Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 18 of 41

AFTER MIDTERMS

TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS 1. 2. 3. 4. 5. 6. 7. 8. Malfeasance and Misfeasance Bribery Frauds and Illegal Exactions and Transactions Malversation of Public Funds and Property infidelity in the Custody of Prisoners Infidelity in the Custody of Documents Revelation of Secrets Other offenses or Irregularities by public officers
Crime 204 Knowingly Rendering Unjust Judgment 205 Rendering Judgment Thru Negligence 206 Rendering Unjust Interlocutor y Order 207 Malicious Delay in the Admin of Justice 208 Dereliction of Duty in Prosecution of Offenses 1. 2. 3. 4. 1. 2. 3. 4. 1. 2. Elements Offender is a judge; Renders a judgment Judgment is unjust Judge knows that his judgment is unjust Offender is a judge; Renders a judgment Judgment is manifestly unjust Due to his inexcusable negligence or ignorance That the offender is a judge; That he performs any of the following acts: a. knowingly renders unjust interlocutory order or decree; or b. renders manifestly unjust interlocutory order or decree thru inexcusable negligence or ignorance That the offender is a judge That there is a proceeding in his court That he delays the administration of justice That the delay is malicious

do, in consideration of gift or promise Elements: 1. Offender is a public officer 2. Offender accepts an offer or a promise or receives a gift or present by himself or thru another 3. Such offer or promise be accepted, or gift or present received by the public officer: a. with a view to committing some crime; or b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust c. to refrain from doing something which it is his official duty to do 4. Crime or act which the offender agrees to perform or which he executes be connected with the performance of his official duties 1. Offender is a public officer 2. He accepts gifts 3. Gifts are offered to him by reason of his office 1. Public officer entrusted with law enforcement 2. Offender refrains from arresting or prosecuting an offender who has committed a crime punishable by RP and/or death 3. Offender refrains in consideration of any promise, gift or present 1. Offender offers or promises or gives gifts or presents to a public officer 2. Such are made under circumstances that will make public officer liable for direct or indirect bribery Acts Punishable: 1. Frauds against public treasury 2. Demanding an amount different from what the law authorizes to be collected 3. Voluntary failure to issue receipt 4. Collection of the nature of payment different from that required Elements of Frauds against Public Treasury: 1. Offender be public officer 2. Taken advantage of his office, that is, he intervened in the transaction in his official capacity 3. Entered into said agreement 4. Accused had intent to defraud the government Elements of Illegal Exaction: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts 2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as Frauds Against Public Treasury) Elements of the Crime: 1. Offender is a public officer 2. He takes advantage of his official position 3. Commits any of the frauds or deceits (arts. 315-318) 1. Appointive public officer 2. He becomes interested, directly or indirectly, in any transaction of exchange or speculation 3. Within the territory subject to his jurisdiction 4. During his incumbency People Liable for Possession of Prohibited Interest: 1. Public officer who, directly or indirectly, became interested in any contract or business in 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

211 Indirect Bribery 211-A Qualified Bribery

212 Corruption of Public Officials 213 Frauds Against the Public Treasury and Similar Offenses

1. 2. 3. 4.

Acts Punishable: 1. Maliciously refraining from institution prosecution against violators of the law 2. Maliciously tolerating the commission of offenses Elements: 1. Offender is a public officer who has a duty to cause the prosecution of, or to prosecute, offenses 2. Dereliction of duties 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 Acts Punished: 1. By causing damage to his client, either (a) by any malicious breach of professional duty, (b) by inexcusable negligence or ignorance 2. By revealing any of the secrets of his client learned by him in his professional capacity 3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client Acts Punishable in Direct Bribery: 1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present and act constituting a crime, in connection with the performance of his official duties 2. By 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. By agreeing to refrain, or by refraining, from doing something which is his official duty to

209 Betrayal of Trust by an Attorney or Solicitor

214 Other Frauds 215 Prohibited Transactions 216 Possession of Prohibited Interest by a Public Officer

210 Direct Bribery

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3. Guardians and executors with respect to the property belonging to their wards or estate escape Classes of Prisoners Involved: 1. Sentenced by final judgment 2. Detention prisoner 1. Offender is a public officer 2. Charged with conveyance or custody of a prisoner (detention prisoner or prisoner by final judgment) 3. Such prisoner escapes thru his negligence Liability of Escaping Prisoner: 1. Convict by reason of final judgment Article 157 2. Detention Prisoner no liability 1. Offender is a private person 2. Conveyance or custody of prisoner or person under arrest is confided to him 3. Prisoner or person under arrest escapes 4. Offender consents to escape, or that the escape takes place thru his negligence 1. 2. Offender be a public officer He abstracts, destroys, conceals documents, papers 3. Said documents/papers entrusted to such public officer by means of his office 4. Damage, whether serious or not, to a third party or to the public interest should have been caused 1. Offender is a public officer 2. Charged with the custody of papers or property 3. Papers or property are sealed by proper authority 4. Breaks the seals or permits them to be broken 1. That offender is a public officer 2. That any closed papers, documents, or objects 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 proper authority Elements of No. 1: 1. That the offender is a public officer 2. He knows a secret by reason of his official capacity 3. Revelation without authority or justifiable reasons 4. Damage be caused to public interest Elements of No. 2: 1. Offender is public officer who has charge of papers 2. Papers should not be published 3. Delivers papers or copies thereof to a 3rd person 4. Delivery is wrongful 5. Damage be caused to public interest 1. Offender is a public officer 2. He knows of the secrets of a private individual by reason of his office 3. He reveals secrets without authority or justifiable reason 1. 2. 3. That the offender is a judicial or executive officer That there is a judgment, decision or order of a superior authority That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obey

217 Malversatio n of Public Funds or Property

Acts Punishable in Malversation: 1. By appropriating public funds or property 2. By taking or misappropriating the same 3. By consenting, or thru abandonment or negligence, permitting another to take funds or property 4. By being otherwise guilty of the misappropriation or malversation of such funds or property Elements Common to All Acts of Malversation: 1. Offender be a public officer 2. Custody or control of funds or property by reason of the duties of his office 3. Accountable public funds/property 4. Appropriated, took, misappropriated or consented or, thru abandonment or negligence, permitted another person to take them 1. Offender is a public officer, whether in the service or separated therefrom 2. Accountable officer for public funds or property 3. Required by law or regulation to render accounts to the COA, or to a provincial auditor 4. Failure to do so for a period of 2 months after such accounts should be rendered 1. Offender is a public officer 2. Accountable officer for public funds or property 3. Unlawfully left (or be on the point of leaving) RP without securing from COA a certificate showing that his accounts have been finally settled 1. Offender is a public officer 2. Public fund or property under his administration 3. Such has been appropriated by law or ordinance 4. He applies the same to a public use other than that for which such has been appropriated Acts Punishable: 1. By failing to make payment by public officer who is under obligation to make such payment from Government funds in his possession 2. By refusing to make delivery by a public officer who had been ordered by competent authority to deliver any property in his custody or under his administration Elements of Failure to Make Payment: 1. Public officer has govt funds in his possession 2. Under obligation to make payment from funds 3. He fails to make the payment maliciously Private Individuals who may be Liable (arts. 217221): 1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depository of funds or property, attached, seized or deposited by public authority, even if such property belongs to private individual 1. Offender is a public officer 2. He had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment 3. Such prisoner escaped from his custody 4. In connivance with prisoner in the latters

