Beruflich Dokumente
Kultur Dokumente
Treason118
118 Art. 114 Treason: breach of allegiance to the government, committed by a person who owes allegiance to it. Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. Treason cannot be committed in times of peace, only in times of war actual hostilities. But no need for declaration of war Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy). Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war. No such thing as attempted treason; mere attempt consummates the crime Giving aid or comfort material element, enhances forces of the enemy country. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitors country or that which weaken and tend to weaken the power of the same. Adherence and giving aid or comfort must concur together. But membership in the police force during the occupation is not treason. Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances surrounding the act. Treason is a continuing crime. Even after the war, offender can be prosecuted.
Espionage123
123 Art. 117 Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship. a. Entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. b. Disclosing to the representative of a foreign nation the contents of the articles, data, or information mentioned, which he had in his possession by reason of the public office holds.124 124 Purpose: to gather data Not necessary that Philippines is at war with the country to which the information was revealed. What is important is that the information related is connected with the defense system of the Philippines. Wiretapping is NOT espionage if the purpose is not something connected with the defense.
Misprision of treason122
122 Art. 116 Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission To report within a reasonable time depends on time, place and circumstance the RPC did not fix time. RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP Director? Judge Pimentel says any govt official of the DILG is OK. a. The offender must be owing allegiance to the government, and not a foreigner b. He has knowledge of any conspiracy (to commit treason) against the government c. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.
Violation of neutrality126
126 Art. 119 Govt must have declared the neutrality of the Phil in a war between 2 other countries It is neutrality of the Phil that is violated Congress has the right to declare neutrality a. There is war in which the Philippines is not involved b. There is a regulation issued by competent authority for the purpose of enforcing neutrality c. The offender violates such regulation.
Piracy130
130 Art. 122 Two (2) Ways of Committing Piracy: a. By attacking or seizing a vessel on the high seas or in the Philippine waters (P.D. 532) b. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its complement or passengers Piracy in high seas jurisdiction is with any court where offenders are found or arrested Piracy in internal waters jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law, piracy is part of robbery and theft a. A vessel is on the high seas131/Philippine waters 131 Any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign govt b. The offenders are not members of its complement or passengers of the vessel c. The offenders 1. attack or seize that vessel132 or 132 if committed by crew or passengers, the crime is not piracy but robbery in the high seas 2. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement
Qualified piracy133
133 Art. 123 Parricide/infanticide should be included (Judge Pimentel) Murder/rape/homicide/physical injuries must have been committed on the passengers or complement a. Offenders seized a vessel by boarding or firing upon the same b. They have abandoned their victims without means of saving themselves c. The crime is accompanied by murder, homicide, physical injuries, or rape.134 134 The above may result to qualified mutiny
a. Piracy136
136 The penalty is reclusion temporal in its medium and maximum periods. If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty is reclusion perpetua. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty is death.
b. Highway Robbery/Brigandage137
137 The penalty is reclusion temporal in its minimum period. If physical injuries or other crimes are committed during or on the
e. Kidnapping and Serious Illegal Detention147 147 Art. 267 f. Crimes Involving Destruction,148 or under 148 Art. 324 1. The Law on Arson149 149 P. D. No. 1613 2. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990150 150 R. A. No. 6969 3. Atomic Energy Regulatory and Liability Act of 1968151 151 R. A. No. 5207 4. Anti-Hijacking Law152 152 R. A. No. 6235 5. Anti-Piracy and Anti-Highway Robbery Law of 1974;153 and, 153 P. D. No. 532 6. Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Ammunitions or Explosives.154 154 P. D. No. 1866, as amended thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism.155
b) Anti-Hijacking Law139
139 P.D. 6235 i) Punishable acts140 140 Sec. 1 a. Any person who compels a change in the course or destination of an aircraft of Philippine registry, or to seize up or usurp the control thereof, while it is in flight141. 141 An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. b. Any person who compels an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control
Expulsion166
166 Art. 127 2 acts punishable: a. by expelling a person from the Philippines b. by compelling a person to change his residence The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion. Does not include undesirable aliens; destierro; or when sent to prison If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address. a. Offender is a public officer or employee b. He expels any person from the Philippines, or compels a person to change his residence c. He is not authorized to do so by law
Delaying release165
165 Art.126 Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation a. Offender is a public officer or employee b. 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 c. Offender without good reason delays:
Violation of domicile167
167 Art. 128 If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280). When a public officer searched a person outside his dwelling without a search warrant and such person is not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot
a. Offender is a public officer employee b. He procures a search warrant c. There is no just cause Abuse in the service of the legally obtained
or
