: 1. Productive of suffering, without however affecting the integrity of the human personality 2. Commensurate with the offense different crimes must be punished with different penalties 3. Personal no one should be punished for the crime of another 4. Legal it is the consequence of a judgment according to law 5. Certain no one may escape its effects 6. Equal for all 7. Correctional 17

ART. 19. ACCESSORIES

An accessory must have knowledge of the


commission of the crime and having knowledge he took part subsequent to its commission SPECIFIC ACTS OF ACCESSORIES: (CODE: PROFIT, CONCEAL, HARBOR) 1. By profiting themselves or assisting the offender to profit by the effects of the crime 2. By concealing or destroying the body of the crime to prevent its discovery 3. By harboring, concealing or assisting in the escape of the principal of the crime 2 CLASSES OF ACCESSORIES CONTEMPLATED IN PAR. 3 OF ART. 19 (i.e., HARBORING, etc): (a) Public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his functions ()b Private persons who harbor, conceal or assist in the escape of the author of the crime guilty of treason, parricide, murder, or an attempt against the life of the President, or who is known to be habitually guilty of some other crime Under paragraphs 1 and 2, the accomplice and the accessory may be tried and convicted even before the principal is found guilty. However, under paragraph 3 (harboring), the crime committed by and the identity of the principal must be established

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Theories justifying penalty: 1. Self-defense to protect society from the threat and wrong inflicted by the criminal 2. Reformation to correct and reform the offender 3. Exemplarity to serve as an example to deter others from committing crimes 4. Justice an act of retributive justice, a vindication of absolute right and moral law violated by the criminal THREE-FOLD PURPOSE OF THE PENALTY UNDER THE RPC: 1. Retribution or expiation the penalty is commensurate with the gravity of the offense 2. Correction or reformation- as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty 3. Social defense shown by its inflexible severity to recidivists and habitual delinquents

Two classes of injuries caused by an offense: SOCIAL INJURY PERSONAL INJURY 1. Produced by the 1. Caused to the disturbance and victim of the crime, alarm who suffered damage 2. Repaired through 2. Repaired through the imposition of indemnity which is the corresponding civil in nature penalty 3. The offended party 3. The offended party cannot pardon the may waive it and offender so as to the state has no relieve him of the reason to insist on penalty its payment

ART. 24. MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES THE FOLLOWING ARE NOT CONSIDERED PENALTIES: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility or illness requiring their confinement in a hospital; 2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now Art. 192 PD603) for the purposes specified therein; 3. Suspension from the employment or public office during the trial or in order to institute proceedings; 4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates; and 5. Deprivation of rights and reparations which the civil laws may establish in penal form.

ART. 22. RETROACTIVE EFFECT OF PENAL LAWS


GENERAL RULE: PROSPECTIVE APPLICATION EXCEPTION: WHEN FAVORABLE TO THE ACCUSED WHO IS NOT A HABITUAL CRIMINAL AN EX POST FACTO LAW IS ANY ONE WHICH: (CODE: CAPE Civil Protection) 1. Makes criminal an act done before the passage of the law, and which was innocent when done, and punishes such an act; 2. Aggravates a crime, or makes it greater than it was, when committed; 3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; 4. Alters the legal rules of evidence, and authorizes conviction upon less or different testimony that the law required at the time of the commission of the offense; 5. Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and 6. Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty

ART. 25. PENALTIES WHICH MAY BE IMPOSED


CLASSIFICATION OF PENALTIES: 1. Principal penalties those expressly imposed by the court in the judgment of conviction. Principal Penalties According to Divisibility: a. Divisibl e b. Indivisi ble. These are: 1. Death; 2. Reclusion Perpetua; 3. Perpetual absolute disqualification; 4. Public censure.

ART. 23. EFFECT OF PARDON BY THE OFFENDED PARTY


As a rule, a pardon by the offended party does not extinguish criminal action, except as provided under Art. 344 of RPC.

2. Accessory penalties those that are


deemed included in the imposition of the principal penalties 18

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

This article classifies penalties according to their gravity: 1. Capital 2. Afflictive 3. Correctional 4. Light This corresponds to the classification of felonies according to their gravity under Art. 9: 1. Grave 2. Less grave 3. Light

3.

civil liability which waive the civil the offender must liability which the pay offender must pay 3. Pardon should be Granted only given BEFORE THE AFTER INSTITUTION of CONVICTION, criminal and may be prosecution, and extended to any of must extend to the offenders both/all offenders

ART. 37. COSTS WHAT ARE INCLUDED


The following are included in costs: 1. Fees, and 2. Indemnities, in the course proceedings of judicial

ART. 29. PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT


OFFENDERS NOT ENTITLED TO THE FULL TIME OR FOUR-FIFTHS OF THE TIME OF PREVENTIVE IMPRISONMENT: 1. Recidivists or those convicted previously twice or more times of any crime. 2. Those who upon being summoned for the execution of their sentence, failed to surrender voluntarily

ART. 38. PECUNIARY LIABILITIES ORDER OF PAYMENT


In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following: 1. The reparation of the damage caused. 2. Indemnification of the consequential damages. 3. Fine. 4. Costs of proceedings.

ARTS. 30 35. EFFECTS OF PENALTIES ART. 36. PARDON; ITS EFFECTS


EFFECTS OF PARDON BY THE PRESIDENT 1. A pardon shall not restore the right to hold public office or the right of suffrage. EXCEPT; when any or both such rights is or are expressly restored by the terms of the pardon; 2. It shall not exempt the culprit from the payment of the civil indemnity. LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER That the power can be exercised only after conviction; That such power does not extend to cases of impeachment.

ART. 39. SUBSIDIARY PENALTY


Subsidiary penalty - is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one day for each eight pesos, subject to the rules provided in Art. 39. There is no subsidiary penalty for nonpayment of (a) the reparation of the damage caused, (b) indemnification of the consequential damages, and (c) the cost of the proceedings. Subsidiary penalty is not an accessory penalty, hence it must be specifically imposed by the court in its judgment.

1. 2.

A presidential pardon affects only the


principal penalty and not the accessory penalties, unless the same are expressly remitted in the pardon. Pardon by the Chief Executive 1. Extinguishes the criminal liability of the offender Pardon by the Offended Party 1. Does NOT extinguish the criminal liability of the offender 2. Offended party can 19

ART. 45. CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE CRIME
OUTLINE OF THE PROVISION OF THIS ARTICLE: 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime 2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government 3. Property of a third person who is not liable for the offense, is not subject to confiscation

2. Cannot include

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

and forfeiture

4. Property not subject of lawful commerce


(whether it belongs to the accused or to a third person) shall be destroyed

11. Piracy in general and Mutiny on the High


Seas or in the Philippines Waters

12. Destructive Arson 13. Robbery with Violence 14.

APPLICATION OF PENALTIES
ART. 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL
GRADUATION OF PENALTIES: 1. BY DEGREES refers to (1) the stages of execution (consummated, frustrated, or attempted); and (2) the degree of the criminal participation of the offender (whether as principal, accomplice, or accessory). 2. BY PERIODS refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime

Against or Intimidation of Persons Kidnapping and Serious Illegal Detention

ART. 48. COMPLEX CRIMES


Plurality of Crimes - consists in the successive execution, by the same individual, of different criminal acts, upon any of which no conviction has yet been declared TWO TYPES OF PLURALITY OF CRIMES: 1. Formal or Ideal involves the same criminal intent resulting in two or more crimes but for which there is only one criminal liability. Ex: complex crimes under Art. 48

2. Material or real refers to different criminal


intents resulting in two or more crimes for each of which, the accused incurs criminal liability. Ex: falsification to conceal malversation TWO KINDS OF COMPLEX CRIMES: 1. COMPOUND CRIME (delito compuesto) a single act constitutes two or more grave or less grave felonies. REQUISITES: 1. That only a single act is performed by the offender; 2. That the single act produces: (1) two or more grave felonies, or (2) one or more grave and one or more less grave felonies, or (3) two or more less grave felonies.

ART. 47. IN WHAT CASES THE DEATH PENALTY SHALL NOT BE IMPOSED
DEATH PENALTY IS NOT IMPOSED IN THE FOLLOWING CASES: 1. UNDER AGE. When the offender is below 18 years of age at the time of the commission of the crime. 2. OVER AGE. When the guilty person is more than seventy (70) years of age 3. NO COURT MAJORITY. When upon appeal or automatic review of the case by the Supreme Court, the vote of eight members is not obtained for the imposition of the death penalty. Automatic Review is available only in cases where death penalty is imposed (RA 7659).

2. COMPLEX

CRIMES PUNISHABLE BY DEATH UNDER RA 7659 CODE: (MURDER CARNAPPING TRIPP QQD PARK) 1. Murder 2. Carnapping 3. Treason 4. Rape 5. Infanticide 6. Plunder 7. Parricide 8. Qualified Piracy 9. Qualified Bribery 10. Violation of Certain provisions of the Dangerous Drugs Act 20

CRIME PROPER (delito complejo) an offense is a necessary means for committing the other. REQUISITES: 1. That at least two offenses are committed; 2. That one or some of the offenses must be necessary to commit the other; 3. That both or all of the offenses must be punished under the same statute.

NO COMPLEX CRIME IN THE FOLLOWING CASES: 1. In case of a continued crime 2. When one offense is committed to conceal the other. 3. When the other crime is an indispensable part or an element of the other offense. 4. When the crimes are covered by the rules

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

on absorption 5. When the crimes involved cannot be legally complexed such as when the penal provision specially provides that the penalty for other felonies shall be in addition to the penalty imposed by this article. 6. Where one of the offenses is penalized by a special law CONTINUED CRIME is a single crime, consisting of a series of acts, but all arising from ONE CRIMINAL RESOLUTION; length of time in the commission is immaterial. Real or Material Plurality 1. There is a series of acts performed by the offender 2. Each act performed by the offender constitutes a separate crime, each act is generated by a criminal impulse COMPLEX CRIME 1. The combination is generalized, that is, grave and/or less grave; one offense is necessary to commit the other 2. The penalty for the crime is not specific but for the most serious offense in the maximum period. Continued Crime 1. There is a series of acts performed by the offender 2. The different acts constitute only one crime, all of the acts performed arise from one criminal resolution

DIAGRAM OF THE APPLICATION OF ARTS. 50 TO 57:


CONSUM MATED FRUSTRA TED ATTEMPTED

Prin Accom Access

0 1 2

1 2 3

2 3 4

In this diagram, O represents the penalty prescribed by law in defining a crime, which is to be imposed on the principal in a consummated offense, in accordance with the provisions of Art. 64. The other figures represent the degrees to which the penalty must be lowered, to meet the different situations anticipated by law.

ART. 62. EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELINQUENCY
EFFECTS: 1. Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without however exceeding the maximum period provided by law 2. Mitigating circumstances have the effect of diminishing the penalty 3. Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional penalty REQUISITES OF HABITUAL DELINQUENCY: CODE:(Convicted-CommittedConvictedCommittedConvicted) 1. that the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification (CODE: FRETSL) 2. that after conviction or after serving his sentence, he again committed, and, within 10 years from his release or first conviction, he was again convicted of any of the said crimes for the second time 3. that after his conviction of, or after serving sentence for the second offense, he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time or oftener. Habitual Delinquency
As to the CRIMES committed 1. The crimes are specified

SSPECIAL COMPLEX CRIME 1. The combination of the offenses are fixed by law, e.g., robbery with rape

2. The penalty for the specified combination of crimes is also specific.

ART. 59. PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE
BASIS FOR THE IMPOSITION OF PROPER PENALTY: 1. Social danger; and 2. Degree of criminality shown by the offender

Recidivism
1. It is sufficient that the accused on the date of his trial, shall have been previously convicted by final judgment of

ART. 61. RULES OF GRADUATING PENALTIES


Art. 61 furnishes the graduation of penalties by degrees, while Art. 64 govern the graduation of penalties by periods.

21
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

As to the PERIOD of time the crimes are committed As to the NUMBER of crimes committed As to their EFFECTS

2. The offender is found guilty within ten years from his last release or last conviction 3. The accused must be found guilty the third time or oftener of the crimes specified 4. An additional penalty is also imposed

another crime embraced in the same title 2. No period of time between the former conviction and the last conviction 3. The second and the first offense is found in the same title 4. If not offset by a mitigating circumstance, serves to increase the penalty only to the maximum

ART. 66. IMPOSITION OF FINES


OUTLINE OF THE PROVISION: 1. The court can fix any amount of the fine within the limits established by law. 2. The court must consider: (1) the mitigating and aggravating circumstances; and (2) more particularly, the wealth or means of the culprit. 3. The court may also consider: (1) the gravity of the crime committed; (2) the heinousness of its perpetration; and (3) the magnitude of its effects on the offenders victims.

ART. 68. PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE
APPLICATION OF ART. 68: This article is not immediately applicable to a minor under 18 years of age, because such minor, if found guilty of the offense charged, is not sentenced to any penalty. The sentence is suspended and he is ordered committed to the reformatory institution, IF, his application therefor is approved by the court. This article applies to such minor if his application for suspension of sentence is DISAPPROVED OR if while in the reformatory institution he becomes INCORRIGIBLE, in which case he shall be returned to the court for the imposition of the proper penalty.

ART. 63. RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES


OUTLINE OF THE RULES: 1. When the penalty is single indivisible, it shall be applied regardless of any mitigating or aggravating circumstances. 2. When the penalty is composed of two indivisible penalties, the following rules shall be observed: (a) When there is only one aggravating circumstance, the greater penalty shall be imposed. (b) When there is neither mitigating nor aggravating circumstances, the lesser penalty shall be imposed. (c) When there is a mitigating circumstance and no aggravating circumstance, the lesser penalty shall be imposed. (d) When both mitigating and aggravating circumstances are present, the court shall allow them to offset one another.

ART. 70. SUCCESSIVE SERVICE OF SENTENCE


THE THREE-FOLD RULE 1. THE MAXIMUM DURATION OF THE CONVICTS SENTENCE shall not be more than three times the length of time corresponding to the most severe of the penalties imposed upon him. 2. But in no case to exceed 40 years. 3. This rule shall apply only when the convict is to serve 4 or more sentences successively. 4. Subsidiary penalty forms part of the penalty. DIFFERENT SYSTEMS OF PENALTY, RELATIVE TO THE EXECUTION OF TWO OR MORE PENALTIES IMPOSED ON ONE AND THE SAME ACCUSED 1. material accumulation system No limitation whatever, and accordingly, all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. 2. juridical accumulation system Limited to not more than three-fold the length of time corresponding to the most severe and in no case to exceed 40 years. This is followed in our jurisdiction. 3. absorption system 22

ART. 64. RULES FOR THE APPLICATION OF PENALTIES, WHICH CONTAIN THREE PERIODS
OUTLINE OF THE RULES: 1. No aggravating, no mitigating- medium period. 2. Only a mitigating circumstance- minimum period. 3. Only an aggravating- maximum period. CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT CONSIDERED IN THE IMPOSITION OF PENALTY: 1. When the penalty is single and indivisible (except if privileged mitigating) 2. In felonies through negligence 3. The penalty to be imposed upon a Moro or other non-Christian inhabitants 4. When the penalty is only a fine imposed by an ordinance 5. When the penalties are prescribed by special laws

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

The lesser penalties are absorbed by the graver penalties.

ART. 72. PREFERENCE IN PAYMENT OF CIVIL LIABILITIES

THE

Civil liability is satisfied, by following the chronological order of the dates of the final judgments.

ART. 77. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES
DEFINITION: A complex penalty is a penalty prescribed by law composed of three distinct penalties, each forming a period: the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period.