224 Evasion Through Negligence

218 Failure of Accountable Officer to Render Accounts

225 Escape of Prisoner under the Custody of a Person not a Public Officer 226 Removal, Concealment or Destruction of Documents 227 Officer Breaking Seal 228 Opening of Closed Documents 229 Revelation of Secrets by an Officer

219 Failure to Render Accounts before Leaving the Country 220 Illegal Use of Public Funds or Property 221 Failure to Make Delivery of Public Funds or Property

222 Officers Included in the Preceding Provisions

230 Public Officer Revealing Secrets of Private Individual 231 Open Disobedience

223 Conniving with or Consenting to Evasion

4.

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232 Disobedienc e to Order of Superior Officer, When Said Order was Suspended by Inferior Officer 233 Refusal of Assistance 1. 2. 3. 4. 5. Offender is a public officer Order is issued by his superior for execution He has for any reason suspended the execution of such order His superior disapproves the suspension Offender disobeys his superior despite the disapproval of the suspension 242 Disobeying Request for Disqualifica tion 243 Orders or Requests by Executive Officer to any Judicial Authority 244 Unlawful Appointments 1. 2. 3. 4. 1. 2. 3. Offender is a public officer Proceeding is pending before public officer Question is brought before the proper authority regarding his jurisdiction, which is not yet decided Lawfully required to refrain from continuing That the offender is an executive officer That he addressed any order or suggestion to any judicial authority That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice Offender is a public officer He nominates or appoints a person to public office Person lacks the legal qualifications therefore Offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment Offender is a public officer Solicits or makes immoral or indecent advances to a woman That 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 the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or c. The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender

1. 2.

234 Refusal to Discharge Elective Office 235 Maltreatment of Prisoners

3. 1. 2. 3. 1. 2. 3.

That the offender is a public officer That a competent authority demands from the offender that he land his cooperation towards the administration of justice or other public service That the offender fails to do so maliciously Offender is elected by popular election Refuses to be sworn in or to discharge duties No legal motive for such refusal to be sworn in or to discharge the duties of said office Offender is a public officer or employee Has under his charge prisoner / detention prisoner Maltreats such prisoner in either of the ff manners: a. overdoing correction or handling either i. imposition of punishments not authorized by the regulations, or ii. inflicting authorized punishments in a cruel and humiliating manner b. Maltreating prisoner to extort a confession or to obtain some information from the prisoner Offender is entitled to hold a public office or employment, either by election or appointment LAW requires that he should first be sworn in and/or should first give a bond Assumes performance of duties and powers He has not taken oath and/or given bond required Offender is holding a public office Period provided by law, regulations or special provisions for holding such office, has expired Continues to exercise duties and powers Offender is a public officer Formally resigns from his position Resignation has not yet been accepted Abandons his office to detriment of public service

1. 2. 3. 4. 1. 2. 3.

245 Abuses Against Chastity

236 Anticipation of Duties of Public Office

1. 2. 3. 4. 1. 2. 3. 1. 2. 3. 4.

237 Prolonging Performance of Duties and Powers 238 Abandonment of Office or Position

239 Usurpation of Legislative Powers 240 Usurpation of Executive Functions 241 Usurpation of Judicial Functions

Qualifying Circumstance: if done in order to evade discharge of duties of preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of Nations and Crimes against Public Order) 1. That the offender is a executive or judicial officer 2. That he makes general rules or regulations beyond the scope of his authority, or attempts to repeal a law, or suspends the execution thereof 1. That the offender is a judge 2. That he assumes a power pertaining to the executive authorities, or obstructs the executive authorities in the lawful exercise of their powers 1. That the offender is an officer of the executive branch of the government 2. That he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction

Public Officers 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; and 2. That his authority to take part in the performance of public functions or to perform public duties must be: b. by direct provision of the law, or c. by popular election d. by appointment by competent authority Malfeasance and Misfeasance Misfeasance improper performance of some act which might lawfully be done Malfeasance performance of an act which ought NOT to be done Nonfeasance omission of some act which ought to be performed Bribery Prevaricacion (Art. 208) Distinguished from Bribery: 1. Both are committed by refraining doing something which pertains to the official duty of the officer 2. In bribery, the offender refrained from doing his official duty in consideration of a gift received or

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 21 of 41 promised; while in crime of prevaricacion this element is NOT necessary Direct Bribery Distinguished from Indirect Bribery
Direct Bribery agreement offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise Mere agreement consummates Indirect Bribery no agreement it is NOT necessary that the officer should do any particular act or even promise to do any act, as it is enough that he accepts gifts offered Acceptance consummates crime

Crimes Committed when Act Constitutes a Crime and was Accomplished direct bribery, in addition to crime brought about by act There can be attempted corruption if public officer refused to be corrupted Qualified Bribery Penalty must be RP or death or RP to death; if not, crime is dereliction of duties Frauds and Illegal Exactions and Transactions Illegal Exaction If illegal amount is receipted: additional offense of malversation Not applicable to BIR and customs officers Malversation of Public Funds or Property To be guilty, public officer must have: 1. Official custody of public funds or property or the duty to collect or receive funds due the government, and 2. Obligation to account for them to the government * accountable officer otherwise, crime is estafa Presumption of Malversation Rule: when demand is made to account for funds and the same is not forthcoming Provided: no issue as to accuracy, correctness and regularity of audit findings and the fact that funds are missing is indubitably established Infidelity of Public Officers Revelation Distinguished from Infidelity: 1. Papers contain Secrets revelation 2. Papers do not contain Secrets Infidelity Infidelity in Custody of Document distinguished from Malversation and Falsification Malversation and Falsification when postmaster received money orders, signed as payee, collected and appropriated the respective amounts Infidelity in Custody of Papers when postmaster receives letters/envelopes containing money orders, and MO are not sent to addressees, the postmaster cashing the same for his own benefit