a. Offender is a public officer or employee b. He has legally procured a search warrant c. He exceeds his authority or uses unnecessary severity in executing the same
Search warrants maliciously obtained and Abuse in the service of those legally obtained 168 168 Article 129
Abuse in the service of warrant or exceeding authority or using unnecessary severity in executing a search warrant legally procured Search warrant is valid for 10 days from its date Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a public officer, commanding him to search for personal property described therein and bring it before the court No just cause warrant is unjustified Search limited to what is described in the warrant, all details must be with particularity
174 for this element, no need of religious ceremony, only the place is material 2. during the celebration of any religious ceremony b. The acts must be notoriously offensive to the feelings of the faithful175 175 deliberate intent to hurt the feelings c. Offender is any person d. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet Crime Prohibitio n, Interrupti on and Dissoluti on of Peaceful Meeting Interrupti on of Religious Worship Nature of Crime Crime against the fundament al law of the state Crime against the fundament al law of the state Who are Liable Public officers, Outsiders If Element Missing If not by public officer = tumults Interruption of If by insider = unjust vexation If not religious = tumult or alarms If not notoriously offensive = unjust vexation Offending the If not tumults = alarms and scandal If meeting illegal at onset = inciting to sedition or rebellion
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Rebellion or insurrection186
186 Art. 134 Success is immaterial, purpose is always political. Rebellion used where the object of the movement is completely to overthrow and supersede the existing government. Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of govt authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the govt, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the govt Purpose of the uprising must be shown but it is not necessary that it be accomplished. A change of government w/o external
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San Beda 2012BarReviewerinCriminalLaw Conspiracy to commit rebellion or insurrection189 189 Art. 136
a. 2 more persons come to an agreement to rise publicly and take arms against the government b. For any of the purposes of rebellion c. They decide to commit it
Sedition193
193 Art. 139 Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. Difference from rebellion purpose of the surprising. object or
For sedition sufficient that uprising is tumultuous. In rebellion there must be taking up of arms against the government. Sedition purpose may be either political or social. In rebellion always political Tumultuous caused by more than 3 persons who are armed or provided with means of violence. Preventing public officers from freely exercising their functions In sedition offender may be a private or public person (Ex. Soldier).Public uprising and the object of sedition must concur Persons liable for sedition: a. leader of the sedition, and b. other persons participating in the sedition a. Offenders rise 1. Publicly194 194 if no public uprising = tumult and other disturbance of public order
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Inciting to sedition197
197 Art. 142 Acts punished: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.; 2. Uttering seditious words or speeches which tend to disturb the public peace; 3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace. Different acts of inciting to sedition: a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of
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Disturbance of proceedings201
201 Art. 144 Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt a. There be a meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board b. Offender does any of the following acts: 1. he disturbs any of such meetings 2. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it
Illegal assemblies204
204 Art. 146 Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. the organizers or leaders of the meeting b. persons merely present at the meeting (except when presence is out of curiosity not liable) Responsibility of persons merely present at the meeting a. if they are not armed, penalty is arresto mayor b. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. purpose of the meeting is to commit acts punishable under the RPC b. considered as leader or organizer of the meeting a. Meeting of the first form
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Illegal associations205
205 Art. 147 Persons liable: a. founders, directors and president of the association b. mere members of the association a. Organized totally or partially for the purpose of committing any of the crimes in RPC b. Or for some purpose contrary to public morals
Direct assault206
206 Art. 148 Direct assault cannot be committed during rebellion. Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed. Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands). The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun). Even when the person in authority or the agent agrees to fight, still direct assault. When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense. There can be no assault upon or disobedience to one
Indirect assault211
211 Art. 149
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Disobedience to summons212
212 Art. 150 a. Refusing without legal excuse to obey summons b. Refusing to be sworn or placed under affirmation c. Refusing to answer any legal inquiry to produce books, records etc. d. Restraining another from attending as witness in such body e. Inducing disobedience to a summons or refusal to be sworn
Resistance and disobedience to a person in authority or the agent of such person213 213 Art. 151, par. 1
Persons in authority/Agents of persons in authority (Art. 152) Person in Authority any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. a. Barangay captain b. Barangay chairman c. Teachers d. Professors
a. A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. b. Offender resists or seriously disobeys such person in authority or his agent.
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Simple disobedience214
214 Id., par 2 a. Offender disobeys such agent of a person in authority. b. Such disobedience is not of a serious nature.