1. sentenced to death penalty or life imprisonment 2. treason, or conspiracy or proposal to commit treason 3. misprision of treason, rebellion, sedition or espionage 4. piracy 5. habitual delinquents 6. escaped from confinement, or evaded sentence 7. granted with conditional pardon by the President, but violated the terms thereof 8. maximum term of imprisonment do not exceeding 1 year 9. sentenced to the penalty of destierro or suspension only C. RELEASE OF THE PRISONER ON PAROLE The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he shall have served the minimum penalty imposed on him, provided that: a. Such prisoner is fitted by his training for release, .b There is reasonable probability that he will live and remain at liberty without violating the law, .c Such release will not be incompatible with the welfare of society. D. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE If during the period of surveillance such paroled prisoner shall: (a) show himself to be a lawabiding citizen and, (b) shall not violate any law, the Board may issue a final certification of release in his favor, for his final release and discharge. E. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board may issue an order for his arrest, and thereafter, (b) the prisoner shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. F. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE The minimum and the maximum terms in the IS must be fixed, because they are the basis for the following: 1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him, and (b) is fit for release as determined by the Board of Indeterminate Sentence, such Board may authorize the release of the prisoner on parole, upon terms and conditions prescribed by the Board. 23

INDETERMINATE SENTENCE LAW


Act No. 4103 as amended by Act No. 4225 INDETERMINATE SENTENCE is a sentence with a minimum term and a maximum term which, the court is mandated to impose for the benefit of a guilty person who is not disqualified therefor, when the maximum imprisonment exceeds one (1) year. It applies to both violations of Revised Penal Code and special penal laws. I. IF THE PENALTY IS IMPOSED BY THE RPC: a. The Maximum Term is that which could be properly imposed under the RPC, considering the aggravating and mitigating circumstances, b. The Minimum Term is within the range of the penalty one degree lower than that prescribed by the RPC, without considering the circumstances,

BUT when there is a privileged mitigating


circumstance, so that the penalty has to be lowered by one degree, the STARTING POINT for determining the minimum term of the indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense. II. IF THE PENALTY IS IMPOSED BY A SPECIAL PENAL LAW

SIMPLY for special laws, it is anything


within the inclusive range of the prescribed penalty. Courts are given discretion and the circumstances are not considered. B. WHEN BENEFIT OF THE ISLAW IS NOT APPLICABLE The Indeterminate Sentence Law shall not apply to the following persons:

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

2. But when the paroled prisoner violates any of the conditions of his parole during the period of surveillance, he may be rearrested to serve the remaining unexpired portion of the MAXIMUM sentence. 3. Even if a prisoner has already served the MINIMUM, but he is not fitted for release on parole, he shall continue to serve until the end of the MAXIMUM term.

for damages

9. A minor who is ALREADY AN ADULT at the


time of his conviction is not entitled to a suspension of sentence

PROBATION LAW OF 1976: PD 968, AS AMENDED


A. CONCEPT PROBATION is a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer. B. APPLICATION This shall apply to all offenders except those entitled to benefits under PD 603 and similar laws. C. RULES ON GRANT OF PROBATION 1. After having convicted and sentenced a defendant, the trial court MAY SUSPEND the execution of the sentence, and place the defendant on probation, upon APPLICATION by the defendant within the period for perfecting an appeal. 2. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. 3. NO application for probation shall be entertained or granted if the defendant has PERFECTED AN APPEAL from the judgment of conviction. 4. Filing of application for probation operates as a WAIVER OF THE RIGHT TO APPEAL. 5. The application shall be filed with the trial court, and the order granting or denying probation shall NOT BE APPEALABLE. 6. Accessory penalties are deemed suspended once probation is granted. D. POST-SENTENCE INVESTIGATION The convict is not immediately placed on probation. There shall be a prior investigation by the probation officer and a determination by the court. E. CRITERIA FOR PLACING AN OFFENDER ON PROBATION The Court shall consider: 1. All information relative to the character, antecedents, environment, mental, and physical condition of the offender. 2. Available institutional and community resources. F. PROBATION SHALL BE DENIED IF THE COURT FINDS THAT: CODE: (CoRD) 1. Offender is in need of correctional treatment 24

THE CHILD AND YOUTH WELFARE CODE 1. The purpose of Arts. 189 and 192 of the
Child and Youth Welfare Code is to avoid a situation where JUVENILE OFFENDERS would commingle with ordinary criminals in prison. If the court finds that the youthful offender committed the crime charged against him, it shall DETERMINE the imposable penalty and the civil liability chargeable against him. The court may not pronounce judgment of conviction and SUSPEND all further proceedings if, upon application of the youthful offender, it finds that the best interest of the public and that of the offender will be served thereby. The benefits of Article 192 of PD 603, as amended, providing for suspension of sentence, shall NOT APPLY TO (1) a youthful offender who once enjoyed suspension of sentence under its provisions, or (2) one who is convicted of an offense punishable by death or life imprisonment. The youthful offender shall be RETURNED to the committing court for the pronouncement of judgment, when the youthful offender (1) has been found incorrigible; or (2) has willfully failed to comply with the conditions of his rehabilitation programs; or (3) when his continued stay in the training institution would be inadvisable. When the youthful offender has reached the age of TWENTY-ONE while in commitment, the court shall determine whether To DISMISS the case, if the youthful offender has behaved properly and has shown his capability to be a useful member of the community; or To PRONOUNCE the judgment of conviction, if the conditions mentioned are not met. In the latter case, the convicted offender may apply for PROBATION. In any case, the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention. The final release of a youthful offender based on good conduct as provided in Art. 196 shall not obliterate his CIVIL LIABILITY

2.

3.

4.

5.

6.

7.

8.

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

2. There is undue risk of committing another crime 3. Probation will depreciate the seriousness of the offense committed G. DISQUALIFIED OFFENDERS: THE BENEFITS OF THIS DECREE SHALL NOT BE EXTENDED TO THOSE: 1. Sentenced to serve a maximum of imprisonment of more than 6 years. 2. Convicted of subversion or any crime against the national security or the public order. 3. Previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine not more than P200. 4. Once placed on probation. H. CONDITIONS OF PROBATION 2 KINDS OF CONDITIONS IMPOSED: .1 Mandatory or general - once violated, the probation is cancelled. They are: a. Probationer Presents himself to the probation officer designated to undertake his supervision, at such place as may be specified in the order, within 72 hours from receipt of order; b. He Reports to the probation officer at least once a month 2. Discretionary or special additional conditions listed, which the courts may additionally impose on the probationer towards his correction and rehabilitation outside prison. HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and enable the courts to designate practically ANY term it chooses, as long as the probationers Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of probationer, and not incompatible with the freedom of conscience of probationer. I. PERIOD OF PROBATION FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION? .1 If the convict is sentenced to a term of imprisonment of NOT more than one year, the period of probation shall not exceed two years. 2. In all other cases, if he is sentenced to more than one year, said period shall not exceed six years. 3. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment, the period of probation shall be twice the total number of days of subsidiary imprisonment. J. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS.

1. At any time during probation, the court may


issue a warrant for the ARREST of a probationer for any serious violation of the conditions of probation. If violation is established, the court may (a) REVOKE his probation, or (b) continue his probation and MODIFY the conditions thereof. This order is not appealable. If revoked, the probationer shall SERVE the sentence originally imposed.

2.

3.

K. TERMINATION OF PROBATION The Court may order the final discharge of the probationer upon finding that, he has fulfilled the terms and conditions of his probation. L. EFFECTS OF TERMINATION OF PROBATION 1. Case is deemed terminated. 2. Restoration of all civil rights lost or suspended. 3. Fully discharges liability for any fine imposed.

Note that the probation is NOT coterminous


with its period. There must first be an order issued by the court discharging the probationer.

ART. 83. SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE


Death sentence shall be suspended when the accused is a: 1. Woman, while pregnant; 2. Woman, within one (1) year after delivery; 3. Person over seventy (70) years of age; 4. Convict who becomes insane, after final sentence of death has been pronounced.

ART. 87. DESTIERRO


ONLY IN THE FOLLOWING CASES IS DESTIERRO IMPOSED: CODE: (E-BCP) 1. Death or serious physical injuries is caused or are inflicted, under exceptional circumstances (Art. 247); 2. Failure to give bond for good behavior in grave and light threats (Art. 284); 3. Penalty for the concubine in concubinage (Art. 334); 4. When, after reducing the penalty by one or more degrees, destierro is the proper penalty Although destierro does not constitute imprisonment, it is nonetheless a deprivation of liberty. Art. 29 is applicable in destierro.

ART. 89. HOW CRIMINAL LIABILITY IS


25

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

TOTALLY EXTINGUISHED
CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED: CODE(D SAAPP M) 1. By the DEATH of the convict as to personal penalties; BUT as to pecuniary penalties, liability is extinguished only when the death of the offender occurs before final judgment; 2. By SERVICE OF SENTENCE; 3. By AMNESTY, which completely extinguishes the penalty and all its effects. Amnesty is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely if ever exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted. 4. By ABSOLUTE PARDON; Pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed.
PARDO N

5. Does not
extinguish the civil liability of the offender 6. Being a PRIVATE ACT by the President, must be pleaded and proved by the person pardoned

5. Does not extinguish the civil liability of the offender

As a matter of
evidence

6. Being by
Proclamation of the Chief Executive with the concurrence of Congress, is a PUBLIC ACT of which the courts should take notice

5. By PRESCRIPTION OF THE CRIME;


Prescription of the Crime is the forfeiture or loss of the right of the State to prosecute the offender, after the lapse of a certain time. PENALTIES AND THEIR PRESCRIPTIVE PERIODS PENALTIES AND PRESCRIPTIVE OFFENSES PERIOD Death, Reclusion 20 years Perpetua, Reclusion Temporal Afflictive Penalties 15 years Correctional penalties 10 years Arresto Mayor 5 years Libel or other similar 1 year offenses Oral Defamation and 6 months Slander by Deed Light Offenses 2 months

AMNESTY 1. A blanket pardon to classes of persons or communities who may be guilty of political offenses 2. May be exercised even before trial or investigation is had 3. Looks BACKWARD and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense

To whom granted

1. Includes any
crime and is exercised individually by the President

When exercised Effects

2. Exercised
when the person is already convicted

3. Merely looks
FORWARD and relieves the offender from the consequences of an offense of which he has been convicted; it does not work for the restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly restored by means of pardon 4. Does not alter the fact that the accused is a recidivist as it produces only the extinction of the personal effects of the penalty

6. By PRESCRIPTION OF THE PENALTY;


Prescription of the Penalty is the loss or forfeiture of the right of the Government to execute the final sentence, after the lapse of a certain time Conditions necessary: a.That there be final judgment; b.That the period of time prescribed by law for its enforcement has elapsed Usually caused by Evasion of Service of sentence

7. By THE MARRIAGE OF THE OFFENDED


WOMAN with the offender in the crimes of rape, abduction, seduction, and acts of lasciviousness. In the crimes of rape, seduction, abduction, or acts of lasciviousness, the marriage, as provided under Art. 344, must be contracted by the offender in good faith. CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED: 1. By CONDITIONAL PARDON; 2. By COMMUTATION OF THE SENTENCE; 3. For GOOD CONDUCT ALLOWANCES which the culprit may earn while he is

4. Makes an exconvict no longer a recidivist, because it obliterates the last vestige of the crime

26
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

serving sentence; 4. By PAROLE; Conditional Pardon May be given at any time after final judgment; is granted by the Chief Executive under the provisions of the Administrative Code Parole 1. May be given after the prisoner has served the minimum penalty; is granted by the Board of Pardons and Parole under the provision of the Indeterminate Sentence Law 2. For violation of the terms of the parole, the convict CANNOT BE PROSECUTED UNDER ART. 159 of the RPC, he can be re-arrested and re-incarcerated to serve the unserved portion of his original penalty

KEEPERS, TAVERNKEEPERS AND PROPRIETORS OF ESTABLISHMENTS


ELEMENTS under par. 1: 1. That the innkeeper, tavernkeeper or proprietor of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation; 2. That a crime is committed in such inn, tavern or establishment; 3. That the person criminally liable is insolvent. ELEMENTS under par. 2: 1. The guests notified in advance the innkeeper or the person representing him of the deposit of goods within the inn or house; 2. The guests followed the directions of the innkeeper or his representative with respect to the care and vigilance over the goods; 3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house.

1.

2. For violation of the


conditional pardon, the convict may be ordered rearrested or reincarcerated by the Chief Executive, or may be PROSECUTED under Art. 159 of the Code

Art. 93. PRESCRIPTION OF PENALTIES


RULES: 1. The period shall begin to run from the date when the culprit should evade the service of his sentence. 2. It shall be interrupted if the defendant should: a) Give himself up, b) Be captured, c) Go to a foreign country with which the Philippines has no extradition treaty, or d) Commit another crime before the expiration of the period of prescription.

5. by PROBATION. Please see Probation Law.


ART. 91. COMPUTATION OF PRESCRIPTION OF OFFENSES
SUMMARY OR RULES: 1. The period of prescription shall commence to run from the day on which the crime was discovered by the offended party, the authorities, or their agents. 2. It shall be interrupted by the filing of the complaint or information. 3. It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are stopped for any reason not imputable to him. 4. The term or prescription will not run when the offender is absent from the Philippines.

ART. 104. WHAT IS INCLUDED IN CIVIL LIABILITY


THREE CATEGORIES: 1. Restitution 2. Reparation of damage caused 3. And indemnification for consequential damages

ART. 100. CIVIL LIABILITY OF A PERSON GUILTY OF FELONY


A CRIME HAS A DUAL CHARACTER: 1. As an offense against the State, because of the disturbance of the social order; and 2. As an offense against the private person injured by the crime, UNLESS it involves the crime of treason, rebellion, espionage, contempt, and others wherein no civil liability arises on the part of the offender, either because there are no damages to be compensated or there is no private person injured by the crime

ART 110. SEVERAL AND SUBSIDIARY LIABILITY OF PRINCIPALS, ACCOMPLICES AND ACCESSORIES
1. Each within their respective class is liable in solidum among themselves for their quotas and subsidiarily for those of the other persons liable. 2. Subsidiary liability is enforced: (a) first, against the property of the principals; (b) second, against that of the accomplices; and (c) third, against that of the accessories. 3. The person who made the payment when liability is in solidum or subsidiary liability has been enforced, will have a right of action against the others for the amount of their respective shares. 27

ART. 102 SUBSIDIARY LIABILITY OF INN

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

-End of Book One-

BOOK TWO
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ART. 114-TREASON ELEMENTS: 1. That the offender owes allegiance to the Government of the Philippines 2. That there is a war in which the Phil. is involved 3. That the offender either (modes of committing) a.) levies war against the government; or b.) adheres to the enemies, giving them full support Ways of being committed 1. Levying war That there be an actual assembling of men for the purpose of executing a treasonable design by force 2. Adherence to the enemy rendering him aid and comfort AID/COMFORT means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country or any act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy Ways of proving Treason: 1. Two-witness rule 2. Confession of guilt in open court Treason absorbs crimes furtherance thereof. committed in

Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2, RPC) Treason by alien must be committed in the Phils. (EO 44).

28
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Treason is a CONTINUOUS OFFENSE .


ART. 115- CONSPIRACY & PROPOSAL TO COMMIT TREASON Committed when in time of war, two or more persons come to an agreement and decide to commit it, or when one person proposes to another: (1) to levy war against the Government, or (2) to adhere to the enemies and to give them aid and comfort. As a general rule, conspiracy and proposal to commit a felony is not punishable (ART.8). Two-witness rule does not apply because this is a separate and distinct offense.

3. 4. 5. 6.

Disloyal acts or words in time of peace Disloyal acts or words in time war Conspiracy to commit the preceding acts Harboring or concealing violators of the Act. Espionage may be committed both in time of peace and war.