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 22 of 41 TITLE VIII: CRIMES AGAINST PERSONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Parricide Murder Homicide Death Caused in a Tumultous Affray Physical Injuries Inflicted in a Tumultous Affray Giving Assistance to Suicide Discharge of Firearms Infanticide Intentional Abortion Unintentional Abortion Abortion practiced by Woman Herself or her Parents Abortion Practiced by Physician or Midwife and Dispensing of Abortives Duel Challenging to a Duel Mutilation Serious Physical Injuries Administering Injurious Substances or Beverages Less Serious Physical Injuries Slight Physical Injuries and Maltreatment Rape
Crime 246 Parricide 1. 2. 3. Elements That a person is killed That the deceased is killed by the accused That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendent, or the legitimate spouse, of the accused That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter That he has not promoted/facilitated prostitution of his wife or daughter, or that he or she had not consented to the infidelity of the other spouse or any other means involving great waste and ruin 4. On occasion of any of the calamities enumerated in the preceding paragraph, or earthquake, volcanic eruption, destructive cyclone, great waste and ruin 5. Evident premeditation 6. Cruelty or outraging/scoffing at person or corpse 1. That a person is killed 2. Killing without justifying circumstances 3. Accused had intention to kill, which is presumed 4. Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide 1. That there be several persons 2. Do not compose groups organized for assaulting and attacking each other reciprocally 3. Several persons quarreled and assaulted one another in a confused and tumultuous manner 4. That someone was killed in the course of the affray 5. Unascertained who actually killed deceased 6. Person(s) who inflicted serious physical injuries or who used violence can be identified 1. Tumultuous affray 2. Participant(s) suffer serious physical injuries or physical injuries of a less serious nature only 3. Person responsible therefore cannot be identified 4. That all those who appear to have used violence upon the person of the offended party are known Acts Punishable as Giving Assistance to Suicide: 1. By assisting another to commit suicide, whether the suicide is consummated or not 2. By lending his assistance to another to commit suicide to the extend of doing the killing himself 1. Offender discharges a firearm against or at another person 2. Offender has no intention to kill that person 1. Child was killed 2. Child was less than 3 days (72 hours) of age 3. Accused killed the said child Ways of Committing Intentional Abortion: 1. Using any violence upon pregnant woman 2. Acting without violence, without the consent of the woman (by administering drugs or beverages upon such pregnant woman without her consent) 3. Acting (by administering drugs or beverages), with the consent of the pregnant woman Elements: 1. That there is a pregnant woman 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman 3. That as a result, the fetus dies, either in the womb or after having been expelled therefrom 4. That the abortion is intended 1. That there is a pregnant woman 2. That violence is used upon such pregnant woman without intending an abortion 3. That the violence is intentionally exerted 4. That as a result, the fetus dies, either in the womb or after having been expelled therefrom 1. Pregnant woman who has suffered an abortion 2. That the abortion is intended 3. That the abortion is caused by: a. the pregnant woman herself b. any other person, with her consent

249 Homicide

251 Death Caused in Tumultuous Affray

252 Physical Injuries Caused in Tumultuous Affray

247 Death or Physical Injuries Inflicted Under Exceptional Circumstances

1.

253 Giving Assistance to Suicide 254 Discharge of Firearms 255 Infanticide 256 Intentional Abortion

2.

3.

248 Murder

Parricide is not punished with RP to Death: 1. Parricide committed thru negligence (Article 365) 2. Committed by mistake (Article 249) 3. Committed under exceptional circumstances 1. That a person was killed 2. That the accused killed him 3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248 4. The killing is not parricide or infanticide Murder unlawful killing of any person which is NOT parricide or infanticide, provided ff circumstances are present: 1. Treachery, taking advantage of superior strength, Aid of armed men, or Means to weaken defense, or means/persons to insure/afford impunity 2. In consideration of a price, reward or promise 3. Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of airship, motor vehicles, 257 Unintentional Abortion 258 Abortion Practiced by the Woman Herself or by her

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Parents c. any of her parents, with her consent, for the purpose of concealing her dishonor 265 Less Serious Physical Injuries 1. 2. Other than less serious physical injuries and Incapacitated for labor for 10 days or more, or shall require medical attendance for the same period

259 Abortion Practiced by a Physician or Midwife and Dispensing of Abortives

Elements for Physician or Midwife 1. Pregnant woman who has suffered an abortion 2. That the abortion is intended 3. That the offender, who must be a physician or midwife, causes, or assists in causing, the abortion 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill Elements for Pharmacists: 1. That the offender is a pharmacist 2. No proper prescription from a physician 3. That the offender dispenses any abortive Acts Punishable in Duel: 1. By killing ones adversary in duel 2. By inflicting upon such adversary physical injuries 3. By making a combat although no physical injuries have been inflicted Acts Punished under this Article: 1. Challenging another to a duel 2. Inciting another to give or accept challenge to duel 3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel 1. Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction a. Castration (mutilation of organs necessary for generation such as a penis or ovarium) b. Mutilation caused purposely or deliberately, that is, to deprive the offended party of some essential organ for reproduction 2. Intentionally making other mutilation (by lopping or clipping off any part of the body of the offended party, other than essential organ for reproduction) to deprive him of that part of his body. Serious Physical Injuries: 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. 2. When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in which we were theretofore habitually engaged, in consequence of the physical injuries inflicted. 3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) 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 must not be more than 90 days), as a result of the physical injuries inflicted. 1. That the offender inflicted upon another any serious physical injury 2. That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mine or credulity 3. That he had no intent to kill

260 Duel

266 Slight Physical Injuries and Maltreatment

261 Challenging to Duel

266-A Rape 266-B Penalties

262 Mutilation

Qualified Less Serious Physical Injuries 1. Paragraph 2: a. manifest intent to insult or offend victim b. circumstances adding ignominy to offense 2. Paragraph 3: a. the offenders parents, ascendants, guardians, curators or teachers b. persons of rank or persons in authority, provided the crime is not direct assault Kinds of Slight Physical Injuries: 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or required medical attendance during the same period 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 Paragraph 1: 1. Offender is a man 2. Offender had carnal knowledge of a woman 3. Such act is accomplished under any of the ff circumstance: a. by using force or intimidation; or b. when the woman is deprived of reason or otherwise unconscious; or c. by means of fraudulent machination or grave abuse of authority; or d. when the woman is under 12 years of age or demented Paragraph 2: 1. Offender commits an act of sexual assault 2. That the act of sexual assault is committed by any of the following means: a. by inserting his penis into another persons mouth or anal orifice; or b. by inserting any instrument or object into the genital or anal orifice of another person 3. That the sexual act is accomplished under the circumstances mentioned in paragraph 1 Reclusion Perpetua to Death 1. use of deadly weapon or by 2 or more persons 2. victim has become insane Death Penalty 1. By reason or on occasion of the rape, a homicide is committed 2. Victim is under 18 and offender is parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within 3rd civil degree, or common-law spouse of the parent of victim 3. Victim is under custody of the police or military authorities or any law enforcement or penal institution 4. Rape is committed in full view of the husband, parent, any of the children or other relatives within the 3rd civil degree of consanguinity 5. 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 6. Victim is a child below 7 years of age. 7. Offender knows that he is afflicted with HIV/AIDS or any other STD and the virus or disease is transmitted to the victim.