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a. Offender is a convict by final judgment. b. He is serving his sentence which consists in deprivation of liberty223 223 destierro included c. He evades the service of his sentence by escaping during the term if his sentence.224 224 fact of return immaterial
Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes or other calamities225
225 Art. 158 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months. Offender must escape to be entitled to allowance Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt Disarming the guards is not mutiny a. Offender is a convict by final judgment who is confined in a penal institution. b. There is disorder, resulting from1. conflagration, 2. earthquake, 3. explosion, or 4. similar catastrophe, or
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Counterfeiting, importing, and uttering instruments not payable to bearer239 239 Art. 167
a. There be an instrument payable to order or other document of credit not payable to bearer. b. Offender either forged, imported or uttered such instruments. c. That in case of uttering, he connived with the forger or importer
Illegal possession and use of false treasury or bank notes and other instrument of credit240
240 Art. 168 Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes a. Any treasury or bank note or certificate or other obligation and security payable to bearer, or anyinstrument payable to order or other document of credit not payable to
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Forgery241
241 Article 169 Forgery under the Revised Penal Code applies to papers, which are in the form of obligations and securities issued by the Philippine government as its own obligations, which is given the same status as legal tender. Generally, the word counterfeiting is not used when it comes to notes; what is used is forgery. Counterfeiting refers to money, whether coins or bills.Notice that mere change on a document does not amount to this crime. The essence of forgery is giving a document the appearance of a true and genuine document. Not any alteration of a letter, number, figure or design would amount to forgery. At most, it would only be frustrated forgery. When what is being counterfeited is obligation or securities, which under the Revised Penal Code is given a status of money or legal tender, the crime committed is forgery. Distinction between falsification and forgery Falsification is the commission of any of the eight acts mentioned in Art. 171 on legislative, public or official, commercial, or private documents, or wireless, or telegraph messages. The term forgery as used in Art. 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order. a. By giving to a treasury or bank note or anyinstrument payable to bearer or to order, the appearance of a true and genuine document b. By erasing, substituting, counterfeiting, altering by any means
Art. 171
a. Offender is a public officer, employee, or notary public. b. He takes advantage of his official position. c. He falsifies a document by committing any of the following acts: 1. Counterfeiting or imitating any handwriting, signature or rubric. Requisites: i. There be an intent to imitate, or an attempt to imitate
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a. Offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in Art. 171. b. The falsification was committed in any private document c. The falsification caused damage251 to a third party or at least the falsification was committed with intent to cause such damage. essential element; hence, no crime of estafa thru falsification of private document
251
Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages254
254 Art. 173 The public officer, to be liable, must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message
1. Uttering fictitious, wireless, telegraph or telephone message a. Offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or
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258
Art. 175
a. A physician or surgeon has issued a false medical certificate, or a public officer has issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates. b. Offender knew that the certificate was false. c. He used the same.
176 The implement confiscated need not form a complete set Constructive possession is also punished a. Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for counterfeiting or falsification b. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person
Falsification of medical certificates, certificates of merit or service and the like256 256 Art. 174
a. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate257 257 Such certificate must refer to the illness or injury of a person
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Art. 178 What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. His only motive in doing so is to conceal his identity. In concealment of true name, the deception is done momentarily, just enough to conceal the name of the offender. In the use of fictitious name, the offender presents himself before the public with another name. A person under investigation by the police who gives a false name and false personal circumstances, upon being interrogated, is guilty of this crime.
263
a. Offender uses a name other than his real name. b. He uses that fictitious name publicly. c. Purpose of the offender is 1. to conceal a crime, 2. to evade the execution of a judgment, or 3. to cause damage to public interest.264 264 ex. Signing fictitious name for a passport a. Offender conceals 1. his true name, and 2. all other personal circumstances. 3. that the purpose is only to conceal his identity.
Art. 179
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Art. 182 Not applicable when testimony given in a special proceeding (in this case, the crime is perjury) a. The testimony must be given in a civil case. b. The testimony must relate to the issues presented in said case. c. The testimony must be false. d. The false testimony must be given by the defendant knowing the same to be false.
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There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. Bella David). There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate. Because of the nature of perjury, which is the willful and corrupt assertion of a falsehood, there is no perjury committed through reckless imprudence or simple negligence under Article 365. Since admittedly perjury can only be committed by means of dolo, then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient. If there is no requirement of law to place the statement or testimony under oath, there is no Perjury considering the phrases oath in cases in which the law so requires in Article 183.
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1. Combination to prevent free competition in the market a. Entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise; b. In restraint of trade or commerce or to prevent by artificial means free competition in the market. 273 273 It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade 2. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or a. By monopolizing any merchandise or object of trade or commerce, or by combining with any other person or persons to monopolize said merchandise or object; b. In order to alter the prices thereof by spreading false rumors or making use of any other artifice; c. To restrain free competition in the market.