ART. 118- INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS: 1. That the offender performs unlawful or unauthorized acts; and 2. That such acts provoke or give occasion for (a) a war involving or liable to involve the Phils. or (b) expose Filipino citizens to reprisals on their persons & property. ART. 119- VIOLATION OF NEUTRALITY ELEMENTS: 1. That there is a war in which the Phils. is not involved, 2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality, and 3. That the offender violates such regulation. ART. 120- CORRESPONDENCE WITH HOSTILE COUNTRY ELEMENTS: 1. That it is made in time of war where the Phils. is involved 2. That the offender makes correspondence with the: (a) enemy country or (b) territory occupied by the enemy troops 3. That the correspondence is either: prohibited by the Government, or b) carried on in ciphers or conventional signs containing data which might be useful to the enemy. ART. 121- FLIGHT TO ENEMYS COUNTRY ELEMENTS: 1. That there is a war in which the Phil. is involved 2. That the offender owes allegiance to the Government 3. That the offender attempts to flee or go to enemy country 4. That going to enemy country is prohibited by the competent authority ART. 122- PIRACY IN GENERAL & MUTINY ON THE HIGH SEAS

ART. 116- MISPRISION OF TREASON ELEMENTS: 1. That the offender is a citizen of the Philippines 2. That he has knowledge of any conspiracy against the Government 3. That the conspiracy is one to commit treason 4. That he conceals or does not disclose and make known the same as soon as possible to the proper authority. . Art. 116 does not apply when treason is already committed and the accused does not report its commission. Offender is not punished as an accessory to treason but as a principal in misprision.

ART. 117- ESPIONAGE TWO WAYS OF COMMITTING: 1) By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Phil. 2) By disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds. COMMONWEALTH ACT 616 AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL SECURITY Acts Penalized 1. Unlawfully obtaining or permitting to be obtained information affecting national defense 2. Unlawfully disclosing information affecting national defense 29

ELEMENTS OF PIRACY: 1. That a vessel is on high seas, 2. That the offenders are not members of its

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

complement or passengers of the vessel

3. That the offenders a) attack or seize the


vessel or b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers HIGH SEAS any waters on the seacoast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign Government. VESSEL any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing.

2. usurping or seizing control of an aircraft of


foreign registry, while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable, corrosive, explosive or poisonous substances; and loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the rules and regulations of the Air Transportation Office.

3.

4.

Pursuant to Art 122 as amended by PD


532: Piracy and Mutiny may be committed in Philippine waters

Aircraft is IN FLIGHT from the moment all


exterior doors are closed following embarkation until the same doors are again opened for disembarkation. CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE All offenses in this Title are required to be committed by public officers except except Offending the religious feelings ART. 124- ARBITRARY DETENTION ELEMENTS: 1. That the offender is a public officer or employee 2. That he detains a person 3. That the detention is without legal grounds LEGAL GROUNDS FOR THE DETENTION OF PERSONS: 1) The commission of the crime 2) Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital ART. 125- DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES ELEMENTS: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal ground ( Sec. 5, Rule 113, Rules of Court) 3. That he fails to deliver such person to the proper judicial authorities within: 12 hrs. for light penalties or their equivalent. 18 hrs. for correctional penalties or their equivalent 36 hrs. for afflictive penalties or their equivalent

PD

532 (ANTI-PIRACY AND ANTIHIGHWAY ROBBERY LAW OF 1974) punishes the act of AIDING OR ABETTING PIRACY. REQUISITES: 1. Knowingly aids or protects pirates; 2. Acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; 3. Directly or indirectly abets the commission of piracy. NOTE: Under PD 532, piracy may be committed even by a passenger or member of the complement of the vessel

MUTINY ON THE HIGH SEAS the


unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander. ART. 123- QUALIFIED PIRACY ELEMENTS: 1. Whenever the offenders have seized the vessel by boarding or firing upon the same 2. Whenever the pirates have abandoned their victims without means of saving themselves 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape

CRIMES referred to in the article pertain to


piracy and mutiny on the high seas REPUBLIC ACT 6235 AIRCRAFT PIRACY/ HIJACKING ACTS PUNISHED: 1. usurping or seizing control of an aircraft of Philippine registry while it is in flight; compelling the pilots thereof to change its course or destination 30

If the offender is a private individual the

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

crime is ILLEGAL DETENTION under Art. 267 The detention is legal from the beginning but becomes illegal after the lapse of the prescribed periods and no delivery is made to the proper judicial authoritites. Art. 125 is not applicable when the arrest is by virtue of a warrant of arrest in which case he can be detained indefinitely. Person arrested may request for a preliminary investigation but must sign a waiver of Art. 125.

2) Searching papers or other effects found


therein without the previous consent of such owner 3) Refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same (offense is the refusal to leave and not the entrance without consent) COMMON ELEMENTS: 1. That the offender is public officer / employee 2. That he is not authorized by judicial order to enter the dwelling and/ or to make a search for papers and for other effects QUALIFYING CIRCUMSTANCES: 1) If committed at nighttime 2) If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender. ART. 129- SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED PUNISHABLE ACTS: 1. Procuring a search warrant without just cause 2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured

Shall fail to deliver to proper authorities


means filing of an information against the person arrested with the corresponding court or judge ART. 126- DELAYING RELEASE ELEMENTS: 1. That the offender is a public officer or employee 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. That the offender without good reason delays (a) the service of the notice of such order to the prisoner, (b) the performance of such judicial or executive order for the release of the prisoner or (c) the proceedings upon a petition for the release of such person. ART. 127- EXPULSION ELEMENTS: 1. That the offender is a public officer or employee 2. That he expels any person from the Phil., or compels a person to change his residence 3. That the offender is not authorized to do so by law Only the President of the Phils. is authorized to deport aliens under the Revised Administrative Code. Only the court by a final judgement can order a person to change residence

If search warrant is secured through false


affidavit, the crime punished by this article cannot be complexed but will be a separate crime from perjury since the penalty herein provided shall be in addition to the penalty of perjury. ART. 130- SEARCHING DOMICILE WITHOUT WITNESSES ELEMENTS: 1. That the offender is a public officer/ employee 2. That he searches the domicile, papers or other belongings of any person 3. That he is armed with a warrant 4. That the owner or any member is his family, or two witnesses residing in the same locality are not present ART.131-PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS PUNISHABLE ACTS: 1. Prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or by dissolving the same 2. Hindering any person from joining any lawful 31

VIOLATION OF DOMICILE (ARTS. 128-130) ART. 128-VIOLATION OF DOMICILE PUNISHABLE ACTS: (CODE SER) 1) Entering any dwelling against the will of the owner

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

association or from attending any of its meetings 3. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances COMMON ELEMENTS: 1) That the offender is a public officer 2) That he performs any of the acts mentioned above

i. ii.

b)

Government or its laws The territory of the Phils. Any body of land, naval or other armed forces or Depriving the Chief executive or Congress, wholly or partially, of any of their powers or prerogatives.

there is no legal ground to prohibit when the


danger is not imminent and the evil to be prevented is not a serious one offender must be a stranger, and not a participant

CRIMES AGAINST RELIGIOUS WORSHIP (ARTS. 132 & 133) ART. 132- INTERRUPTION OF RELIGIOUS WORSHIP ELEMENTS: 1. That the offender is a public officer/employee, 2. That religious ceremonies or manifestations of any religion are about to take place or are going on, and 3. That the offender prevents/disturbs the same. Qualified by violence or threats If the prohibition or disturbance is committed only in a meeting or rally of a sect, it would be punishable under Art.131.

ART. 134-A- COUP DETAT 1. How - by a swift attack, accompanied by violence, intimidation, threat, strategy or stealth (CODE VITSS) 2. Against whom duly constituted authorities of the Republic, military camp or installation, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power (CODE AM CUF) 3. Where singly or simultaneously carried out anywhere in the Philippines 4. By whom by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or employment 5. Purpose to seize or diminish state power Indeterminate Sentence Law is not applicable ART. 135- PENALTY FOR REBELLION OR INSURRECTION OR COUP DETAT PERSONS LIABLE: 1. Persons who promote, maintain or head 2. Persons who participate or execute commands of others ART. 136- CONSPIRACY & PROPOSAL TO COMMIT REBELLION , INSURRECTION OR COUP D ETAT An instance where preparatory acts. the law punishes

ART. 133- OFFENDING RELIGIOUS FEELINGS ELEMENTS: 1. That the acts complained of were performed (a) in a place devoted to religious worship [not necessary that there is religious worship] or (b) during the celebration of any religious ceremony, 2. That the acts must be notoriously offensive to the feelings of the faithful. May be committed by a public officer or a private individual

CRIMES AGAINST PUBLIC ORDER (ARTS. 134-160) ART. 134REBELLION/INSURRECTION ELEMENTS: 1) That there be a) public uprising and b) taking arms against the Government. 2) For the purpose of: a) Removing from the allegiance to said 32

ART. 137- DISLOYALTY OF PUBLIC OFFICERS /EMPLOYEES PUNISHABLE ACTS: 1) Failing to resist a rebellion by all means in their power 2) Continuing to discharge the duties of their office under the control of the rebels 3) Accepting appointment to office under the rebels The crime presupposes the existence of rebellion by other persons; the offender must not be in conspiracy with the rebels

ART. 138- INCITING TO REBELLION / INSURRECTION ELEMENTS:

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

1. That the offender does not take arms or is not in open hostility against the Government 2. That he incites others to the execution of any of the acts of rebellion 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (CODE SPWEBO) ART. 139- SEDITION ELEMENTS: 1. That the offenders rise a) publicly and b) tumultuously 2. That they employ force, intimidation, or other means outside of legal methods 3. That the offenders employ any of those means to attain any of the ff. objects: a) To prevent the promulgation or execution of any law or the holding of any popular election. b) To prevent the government or any public officer from freely exercising its or his functions, or prevent the execution of any Administrative Order. c) To inflict any act of hate or revenge upon the person or property of any public officer/employee. d) To commit, for any political or social end, any act of hate or revenge against private persons or any social class. e) To despoil, for any political or social end, any person or the government of all its property or any part thereof. TUMULTUOUS if caused by more than three persons who are armed or provided with the means of violence

authorities ELEMENTS OF ACT #1 1. That the offender does not take direct part in the crime of sedition 1. That he incites others to the accomplishment of any of the act which constitute sedition 2. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end. ACTS # 2 & 3 PUNISHABLE: when 1) They tend to disturb or obstruct any lawful officer in executing the functions of his office 2) They tend to instigate others to cabal and meet together for unlawful purposes 3) They suggest or incite rebellious conspiracies or riots 4) They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, the safety and order of the Government. Rules relative to seditious words: 1. The clear and present danger rule 1. Dangerous tendency rule

ART. 140- PENALTY FOR SEDITION PERSONS LIABLE: 1) The leader of the sedition 2) Other persons participating in the sedition ART. 141- CONSPIRACY TO COMMIT SEDITION Only Conspiracy to commit sedition is punishable and not proposal to commit sedition

CRIMES AGAINST POPULAR REPRESENTATION (ARTS. 143-145) ART.143- ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES ELEMENTS: 1. That there be a projected meeting or actual meeting of the Natl Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions, or of any provincial board or city or municipal council or board 2. That the offender who may be any person prevents such meeting by force or fraud ART. 144- DISTURBANCE OF PROCEEDINGS ELEMENTS: 1. That there be a meeting of the Congress or any of its committees or subcommittees, constitutional commissions or committees, or any provincial board or city or municipal council or board 2. That the offender does any of the ff. acts: a. He disturbs any of such meetings. b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the 33

ART. 142- INCITING TO SEDITION Punishable Acts: 1) Inciting others to commit sedition by means of speeches, proclamations, writings, emblems 2) Uttering seditious words or speeches which tend to disturb the public peace 3) Writing, publishing, or circulating scurrilous (vulgar, mean, foul) libels against the Government or any of the duly constituted

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

respect due it. Congress may also punish for contempt.

2) some purpose contrary to public morals PERSONS LIABLE: 1) Founders, directors, and president of the association. 2) Members of the association. ASSAULT, RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY (Arts. 148-152) ART. 152- PERSONS IN AUTHORITY & AGENTS OF PERSONS IN AUTHORITY Public Officer (PO)
Any person who takes part in the performance of public functions in the government . Person in Authority (PA) One who is directly vested with jurisdiction.
Agent of a Person in Authority (APA)

b. c.

ART. 145 VIOLATION OF PARLIAMENTARY IMMUNITY Punishable Acts: 1) Using force, intimidation, threats, or frauds to prevent any member from: a. Attending the meetings of the Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof Expressing his opinions or Casting his vote 2) Arresting or searching any member while the Congress is in session, except in case such member has committed a crime punishable under the Code by a penalty higher than prision mayor. ILLEGAL ASSEMBLIES AND ASSOCIATIONS (Arts. 146 & 147) ART. 146 ILLEGAL ASSEMBLIES FORMS OF ILLEGAL ASSEMBLY: 1) Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code 2) Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority PERSONS LIABLE IN ILLEGAL ASSEMBLY: 1. The organizers or leaders of the meeting 2. Persons merely present at the meeting It is necessary that the audience is actually incited. If in the meeting the audience is incited to the commission of rebellion or sedition, the crimes committed are ILLEGAL ASSEMBLY as regards to the organizers or leaders or persons merely present and INCITING TO REBELLION OR SEDITION insofar as the one inciting them is concerned

One who is charged with the maintenance of public order and the protection and security of life and property 2. Any person who comes to the aid of a PA.

ART. 148- DIRECT ASSAULTS KINDS: 1. Simple assault 2. Qualified assault TWO WAYS TO COMMIT: 1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of sedition & rebellion

offended party need not be a person in


authority or his agent, he may be a private individual if the object is to attain an object of sedition

2. Without public uprising, by attacking, by


employing force or seriously intimidating or by seriously resisting any person in authority (PA) or any of his agents (APA), while engaged in the performance of official duties, or on the occasion of such performance. DIRECT ASSAULT IS QUALIFIED WHEN: 1. Committed with a weapon 2. Offender is a public officer or employee 3. Offender lays hands upon a person in authority Additional penalty for attacking ambassador or minister (R.A. 75)

PRESUMPTIONS: If any person carries an unlicensed firearm, it is presumed that: 1) the purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC, and 2) he is considered a leader or organizer of the meeting. ART. 147 ILLEGAL ASSOCIATIONS Prohibited Association Association totally or partially organized for: 1) the purpose of committing any of the crimes punishable under the Code 34

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Knowledge of the accused that the victim is a PA or APA is essential

ART. 149- INDIRECT ASSAULT ELEMENTS: 1. That an APA is the victim of any of the forms of direct assault defined in Art. 148 2. That a person comes to the aid of the APA 3. That the offender makes use of force or intimidation upon such person coming to the aid of the APA. ART. 150- DISOBEDIENCE TO SUMMONS ISSUED BY THE NATL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONST. COMMISSION, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS PUNISHABLE ACTS: 1) Refusing, without legal excuse, to obey summons of Congress, or any commission or committee chairman or member authorized to summon witnesses, 2) Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official, 3) Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions, 4) Restraining another from attending as a witness in such legislative or constitutional body, 5) Inducing disobedience to summons or refusal to be sworn by any such body or official. ART. 151- RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON ELEMENTS OF RESISTANCE & SERIOUS DISOBEDIENCE: 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender 2. That the offender resists or seriously disobeys such person in authority or his agent 3. That the act of the offender is not included in the provisions of Arts. 148-150 ELEMENTS OF SIMPLE DISOBEDIENCE: 1. That an APA is engaged in the performance of official duty or gives a lawful order to the offender, 2. That the offender disobeys such APA, 3. That such disobedience is not of a serious nature. 35

DIRECT ASSAULT The PA or APA must be engaged in the performance of official duties or that he is assaulted by reason thereof There is force employed

RESISTANCE Only in actual performance of duties

Use of force is not so serious

CRIMES AGAINST PUBLIC DISORDERS (ARTS. 153-156) ART. 153- TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER PUNISHABLE ACTS: 1) Causing any serous disturbance in a public place, office or establishment 2) Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131-132. 3) Making an outcry tending to incite rebellion or sedition in any meeting, association or public place 4) Displaying placards or emblems which provoke a disturbance of public order in such place 5) Burying with pomp the body of a person who has been legally executed Serious disturbance must be planned or intended OUTCRY to shout spontaneously, subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition

ART. 154- UNLAWFUL USE OF MEANS OF PUBLICATION & UNLAWFUL UTTERANCES Punishable Acts: 1) Publishing or causing to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State 2) Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches 3) Maliciously publishing or causing to be published any official resolution or document without authority, or before they have been published officially 4) Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

printers name, or which are classified as anonymous ART. 155- ALARMS & SCANDALS Punishable Acts: 1) Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger (should not be aimed at a person otherwise illegal discharge of firearm under Art. 254) 2) Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3) Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements 4) Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable CHARIVARI - includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult If the disturbance is of a serious nature, the case will fall under Art. 153