263 Serious Physical Injuries

264 Administering Injurious Substances or Beverages

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8. Committed by any member of AFP or paramilitary units thereof or the PNP or any law enforcement agency or penal institution, when offender took advantage of position to facilitate the commission of the crime By reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability Offender knew of the pregnancy of the offended party at the time of the commission of the crime Offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or Where the offended party is so situated as to render him/her incapable of giving consent

Tumultuous Affray the disturbance is caused by more than three persons who are armed or are provided with means of violence Persons Liable for Death in Tumultuous Affray: 1. Person(s) who inflicted the serious physical injuries 2. If it is not known who inflicted the serious physical injuries on the deceased, all the persons who used violence upon the person of the victim are liable, but with lesser liability Infanticide Infanticide killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger
Abortion Fetus is still drawing life from mother Umbilical cord not yet cut; or Infanticide Victim is already a person Umbilical cord is already cut and infant is still alive Intra-uterine life of less than 7 mos. and killed after 24 hours

9. 10. 11.

266-C Effect of Pardon

1.

2.

266-D Presumptions

1. 2.

Parricide, Murder, Homicide Parricide Legitimate relationship except parent and child Direct line only except spouse Blood except for spouse
Parricide Based on relationship Relatives enumerated Conspiracy cannot be applied Separate informations necessary Conceal dishonor not mitigating Infanticide Based on age of child Strangers or relatives * parricide yields to infanticide Conspiracy applicable Single information Conceal dishonor mitigating

Intra-uterine life of less than 7 mos. and is killed within 24 hours Killing by woman to conceal dishonor is extenuating

Duel Duel formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who makes the selection of arms and fix all other conditions of the fight Persons Liable in Duel: 1. Person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principles 2. Seconds, as accomplices Physical Injuries

Murder Use of Fire

Separate crimes of Homicide and Arson Murder Arson aggravated by Homicide Homicide To conceal killing As a means to kill Burn a house but there was a person who was killed Resorted to as a joke (Ppl v. Pugay)

Homicide Homicide unlawful killing of any person, which is neither parricide, murder nor infanticide Accidental Homicide death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent Corpus Delicti actual commission of the crime charged; means that the crime was actually perpetrated, and does not refer to the body of the murdered person Death or Physical Injuries in Tumultuous Affray

Serious Insanity, imbecility, impotence, blindness Loss of speech, hearing, smelling Loss of eye, hand, foot, arm, leg Incapacitated for work for which habitually engaged Deformation Lost any other part of body or use thereof Illness or incapacity for work habitually engaged for period of more than 90 days Injuries caused illness or incapacity for labor for more than 30 days not more than 90

Less Serious

Slight

Incapacitated for labor for 10 days or more but not more than 30 days

Incapacitated for labor from 1 to nine days or medical attendance for same period Do not prevent him from engaging in habitual work nor require medical

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 25 of 41
attendance Ill-treatment by deed without injury

Physical Injuries Distinguished from Attempted or Frustrated Homicide: a. In both, the offender inflicts physical injuries, however homicide may be committed, even if no physical injuries are inflicted b. There is no intent to kill in physical injuries Mutilation Ordinary Physical Injuries Distinguished from Mutilation: 1. Mutilation must have been caused purposely and deliberately 2. Physical Injuries this intention is not present

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 26 of 41 TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Kidnapping and Serious Illegal Detention Slight Illegal Detention Unlawful Arrest Kidnapping and Failure to Return a Minor Inducing a Minor to Abandon his Home Slavery Exploitation of Child Labor Services Rendered in Compulsion of Payment of Debt Abandonment of Persons in Danger and Ones Own Victim Abandoning a Minor Exploitation of Minors Qualified Trespass to Dwelling Other Forms of Trespass Grave Threats, Light Threats, Other Light Threats Grave Coercions, Light Coercions Discovery and Revelation of Secrets
Crime 267 Kidnapping and Serious Illegal Detention 1. 2. 3. 4. Elements Offender is a private individual Kidnaps or detains another, or in any other manner deprives the latter of his liberty Act of detention or kidnapping must be illegal Any of the following circumstances are present: a. Lasts for more than 3 days or; b. Committed simulating public authority or; c. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d. Person kidnapped or detained is a minor (except when the accused is any of the parents), female or a public officer. Offender is a private individual Kidnaps or detains another, or in any other manner deprives him of his liberty Act of kidnapping or detention is illegal Crime is committed without the attendance of any of the circumstances enumerated in Article 267 Offender arrests or detains another person Purpose: to deliver him to the proper authorities Arrest or detention is not authorized by law or there is no reasonable ground therefore That the offender is entrusted with the custody of a minor person (below 21 years of age) That he deliberately fails to restore the said minor to his parents or guardians That a minor is living in the home of his parents or guardian or person entrusted with his custody Offender induces said minor to leave such home Purchases, sells, kidnaps or detains a human being. Purpose: enslave such human being That the offender retains a minor in his service That it is against the will of the minor 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 That the offender compels a debtor to work for him, either as household servant or farm laborer Under Compulsion in Payment 275 Abandonme nt of Persons in Danger and Abandonme nt of Ones Own Victim 2. 3. That it is against the debtors will That the purpose is to require or enforce the payment of a debt

276 Abandoning a Minor

Acts Punishable: 1. Failing to render assistance to any person whom 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 or render assistance to another whom the offender has accidentally wounded or injured 3. Failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place 1. That the offender has the custody of a child 2. That the child is under 7 years of age 3. That he abandons such child 4. No intent to kill child when the latter is abandoned Qualifying Circumstances: 1. Death resulted from such abandonment, or 2. Life of minor was in danger because of abandonment Acts Punished: 1. By delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities 2. By neglecting his (offenders) children by not giving them the education which their station in life requires and financial condition permits See RA 7610 and related laws

277 Abandonment of Minor by Person Entrusted with His Custody; Indifference of Parents 278 Exploitation of Minors 280 Qualified Trespass to Dwelling

268 Slight Illegal Detention

1. 2. 3. 4. 1. 2. 3.

1. 2. 3.

That the offender is a private person That he enters the dwelling of another That such entrance is against the latters will

269 Unlawful Arrest 270 Kidnapping and Failure to Return a Minor 271 Inducing a Minor to Abandon His Home 272 Slavery 273 Exploitation of Child Labor 274 Services Rendered

Exceptions: 1. Made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a 3rd person 2. Purpose is to render some service to humanity or justice 3. Place where entrance is made is a caf, tavern, inn, and other public houses, while the same are still open * Qualifying Circumstance violence or intimidation 1. Offender enters closed premises or the fenced estate of another 2. Entrance is made while uninhabited 3. That the prohibition to enter be manifest 4. No permission of the owner or the caretaker thereof Acts Punished: 1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even thought not unlawful, and the offender attained his purpose a. Offender threatens another with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong b. Wrong amounts to a crime c. Demand for money or that any other condition is imposed, even though not unlawful d. Offender attains his purpose

1. 2. 1. 2. 1. 2. 1. 2. 3.

281 Other Forms of Trespass

282 Grave Threats

1.