Art. 185
a. There be a public auction. b. Accused solicited any gift or a promise from any of the bidders. c. Such gifts or promise was the consideration for his refraining from taking part in that public auction. d. Accused had the intent to cause the reduction of the price of the thing auctioned.
free
person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise.274
Person/s liable: a. manufacturer b. producer c. processor d. importer Crime is committed by: a. combining b. conspiring c. agreeing with another person Also liable as principals: a. corporation/association b. agent/representative c. director/manager who willingly permitted or failed to prevent commission of above offense
274
of such fact may be seriously considered as a defense. What the law punishes herein is the selling of misbranded goods made of gold, silver and other precious metals. Therefore, it must be shown that the seller knows that the merchandise is misbranded. Hence, dishonesty is an essential element of the crime. provision shall be a ground for the automatic disqualification of the bid in consonance with Section 30 of this Act.
a. Manufacturer, producer, processor or importer of any merchandise or object of commerce; b. Combines, conspires or agrees with any person; c. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys275
Art. 187 To be criminally liable, it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed, the existence
275
a. Offender imports, sells or disposes of any of those articles or merchandise. b. The stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. c. Offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys.
a. The New Public Bidding Law 276 276 R.A. 9184 1) Prohibited acts (a) Public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years: 1. Open any sealed Bid, including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents, prior to the appointed time for the public opening of Bids or other documents. 2. Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of Bids or other documents. 3. Unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular bidder.
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When any of the foregoing acts is done in collusion with private individuals, the private individuals shall likewise be liable for the offense. In addition, the public officer involved shall also suffer the penalty of temporary disqualification from public office, while the private individual shall be permanently disqualified from transacting business with the government. (b) Private individuals who commit any of the following acts, including any public officer,
who conspires with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years: 1. When two or more bidders agree and submit different Bids as if they were bona fide, when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the prearranged lowest Bid. 2. When a bidder maliciously submits different Bids through two or more persons, corporations, partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. 3. When two or more bidders enter into an agreement which call upon one to refrain from bidding for Procurement contracts, or which call for withdrawal of bids already submitted, or which are otherwise intended to secure as undue advantage to any one of them. 4. When a bidder, by himself or in connivance with others, employ schemes which tend to restrain the natural rivalry of the parties or operates to stifle or uppress competition and thus produce a result disadvantageous to the public. In addition, the persons involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government. (c) Private individuals who commit any of the following acts, and any public officer conspiring with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but more than fifteen (15) years: 1. Submit eligibility requirements of whatever kind and nature that contain false information or falsified documents calculated to influence the outcome of the eligibility screening process or conceal such information in the eligibility requirements when the information will lead to a declaration of ineligibility from participating in public bidding. 2. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents, in order to influence the outcome of the public bidding.
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purposes and in athletic events where the use of pseudonym is a normally accepted practice.
C.A. 142
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14. Any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. iii) Attempt or conspiracy, effect on liability Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical; (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and (e) Cultivation or culture of plants which are sources of dangerous drugs.301 301 Sec. 26. (iv) Immunity from prosecution and punishment Any person who has violated Sections 7, 11, 12, 14, 15, and 19, 302 302 id. Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, 303
303
id.
Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described
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Grave scandal305
Art. 200 Grave scandal: consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty, good taste, etc Customs: refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of
305
a. Those who publicly expound or proclaim doctrines that are contrary to public morals b. Authors of obscene literature, published with their knowledge in any form c. Editors publishing such obscene literature
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Art. 202
a. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. Persons found loitering around public and semipublic places without visible means of support c. Persons tramping or wandering around the country or the streets with no visible means of support d. Idle or dissolute persons lodging in houses of illfame e. Ruffians or pimps and those who habitually associate with prostitutes309 309 may include even the rich f. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason provided the act does not fall within any other article of the RPC. Women who habitually indulge in sexual intercourse or lascivious conduct for money or profit310 if a man indulges in the same conduct: vagrancy
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Direct bribery322
322 Art. 210 For purposes of this article, temporary performance of public functions is sufficient to
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Indirect bribery327
327 Art. 211 The gift is given in anticipation of future favor from the public officer. There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer. There is no attempted or frustrated indirect bribery. The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under P.D. 46. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service.
The third type of bribery and prevaricacion are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This is not necessary in prevaricacion.
a. Offender be a public officer within the scope of Art 203.323 b. Offender accepts an offer or promise or receives a gift or present by himself or through another 323 supra 322 c. Such offer or promise be accepted or gift/present received by the public officer324 324 mere agreement consummates the crime 1. with a view to committing some crime325 or 325 delivery of consideration is not necessary 2. in consideration of an execution if an act
a. Offender is a public officer. b. He accepts gifts. c. Said gifts are offered to him by reason of his office.