EARTHQUAKES, OR OTHER CALAMITIES ELEMENTS: 1. That the offender is a convict by final judgement, and is confined in a penal institution 2. That there is disorder, resulting from; a. Conflagration b. Earthquake c. Explosion d. similar catastrophe e. mutiny in which he has not participated 3. That the offender leaves the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. That the offender fails to give himself up to the authorities within 48 hrs. following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. ART. 159- OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON) ELEMENTS: 1. That the offender was a convict 2. That he was granted a conditional pardon by the Chief Exec. 3. That he violated any of the conditions of such pardon Violation of conditional pardon is a distinct crime

ART. 156- DELIVERING PRISONERS FROM JAILS ELEMENTS: 1. That there is a person confined in a jail or penal establishment (detention included) 2. That the offender removes such person, or helps the escape of such person KINDS OF EVASION OF SERVICE OF SENTENCE (ARTS. 157-159) ART.157- EVASION OF SERVICE OF SENTENCE ELEMENTS: 1. That the offender is a convict by final judgement 2. That he is serving his sentence, which consists in deprivation of liberty 3. That he evades the service of his sentence by escaping during the term of his sentence. CIRCUMSTANCES QUALIFYING THE OFFENSE: 1) By means of unlawful entry 2) By breaking doors, windows, gates, walls, roofs or floors 3) By using picklocks, false keys, disguise, deceit, violence, or intimidation 4) Through connivance with other convicts or employees of the penal institution ART. 158- EVASION OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, 36

Offender can be arrested and reincarcerated without trial in accordance with Sec. 64(I) of the RAC ART. 160- COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM) ELEMENTS OF QUASI-RECIDIVISM: 1. That the offender was already convicted by final judgement 2. That he committed a new felony before beginning to serve such sentence or while serving the same

WHO CAN BE PARDONED:


1) At the age of 70, if he shall have already served out his original sentence (and not a habitual criminal) or 2) When he shall have completed it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. As distinguished from REITERACION (habituality) which requires that the offender against whom it is considered shall have

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

served out his sentence for the prior offenses. Cannot be offset by ordinary mitigating circumstances

2. Importing or uttering such mutilated coins,


with the further requirement that there must be connivance with the mutilator or importer in case of uttering Mutilation of foreign currency not included Coins must be of legal tender

CRIMES AGAINST PUBLIC INTEREST (ARTS. 161-189) CRIMES CALLED FORGERIES (ARTS. 161-174) ART. 161- COUNTERFEITING THE SEAL OF THE GOVERNMENT, THE SIGNATURE, OR THE STAMP OF THE CHIEF EXEC. Punishable Acts: 1. Forging the Great Seal of the Government of the Phil. 2. Forging the signature of the President 3. Forging the stamp of the President ART. 162- USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP ELEMENTS: 1. That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person 2. That the offender knew of the counterfeiting of forgery 3. That he used the counterfeit seal or forged signature or stamp

ART. 165- SELLING OF FALSE OR MUTILATED COIN WITHOUT CONNIVANCE Punishable Acts POSSESSION UTTERING ELEMENTS: ELEMENTS: a. Possession a. Actually b. With intent to uttering. utter b. Knowledge c. Knowledge Does not require legal tender

CRIMES UNDER COUNTERFEITING COINS (ARTS. 163-165) ART. 163- MAKING AND IMPORTING AND UTTERING FALSE COINS ELEMENTS: 1. That there be false or counterfeited coins 2. That the offender either made, imported or uttered such coins 3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers Coins withdrawn from circulation may be counterfeited

ART. 166- FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO THE BEARER; IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS Punishable Acts: 1) Forging or falsification of treasury or bank notes or other documents payable to bearer 2) Importation of such false or forged obligations or notes 3) Uttering of such false or forged obligations or notes in connivance with the forgers or importers Counterfeiting of paper bills is covered by this felony (see People vs. Valencia) ART. 167-COUNTERFEITING, IMPORTING, & UTTERING INSTRUMENTS NOT PAYABLE TO THE BEARER ELEMENTS: 1. That there be an instrument payable to order or other such document of credit not payable to bearer 2. That the offender either forged, imported or uttered such instrument 3. That in case of uttering, he connived with the forger or importer. ART.168- ILLEGAL POSSESSION & USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT ELEMENTS: 37

ART. 164- MUTILATION OF COINS- IMPORTATION & UTTERANCE OF MUTILATED COINS PUNISHABLE ACTS: 1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

1. That any of said instruments is forged or falsified by another person 2. That the offender knows that any of those instruments is forged or falsified 3. That he performs any of these acts : a. Using any of such forged or falsified instruments b. Possession with intent to use of any of such forged or falsified instruments ART. 169- HOW FORGERY IS COMMITTED 1) By giving a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document 2) By erasing, substituting, counterfeiting or altering the figures, letters, words, or sign contained therein Forgery includes counterfeiting falsification &

the Natl Assembly or any provincial board or municipal council 2. That the offender alters the same 3. That he has no proper authority 4. That the alteration has changed the meaning of the document. ART. 171- FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE; OR NOTARY OR ECCLESIASTICAL MINISTER ELEMENTS: 1. That the offender is a public officer, employee or notary public 2. That he takes advantage of his official position REQUISITES: a. He has a duty to make or prepare or otherwise to intervene in the preparation of the document b. He has official custody of the document which he falsifies 3. That he falsifies a document by committing any of the ff. acts: a. Counterfeiting or imitating any handwriting, signature or rubric b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them d. Making untruthful statements in a narration of facts e. Altering true dates f. Making any alteration or intercalation in a genuine document which changes its meaning g. Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from that of the genuine original h. Intercalating any instrument or note relative to the issuance in a protocol, registry or official book Genuine document in pars. f,g,h is necessary. Falsification may be committed by simulating or fabricating a document in paragraphs a to e

CLASSES OF FALSIFICATION (ARTS. 170-173) The crime of falsification must involve a writing which is a document in the legal sense.

CLASSIFICATION OF DOCUMENTS: 1) Public (a) document created, executed or issued by a public official in response to exigencies of the public service, (b) or in the execution of which a public official or notary public intervened 2) Official issued by a public official in the exercise of the functions of his office; also a public document. 3) Commercial- defined and regulated by the Code of Commerce or other commercial law 4) Private- a deed or instrument executed by a private person without the intervention of a notary public or other person legally authorized, by which document, some disposition of agreement is proved, evidenced or set forth Importance of Classification: 1) In private documents, criminal liability will not arise unless there is damage caused to third person. 2) In public or commercial documents, criminal liability can arise although no third person suffered damage. ART. 170-FALSIFICATION OF LEGISLATIVE DOCUMENTS ELEMENTS: 1. That there be a bill, resolution or ordinance enacted or approved or pending approval by 38

PERSONS LIABLE: 1) Any public officer, employee or notary public 2) Ecclesiastical minister, when the falsification may affect the civil status of persons ART. 172-FALSIFICATION BY

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

PRIVATE INDIVIDUALS & USE OF FALSIFIED DOCUMENTS Punishable Acts: 1) Falsification of public, official, or commercial document by a private individual or by a public officer, employee or notary public who does not take advantage of his official position Damage or intent to cause damage is not necessary in this paragraph. 2) Falsification of private document by any person The offender must have (a) counterfeited the false document and (b) he must have performed an independent act which operates to the prejudice of a third person Use of a falsified document 1. in a Judicial Proceeding no damage required 2. in any other transaction with intent to cause damage to another
FALSIFICATION AS A MEANS TO COMMIT ESTAFA

messages 3) Using such falsified message ART. 174- FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE PERSONS LIABLE: 1) Physician or surgeon who, in connection with the practice of his profession, issued a false certificate 2) Public officer who issued a false certificate of merit or service, good conduct or similar circumstances 3) Private individual who falsified a certificate falling in the classes mentioned in nos. 1&2 ART. 175- USING FALSE CERTIFICATES ELEMENTS: 1. That a false certificate mentioned in the preceding article was issued. 2. That the offender knew that the certificate was false 3. That he used the same. ART. 176- MANUFACTURING & POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION Punishable Acts: 1) Making or introducing into the Phil. any stamps, dies, marks, or other instruments or implements for counterfeiting 2) Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Phil. by another person ART. 177-USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS WAYS TO COMMIT: 1) By misrepresenting oneself to be an officer, agent or representative of the government, whether local, national or foreign 2) By performing any act pertaining to a person in authority or public officer of the government under the pretense of official position and without authority May be violated by a public officer

Falsification of Public, Official or Commercial Doc. When committed as a necessary means to commit estafa, complex crime is committed.

Falsification of Private Doc. Even when committed as a necessary means to commit estafa, either estafa or falsification only is committed. REASON: In this type of falsification, an act independent of falsification is required, to show intent to defraud. ART. 171 prejudice to third person is immaterial; what is punished is the violation of public faith and the perversion of truth

ART. 172 the prejudice to a third party is taken into account so that if damage is not apparent, or at least if with no intent to cause it, the falsification is not punishable

ART. 173- FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, & TEL. MESSAGES, & USE OF SAID FALSIFIED MESSAGES PUNISHABLE ACTS: 1) Uttering fictitious wireless, telegraph or telephone messages 2) Falsifying wireless, telegraph or tel. 39

ART. 178- USING FICTITIOUS NAME & CONCEALING TRUE NAME ELEMENTS: (USING FICTITIOUS NAME) 1. That the offender uses a name other than his real name 2. That he uses that fictitious name publicly 3. That the purpose of the offender is --

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

a. to conceal a crime b. to evade the execution of a judgement c. to cause damage to public interest ELEMENTS: (CONCEALING TRUE NAME) 1. That the offender conceals --a. His true name b. all other personal circumstances 2. That the purpose is only to conceal his identity NOTE: CA 142 punishes illegal use of alias ART. 179- ILLEGAL USE OF UNIFORM OR INSIGNIA ELEMENTS: 1. That the offender makes use of insignia, uniform or dress 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member 3. That said insignia, uniform, or dress is used publicly and improperly THREE FORMS OF FALSE TESTIMONY (ARTS. 180-183) ART. 180- FALSE TESTIMONY AGAINST A DEFENDANT ELEMENTS: 1. That there be a criminal proceeding where the offender testifies falsely under oath against the defendant 2. That the offender who gives false testimony knows that it is false 3. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgement. Defendant must be sentenced to at least a correctional penalty or a fine or must be acquitted

4. That the false testimony must be given by the defendant knowing the same to be false 5. That the testimony must be malicious and given with an intent to affect the issues presented in said case. Article not applicable in special proceedings which falls under other cases in Art. 183.

ART. 183- FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION Acts Punished: 1) By falsely testifying under oath (not in judicial proceedings) 2) By making a false affidavit ELEMENTS OF PERJURY: 1. That the accused made a statement under oath or affirmation or executed an affidavit upon a material matter 2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood 4. That the sworn statement or affidavit containing the falsity is required by law. ART. 184- OFFERING FALSE TESTIMONY IN EVIDENCE ELEMENTS: 1. That the offender offered in evidence a false witness or false testimony 2. That he knew the witness or the testimony was false 3. That the offer was made in a judicial or official proceeding CRIMES CLASSIFIED AS FRAUDS (ARTS. 185-189) ART. 185- MACHINATIONS IN PUBLIC AUCTIONS Punishable Acts: 1) Soliciting any gift or promise as a consideration for refraining from taking part in any public auction 2) Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice ESSENTIAL ELEMENT: That there be intent to cause the reduction of the price. ART. 186- MONOPOLIES & COMBINATIONS IN RESTRAINT OF TRADE 40

ART. 181- FALSE TESTIMONY FAVORABLE TO THE DEFENDANT Conviction or acquittal of defendant in principal case not necessary

ART. 182- FALSE TESTIMONY IN CIVIL CASES ELEMENTS: 1. That the testimony must be given in a civil case 2. That the testimony must relate to the issues presented in said case 3. That the testimony must be false

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Punishable Acts: 1) Combination or conspiracy to prevent free competition in the market 2) Monopoly to restrain free competition in the market 3) Making transactions prejudicial to lawful commerce or to increase the market price of merchandise If the offense affects any food substance or other particles of prime necessity, it is sufficient that initial steps are taken

physiological effects hallucinogenic drug

of

narcotic

or

2. REGULATED DRUG: Includes self-inducing sedatives or a derivative of a salt barbituric acid; amphetamine, hypnotic drugs, or other drug with same effect Punishable Acts: (PROHIBITED DRUGS) a) Importation b) Sale, Administration, Delivery, Distribution, Transportation c) Maintenance of a Den, Dive, Resort for users d) Employment and Visit to such Den e) Manufacture f) Possession and Use g) Cultivation of Plants which are sources of prohibited drugs h) Failure to Comply with Record Requirements of the Law i) Unlawful Prescription j) Unnecessary Prescription k) Possession of Opium pipes, other paraphernalia With respect to par. B & C, the maximum penalty shall be imposed if the victim is a minor or the prohibited drug is the proximate cause of death With respect to par G, the maximum penalty shall be imposed if the land used is public domain; if private, the land shall be escheated to the state unless the owner proves that he had no knowledge of such cultivation despite the exercise of due diligence Paragraph H applies only to pharmacists, physicians, veterinarians or dentists dispensing such drugs; additional penalty of revocation of license

ART. 187- IMPORTATION & DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS ELEMENTS: 1. That the offender imports, sells or disposes of any of those articles or merchandise 2. That the stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloy 3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quality of said metals or alloy NOTE: Articles 188 and 189 have been repealed by RA 8293 Sec. 69, The Intellectual Property Code, effective January 1, 1998. REPUBLIC ACT 455 ON SMUGGLING OR ILLEGAL IMPORTATION PUNISHABLE ACTS: 1) That the merchandise must have been fraudulently or knowingly imported contrary to law 2) That the defendant, if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment or sale of the merchandise and that he must be shown to have knowledge that the merchandise had been illegally imported CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS Dangerous Drugs Act RA 6425 Dangerous Drugs are either: 1. PROHIBITED DRUGS: Includes Opium, cocaine and its active component and derivatives and other substances producing similar effects; Indian Hemp and all its derivatives; all other preparations made from the foregoing whether natural or synthetic with the 41

Punishable Acts: (REGULATED DRUGS) a) Importation b) Sale, Administration, Delivery, Distribution, Transportation c) Maintenance of a Den, Dive, Resort for users d) Manufacture e) Possession or Use f) Failure to comply with Record Requirements g) Unlawful Prescription h) Unnecessary Prescription Same rules apply with respect to par B, C & F EVERY PENALTY IMPOSED SHALL CARRY WITH IT THE CONFISCATION AND FORFEITURE OF ALL THE PROCEEDS OF THE CRIME, INCLUDING

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

BUT NOT LIMITED TO, MONEY AND OTHER ASSETS OBTAINED AND THE INSTRUMENTS OR TOOLS WITH WHICH IT WAS COMMITTED, UNLESS THEY ARE PROPERTY OF A 3RD PERSON NOT LIABLE FOR THE OFFENSE, BUT THOSE WHICH ARE NOT OF LAWFUL COMMERCE SHALL BE DESTROYED W/O DELAY. Any apprehending officer who misappropriates or fails to account shall after conviction be punished by reclusion perpetua to death and a fine ranging P500,000.00 to P10,000,000.00. Plea-bargaining shall not be allowed where the imposable penalty is reclusion perpetua to death. If the offender is an Alien he shall be deported immediately w/o further proceedings after service of sentence. (Sec. 22) If committed by a juridical person the partner, director, president or manager who consents or knowingly tolerates such violation shall be held liable as a coprincipal. (Sec. 22) If a Government. official is found guilty of planting any dangerous drugs in the person or in the immediate vicinity of another as evidence to implicate the latter, he shall suffer the same penalty as therein provided. Acquittal in a case of importation does not bar prosecution for illegal possession of opium because they are 2 distinct crimes. Illegal possession of pipe is included in illegal possession of opium if the opium and the pipe were found in the same place and at the same time and by the same person. Reason: there is a single criminal act impelled by a single criminal intent.