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 27 of 41
2. 3. By making threat without attaining his purpose By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition a. Offender threatens another with the infliction upon the latters person, honor, or property, or upon the latters family, of any wrong b. Wrong amounts to a crime c. Threat is not subject to a condition 1. Offender makes a threat to commit a crime 2. Wrong does not constitute a crime 3. Demand for money or that other condition is imposed, even though not lawful 4. Offender has attained or not attained his purpose 1. Threatening another with a weapon, or by drawing such weapon in a quarrel, unless 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 Ways to Commit: 1. By preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law 2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong Elements: 1. Person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong 2. Prevention or compulsion be effected by violence, threats or intimidation 3. Person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in exercise of lawful right 1. Offender must be a creditor 2. He seizes anything belonging to his debtor 3. Seizure of thing accomplished by means of violence or a display of material force producing intimidation 4. Purpose: apply the same to the payment of the debt 1. Forcing/compelling, directly/indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind 2. By paying wage due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee 1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers 1. 2. 3. 4. Offender is a private individual or even a public officer not in the exercise of his official functions He seizes the papers or letters of another Purpose: to discover secrets of such another person Offender is informed of the contents Exception: parents, guardians, or persons entrusted with the custody of minors (papers or letters of the children or minors), or to spouses with respect to the papers or letters of either of them 1. Offender is a manager, employee or servant 2. Learns of the secrets of his principal or master in such capacity 3. Reveals such secrets 1. 2. 3. 4. Offender is person in charge, employee or workman of a manufacturing or industrial establishment Manufacturing or industrial establishment has a secret of the industry which the offender has learned Offender reveals such secrets Prejudice is caused to the owner

283 Light Threats

291 Revealing Secrets with Abuse of Office 292 Revelation of Industrial Secrets

285 Other Light Threats

Illegal Detention Special Complex Crimes * Effectively eliminated distinction drawn by courts between those cases where the killing, rape or physical injuries was purposely sought by the accused, and those where the same was not deliberately resorted to but was merely an afterthought
Kinds Kidnapping with homicide Not separate crimes in themselves but circumstances Kidnapping with rape Kidnapping with physical which convert kidnapping into special complex crime injuries * this rule applicable only if kidnap victim was killed, raped or tortured * if 3rd person killed, raped or tortured, there will be 2 separate offenses * intent is determinative of the special complex crime if intent from the very beginning is to kill, rape or torture crime is not kidnapping but murder/homicide, rape, physical injuries Kidnapping with Rape Composite if woman kidnapped is also raped At the outset, no lewd design Rape is qualifying circumstance Only 1 kidnapping with rape, even if multiple rapes committed If merely attempted rape: 2 separate crimes: Kidnapping and Attempted Rape Kidnapping Intent to liberty/restrain Forcible Abduction with Rape Complex under art. 48 At the outset, lewd design Rape is also a crime Only one rape complexed, all other rapes are separate crimes If merely attempted rape, only one crime: Forcible Abduction

286 Grave Coercions

287 Light Coercions

288 Other Similar Coercions

deprive

Grave Coercion Mere curtailment of freedom of movement

289 Formation, Maintenanc e, and Prohibition of Combination of Capital or Labor 290 Discovery of Secrets Thru Seizure of Correspondence

Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention Distinguishing Article 267 and Article 270: 1. Article 267 offender is not entrusted with custody 2. Article 270 offender is entrusted with custody of minor Slavery and Kidnapping/Illegal Detention Distinguished: a. Slavery purpose is to enslave victim

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 28 of 41 b. Kidnapping or Illegal Detention any other purpose

Trespass to Dwelling Dwelling Place any building or structure exclusively devoted for rest and comfort
Trespass to Dwelling Trespass to Property Theft Vagrancy Unjust vexation or light coercion Robbery Threat Coercion Intimidation immediate but conditional coupled with demand for money or any consideration ; intent to gain Future and conditional Direct, immediate and personal or serious enough; no intent to gain Inhabited Uninhabited, clear or manifest prohibition Purpose: fish, harvest, gather If property not fenced, no prohibition to enter

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 29 of 41 TITLE X: CRIMES AGAINST PROPERTY 1. Robbery with Violence Against or Intimidation of Persons 2. Robbery by the Use of Force upon Things 3. Brigandage 4. Theft 5. Usurpation 6. Culpable Insolvency 7. Swindling and Other Deceits 8. Chattel Mortgage 9. Arson and Other Crimes Involving Destruction 10. Malicious Mischief
Crime 293 Who are Guilty of Robbery Elements Classification: 1. Robbery with violence against, or intimidation of persons (RVAIP) 2. Robbery with the use of force upon things (RFUT) a. Robbery in Inhabited House, Public Building or Edifice devoted to Public Worship b. Robbery in Uninhabited House or in a Private Building Elements of Robbery in General: 1. Personal property belonging to another 2. Unlawful taking of that property 3. Taking must be with intent to gain 4. Violence against or intimidation of any person, or force upon anything Acts Punished: 1. By reason or on occasion of robbery, homicide is committed, or is accompanied by rape or intentional mutilation or arson 2. By reason or on occasion of such robbery, any of the serious physical injuries, 1 is committed 3. By reason or on occasion of such robbery, any of serious physical injuries, 2 is committed 4. If violence or intimidation employed in the robbery is carried to a degree clearly unnecessary or in the course of its execution, offender shall have inflicted upon any person not responsible for the robbery any of the physical injuries in serious physical injuries, 3 and 4. 5. If violence employed does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only Distinctions Between Effects of Employment of VAIAP and those of use FUT: 1. Whenever violence against or intimidation of any person is used, the taking is always robbery; If there is no violence or intimidation, but only FUT, taking is robbery if force is used to either enter building or to break doors, etc. 2. In RVAIP, value of personal property is immaterial; penalty depends on: a. result of violence used b. existence of intimidation only 3. In RFUT, the penalty is based on: a. Value of property taken b. On whether or not the offenders carry arms 4. In RFUT in an uninhabited building, the penalty is based on the value of the property taken Requisites of Robbery under Second Case of 4: 1. Physical injuries defined in 3 and 4 of Art. 263 was inflicted in the course of the robbery Inflicted upon any non-robber

2.

RVAIP under Paragraph 5 of Art. 294: called Simple Robbery, because the violence does not result in a special complex crime Threats to Extort Money Distinguished from RVAIP: 1. Both, there is intimidation by offender 2. Both, purpose is identical: to obtain gain 3. In robbery, intimidation is actual and immediate; In threats, intimidation is conditional or future 4. In robbery, intimidation is personal; In threats, it may be done thru an intermediary 5. In robbery, intimidation is directed only to victim; In threats, intimidation may refer to person, honor or property of offended party or that of his family 6. In robbery, gain of culprit is immediate; in threats, gain is not immediate RVAIP Distinguished from Grave Coercion: 1. Both, there is violence used by offender 2. In robber, there is intent to gain; in grave coercion, there is not such element Robbery and Bribery Distinguished: 1. Robbery if victim did not commit a crime and is intimidated with arrest and/or prosecution to deprive him of his personal property; Bribery when victim has committed a crime and give money or gift to avoid arrest or prosecution 2. In robbery, victim is deprived of money/property by force or intimidation; in bribery, he parts with money/property in a sense voluntarily Qualifying Circumstances in RVAIP: 1. 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 passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances 5. on a street, road, highway, or alley, and the intimidation is made with the use of firearms Outline: 1. Band at least 4 armed malefactors take part in robbery 2. Any arms is unlicensed penalty upon ALL the malefactors shall be maximum period of corresponding penalty provided by law 3. Any member present at the 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 Requisites for Liability: 1. Member of the band 2. Present at commission of a robbery by that band 3. Other members of the band committed an assault 4. He did not attempt to prevent the assault Attempted and Frustrated Robbery Committed Under Certain Circumstances: If a homicide is committed, punishable by RT max to RP, unless homicide committed deserved a higher penalty 1. That the offender has intent to defraud another 2. That the offender compels him to sign, execute, or deliver any public instrument or document