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Illegal exactions332
332 Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection (damage to govt is not required). If sums are received without demanding the same, a felony under this article is not committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect bribery. When there is deceit in demanding larger fees, the crime committed is estafa. May be complexed with malversation. Officers and employees of the BIR or Customs are not covered by the article. The NIRC of Administrative Code is the applicable law
a. Offender makes offers or promises or gives gifts or present to a public officer. b. He offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery
a. Offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts. b. He is guilty of any of the following acts or omissions: 1. demanding, directly or indirectly the payment of sums different from or larger than those authorized by law, or 2. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or 3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law. Other frauds333 333 Art. 214 RTC has jurisdiction over the offense because the principal penalty is disqualification a. Offender is a public officer. b. He takes advantage of his official position. c. He commits any of the frauds or deceits enumerated in Arts. 315 and 316.334
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Prohibited transactions335
335 Art. 215 Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc. wherein one hopes to take advantage of an expected rise or fall in price. Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation. a. Offender is an appointive public officer. b. He becomes interested, directly or indirectly, in any transaction of exchange or speculation. c. The transaction takes place within the territory subject to his jurisdiction. He becomes interested in the transaction during his incumbency.
Actual fraud is not necessary. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents.
a. Public officer in any contract or business in which it is his official duty to intervene. b. Experts, arbitrators and private accountants in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. c. Guardians and executors with respect to property belonging to their wards or the estate.
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a. Offender be a public officer338 338 or private person if entrusted with public funds or connived with public officers b. He had the custody or control of funds or property339 339 If not accountable for the funds, theft or qualified theft c. Those funds or property were public funds or property340 340 Even if private funds if attached, seized, deposited or commingled with public funds d. He: 1. Appropriated the funds or property 2. Took or misappropriated them 3. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property.341 341 It is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed.
Failure of accountable officer to render accounts342 342 Art. 218 Demand and misappropriation are not necessary
a. Offender is a public officer, whether in the service or separated therefrom. b. He must be an accountable officer for public funds property. c. He is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor. d. He fails to do so for a period of two months after such accounts should be rendered.
Illegal use of public funds or property344 344 Art. 220. Technical malversation. To distinguish this article with Art. 217, just remember that in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance.
a. Offender is a public officer. b. He must be an accountable officer for public funds or property. c. He must have unlawfully left345 345 or be on the point of leavingthe Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. d. He applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance
Failure of a responsible public officer to render accounts before leaving the country343 343 Art. 219
The act of leaving the Philippines must be unauthorized or not permitted by law a. Offender is a public officer.
2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual
a. Offender has govt funds or property in his possession
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Escape of prisoners under the custody of a person not a public officer351 351 Art. 225
This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested a. Offender is a private person352 352 must be on duty b. The conveyance or custody of a prisoner or person under arrest is confined to him. c. The prisoner or person under arrest scapes. d. Offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence
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1. By reason of his official capacity a. Offender is a public officer. b. He knows of a secret by reason of his official capacity. c. He reveals such secret without authority or justifiable reasons. d. Damage, great or small, be caused to the public interest.
2. Delivering wrongfully papers or copies of papers of which he may have charge 357 and which should not be published: 357 Charge: means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article. If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents. Damage is essential to the act committed.
a. Offender is a public officer. b. He has charge of papers. c. Those papers should not be published. d. He delivers those papers or copies thereof to a third person. e. The delivery is wrongful. f. Damage be caused to public interest.
Public officer revealing secrets of private individual358 358 Art. 230 Revelation to one person is sufficient. If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney). Damage to private individual is not necessary
a. Offender is a public officer b. He knows of the secret of a private individual by reason of his office.
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Refusal to discharge elective office362 362 Art. 234 Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render.
a. Offender is elected by popular election to a public office. b. He refuses to be sworn in or discharge the duties of said office. c. There is no legal motive for such refusal to be sworn in or to discharge the duties of said office.
Disobedience to order of superior officer when said order was suspended by inferior officer360 360 Art. 232
A public officer is not liable if the order of the superior is illegal a. Offender is a public officer. b. An order is issued by his superior for execution. c. He has for any reason suspended the execution of such order. d. His superior disapproves the suspension of the execution of the order. e. Offender disobeys his superior despite the disapproval of the suspension.
Maltreatment of prisoners363 363 Art. 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while. Offender may also be held liable for physical injuries or damage caused.
a. Offender is a public officer or employee. b. He has under charge a prisoner or detention prisoner364 364 otherwise the crime is physical injuries c. He maltreats such prisoner in either of the following manners: 1. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either i. by the imposition of punishments not authorized by the regulations, or ii. by inflicting such punishments365 365 those authorized in a cruel and humiliating manner, or 2. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.
Demand is necessary.
Prolonging performance of duties and powers367 367 Art. 237 The article contemplates officers who have been suspended, separated or declared overaged or dismissed.
a. Offender is holding a public office. b. The period provided by law, regulations or special provisions for holding such office has already expired. c. He continues to exercise the duties and powers of such office.
municipality
a. Offender is an officer of the executive branch of the government. b. He 1. assumes judicial powers, or 2. obstruct the execution of any order decision rendered by any judge within his jurisdiction.