ART. 200- GRAVE SCANDAL ELEMENTS: 1. That the offender performs an act or acts 2. That such act or acts be highly scandalous as offending against decency and good customs 3. That the highly scandalous conduct is not expressly falling within any other article of this Code 4. That the act or acts complained of be committed in a public place or within the public knowledge or view. ART. 201- IMMORAL DOCTRINES, OBSCENE PUBLICATIONS & EXHIBITIONS & INDECENT SHOWS (AS AMENDED BY PD 969) PERSONS LIABLE: 1) Those who shall publicly expound or proclaim doctrines openly and contrary to public morals 2) The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners, operators of the establishment selling the same 3) Those who, in theatres, fairs, cinematographs or any other place, exhibit indecent or immoral shows which are proscribed or are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts 4) Those who shall give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals ART. 202- VAGRANTS & PROSTITUTES PERSONS LIABLE: 1) Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself to some lawful calling

2) Any person found loitering about public or


semipublic buildings or places, or tramping or wandering about the country or the streets without visible means of support

CRIMES AGAINST PUBLIC MORALS (ARTS. 195-202) ARTS. 195-199, PROVISIONS OF PD. 483 & 449 ARE REPEALED WHICH ARE INCONSISTENT WITH PD 1602 OR PRESIDENTIAL DECREE PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS ( ARTS. 200-202) 42

3) Any idle or dissolute person who lodges in


houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes

4) Any person who, not being included in the


provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

PROSTITUTES - women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct ART. 203 WHO ARE PUBLIC OFFICERS REQUISITES: 1. Taking part in the performance of public functions in the Government or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official of any rank or class 2. That his authority must be a. By direct provision of law b. By popular election c. By appointment by competent authority CRIMES OF MALFEASANCE & MISFEASANCE IN OFFICE (ARTS. 204-211) MISFEASANCE- improper performance of some act which might lawfully be done MALFEASANCE- the performance of some act which ought not to be done NONFEASANCE- omission of some act which ought to be performed ART. 204- KNOWINGLY RENDERING UNJUST JUDGEMENT ELEMENTS: 1. That the offender is a judge 2. That he renders a judgement in a case submitted to him for decision 3. That the judgment is unjust 4. That the judge knows that his judgement is unjust. ART. 205- JUDGEMENT THROUGH NEGLIGENCE ELEMENTS: 1. That the offender is a judge 2. That he renders a judgement in a case submitted to him for decision 3. That the judgment is manifestly unjust 4. That it is due to his inexcusable negligence or ignorance ART. 206- UNJUST INTERLOCUTORY ORDER ELEMENTS: 1. That the offender is a judge 2. That he performs any of the ff. acts: a. Knowingly renders unjust interlocutory order or decree. b. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance 43

ART. 207- MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE ELEMENTS: 1. That the offender is a judge 2. That there is a proceeding in his court 3. That he delays the administration of justice 4. That it is caused by the judge with deliberate intent to inflict damage on either party in the case ART. 208- PROSECUTION OF OFFENSES; NEGLIGENCE & TOLERANCE Punishable Acts: 1) Maliciously refraining from instituting prosecution against violators of the law 2) Maliciously tolerating the commission of offenses REQUISITES: 1. That the offender is a public officer who has a duty to cause the prosecution of, or to prosecute offenses 2. That knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed he tolerates its commission 3. That the offender acts with malice and deliberate intent to favor the violator of the law ART. 209- BETRAYAL OF TRUST BY AN ATTY. OR SOLICITOR Punishable Acts: 1) Causing damage to his client, either: (a) by any malicious breach of professional duty; or (b) inexcusable negligence or ignorance 2) Revealing any of the secrets of his client learned by him in his professional capacity damage is not necessary 3) Undertaking the defense of the opposing party in the same case without the consent of his first client. ART. 210- DIRECT BRIBERY Punishable Acts: 1) Agreeing to perform, or by performing, in consideration of any offer, promise, gift or present --- an act constituting a crime, in connection with the performance of his official duties

2) Accepting a gift in consideration of the


execution of an act which does not constitute a crime, in connection with the performance of his official duty

3) Agreeing to refrain, or by refraining, from


CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

doing something which it is his official duty to do, in consideration of a gift or promise QUALIFIED BRIBERY - committed by public officers entrusted with the enforcement of law and whose duty is to arrest and prosecute those who violate them where the penalty for the same is reclusion perpetua or higher. ART. 211- INDIRECT BRIBERY ELEMENTS: 1. That the offender is a public officer 2. That he accepts gifts 3. That said gifts are offered to him by reason of his office ART. 212- CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: 1. That the offender makes offers or promises or gives gifts or presents to a public officer 2. That the offers or promises are made or the gifts or present given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery ANTI-GRAFT & CORRUPT PRACTICES ACT (R.A. 3019) (RA 3019 as amended by RA 3047, PD 77 and BP 195) Section 2. Definition of Terms. Government the natl Government, the local Government, the GOCCs, & all other instrumentalities or agencies of the government PUBLIC OFFICER elective & appointive officials & employees, permanent or temporary, whether in the classified or unclassified or exempt services receiving compensation, even nominal, from the Government. Section 3. Corrupt Practices of Public Officials. A. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. B. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection w/ any other contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under 44

the law.

C. Directly or indirectly requesting or receiving


any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, w/out prejudice to Section 13 of this Act. D. Accepting or having any member of his family accept employment in a private enterprise w/c has pending official business w/ him during the pendency thereof or w/in one year after his termination. E. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or Government corps. charged w/ the grant of licenses or permits or other concessions. F. Neglecting or refusing, after due demand or request, w/out sufficient justification, to act w/in a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. G. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. H. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in w/c he is prohibited by the Constitution or by law from having any interest. I. Directly or indirectly becoming interested, for personal gain, or having material interest in any transaction or act requiring the approval of a board, panel or group of w/c he is a member, & w/c exercises discretion in such approval, even if he votes against the same

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transactions or acts by the board, panel or group to w/c they belong. J. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not qualified or entitled. K. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized date. Section 4. Prohibition on private individuals. A. Taking advantage of family or close personal relation with public official is punished.

Section 6. Prohibition on Members of Congress Members of Congress during their term are prohibited to acquire or receive any personal pecuniary interest in any specific business enterprise w/c will be directly & particularly favored or benefited by any law or resolution authored by them. The prohibition shall also apply to any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, & acquires or receives any such interest during his incumbency.

The member of Congress or other public


officer, who, having such interest prior to the approval of a law or resolution authored or recommended by him, continues for thirty days after such approval to retain his interest, also violates this section. Section 7. Statement of assets and liabilities.

Every public officer shall prepare & file a


true & detailed sworn statement of assets & liabilities, including a statement of the amount & sources of his income, the amount of his personal & family expenses & the amount of income taxes paid for the next preceding calendar year. Section 8. Prima facie evidence of and dismissal due to unexplained wealth. A public official who has been found to have acquired during his incumbency, whether in his name or the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his lawful income (RA #1379) GROUND FOR FORFEITURE OF UNEXPLAINED WEALTH

B. Knowingly inducing or causing any public


official to commit any of the offenses defined in Section 3. Section 5. Prohibition on certain relatives. The spouse or any relative, by consanguinity, w/in the 3rd civil degree, of the President, the Vice-President, Senate President, or the Speaker of the House of Representatives is prohibited to intervene directly or indirectly, in any business, transaction, contract or application with the Government. EXCEPTIONS TO THE PROVISIONS: 1. Any person who, prior to the assumption of office of any of those officials to whom he is related, has been already dealing with the Government along the same line of business, or to any transaction, contract or application already existing or pending at the time of such assumption of public office; 2. Any application filed by him, the approval of w/c is not discretionary on the part of the official/s concerned but depends upon compliance with the requisites provided by law, or rules or regulations issued pursuant to the law. 3. Any act lawfully performed in an official capacity or in the exercise of a profession. 45

Section 11. Prescription of offenses. 15 YEARS prescriptive period of all offenses under the Act. Section 12. Termination of office. NO PUBLIC OFFICER IS ALLOWED TO RESIGN OR RETIRE: 1. Pending investigation, criminal or administrative or 2. Pending a prosecution against him, or 3. For any offense under the Act or under the provisions of the RPC on bribery. Section 14. Exception.

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Unsolicited gifts or presents of small insignificant value offered or given as mere ordinary token of gratitude friendship according to local custom usage.

or a of or

Mitigating and extenuating circumstances shall be considered by the courts in the imposition of penalty. Section 4. Rule of Evidence. It is not necessary to prove each and every criminal act done. A pattern of overt or criminal acts indicative of the over-all unlawful scheme or conspiracy shall be sufficient. Section 5. Benefits. Suspension and Loss of

ANTI-PLUNDER ACT RA 7080 Means or schemes to acquire ill-gotten wealth: 1. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury 2. By receiving, directly or indirectly, any commission, gift, share, percentage or any other form of pecuniary benefit from any person and/or entity in connection with any government contract/project or by reason of his office/position 3. By the illegal or fraudulent conveyance or disposition of assets belonging to the Government 4. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity, or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking 5. By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementing decrees and orders intended to benefit particular persons or special interests 6. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves Note: These SHOULD be committed by a combination or through a series of acts. There should be at least two acts otherwise the accused should be charged with the particular crime committed and not with plunder. A combination means at least two acts of a different category while a series means at least two acts of the same category (Estrada vs Sandiganbayan November 21, 2001) Section 2. Definition of the Crime of Plunder; Penalties. Plunder - a crime committed by any public officer, by himself, or in connivance with his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, by amassing, accumulating or acquiring ill-gotten wealth in the aggregate amount or total value of at least 50 million pesos Penalty - Reclusion Perpetua to Death

Section 6. Prescription of Crimes 20 years prescription ART. 213- FRAUDS AGAINST THE PUBLIC TREASURY & SIMILAR OFFENSES ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY (PAR.1): 1. That the offender be a public officer 2. That he intervened in the transaction in his official capacity 3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (1) furnishing supplies (2) the making of contracts, or (3) the adjustment or settlement of accounts relating to public property of funds 4. That the accused had intent to defraud the Government. ELEMENTS OF ILLEGAL EXACTIONS (PAR.2): 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees, & other imposts 2. He commits any of the ff. acts: a. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law Officers or employees of the Bureau of Internal Revenue or Bureau of Customs are not covered by this article. The National Internal Revenue Code or the Administrative Code applies. 46 ART. 214- OTHER FRAUDS

The offender is a public officer who takes

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

advantage of his official position. ART. 215- PROHIBITED TRANSACTIONS ELEMENTS: 1. That the offender is an appointive public officer 2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation 3. That the transaction takes place within the territory subject to his jurisdiction 4. That he becomes interested in the transaction during his incumbency ART. 216- POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER PERSONS LIABLE: 1) Public officer who, directly or indirectly, became interested in any contract or business which it was his official duty to intervene 2) Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted 3) Guardians and executors with respect to the property belonging to their wards or the estate CRIMES CALLED MALVERSATION OF PUBLIC FUNDS OR PROPERTY (ARTS. 217-221) ART. 217- MALVERSATION OF PUBLIC FUNDS OR PROPERTY Punishable Acts: 1) Appropriating public funds or property 2) Taking or misappropriating the same 3) Consenting or through abandonment or negligence, by permitting any other person to take such public funds or property COMMON ELEMENTS: 1. That the offender is a public officer who has: a. Official custody of public funds or property or the duty to collect or receive funds due to the Government b. The obligation to account for them to the Government 2. That he had the custody or control of funds or property by reason of the duties of his office 3. That those funds or property were public funds or property for which he was accountable 4. That he appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them MALVERSATION MAY BE COMMITTED BY 47

PRIVATE INDIVIDUALS IN THE FOLLOWING CASES: 1) Those in conspiracy with public officers guilty of malversation; 2) Those who are accessory or accomplice to a public officer; 3) Custodian of public funds or property in whatever capacity; 4) Depositary or administrator of public funds or property. PRESUMPTION When demand is made to the accountable officer to account for the funds and property and the same is not forthcoming, the presumption is that he misappropriated the funds. Malversation is principally distinguished from estafa by: a. The public or private character of the accused b. The nature of the funds c. The fact that conversion is not required in malversation d. The rule that there is no need of prior demand in malversation e. The absence of a requirement of damage in malversation

ART. 218- FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS ELEMENTS: 1. That the offender is a public officer, whether in the service or separated therefrom 2. That he must be an accountable officer for public funds or property 3. That he is required by the law or regulation to render accounts to the Comm. on Audit, or to the provincial auditor 4. That he fails to do so for a period of 2 mos. after such accounts should be rendered Misappropriation is not necessary.

ART. 219- FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACOUNTS BEFORE LEAVING THE COUNTRY ELEMENTS: 1. That the offender is a public officer 2. That he must be an accountable officer for public funds or property 3. That he unlawfully left (or be on the point of leaving) the Phils. without securing from the Comm. on Audit a certificate showing that his accounts have been finally settled ART. 220- ILLEGAL USE OF

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

PUBLIC FUNDS OR PROPERTY This crime is known as technical malversation because the fund or property is already earmarked or appropriated for a certain public purpose. ELEMENTS: 1. That the offender is a public officer 2. That there are public funds or property under his administration 3. That such public fund or property has been appropriated by law or ordinance 4. That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance. MALVERSATION the public fund is to be applied to the personal use & benefit of the offender or of another person ILLEGAL USE the public fund or property is applied to another public use

ART. 224- EVASION THROUGH NEGLIGENCE ELEMENTS: 1. That the offender is a public officer 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgement 3. That such prisoner escapes through his negligence ART. 225-ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER ELEMENTS: 1. That the offender is a private person 2. That the conveyance or custody of a prisoner or person under arrest is confided to him 3. That the prisoner or person under arrest escapes 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence ART. 226- REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS ELEMENTS: 1. That the offender is a public officer 2. That he removes, destroys, conceals documents or papers 3. That the said documents/ papers must be entrusted to such public officer by reason of his office 4. That damage, whether serious or not, to a third party or to the public interest should have been caused. ART. 227- OFFICER BREAKING THE SEAL ELEMENTS: 1. That the offender is a public officer 2. That he is charged with the custody of papers or property 3. That these papers or property are sealed by proper authority 4. That he breaks the seal or permits them to be broken

ART. 221-FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY Punishable Acts: 1) Failing to make payment by a public officer who is under obligation to make such payment from the Government funds in his possession 2) Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration (refusal must be malicious) ART. 222-OFFICERS INCLUDED IN THE PROVISIONS Private Individuals who may be liable under Art. 217-221: 1. Private individuals who, in any capacity whatsoever, have charge of any national, provincial or municipal funds, revenue or property 2. Administrator, depository of funds or property, attached, seized, or deposited by public authority even if such property belongs to a private individual ART. 223- CONNIVING WITH OR CONSENTING TO EVASION ELEMENTS: 1. That the offender is a public officer 2. That he had in his custody or charge a prisoner, either detention prisoner, or prisoner by final judgement 3. That such prisoner escaped from his custody 4. That he was in connivance with the prisoner in the latters escape 48

ART. 228- OPENING OF CLOSED DOCUMENTS ELEMENTS: 1. That the offender is a public officer 2. That closed papers, documents, or objects