294 Robbery with Violence Against or Intimidation of Persons

295 Robbery with Physical Injuries, committed Uninhabited Place and by a band, or use of Firearm 296 Definition of a Band and Penalty Incurred

297

298 Execution of Deeds thru Violence/ Intimidation

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 30 of 41
3. Compulsion is by means of violence or intimidation 303 304 Possession of Picklocks or Similar Tools 305 False Keys 3. That with intent to gain, the offender took there from personal property belonging to another

299 Robbery in Inhabited House or Public Building or Edifice Devoted to Worship

RFUT Subdivision (a): 1. Offender entered (a) inhabited house, (b) public building, (c) edifice devoted to religious worship 2. Entrance was effected by any of the ff means: a. Opening not intended for entrance/egress, or b. Breaking any wall, roof, or floor or breaking any door or window, or c. Using false keys, picklocks, similar tools, or d. Using fictitious name or pretending the exercise of public authority 3. Once inside building, the offender took personal property belonging to another with intent to gain RFUT Subdivision (b): 1. Offender is inside dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; 2. Offender takes personal property belonging to another, with intent to gain, under any of the following circumstances: a. Breaking doors, wardrobes, chests, or other locked or sealed furniture or receptacle b. Taking such furniture or objects away to be broken or forced open outside the place of the robbery Distinction between 2 Classes of Robbery as to their Being Qualified: 1. RFUT to be qualified, must be committed in an uninhabited place AND by a band 2. RVAIP to be qualified, must be committed in an uninhabited place OR by a band Inhabited House any shelter, ship or vessel constituting the dwelling or one or more persons even though the inhabitants thereof are temporarily absent there from when the robbery is committed Dependencies are all interior courts, corrals, warehouses, granaries or enclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole Not Included as Dependencies orchards or other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building, and having direct connection therewith Public Building every building owned by the government or belonging to a private person but used or rented by the government, although temporarily unoccupied by the same 1. Offender entered an uninhabited house or building which was not dwelling house, public building, nor edifice devoted to religious worship 2. Any of the following circumstances was present: a. Entrance was effected thru an opening not intended for entrance or egress b. Wall, roof, outside door/window was broken c. Entrance was effected thru the use of false keys, picklocks, or other similar tools d. A door, wardrobe, chest or any sealed or closed furniture or receptacle was broken e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere

Robbery of Cereals, Fruits or Firewood Cases enumerated in Article 299 to 302 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. No lawful cause for such possession 1. Tools 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 Brigandage crime committed by 4 or more armed persons who form a band of robbers for the purpose of committing robbery in highway or kidnapping persons for extortion or to obtain ransom, or for any other purpose to be attained by means of force and violence Elements: 1. There be at least 4 armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a. To commit robbery in the highway b. To kidnap persons for extortion or ransom c. To attain by means of force and violence any other purpose Brigandage and Robbery in a Band Distinguished: 1. Both require offenders to form a band 2. Brigandage purpose is any of the 3 in Article 306; Robbery in a Band purpose is only to commit robbery, not necessarily on the highway 3. Brigandage mere formation of a band for any of the purposes mentioned is sufficient; Robber in a Band necessary to prove band actually committed robbery, as a mere conspiracy is not punishable 1. Band of brigands 2. Offender knows the band to be of brigands 3. That the offender does any of the following acts: a. In any manner aids, abets or protects such band of brigands; or b. Gives information of the movements of police or other peace officers of the government c. Acquires/receives property taken by brigands Theft committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latters consent 1. Having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. After having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and 3. Enter an enclosed estate or a filed where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products Elements:

306 Who are Brigands Penalty

300 Robbery in Uninhabited Place and by a Band 301 Definitions

307 Aiding and Abetting A Band of Brigands

302 Robbery in an Uninhabited Place or in a Private Building

308 Who are Liable for Theft

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 31 of 41
1. 2. 3. 4. 5. Taking of personal property Property belongs to another Taking be done with intent to gain (animus lucrandi) Taking be done without the consent of the owner Taking accomplished without violence against or intimidation of persons or force upon things property or usurps any real rights in property 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 rights in property 4. That there is intent to gain Altering Boundaries or Landmarks 1. That the offender is a debtor, that is, he has obligations due and payable 2. That he absconds with his property 3. That there be prejudice to his creditors 2. Distinguished from Insolvency Law: a. Insolvency Law requires application that the criminal act should have been committed after institution of criminal proceedings b. Article 314 there is no such requirement, and it is not necessary that defendant should have been adjudged bankrupt or insolvent Elements of Estafa in General: 1. Accused defrauded another (a) by abuse of confidence or (b) by means of deceit; and 2. Damage/prejudice capable of pecuniary estimation is caused to the offended party or 3rd person Ways of Committing Estafa: 1. With unfaithfulness or abuse of confidence 2. By means of deceit: a. By means of false pretenses or fraudulent acts b. Thru fraudulent means Unfaithfulness or Abuse of Confidence: 1. First Form a. Offender has an onerous obligation to deliver something of value b. He alters its substance, quantity or quality c. Damage or prejudice is caused to another 2. Second Form a. Money, goods, or other personal property be received by 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 b. Misappropriation/conversion of such money or property by offender, or denial on his part of such receipt c. That such misappropriation or conversion or denial is to the prejudice of another d. That there is demand made by the offended party to the offender Undue advantage of Signature in Blank a. Paper with the signature of the offended party be in blank b. Offended party should have delivered it to the offender c. Above the signature of offended party a document is written by the offender without authority to do so d. Document so written creates a liability of, or causes damage to offended or any 3rd person act act or or

310 Qualified Theft

PD 1612 AntiFencing Law

311 312 Occupation of Real Property or Usurpation of Real Rights in Property

Stages of the Crime: 1. Theft is consummated a. when offender is able to place thing taken under his control and in such a situation where he could dispose it at once; or b. when offender had full possession of thing, even if he did not have opportunity to dispose the same 2. Conflicting Rulings a. People vs. Dino frustrated theft when truck loaded with stolen boxes of rifles was discovered at checkpoint b. People vs. Espiritu consummated theft when hospital linen was found at checkpoint 3. Explanation: a. Dino Case frustrated because determinative fact to determine consummation is ability to dispose freely, even if it were more or less momentarily; should only be applied to theft of bulky goods b. Espiritu Case consummated because they were able to take or get hold of linen Theft is Qualified if: 1. Theft is committed by domestic servant 2. Theft is committed with grave abuse of confidence 3. Property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle (*note Cattle Rustling) 4. Property stolen consists of coconuts taken from the premises of a plantation 5. Property stolen is fish taken from fishpond/fishery 6. Property taken is on occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance 1. Crime of robbery or theft has been committed 2. Accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime 3. Accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft 4. There is, on the part of the accused, intent to gain fro himself or for another Theft of Property of National Library and National Museum Acts Punishable: 1. By taking possession of any real property belonging to another by means of violence against or intimidation of persons 2. By usurping any real rights in property belonging to another by means of violence against or intimidation of persons Elements: 1. That the offender takes possession of any real

313 314 Fraudulent Insolvency

315 Swindling (Estafa)

3.