Unlawful appointments374
374 Art. 244 Recommending, knowing that the person recommended is not qualified is not a crime. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office. a. Offender is a public officer. b. He nominates or appoints a person to a public office. c. Such person lacks the legal qualification therefor. d. Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.
Certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. ii) Punishable acts a. Any public officer who shall perform any of the following acts: 1. 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. 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. 3. 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 of capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to be given. 4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. 5. 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 official, administrative or judicial function through manifest partiality, evident bad faith
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Parricide394
394 Art. 246
The relationship of the offender with the victim is the essential element of the felony. Parents and children are not included in the term ascendants or descendants. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate. The child should not be less than 3 days old. Otherwise, the offense is infanticide. Relationship must be alleged. A stranger who cooperates in committing parricide is liable for murder or homicide. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship.
a. A person is killed. b. The deceased is killed by the accused. c. The deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused.
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San Beda 2012BarReviewerinCriminalLaw Article does not define or penalize a felony. Not necessary that the parent be legitimate. Article applies only when the daughter is single. Surprise: means to come upon suddenly or unexpectedly. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, it is enough that circumstances reasonably show that the carnal act is being committed or has been committed. Sexual intercourse does not include preparatory acts. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of one continuous act. The killing must be the direct by-product of the rage of the accused. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony.
a. A legally married person or parent surprises his spouse or daughter396 in the act of committing sexual intercourse with another person 396 the latter must be under 18 and living with them b. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter c. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse. will exist with only one of the circumstances. The other circumstances are absorbed or included in one qualifying circumstance. They cannot be considered as generic aggravating circumstances. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances. Treachery and premeditation are inherent in murder with the use of poison a. A person was killed. b. The accused killed him. c. The killing was attended by any of the following qualifying circumstances: 1. with treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity 2. in consideration of price, reward or promise 3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin 4. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity 5. with evident premeditation 6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse, 7. The killing is not parricide or infanticide.
Homicide398
398 Art. 249 Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide. There is no crime of frustrated homicide through negligence. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide In all crimes against persons in
Murder397
397 Art. 248 The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder. Murder
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Discharge of firearms402
402 Art. 254
The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article. A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun against the house of the offended party at random, not knowing in what part of the house the people were, it is only alarm under Art. 155. Usually, the purpose of the offender is only to intimidate or frighten the offended party Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as 52
San Beda 2012BarReviewerinCriminalLaw it was initially aimed at or against the offended party. a. Offender discharges a firearm against or at
another person. b. Offender has no intention to kill that person.
405 Art. 257 Unintentional abortion can also be committed through negligence. The accused can only be held liable if he knew that the woman was pregnant. If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does not apply. a. There is a pregnant woman. b. Violence is used upon such pregnant woman without intending an abortion. c. The violence is intentionally exerted. d. As a result of the violence that fetus dies, either in the womb or after having been expelled therefrom.
Infanticide403
403 Art. 255 When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal. There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed a. A child was killed. b. The deceased child was less than three (3) days (72 hours) of age. c. The accused killed the said child.
Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughters dishonor. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for Art. 258.
a. There is a pregnant woman who has suffered an abortion. b. The abortion is intended. c. The abortion is caused by 1. the pregnant woman herself 2. any other person, with her consent, or 3. any of her parents, with her consent for the purpose of concealing her dishonor.
Unintentional abortion405 53
Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind Mayhem: refers to any other intentional mutilation
a. There be a castration i.e. mutilation of organs necessary for generation b. Mutilation is caused purposely and deliberately
Challenging to a duel409
409 Art. 261 Persons liable: 1. Challenger 2. Instigators a. Challenging another to a duel b. Inciting another to give or accept a challenge to a duel c. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel
Mutilation410 54
Less serious physical injuries414 a. Offended party is incapacitated for labor for 10 days or more,415 or needs medical
attendance for the same period of time b. The physical injuries must not be those described in the preceding articles Slight physical
injuries416 a. Incapacitated the offended party for labor from 19 days or required medical attendance during the same period b. Which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance417 c. Ill-treatment of another by deed without causing any injury418 a. Anti-Violence against Women and their Children Act of 2004419 i) Punishable acts The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm;
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56
57
58
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9. Crimes Against Personal Liberty and Security Crimes Elements Kidnapping and serious illegal detention448
a. Offender is a private individual b. He kidnaps or detains another, or in any other manner deprives the latter of his liberty c. The act of detention or kidnapping must be illegal d. In the commission of the offense, any of the following circumstances are present:449 1. Kidnapping/detention lasts for more than 3 days 2. It is committed simulating public authority 3. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or 4. that the person kidna pped or detained is a minor,450 female or a public officer.
b. It is against the will of the minor. c. 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.