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

are entrusted to his custody 3. That he opens or permits to be opened said closed papers, documents or objects 4. That he does not have the proper authority ART. 229- REVELATION OF SECRETS BY AN OFFICER Punishable Acts: 1) Revealing secrets known to the offending public officer by reason of his official capacity 2) Delivering wrongfully papers or copies of papers of which he may have charge and which should not be published ART. 230- PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL ELEMENTS: 1. That the offender is a public officer 2. That he knows of the secrets of a private individual by reason of his office 3. That he reveals such secrets without authority or justifiable reason ART. 231- OPEN DISOBEDIENCE ELEMENTS: 1. That the offender is a judicial or executive officer 2. That there is a judgement, decision, or order of a superior authority 3. That such judgment, decision, or order was made by a superior authority and issued with all the legal formalities 4. That the offender without any legal justification openly refuses to execute the said judgement, decision or order, which he is duty bound to obey ART. 232-DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER ELEMENTS: 1. That the offender is a public officer 2. That an order is issued by his superior for execution 3. That he has for any reason suspended the execution of such order 4. That his superior disapproves the suspension of the execution of the order 5. That the offender disobeys his superior despite the disapproval of the suspension ART. 233-REFUSAL OF ASSISTANCE ELEMENTS: 1. That the offender is a public officer 2. That a competent authority demands from the offender that he lend his cooperation

towards the administration of justice or other public service 3. That the offender fails to do so maliciously ART. 234-REFUSAL TO DISCHARGE ELECTIVE OFFICE ELEMENTS: 1. That the offender is elected by popular election to a public office 2. That he refuses to be sworn in or to discharge the duties of said office 3. That there is no valid justification for such refusal. ART. 235-MALTREATMENT OF PRISONERS ELEMENTS: 1. That the offender is a public officer or employee 2. That he has under his charge a prisoner or detention prisoner 3. That he maltreats such prisoner: a. By overdoing himself in the correction and handling i. By the imposition of punishments not authorized by the regulations ii. By inflicting such punishments (those authorized) in a cruel and humiliating manner b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner ART. 236-ANTICIPATION OF DUTIES OF PUBLIC OFFICE ELEMENTS: 1. That the offender is entitled to hold a public office or employment, either by election or appointment 2. That the law requires that he should first be sworn in and/ or should first give a bond 3. That he assumes the performance of the duties and powers of such office 4. That he has not taken his oath of office and/or given the bond required by law ART. 237-PROLONGING PERFORMANCE OF DUTIES AND POWERS ELEMENTS: 1. That the offender is holding a public office 2. That the period provided by law, regulations, or special provisions for holding such office, has already expired 3. That he continues to exercise the duties and powers of such office ART. 238-ABANDONMENT OF OFFICE OR POSITION ELEMENTS: 49

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

1. That the offender is a public officer 2. That he formally resigns from his position 3. That his resignation has not yet been accepted 4. That he abandons his office to the detriment of the public service ART. 239-USURPATION OF LEGISLATIVE POWERS ELEMENTS: 1. That the offender is an executive or judicial officer 2. That he (a) makes general rules/regulations beyond the scope of his authority; (b) attempts to repeal a law (c) suspends the execution thereof ART. 240-USURPATION OF EXECUTIVE FUNCTIONS ELEMENTS: 1. That the offender is a judge 2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs executive authorities in the lawful exercise of their powers ART. 241- USURPATION OF JUDICIAL FUNCTIONS ELEMENTS 1. That the offender is an officer of the executive branch of the Government. 2. That he (a) assumes judicial powers, or (b) obstructs the execution of an order or decision rendered by any judge within his jurisdiction ART. 242-DISOBEYING REQUEST FOR DISQUALIFICATION ELEMENTS: 1. That the offender is a public officer 2. That a proceeding is pending before such public officer 3. That there is a question before the proper authority regarding his jurisdiction which is not yet decided 4. That he has been lawfully required to refrain from continuing the proceeding 5. That he continues the proceeding. ART. 243-ORDERS OR REQUESTS BY EXEC. OFFICERS TO ANY JUDICIAL AUTHORITY ELEMENTS: 1. That the offender is a public officer 2. That he addresses any order or suggestion to any judicial authority 3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice

ART. 244-UNLAWFUL APPOINTMENTS ELEMENTS: 1. That the offender is a public officer 2. That he nominates or appoints a person to a public office 3. That such person lacks the legal qualification 4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment ART. 245-ABUSES AGAINST CHASTITY ELEMENTS: 1. Offender is a public officer 2. He solicits or makes immoral or indecent advances to a woman 3. Such woman must be: a) interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b) under the custody of such offender who is a warden or other public officer c) wife, daughter, sister or relative within the same degree by affinity of the person under the custody of the offender CRIMES AGAINST PERSONS (ARTS. 246-266) ART. 246-PARRICIDE ELEMENTS: 1. That a person is killed 2. That the deceased is killed by the accused 3. That the deceased is the father, mother, or child (not less than 3 days old), whether legitimate or illegitimate, or a legitimate other ascendant or legitimate other descendant, or the legitimate spouse, of the accused Cases of parricide when the penalty shall not be reclusion perpetua to death: 1) parricide through negligence (art 365) 2) parricide by mistake (art 249) 3) parricide under exceptional circumstances (art 247)

ART. 247-DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES ELEMENTS: 1. That a legally married person or parent surprises his spouse or his daughter, the latter under 18 yrs of age and living with him, in the act of committing sexual intercourse with another person 50

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

2. That he/ she kills any or both of them or inflicts upon any or both of them any serous physical injury in the act or immediately thereafter 3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse The discovery, the escape, the pursuit and the killing must all form part of one continuous act Applicable only when the daughter is single

FRUSTRATED PARRICIDE, MURDER, HOMICIDE ART. 251- DEATH CAUSED IN A TUMULTUOUS AFFRAY ELEMENTS: 1. That there be at least 4 persons 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally 3. That several persons quarreled and assaulted one another in a confused and tumultuous affray 4. That someone was killed in the course of the affray 5. That it cannot be ascertained who actually killed the deceased 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified ART. 252-PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY ELEMENTS: 1. That there is a tumultuous affray as referred to in the preceding article 2. That a participant or some participants thereof suffered serious physical injuries or physical injuries of a less serious nature 3. That the person responsible cannot be identified 4. That all those who appear to have used violence upon the person of the offended party are known Injured party must be a participant in the affray

ART. 248-MURDER Unlawful killing of any person which is not parricide or infanticide, provided that any of the ff. circumstances is present: 1) With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity 2) In consideration of a price, reward, or a promise 3) By means of inundation, fire, poison, explosion, shipwreck, stranding a vessel, derailment of or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any means involving great waste and ruin 4) On occasion of any of the calamities enumerated in the preceding par., or an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity 5) With evident premeditation 6) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse ART. 249-HOMICIDE

ART. 253-GIVING ASSISTANCE TO SUICIDE Punishable Acts: 1) Assisting another to commit suicide, whether the suicide is consummated or not 2) Lending his assistance to another to commit suicide to the extent of doing the killing himself EUTHANASIA Mercy Killing Practice of painlessly putting to death a person suffering from some incurable disease. Not considered as included in Art 253 because the person killed does not want to die. A doctor who resorts to euthanasia may be liable for murder. ART. 254-DISCHARGE OF FIREARM ELEMENTS: 1. That the offender discharges a firearm against or at another person 2. That the offender has no intention to kill that person 51

This is the unlawful killing of any person, which is neither parricide, murder nor infanticide Intent to kill is conclusively presumed when death results; evidence of intent to kill is important only in attempted or frustrated homicide.

ACCIDENTAL HOMICIDE - is the death of a


person brought about by a lawful act performed with proper care and skill and without homicidal intent ART. 250-PENALTY FOR

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

ART. 255-INFANTICIDE ART. 260-RESPONSIBILITY OF PARTICIPANTS IN A DUEL DUEL: Formal or regular combat previously concerted between parties in the presence of two or more seconds of lawful age on each side, who make selection of arms and fix all other conditions of the fight. PERSONS LIABLE: 1) The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principals 2) The seconds, as accomplices ART. 261-CHALLENGING TO A DUEL PUNISHABLE ACTS: 1) Challenging another to a duel 2) Inciting another to give or accept a challenge to a duel 3) Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel PERSONS LIABLE: 1) Challenger 2) Instigators PHYSICAL INJURIES ART. 262-MUTILATION

This is the killing of any child less than 3 days (72 hours) of age the mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing the dishonor

Only

ART. 256-INTENTIONAL ABORTION WAYS TO COMMIT: 1) By using violence upon the person of the pregnant woman 2) By acting, without using violence and without the consent of the woman (by administering drugs/beverages upon a pregnant without her consent) 3) By acting, with the consent of the pregnant woman (by administering drugs/beverages) ART. 257-UNINTENTIONAL ABORTION REQUISITES: 1. Violence is used upon such pregnant woman without intending an abortion 2. Violence is intentionally exerted ART. 258-ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS The intentional abortion is caused by --1) The pregnant woman herself 2) Any other person, with her consent 3) Any of her parents, with her consent for the purpose of concealing her dishonor Liability of pregnant woman is mitigated if the purpose is to conceal dishonor No mitigation on the parents of the woman unlike in infanticide ART. 259-ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES REQUISITES: 1. The offender be a physician or midwife, 2. That such person causes or assists in causing the abortion 3. Said physician or midwife takes advantage of his scientific knowledge or skill. AS TO PHARMACISTS, There is no proper prescription from a physician and the offender dispenses any abortive substance. 52

Offender must have the intention to deprive the offended party of a part of his body. ART. 263-SERIOUS PHYSICAL INJURIES

SERIOUS PHYSICAL INJURIES: 1) When the injured person becomes insane, impotent, imbecile, or blind in consequence of the physical injuries inflicted 2) When the injured person loses the use of speech, or the power to hear or to smell, loses an eye, a hand, a foot, an arm, or a leg, or loses the use of any of such member, or becomes incapacitated for the work in which he was habitually engaged in consequence of the physical injuries 3) When the person injured, becomes deformed, or loses any other member of his body, or becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted 4) When the injured person becomes ill or incapacitated for labor for more than 30 days but not more than 90 days as a result of the physical injuries inflicted

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Medical attendance not necessary

DEFORMITY requisites: 1) Physical ugliness 2) Permanent and definite abnormality 3) Conspicuous and visible 4) There must be no intent to kill, otherwise, the crime would be frustrated or attempted murder, parricide, homicide as the case may be QUALIFYING CIRCUMSTANCES: 1) Offense committed against persons enumerated in the crime of parricide 2) With the attendance of circumstance which qualify the crime to murder

2) Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance 3) Ill-treatment of another by deed without causing any injury ART. 266-A - THE NEW ANTIRAPE LAW (RA8353) Classification of Rape 1) Traditional - under Art 335 2) Sexual Assault - RA 8353 REPUBLIC ACT 8353 How rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the ff. circumstances: a) Through force, threat or intimidation b) When the offended party is deprived of reason or otherwise unconscious c) By means of fraudulent machination or grave abuse of authority d) When the offended party is under 12 years of age or is demented even though none of the circumstances mentioned above be present 5) By any person (male or female) who, under any of the circumstances mentioned in par. 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth, or anal orifice or any instrument or object, into the genital or anal orifice of another person AGGRAVATING/QUALIFYING CIRCUMSTANCES : punishable by death 1) When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim 2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution 3) When the rape is committed in full view of the spouse, parent, or any of the children or other relatives within the third civil degree of consanguinity 4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime 5) When the victim is a child below 7 years old 6) When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible disease and the virus or disease is 53

The

qualified penalties are not applicable to parents who inflict serious physical injuries upon their children by excessive chastisement ART. 264- ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES ELEMENTS: 1. That the offender inflicted upon another any serious physical injuries 2. That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity 3. That he had no intention to kill (otherwise frustrated murder) ART. 265-LESS SERIOUS PHYSICAL INJURIES ELEMENTS: 1. The offended party is incapacitated for labor for 10 days or more but not more than 30, or needs attendance for the same period 2. The physical injuries must not be those described in the preceding articles QUALIFIED LESS SERIOUS PHYSICAL INJURIES 1) There is manifest intent to insult or offend the injured person 2) There are circumstances adding ignominy 3) When the victim is either the offenders parents, ascendants, guardians, curators or teachers; Persons of rank or persons in authority, provided the crime is not direct assault ART. 266-SLIGHT PHYSICAL INJURIES

KINDS: 1) Physical injuries which incapacitated the offended party from one to nine days, or required medical attendance during the same period

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

transmitted to the victim 7) When committed by any member of the AFP or para-military units thereof of the PNP or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime 8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability 9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime 10) When the offender knew of the mental disability, emotional disorder and/ or physical disability of the offended party at the time of the commission of the crime Death shall also be imposed when homicide is committed

consequence

COMPLEX CRIME OF KIDNAPPING WITH


MURDER when victim is killed because of his refusal to pay the ransom; kidnapping being necessary to commit the murder; but where he was taken for the purpose of killing him and not for detaining him, crime committed is MURDER ILLEGAL DETENTION Committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty Crime is against personal liberty and security ARBITRARY DETENTION Committed by a public officer or employee who detains a person without legal ground Crime against the fundamental law of the State

EFFECT OF PARDON: 1) The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability (only as to the husband) 2) The subsequent forgiveness of the wife to the legal husband CRIMES AGAINST LIBERTY (ARTS. 267-274) ART. 267-KIDNAPPING AND SERIOUS ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual 2. That he kidnaps or detains another, or in any manner deprives the latter of his liberty 3. That the act of detention or kidnapping must be illegal 4. That in the commission of the offense, any of the ff. circumstances is present: a) That the kidnapping or detention lasts for more than 3 days b) That it is committed simulating public authority c) That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made d) That the person kidnapped or detained is a minor, except when the accused is any of the parents, a female or a public officer QUALIFYING CIRCUMSTANCES: DEATH PENALTY 1) Purpose is to extort ransom 2) If victim is killed, raped or tortured as a 54

ART. 268- SLIGHT ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual 2. That he kidnaps or detains another, or in any manner deprives him of his liberty 3. That the act of kidnapping or detention is illegal 4. That the crime is committed without the attendance of any of the circumstances enumerated in 267 LIABILITY MITIGATED WHEN: 1) Offender voluntarily releases the person so kidnapped or detained within three days from the commencement of the detention, 2) without having attained the purpose intended, and 3) before the institution of criminal proceedings against him ART. 269-UNLAWFUL ARREST ELEMENTS: 1. That the offender arrests or detains another person 2. That the purpose of the offender is to deliver him to the proper authorities 3. That the arrest or detention is not authorized by law ART.125 Detention is for some legal ground Crime is committed by failing to deliver such person to the proper judicial authority within a ART.269 Detention is not authorized by law Committed by making an arrest not authorized by law

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

certain period of time

ART. 270- KIDNAPPING AND FAILURE TO RETURN A MINOR ELEMENTS: 1. That the offender is entrusted with the custody of a minor person (over or under 7 but less than 21) 2. That he deliberately fails to restore the said minor to his parents or guardian When committed by either parent, penalty is only arresto mayor. ART. 271- INDUCING A MINOR TO ABANDON HIS HOME Inducement must be (1) actual, and (2) committed with criminal intent Father or mother may commit crimes under Arts. 270 & 271 where they are living separately and the custody of the minor child has been given to one of them

VICTIM PUNISHABLE ACTS: 1) Failing to render assistance to any person whom the offender finds in an uninhabited place, wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense 2) Failing to help/ render assistance to another whom the offender has accidentally wounded or injured 3) Failing to deliver a child, under seven yrs. whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place ART. 276-ABANDONING A MINOR ELEMENTS: 1. That the offender has the custody of a child 2. That the child is under seven yrs. 3. That he abandons such child 4. That he has no intent to kill the child when the latter is abandoned ART. 277-ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS ELEMENTS OF ABANDONMENT OF MINOR: 1. That the offender has charge of the rearing or education of a minor 2. That he delivers said minor to a public institution or other persons 3. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it ELEMENTS OF INDIFFERENCE OF PARENTS: 1. That the offender is a parent 2. That he neglects his children by not giving them education 3. That his station in life requires such education and his financial condition permits it 4. Failure to give education must be due to deliberate desire to evade such obligation ART. 278-EXPLOITATION OF MINORS Prohibited Acts: 1) Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength, or contortion, the offender being any person 2) Employing children under 16 who are not 55