False Pretense or Fraudulent Acts a. False pretense, fraudulent fraudulent means b. False pretense, fraudulent

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 32 of 41
fraudulent means must be made or executed prior to or simultaneously with commission of the fraud Offended party must have relied on the false pretense, fraudulent act, or fraudulent means, (induced to part with his money or property) Damage Swindling or mortgage the same. a. Thing be immovable b. Offender who is not owner of said property should represent that he is the owner thereof c. Offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property) d. To the prejudice of the owner or a 3rd person 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. a. Thing disposed of be real property b. Offender knew that real property was encumbered, whether recorded or not c. Express representation by the offender that the real party is free from encumbrance d. Damage 3. Owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. a. Offender is the owner of personal property b. Property is in lawful possession of another c. Offender wrongfully takes it from its lawful possessor d. Prejudice is caused to possessor or 3rd person 4. Any person who, to the prejudice of another, shall execute any fictitious contract. 5. Any person who shall accept any compensation given him 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. Surety a. Offender is a surety in bond given in a criminal or civil action b. Guaranteed the fulfillment of such obligation with his real property or properties c. He sells, mortgages, or, in any other manner encumbers said real property d. Such sale, mortgage, or encumbrance is (a) without express authority from the court, or (b) made before the cancellation of his bond, or (c) before being relieved from the obligation contracted by him 1. Offender takes advantage of the inexperience or emotions or feelings of a minor 2. Induces such minor (a) to assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right 3. Consideration is (a) some loan of money, (b) credit or (c) other personal property 4. Transaction is to the detriment of such minor Other Deceits: 1. Defrauding or damaging another by any other deceit not mentioned in the preceding articles 2. Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the credulity of the public in any other similar manner, for profit or gain Acts Punishable: 1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of execution of the mortgage, without the written consent of the mortgagee or his executors, administrators or assigns 2. By selling or pledging personal property already pledged, or nay part thereof, under the terms of the Chattel Mortgage Law,

c.

d. 1.

2. 3.

4.

5.

executed prior to or simultaneously with the commission of the fraud: By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. By altering the quality, fineness or weight of anything pertaining to his art or business. By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty. By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. a. The offender postdated a check, or issued a check in payment of an obligation b. 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 check Fifth Paragraph a. Obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house or apartment house without paying therefore, with intent to defraud the proprietor or manager thereof b. Obtaining credit any of said establishments by the use of false pretenses; or c. Abandoning or surreptitiously removing any part of his baggage from any of said establishments after obtaining credit, food, refreshment or accommodation therein, without paying therefore

317 Swindling a Minor

316 Other Forms of

Through any of the following fraudulent means: 1. Inducing the Signing of any Document. a. Induced offender party to sign a document b. Deceit be employed to make him sign c. Offended party personally signed document d. Prejudice was caused 2. By resorting to some fraudulent practice to insure success in a gambling game. 3. Concealment of Records a. A court record, office files, documents or any other papers b. Offender removed, concealed or destroyed any of them c. Offender had intent to defraud another Other Forms of Swindling: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber

318 Other Deceits

319 Removal, Sale or Pledge of Mortgaged Property

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 33 of 41
without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located Repealed by PD 1613 Amending the Law on Arson 1. Offender deliberately caused damage to the property of another 2. Such act does not constitute arson or other crimes involving destruction 3. The act of damaging anothers property be committed merely for the sake of damaging it. (presupposes that the offender acted due to hate, revenge or other motive) Special Cases of Malicious Mischief: 1. Causing damage to obstruct the performance of public functions 2. Using any poisonous or corrosive substance 3. Spreading any infection or contagion among 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 Other Mischiefs Penalties range according to value of damage Electric wires, traction cables, signal system, and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system 1. 2. Destroy or damage statues or any other useful or ornamental public monuments Destroy or damage any useful or ornamental painting of a public nature

320-326B 327 Who Are Liable for Malicious Mischief

328 Special Cases of Malicious Mischief (Qualified Malicious Mischief)

329 330 Damage and Obstruction to Means of Communica tion 331 Destroying/ Damaging Statues, Public Monuments, or Paintings 332 Persons Exempt from Criminal Liability

Exemptions: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line 2. Widowed spouse with respect to property which belonged to the deceased spouse before the same shall have passed into the possession of another a. Property belongs to deceased spouse b. Not passed into the possession of a 3rd person 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together Exception: not applicable to strangers participating in the commission of the crime