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Exploitation of minors465
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 the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wildanimal tamer or circus manager or engaged in a similar calling. 3. Employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings. 4. Delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 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 of the
1. Threatening another with the infliction upon his person, honor or property that of his family of any wrong amounting to a crime and a. Offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong. demanding money or imposing any other condition, even though not unlawful and the offender469 2. Making such threat without the offender attaining his purpose 3. 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 condition470 b. Such wrong amounts to a crime. c. There is a demand for money or that any other condition is imposed, even though not unlawful. d. Offender attains his purpose. a. Offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong. b. Such wrong amounts to a crime. c. The threat is not subject to a condition
Other forms of trespass467 a. Offender enters the closed premises or the fenced estate of
another. b. The entrance is made while either of them is uninhabited. c. The prohibition to enter be manifest. d. The trespasser has not secured the permission of the owner or the caretaker thereof.
b. The wrong does not constitute a crime. c. There is a demand for money or that other condition is imposed, even though not unlawful d. Offender has attained his purpose or, that he has not attained his purpose.
Bond for good behavior472 Other light threats473 a. Person shall threaten another with a weapon, or
draw weapon in a quarrel unless in selfdefense. b. In the heat of anger, person orally threatens another with some harm constituting a crime, without persisting in the idea involved in the threat. Subsequent acts did not persist.
Formation, maintenance, and prohibition of combination of capital or labor through violence or threats477
a. 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 b. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees.
Other similar coercions476 No. 1 a. Offender is any person, agent or officer of any
association or corporation. b. He or such firm or corporation has employed laborers or employees. c. He forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any
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64
65
66
There
be
There is unlawful taking of that property. The taking must be with intent to gain, and There is violence against or intimidation of any person, or force upon anything.
Qualified robbery with violence or intimidation500 Robbery by a band501 a. More than 3 armed malefactors
b. Liability for the acts of the other members of the band 1.he was a member of the band 2. he was present at the commission of a robbery by that band 3. other members of the band committed an assault 4. he did not attempt to prevent the assault502
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San Beda 2012BarReviewerinCriminalLaw Attempted or frustrated robbery with homicide503 Execution of deeds by means of violence or intimidation504
a. Offender has intent to defraud another. b. Offender compels him to sign, execute, or deliver any public instrument or document. c. The compulsion is by means of violence or intimidation. 9. other kind of locked or sealed furniture or 10. receptacle, or 11. 2. Taking such furniture or objects away to be 12. broken or forced open outside the place of the 13. robbery.
Robbery in an uninhabited place and by a band507 Robbery in an uninhabited place or in a private building508
14. a. Offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. b. Any of the following circumstances was present: 1. Entrance was effected through an opening not intended for entrance or egress. 2. A wall, roof, floor, or outside door or window was broken. 3. The entrance was effected through the use of false keys, picklocks or other similar tools. 4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or 5. A closed or sealed receptacle was removed, even if the same be broken open elsewhere. c. With intent to gain, the offender took therefrom personal property belonging to another.
Robbery with force upon things506 a. Offender is inside a dwelling house, public
2. building, or edifice devoted to religious worship, 3. regardless of the circumstances under which he 4. entered it 5. b. Offender takes personal property belonging to 6. another with intent to gain, under any of the 7. following circumstances: 8. 1. Breaking of doors, wardrobes, chests, or any
Robbery of cereals, fruits or fire wood in an uninhabited place or private building509 Illegal possession of picklocks or similar tools510
a. Offender has in his possession picklocks or similar tools. b. Such picklocks or similar tools are specially adopted to the commission of robbery. c. Offender does not have lawful cause for such
a. Genuine key stolen from owner. b. Any key other than those intended by owner for
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Theft of property of the national library and national museum517 Occupation of real property or usurpation of real rights in property518
a. Offender takes possession of any real property or usurps any real rights in property. b. The real property or real rights belong to another. c. Violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. d. There is intent to gain.
c. The taking is done with intent to gain. d. The taking is done without the consent of the owner. e. The taking is accomplished without the use of violence against or intimidation of persons or force upon things.
Estafa in general522
Committed
by
b. With grave abuse of confidence, or c. Property stolen is: 1. motor vehicle 2. mail matter 3. large cattle 4. coconut from plantation 5. fish from fishpond or fishery, or
or
other
personal
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. b. There be misappropriation or conversion of such money or property by the offender, or dental on his part of such receipt. c. Such misappropriation or conversion or dental is to the prejudice of another and d. There is a demand made by the offended party to the offender.
By obtaining food or credit at hotels, inns, restaurants etc. Estafa by inducing another to sign any documents529
a. Offender induced the offended party to sign a document. b. Deceit be employed to make him sign the document. c. The offended party personally signed the document. d. Prejudice be caused.