ART. 272-SLAVERY ELEMENTS: 1. That the offender purchases, sells, kidnaps, or detains a human being 2. That the purpose of the offender is to enslave such human being ART. 273-EXPLOITATION OF CHILD LABOR ELEMENTS: 1. The offender retains a minor in his service 2. That it is against the will of the minor 3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor ART. 274- SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT ELEMENTS: 1. That the offender compels a debtor to work for him, either as household servant or farm laborer 2. That it is against the debtors will 3. That the purpose is to require or enforce the payment of a debt CRIMES AGAINST SECURITY (ARTS. 275-292) ART. 275-ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild animal tamer, the offender being an acrobat, etc, or circus mgr. or engaged in a similar calling 3) Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding par., the offender being engaged in any of the said callings 4) Delivering a child under 16 gratuitously to any person ff. any callings enumerated, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any capacity with the care of such child 5) Inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any callings mentioned or to accompany any habitual vagrant or beggar, the offender being any person Note: RA 7610 punishes abuse, exploitation and discrimination of minors ART. 280-QUALIFIED TRESPASS TO DWELLING ELEMENTS: 1. That the offender is a private person 2. That he enters the dwelling of another 3. That such entrance is against the latters will Qualified if committed by means of violence/intimidation ART. 281-OTHER FORMS OF TRESPASS ART. 281 The offender is any person Offender enters closed premises or fenced estate Place entered is uninhabited It is the entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof Prohibition to enter must be manifest 56

ART. 282-GRAVE THREATS Prohibited Acts: Threatening another with the infliction upon his person, honor, or property or that of his family any wrong amounting to a crime: a) Demanding money or imposing a condition b) Without any such demand or condition Qualifying Circumstance: If threat was made in writing or through a middleman ART. 283- LIGHT THREATS ELEMENTS: 1. That the offender makes threat to commit a wrong 2. That the wrong does not constitute a crime 3. That there is a demand for money or that other condition is imposed, even though not unlawful Blackmailing may be punished under Art. 283 ART. 284- BOND FOR GOOD BEHAVIOR

ART.280 Offender is a private person Offender enters a dwelling house

ART. 285-OTHER LIGHT THREATS Prohibited Acts: 1) Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense 2) Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat 3) Orally threatening to do another any harm not constituting a felony ART. 286-GRAVE COERCION ELEMENTS: 1. That a person prevented another from doing something not prohibited by law, or by compelling him to do something against his will, be it right or wrong 2. That the prevention or compulsion be effected by violence, either by material force or such display of force as would produce intimidation and control the will of the offended party 3. That the person that restrained the will and liberty of another had no authority ART. 287- LIGHT COERCION ELEMENTS: 1. That the offender must be a creditor 2. That he seizes anything belonging to his debtor

Place entered is inhabited Act constituting the crime is entering the dwelling against the will of the owner;

Prohibition to enter is express or implied

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation 4. That the purpose of the offender is to apply the same to the payment of the debt UNJUST VEXATION includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. ART. 288- OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE & PAYMENT OF WAGES BY MEANS OF TOKENS) Prohibited Acts: 1) Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him 2) Paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Phil., unless expressly requested by such laborer or employee ART. 289-FORMATION, MAINTENANCE, & PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS Pls see Labor Code Arts. 263, 264, 272 and 288 ART. 290- DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE ELEMENTS: 1. That the offender is a private individual or even a public officer not in the exercise of his official function 2. That he seizes the papers or letters of another 3. That the purpose is to discover the secrets of such other person 4. That offender is informed of the contents of the papers or letters seized ART. 291-REVEALING SECRETS WITH ABUSE OF OFFICE ELEMENTS: 1. That the offender is a manager, employee or servant 2. That he learns the secrets of his principal or master in such capacity 3. That he reveals such secrets 57

Damage not necessary ART. 292-REVELATION OF INDUSTRIAL SECRETS

ELEMENTS: 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment 2. That the manufacturing/industrial establishment has a secret of the industry which the offender has learned 3. That the offender reveals such secrets 4. That prejudice is caused to the owner CRIMES AGAINST PROPERTY (ARTS. 293-331) ART. 293-ROBBERY CLASSIFICATION OF ROBBERY 1. Robbery with violence against, or intimidation of persons (294,297,298) 2. Robbery by use of force upon things (299& 302) ELEMENTS OF ROBBERY IN GENERAL: 1. That there be personal property belonging to another; 2. That there is unlawful taking of that property 3. That the taking must be with intent to gain 4. That there is violence against or intimidation of any person/ or force used upon things Violence or intimidation must be present before the taking of personal property is complete

REPUBLIC ACT 6539 applies when the


property taken in robbery is a motor vehicle (CARNAPPING)

CLASS I
ART. 294- ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

This article punishes robbery with either


homicide, rape, mutilation, arson, serious physical injuries or with clearly unnecessary violence. These offenses are known as SPECIAL COMPLEX CRIMES. ROBBERY The victim is deprived of his money, property by force or intimidation BRIBERY He parts with his money in a sense voluntarily

ART. 295- ROBBERY WITH

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A BAND OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY Qualified Robbery with Force or Intimidation of Persons: Nos. 3,4,5 of Article 294: if committed1) In an uninhabited place; or 2) By a band; or 3) By attacking a moving train, street car, motor vehicle, or airship; or 4) By entering the passengers compartments in a train, or in any manner taking the passengers by surprise in the respective conveyances; or 5) On a street, road, highway, or alley, and the intimidation is made with the use of firearms, the offender shall be punished by the maximum periods of the proper penalties prescribed in 294. ART. 296- DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF OUTLINE 1) When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band. 2) When any of the arms used in the commission of robbery is not licensed, the penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law without prejudice to the criminal liability for illegal possession of such firearms. 3) Any member by a band who was present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same. ART. 297-ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCES

document 3. That the compulsion is by means of violence or intimidation

CLASS II
ROBBERY BY THE USE OF FORCE UPON THINGS ART. 299- ROBBERY IN AN INHABITED HOUSE/ PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP ELEMENTS: (Subdivision A) 1. The offender entered (a) an inhabited house (b) a public building or (c) an edifice devoted to religious worship 2. The entrance was effected by any of the following means: a) Through an opening not intended for entrance or egress; b) By breaking any wall, roof, floor, door or window; c) By using false keys, picklocks or similar tools; or d) By using any fictitious name or pretending the exercise of public authority The whole body of the culprit must be inside the building to constitute entering

ELEMENTS: (Subdivision B) 1. Offender is inside a dwelling house, public building or edifice devoted to religious worship, regardless of the circumstances under which he entered. 2. The offender takes personal property belonging to another with intent to gain under any of the following circumstances: a. by the breaking of doors, wardrobes, chests, or any other kind of sealed furniture or receptacle b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery

If the locked or sealed receptacle is not


forced open, crime is estafa or theft. ART. 300- ROBBERY IN AN UNINHABITED PLACE AND BY A BAND When committed in an uninhabited place AND by a band, as distinguished from Qualified Robbery with Violence or Intimidation of Persons (Art 295) which is committed in an uninhabited place OR by a band. ART. 302 - ROBBERY IN AN 58

SPECIAL

COMPLEX CRIME: When robbery is attempted or frustrated but homicide is attendant

ART. 298-EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION ELEMENTS: 1. That the offender has intent to defraud another 2. That the offender compels him to sign, execute, or deliver any public instrument or

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

UNINHABITED PLACE OR IN A PRIVATE BUILDING Same manner of commission as Article 299 ART. 304- POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ELEMENTS: 1. That the offender has in his possession picklocks or similar tools 2. That such picklocks or similar tools are specially adopted to the commission of robbery 3. That the offender does not have lawful cause for such possession ART. 305 FALSE KEYS INCLUSIONS: 1. Tools not mentioned in the next preceding article 2. Genuine keys stolen from the owner 3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender PRESIDENTIAL DECREE 532 modified Art 306 & 307 ART. 306 BRIGANDAGE ELEMENTS: 1. There be at least four armed persons. 2. They formed a band of robbers. 3. The purpose is any of the following: a) To commit robbery in a highway; or b) To kidnap persons for the purpose of extortion or to obtain ransom; or c) To attain by means of force or violence any other purpose Any person who aids or abets the commission of highway robbery or brigandage shall be considered accomplices. a) by giving information about the movement of police or other peace officers of the government b) acquires or receives property taken from such brigands c) in any manner derives any benefit therefrom d) directly/indirectly abets the commission of highway robbery BRIGANDAGE 1. Purpose: commit robbery in highway; or to kidnap person for ransom; or any other purpose attained by force and violence 2. Agreement is to commit several robberies 3. Mere formation is punished ROBBERY IN BAND 1. Purpose: commit robbery, not necessarily in highways 2. Agreement to commit a particular robbery 3. Actual commission of robbery necessary 59

ART. 308-WHO ARE LIABLE FOR THEFT ELEMENTS: 1. That there be taking of personal property 2. That said property belongs to another 3. That the taking be done with intent to gain 4. That the taking be done without the consent of the owner 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things What distinguishes THEFT from ROBBERY is that in theft the offender does not use violence or intimidation or does not enter a house or building through any of the means specified in Art. 299 or Art. 302 in taking personal property of another with intent to gain

ART. 310-QUALIFIED THEFT There is qualified theft in the ff. instances: 1) If theft is committed by a domestic servant 2) If committed with grave abuse of confidence 3) If the property stolen is a motor vehicle, mail matter, or large cattle 4) If the property stolen consists of coconuts taken from the premises of plantation 5) If the property stolen is fish taken from a fishpond or fishery 6) If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance PRESIDENTIAL DECREE 533 ANTICATTLE RUSTLING LAW OF 1974 CATTLE RUSTLING the taking away by any means, method or scheme, without the consent of the owner/raiser, of any of the animals (classified as large cattle) whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of the owner /raiser. Note: Cattle rustling is mala in se since PD 533 is an amendment to Arts. 308, 309 and 310 of the RPC (TAER vs. CA) ANTI-FENCING LAW (PD #1612) Section 2. Definition of Terms.

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Fencing - the act of any person who, w/ intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, or in any other manner deal any article, item, object or anything of value w/c he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value w/c has been the subject of robbery or thievery shall be prima facie evidence of fencing. Section 6. Clearance/Permit to Sell Used/ Second Hand Articles. All stores, establishments or entities dealing in the buy and sell of any good, article, item, object or anything of value shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. Any person who fails to secure the required clearance/permit shall also be punished as a fence.

or any other marks intended to designate the boundaries of the same 2. That the offender alters said boundary marks ART. 314- FRAUDULENT INSOLVENCY ELEMENTS: 1. That the offender is a debtor 2. That he absconds with his property 3. That there be prejudice to his creditors ART. 315-SWINDLING/ESTAFA ELEMENTS in general 1. That the accused defrauded another by abuse of confidence, or by means of deceit 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE ELEMENTS OF 315, NO.1 (A): 1. That the offender has an onerous obligation to deliver something of value 2. That he alters its substance, quantity or quality 3. That damage or prejudice is caused to another ELEMENTS OF 315, NO.1 (B) 1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt 3. That such misappropriation or conversion or denial is to the prejudice of another 4. That there is demand made by the offended party to the offender THEFT if he had acquired only the material or physical possession of the thing ESTAFA if in receiving the thing from the offended party, the offender acquired also the juridical possession of the thing and he later misappropriated it MALVERSATION Usually public funds or property Offender who is usually a public officer is accountable for public funds or property

CRIMES CALLED USURPATION (ARTS. 312 & 313) ART. 312- OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY ELEMENTS: 1. That the offender takes possession of any real property or usurps any real rights in property 2. That the real property or real rights belong to another 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real property or usurping real rights in property 4. That there is intent to gain THEFT/ROBBERY Personal property is taken ART.312 Real property or real right involved

ART.313 - ALTERING BOUNDARIES OR LANDMARKS ELEMENTS: 1. That there be boundaries marks or monuments of towns, provinces, or estates, 60

ESTAFA The funds or property are private Offender is a private individual or even a public officer who is not accountable for public funds or property

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

Crime is committed by misappropriating, converting or denying having received money, goods, or other personal property

Crime is committed by appropriating, taking or misappropriating or consenting, or through abandonment or negligence, permitting any other person to take the public funds or property ELEMENTS OF 315, NO.1 (C) 1. That the paper with the signature of the offended party be in blank 2. That the offended party should have delivered it to the offender 3. That above the signature of the offended party a document is written by the offender without authority to do so 4. That the document so written creates a liability of, or causes damage to the offended party or any third person ESTAFA BY MEANS OF DECEIT (Art. 315, nos. 2 and 3) ELEMENTS OF 315, NO.2: 1. That there must be false pretense, fraudulent act or fraudulent means 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of fraud 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with is money or property because of the false pretense, fraudulent act, or fraudulent means 4. That as a result thereof, the offended party suffered damage 315 NO.2 (A) 1) By using a fictitious name 2) By falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions 3) By means of other similar deceits 315 No.2 (B) By altering the quality, fineness or weight of anything pertaining to his business 315 No.2 (C) By pretending to have bribed any Government employee ELEMENTS OF 315 No. 2 (D) 1. That the offender postdated a check, or issued a check in payment of an obligation 2. That such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the 61

check BATAS PAMBANSA 22 Bouncing Checks Law Section 1. Checks Without Sufficient Funds 2 Offenses punished in BP 22 1) Making or Drawing and issuing a check knowing at the time of issue that he does not have sufficient funds. Elements: a. That a person draws a check. b. That the check is made or drawn and issued to apply on account or for value. c. That the person knows that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check upon its presentment. d. That the check is subsequently dishonored by the drawee bank for the insufficiency of funds or would have been dishonored for the same reason had not the drawer, without any valid reason ordered the bank to stop payment.

2) Failing to keep sufficient funds to cover


check if presented within a period of 90 days from the date appearing thereon. Elements: a. That a person has sufficient funds with the drawee bank when he makes or issues a check. b. That he fails to keep sufficient funds or to maintain a credit to cover the full amount if presented within a period of 90 days from the date of appearing thereon. c. That the check is dishonored. VACA CASE: Imposed only the fine and not imprisonment. However, in case of insolvency then subsidiary imprisonment is applied. It does not, however, altogether remove from the trial court the discretion to impose the penalty of imprisonment when the circumstances so warrant. Prosecution under BP 22 shall be without prejudice to any liability for any violation in the RPC. The fine under BP22 is based on the amount of the check and is without regard to the amount of damaged caused. RPC 1. endorsers who acted with deceit knowing that the check

BP22 1. endorsers are not liable;

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

2. malum prohibitum; 3. Issuance of check is for value or on account; 4. a crime against public interest because it affects the entire banking system; 5. Deceit and damage are not elements of the crime; The gravamen of the offense is the issuance of the check

is worthless will be criminally liable; 2. malum in se; 3. It is the means to obtain the valuable consideration from the payee (debt is not preexisting). 4. a crime against property; 5. False pretenses or deceit and damage or at least intent to cause damage are essential and the false pretenses must be prior to or simultaneous with the damage caused. 6. given 3 days after receiving notice of dishonor;

1. That there be court record, office files, documents or any other papers 2. That the offender removed, concealed or destroyed any of them 3. That the offender had intent to defraud another

INFIDELITY IN CUSTODY OF DOCUMENT (Art.226) Offender is a public officer who is officially entrusted with the document

ESTAFA (Art.315C) The offender is a private individual who is not officially entrusted with the documents

6. The drawer is given 5 days after receiving notice of dishonor within which to pay or make arrangements for payment; 7. that there are no funds or there are insufficient funds at the time of issuance

ART. 316- OTHER FORMS OF SWINDLING PERSONS LIABLE: 1) Any person who, pretending to be the owner of any real property, shall convey, sell, encumber or mortgage the same 2) Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded 3) The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person 4) Any person who, to the prejudice of another, shall execute any fictitious contract 5) Any person who shall accept any compensation given under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor 6) Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation ART. 317-SWINDLING A MINOR ELEMENTS: 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor 2. That he induces such minor to assume an obligation, or to give release, or to execute a transfer of any property right 62

7. that there are no funds or no sufficient funds at the time of issuance or at the time of presentment if made within 90 days

3 WAYS TO COMMIT 315, NO. 2(E) 1) By obtaining food, refreshment or accommodation at hotel, inn, restaurant, boarding house, lodging house or apartment house without paying therefor, with intent to defraud the proprietor or manager thereof 2) By obtaining credit at any of the said establishments by the use of any false pretense 3) By abandoning or surreptitiously removing any part of his baggage from any of the said establishment after obtaining credit, food, refreshment or accommodation therein, without paying ELEMENTS OF 315 NO. 3 (A) 1. That the offender induced the offended party to sign a document 2. The deceit be employed to make him sign the document 3. That the offended party personally signed the document 4. That prejudice be caused 315 No. 3 (B) - resorting to some fraudulent practice to insure success in a gambling game ELEMENTS OF 315 NO. 3 (C)

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

3. That the consideration is some loan of money, credit, or other personal property 4. That the transaction is to the detriment of such minor ART. 318- OTHER DECEITS 1) By defrauding or damaging another by any other deceit not mentioned in the preceding articles 2) By interpreting dreams, by making forecasts, by telling fortunes, by taking advantage of the credulity of the public in any other similar manner, for profit or gain ART 319- REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY ELEMENTS: (par 1) 1. personal property mortgaged under Chattel Mortgage Law 2. Offender knows such mortgage 3. He removes personal property to any province or city other than the one in which it was located at the time of the execution of the mortgage 4. Removal is permanent 5. No written consent of mortgagee, executors, administrators or assigns to such removal ELEMENTS: (par 2) 1. Personal property pledged under CML 2. Offender, who is the mortgagor, sells or pledges the same property or any part thereof 3. No consent of mortgagee written at the back of mortgage and noted on the record thereof in the Office of the Register of Deeds Damage to the mortgagee not essential

official proceeding 6) Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building 7) Any building, whether used as a dwelling or not, situated in a populated or congested area OTHER CASES OF ARSON 1) Any building used as offices of the Government or any of its agencies 2) Any inhabited house or dwelling 3) Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel 4) Any plantation, farm, pasture land, growing crop or grain field, orchard, bamboo grove or forest 5) Any rice mill, sugar mill, cane mill or mill central 6) Any railway or bus station, airport, wharf, or warehouse SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON 1) If committed with intent to gain 2) If committed for the benefit of another 3) If the offender be motivated by spite or hatred towards the owner or occupant of the property burned 4) If committed by a syndicate The offense is committed by a syndicate if it is planned or carried out by a group of three or more persons If a part of the building commences to burn, the crime is consummated arson, however small is the portion burned. When there is fire, the crime committed is either frustrated or consummated arson, never attempted. Mere conspiracy to commit arson is punishable.