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 34 of 41 TITLE XI: CRIMES AGAINST CHASTITY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Adultery Concubinage Acts of Lasciviousness Qualified Seduction Simple Seduction Acts of Lasciviousness with Consent Corruption of Minors White Slave Trade Forcible Abduction Consented Abduction
Crime 333 Who are Guilty of Adultery 334 Concubinage 1. 2. Elements Woman is married Sexual intercourse with a man not her husband 3. That as regards the man with whom she has sexual intercourse, he must know her to be married Ways of Committing Crime: 1. By keeping a mistress in the conjugal dwelling; or 2. By having sexual intercourse, under scandalous circumstances, with a woman not his wife; or 3. By cohabiting with her in any other place Elements: 1. That the man must be married 2. That he committed any of the said acts 3. That as regards the woman, she must know him to be married Elements: 1. Any act of lasciviousness or lewdness 2. Against a person of either sex 3. Done under any of the following circumstances: a. By using force or intimidation b. When offended party is deprived of reason or otherwise unconscious c. By means of fraudulent machination or grave abuse of authority d. When offended party is under 12 years of age or is demented Two Classes: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc. a. Offended party is a virgin, which is presumed if she is unmarried and of good reputation b. Over 12 and under 18 years of age c. Offender has sexual intercourse with her d. Abuse of authority, confidence or relationship on the part of the offender 2. Seduction of a sister by her brother, or descendant by ascendant, regardless of her age or reputation Offenders in qualified seduction: a. Those who abused their authority: person in public authority, guardian, teacher, person who, in any capacity, is entrusted with the education or custody of the woman seduced b. Those who abused confidence reposed in them: priest, house servant, domestic c. Those who abused their relationship: brother who seduced his sister, ascendant who seduced his descendant 338 Simple Seduction 339 Acts of Lasciviousn ess with Consent of Offended Party 340 Corruption of Minors 341 White Slave Trade 342 Forcible Abduction 343 Consented Abduction 344 Prosecution of Crimes of Adultery, Concubinage, Abduction, Rape, and Acts of Lasciviousness 1. Offended party is over 12 and under 18 years of age 2. Of good reputation, single or widow 3. Offender has sexual intercourse with her 4. Committed by means of deceit 1. Offender commits acts of lasciviousness 2. Committed upon a woman who is a virgin or single or 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. Offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit 1. Offender is person under age 2. Person promotes or facilitates prostitution or corruption of person under age 3. Purpose is to satisfy lust of another Acts Penalized: 1. Engaging in business of prostitution 2. Profiting by prostitution 3. Enlisting services of women for prostitution 1. Person abducted is any woman, regardless of her age, civil status, or reputation 2. Abduction is against her will 3. Abduction is with lewd designs 1. Offender must be a virgin 2. Over 12 and under 18 years of age 3. Taking away must be with her consent after solicitation or cajolery from the offender 4. Taking away must be with lewd designs 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended party 2. Seduction, abduction or acts of lasciviousness must be prosecuted upon complaint signed by: a. Offended party, b. Her parents, c. Grandparents, or d. Guardians Pardon 1. Adultery or Concubinage bars prosecution of crime effective if made: a. Before institution of the criminal action, and b. Both offenders must be pardoned by both parties 2. Acts of Lasciviousness, Seduction and Abduction bars prosecution of crime a. must be EXPRESS b. Before the institution of criminal action Seduction or Abduction: 1. To indemnify the offended woman 2. To acknowledge offspring, unless the law should prevent him form doing so 3. In every case, to support the offspring Adultery or Concubinage Indemnify damages caused to offended spouse Persons Liable cooperate as accomplices but are punished as principals: 1. Ascendants 2. Guardian 3. Curators 4. Teachers, and 5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship

336 Acts of Lasciviousn ess

337 Qualified Seduction

345 Civil Liability of Persons Guilty of Crimes Against Chastity 346 Liability of Ascendants, Guardians, Teachers or Other Persons Entrusted with Custody

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 35 of 41

TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Crime 347 Simulation of Births Elements Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status a. Child must be legitimate (and a fully developed and living being) b. Offender conceals or abandons such child c. Offender has the intent to cause such child to lose its civil status Usurpation of Civil Status: when a person represents himself to be another and assumes filiation or parental or conjugal rights of such another person Qualifying Circumstance: purpose of defrauding offended party or heirs 1. That the offender has been legally married 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the CC 3. That he contracts a second or subsequent marriage 4. That the second or subsequent marriage has all the essential requisites for validity Differentiate Concubinage from Bigamy: 1. Bigamy is an offense against the civil status which may be prosecuted at the instance of the State; Concubinage is a crime against chastity and may be prosecuted only at the instance of the offended party 2. Bigamy is characterized by the celebration of the 2nd marriage with the first still existing; Concubinage is characterized by mere cohabitation of the husband with a woman 350 Marriage Contracted Against Provision of Law 351 Premature Marriages 1. 2. That the offender contracted marriage That he knew at the time that: a. requirements of law not complied with; or b. the marriage was in disregard of a legal impediment

348 Usurpation of Civil Status

349 Bigamy

352 Performance of Illegal Marriage Ceremony

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, who, her marriage having been annulled or dissolved, married before her delivery or before the expiration of the period of 301 days after the date of legal separation Persons Liable: Priests or ministers of any religious denomination or sect, or civil authorities

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 36 of 41 TITLE XIII: CRIMES AGAINST HONOR
Crime 353-355 Libel by Means of Writing or Similar Means 1. 2. 3. 4. 5. Elements Imputation of crime, vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance Imputation must be made publicly Malicious Natural or juridical person, or one who is dead Imputation must tend to cause the dishonor, discredit or contempt of the person defamed. Prohibiting Publication of Acts Referred to in the Course of Official Proceedings 358 Slander manager of a newspaper daily or magazine That he publishes facts connected with the private life of another That such facts are offensive to the honor, virtue, and reputation of said person

2. 3.

Slander oral defamation Two Kinds: 1. Simple Slander 2. Grave Slander 1. That the offender performs any act not included in any other crime against honor 2. That such act is performed in the presence of other person or persons 3. That such act casts dishonor, discredit or contempt upon the offended party Slander by Deed crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person Kinds of Slander 1. Simple Slander by Deed 2. Grave Slander by Deed 1. Person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means 2. The author or editor of a book or pamphlet 3. The editor or business manager of a daily newspaper magazine or serial publication 4. The owner of the printing plant which publishes a libelous article with his consent and all other person who in any way participate in or have connection with its publication Venue when one is a public officer 1. With office in Manila CFI of Manila or city; or province where the libelous article is printed and first published 2. Does not hold office in Manila CFI of province or city where he held office at time of commission of offense; or where printed and first published Proof of Truth is Admissible in any of the Following: 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 act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties. Requisites of Defense of Defamation: 1. If it appears that the matter charged as libelous is true proof of truth in defamation is limited to: a. Act or omission constituting a crime b. Act or omission of a public officer which, although not constituting a crime, is related to the discharge of his duties 2. It was published with good motives court shall determine this by taking into consideration intention and other circumstances of each particular case 3. And for justifiable ends Libelous Remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall NOT exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

Defamatory Imputation: imputation may cover: 1. Crime allegedly committed by the offended party 2. Vice or defect, real or imaginary, of offended party 3. Any act, omission, condition, status of, or circumstances relating to the offended party Libel public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead Imputation sufficient if it causes: 1. Dishonor (disgrace/shame/ignominy); 2. Discredit (loss of credit/reputation, disesteem); or 3. Contempt (state of being despised) of natural or juridical person; or 4. Blacken memory of one who is dead Malice is Not Presumed in the Following: 1. Private communication made by person to another in performance of any legal, moral or social duty a. Person who made communication had a legal, moral or social duty to make communication, or, at least, he had an interest to be upheld b. The communication is addressed to an officer or a board, or superior, having some interest or duty in the matter c. The statements in the communication are made in good faith without malice (in fact) 2. Fair and True Report a. That it is a fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other official proceedings which are not of confidential nature, 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 b. That it is made in good faith c. That it is without comments or remarks Libel May be Committed: writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means Acts Punished: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family 2. By offering to prevent the publication of such libel for compensation, or money consideration 1. That the offender is a reporter, editor or

359 Slander by Deed

360 Persons Responsible

354 Requiremen t for Publicity

361 Proof of Truth

355 Libel By Means of Writings or Similar Means 356 Threatening to Publish and Offer to Prevent Such Publication 357

362 Libelous Remarks

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2) Page 37 of 41
363 Incriminatin g Innocent Person 364 Intriguing Against Honor 1. 2. That the offender performs an act 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. Intriguing against honor is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person