ART. 320-326-b REPEALED BY PD 1613 PD 1613 AMENDING THE LAW ON ARSON ARSON when any person burns or sets fire to the property of another; or to his own property under circumstances which expose to danger the life or property of another DESTRUCTIVE ARSON 1) Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored 2) Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services. 3) Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property 4) Any church or place of worship or other building where people usually assemble 5) Any building where evidence is kept for use in any legislative, judicial, administrative or other 63

ART. 327 MALICIOUS MISCHIEF ELEMENTS: 1. That the offender deliberately caused damage to the property of another 2. That such act does not constitute arson or other crimes involving destruction 3. That the act of damaging anothers property be committed merely for the sake of damaging it ART. 328 SPECIAL CASES OF MALICIOUS MISCHIEF (QUALIFIED) 1) Causing damage to or obstructing the performance of public functions 2) Using poisonous or corrosive substances 3) Spreading any infection or contagion among

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

cattle 4) Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public ART. 329 OTHER MISCHIEFS Mischief not included in the next preceding article ART. 330 DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION PERSONS LIABLE: Any person who shall damage any railway, telegraph or telephone lines The offense is qualified if the damage shall result in the derailment of cars, collision or other accident. ART 331- DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS ART. 332 PERSONS EXEMPT FROM CRIMINAL LIABILITY CRIMES INVOLVED: 1) Theft 2) Swindling 3) Malicious mischief PERSONS EXEMPTED: 1) Spouses, ascendants and descendants, or relatives by affinity on the same line 2) The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed to the possession of another 3) Brothers and sisters and brothers in law and sisters in law, if living together Stepfather, adopted father, natural children, concubine, paramour included Also applies to common-law spouses

not operate as a cause for acquittal of the other The pardon must come before the institution of the criminal prosecution The offended party must pardon both the offenders

Abandonment of the wife by the husband without justification is only a mitigating circumstance ART. 334 CONCUBINAGE ELEMENTS: 1. That the man must be married 2. That he committed any of the ff. acts: a. keeping a mistress in the conjugal dwelling. b. having sexual intercourse under scandalous circumstances with a woman who is not his wife c. cohabiting with her in any other place 3. As regards to the woman, she must know him to be married ART. 336- ACTS OF LASCIVIOUSNESS ELEMENTS: 1. That the offender commits any act of lasciviousness or lewdness 2. That it is done under any of the ff. circumstances a. By using force or intimidation b. When the offended party is deprived of reason or otherwise unconscious ART. 337- QUALIFIED SEDUCTION Two classes 1) Seduction of a virgin over 12 years and under 18 years of age by persons who abuse their authority or the confidence reposed 2) Seduction of a sister by her brother or descendant by her ascendant, regardless of her age and reputation VIRGINITY - does not mean physical virginity. The RPC does not exclude the idea of abduction of a virtuous woman of good reputation. ART. 338 SIMPLE SEDUCTION ELEMENTS: 1. That the offended party is over 12 and under 18 years of age 2. That she must be of good reputation, single or widow 3. That the offender has sexual intercourse with her 4. That it is committed by means of deceit 64 ART. 339 ACTS OF

CRIMES AGAINST CHASTITY


(ARTS 333-343) ART. 333 ADULTERY ELEMENTS: 1. That the woman is married 2. That she has sexual intercourse with a man not her husband 3. That as regards to the man with whom she has sexual intercourse, he must know her to be married The acquittal of one of the defendants does

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY ELEMENTS: 1. That the offender commits acts of lasciviousness or lewdness 2. That the acts are committed upon a woman who is a virgin or a widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age 3. That the offender accomplishes the acts by abuse of authority, confidence, relationship or deceit ART. 340 CORRUPTION OF MINORS (AS AMENDED BY BP 92) To promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another

If girl is under 12 ALWAYS FORCIBLE ABDUCTION

CRIMES AGAINST CHASTITY WHERE AGE AND REPUTATION OF THE VICTIM ARE IMMATERIAL: 1) Acts of Lasciviousness against the will of the offended party; or against a sister or descendant 2) Qualified Seduction of sister or descendant 3) Forcible Abduction

RA 7610 - Child Prostitution and Attempt to Commit Child Prostitution are punished under this Act. ART. 341- WHITE SLAVE TRADE PROHIBITED ACTS: 1) Engaging in the business of prostitution 2) Profiting by prostitution 3) Enlisting the services of women for the purpose of prostitution ART. 342- FORCIBLE ABDUCTION ELEMENTS: 1. That the person abducted is a woman 2. That the abduction is against her will 3. That the abduction is with lewd design FORCIBLE ABDUCTION With lewd design GRAVE COERCION/ KIDNAPPING No lewd design

ART. 344 PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS 1) Adultery and concubinage must be prosecuted upon the complaint signed by the offended spouse 2) Seduction, abduction and acts of lasciviousness must be prosecuted upon the complaint signed by a. Offended party b. Her parents c. Grandparents d. Guardians in the order named above. Pardon to adultery and concubinage may be express or implied; whereas express pardon of the offender is required to bar prosecution for seduction, abduction, abduction, or acts of lasciviousness Condonation is not or adultery any offender showing repentance will not the offense pardon in concubinage subsequent act of the that there was no bar the prosecution of

Conviction of acts of lasciviousness, not a bar to conviction of forcible abduction Attempted Rape is absorbed by Forcible Abduction as the former constitutes the element of lewd design

Pardon by the offended party who is a minor must have the concurrence of parents except when the offended party has no parents Marriage of the offender with the offended party benefits the co-principals, accomplices and accessories EXCEPT in rape because it is already a crime against person; marriage obliterates criminal liability as to the husband only

ART. 343- CONSENTED ABDUCTION ELEMENTS: 1. That the offended party must be a virgin 2. That she must be over 12 and under 18 years of age 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender 4. That the taking away of the offended party must be with lewd designs 65

ART. 345 CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY PERSONS WHO ARE GUILTY OF RAPE, SEDUCTION, OR ABDUCTION SHALL ALSO

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

BE SENTENCED: 1) To indemnify the offended woman 2) To acknowledge the offspring, unless the law should prevent him from doing so 3) In every case to support the offspring ART. 347 SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD Object of the crime under ART. 347 is the creation of false or the causing of the loss of civil status ART. 348 USURPATION OF CIVIL STATUS Usurping the civil status of another is committed by assuming the filiation, or the parental or conjugal rights of another with intent to enjoy the rights arising from the civil status of the latter. Crime is qualified if the purpose is to defraud offended parties and heirs

Qualifying Circumstance - if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud ART. 351- PREMATURE MARRIAGES PERSONS LIABLE: 1) A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death 2) A woman whose marriage having been annulled or dissolved, married before delivery or before expiration of the period of 301 days after the date of legal separation Period may be disregarded if the first husband was impotent or sterile ART. 352- PERFORMANCE OF ILLEGAL MARRIAGES

ILLEGAL MARRIAGES (ARTS 349-351) ART. 349 BIGAMY ELEMENTS: 1. That the offender is legally married 2. That the marriage has not been dissolved or, in case the spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code 3. That he contracts a second marriage or subsequent marriage 4. That the second or subsequent marriage has all the essential requisites for validity A person convicted of bigamy may still be prosecuted for concubinage. The second spouse who knew of the first marriage is an accomplice, as well as the person who vouched for the capacity of either of the contracting parties.

Priests, or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any legal marriage ceremony

CRIMES AGAINST HONOR


(ARTS 355-364) ART. 353 LIBEL ELEMENTS: 1. That there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance 2. That the imputation must be made publicly 3. That it must be malicious 4. That the imputation must be directed at a natural person or a juridical person, or one who is dead. 5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. 2 TYPES OF MALICE: 1) malice in fact shown by proof of illwill, hatred, or purpose to injure; also known as EXPRESS MALICE 2) malice in law presumed from defamatory imputation; proof is not required because it is presumed to exist from the defamatory imputation; When the communication is PRIVILEGED, malice is not presumed from the defamatory words. ART. 354 REQUIREMENT FOR PUBLICITY MALICE IN LAW Every defamatory imputation is presumed to be malicious, even if it 66

ART. 350 MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS ELEMENTS: 1. That the offender contracted marriage 2. That he knew at the time that --a. The requirements of the law were not complied with; or b. The marriage was in disregard of a legal impediment c. The offender must not be guilty of bigamy

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

be true, if no good intention or justifiable motive is shown. The PRESUMPTION is rebutted if it is shown by the accused that a. The defamatory imputation, is true, in case the law allows proof of the truth of the imputation. (see Art. 361) b. It is published with good intention. c. There is justifiable motive for making it. MALICE is not presumed in the following cases: 1) Private communication made by any person to another in the performance of any legal, moral or social duty. 2) A fair and true report of any judicial, legislative, or other proceedings which are not of confidential nature; 3) Or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions R.A. 4200-THE ANTI-WIRE TAPPING ACT. REPUBLIC ACT NO.4200 Section 1. Unlawful acts by any person or participant, not authorized by all the parties to any private communication or spoken word : 1. to tap any wire or cable 2. to use any other device or arrangement 3. to secretly overhear, intercept or record such communication by using a device known as dictaphone/ dictagraph/ detectaphone/ walkie-talkie/ tape-recorder 4. to knowingly possess any tape/wire or disc record or copies of any communication or spoken word 5. to replay the same for any person or persons 6. to communicate the contents thereof, verbally or in writing 7. to furnish transcriptions thereof, whether complete or partial EXCEPTION: When a peace officer is authorized by written order from the court Any recording, communication or spoken word obtained in violation of the provisions of this Act - INADMISSIBLE IN EVIDENCE IN ANY JUDICIAL, QUASI-JUDICIAL OR ADMINISTRATIVE HEARING OR INVESTIGATION. ART. 355 LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS

phonograph 7) painting 8) theatrical exhibition 9) cinematographic exhibitions 10) similar means ART. 356 THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION Prohibited acts: 1) Threatening another to publish a libel concerning him, or his parents, spouse, child or other members of the family 2) Offering to prevent the publication of such libel for compensation or money consideration FELONIES WHERE BLACKMAIL IS POSSIBLE: 1) Light threats (283) 2) Threatening to publish, offering to prevent the publication of a libel for compensation (356) ART. 357 PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS ELEMENTS: 1. The offender is a reporter, editor or manager of a newspaper, daily or magazine 2. He publishes facts connected with the private life of another 3. Such facts are offensive to the honor, virtue and reputation of said person Prohibition applies even if the facts are involved in official proceedings. Source of news report may not be revealed unless the court or a House or Committee of Congress finds that such revelation is demanded by the security of the State

ART. 358 SLANDER (oral defamation) KINDS: 1) Simple slander 2) Grave slander, when it is of a serious and insulting nature ART. 359 SLANDER BY DEED ELEMENTS: 1. That the offender performs any act not included in any other crime against honor 2. That such act is performed in the presence of other persons 3. That such act cast dishonor, discredit, or contempt upon the offended party Common element of Slander by deed and Unjust Vexation Irritation or Annoyance; Without any other concurring factor, it is only Unjust Vexation; If the purpose is to shame or humiliate, Slander by deed. 67

Committed by means of: 1) writing 2) printing 3) lithography 4) engraving 5) radio 6)

CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di

ART 360 PERSONS RESPONSIBLE FOR LIBEL 1) Any person who shall publish, exhibit or cause the publication or exhibition of any defamation in writing or by similar means 2) The author, editor of the book or pamphlet 3) Editor, Business manager of newspaper or magazine, responsible to the same extent as if he were the author 4) Owner of the printing plant which publishes the libelous article and all other persons who in any way participate ART. 361 PROOF OF TRUTH WHEN PROOF OF THE TRUTH IS ADMISSIBLE IN A CHARGE FOR LIBEL: 1. When the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer. 2. When the offended party is a Government employee, even if the imputation does not constitute a crime, provided it is related to the discharge of his official duties. Defense in defamation: 1. It appears that the matters charged as libelous is true 2. It was published with good motives 3. And for a justifiable end ART. 363 INCRIMINATING INNOCENT PERSONS ELEMENTS: 1. That the offender performs an act 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime 3. That such act does not constitute perjury INCRIMINATING INNOCENT PERSONS Limited to the act of planting evidence and the like in order to incriminate an innocent person INCRIMINATING INNOCENT PERSONS Offender does not avail himself of written or spoken words in besmirching the victims reputation PERJURY BY MAKING FALSE ACCUSATIONS Giving of false statement under oath or making a false affidavit, imputing to the person the commission of a crime DEFAMATION

ART. 364 INTRIGUING AGAINST HONOR Committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another. ART. 365 IMPRUDENCE AND NEGLIGENCE ELEMENTS (RECKLESS IMPRUDENCE): 1. That the offender does or fails to do an act. 2. That the doing of or the failure to do that act is voluntary. 3. That it be without malice. 4. That material damage results. 5. That there is inexcusable lack of precaution on the part of the person performing or failing to perform such act taking into consideration - - a) Employment or occupation. b) Degree of intelligence, physical condition. c) And other circumstances regarding persons, time and place. ELEMENTS (SIMPLE IMPRUDENCE): 1) That there is lack of precaution on the part of the offender. 2) That the damage impending to be caused is not immediate nor the danger clearly manifest. Art 64 relative to mitigating and aggravating circumstances not applicable to crimes committed through negligence

THE PENALTIES PROVIDED FOR IN ARTICLE 365 ARE NOT APPLICABLE WHEN: a) the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of Art 365 b) by imprudence or negligence, and with violation of the Automobile Law, the death of a person shall be caused QUALIFYING CIRCUMSTANCE: When the offender fails to lend help to the injured parties

- END OF BOOK TWO Imputation is public and malicious calculated to cause dishonor, discredit, or contempt upon the offended party

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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano; EDP: Sorhaya Di