Swindling by disposing of real property as free from encumbrance, although such encumbrance be not recorded534
a. The thing disposed of be real property. b. Offender knew that the real property was encumbered, whether the encumbrance is recorded or not. c. There must be express representation by the offender that the real property is free from encumbrance. d. The act of disposing of the real property be made to the damage of another.
Swindling by wrongfully taking by the owner his personal from its lawful possessor535
a. Offender is the owner of personal property. b. Said personal property is in the lawful possession of another. c. Offender wrongfully takes it from its lawful possessor. d. Prejudice is thereby caused to the possessor or third person.
c. Temporary prejudice.
or civil action.
Swindling by conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same532
a. The thing be immovable, such as a parcel of land
b. He 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, mortage or encumbrance is 1. without express authority from the court, or
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Arson and other crimes involving destructions542 Arsons of property of small values543
a. An uninhabited hut, storehouse, barn, shed or any other property is burned. b. The value of the property burned does not exceed 25 pesos c. The burning was done at a time or under circumstances which clearly exclude all danger of the
a.
Not
mentioned
fire spreading. Crimes involving destruction544 a. Offender causes destruction of the property
b. The destruction was done by means of: 1. explosion 2. discharge of electric current 3. inundation 4. sinking or stranding of a vessel 5. damaging the engine of the vessel 6. taking up rails from the railway track 7. destroying telegraph wires and posts or those of any other system 8. other similar effective means of destruction.
a. Offender set fire to or destroyed his own property b. The purpose of the offender in doing so was to commit arson or to cause a great destruction c. The property belonging to another was burned or destroyed
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b. He committed any of the following acts: 1. Keeping a mistress in the conjugal dwelling. 2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. 3. Cohabiting with her in any other place. c. As regards the woman, she must know him to be married.
Acts of lasciviousness581 75
San Beda 2012BarReviewerinCriminalLaw a. Offender commits any lasciviousness or lewdness. act of a. Offended party is over 12 and under 18 years of age.
b. She must be of good reputation, single or widow. c. Offender has sexual intercourse with her. d. It is committed by means of deceit.
b. Done under any of the following circumstances: 1. by using force or intimidation, or 2. when the offended party is deprived of reason or otherwise unconscious, or 3. when the offended party is under 12 years of age. c. Offended party is another person of either sex.
Art. 339
Qualified seduction582
Art. 337 Persons liable: 1. Those who abuse their authority: a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entrusted with the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: a. priest b. house servant c. domestic 3. Those who abused their relationship: a. brother who seduced his sister b. ascendant who seduced his descendant
582
a. Offender commits acts of lasciviousness or lewdness. b. The acts are committed upon a woman who is 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. c. Offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.
Corruption of minors587
587
Art. 340
588
Art. 341
1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation.583 583 incestuous seduction a. Offended party is a virgin, which is presumed if she unmarried and of good reputation. b. He must be over 12 and under 18 years of age. d. Offender has sexual intercourse with her. e. There is abuse of authority, confidence or relationship on the part of the offender584 584 person entrusted with education or custody of victim; person in public authority, priest; servant
Forcible abduction589
Art. 342 Sexual intercourse is not necessary. Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction
589
a. The person abducted is any woman, regardless of her age, civil status, or
reputation. b. The abduction is against her will. c. The abduction is with lewd designs.
Simple seduction585
Consented abduction590 76
590
Art. 343
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d. Anti-Violence against Women and their Children Act of 2004607 607 R.A. 9262
i) Punishable acts (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other
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R.A.
80
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable.610 610 Sec. 3
Bigamy614
614 Art. 349 The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party. A simulated marriage is not marriage at all and can be used as a defense for bigamy. There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage.
Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child611
611 Art. 347 Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. The child must be legitimate 2. The offender conceals or abandons such child 3. The offender has the intent to cause the child to lose its civil status a. Child is baptized or registered in the Registry of birth as hers b. Child loses its real status and acquiires a new one c. Actors purpose was to cause the loss of any trace as to the childs true filiation.612 612 Elements of Simulation of Birth
Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence. A judicial declaration of the nullity of a marriage void ab initio is now required. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses. One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice.
a. Offender has been legally married. b. The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code. c. He contracts a second or subsequent marriage. d. The second or subsequent marriage has all the essential requisites for validity.
against
Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud.
a. Offender contracted marriage. b. He knew at the time that 1. the requirement of the law were not complied with, or
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Libel618
618 Art. 353 Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead Kinds of malice: (a) malice in law; (b) malice in fact Malice is presumed to exist in injurious publications. Publication is the communication of the defamatory matter to some third person/s. Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently
1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. Requirement of publicity (Art. 354) Kinds of privileged communication: a. Absolutely privileged not actionable even if the actor has acted in bad faith b.Qualifiedly privileged those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true, if no good intention and justifiable motive for making it is shown. Exception: a. Private communication in performance of legal, moral or social duty b. Fair and true report, made in good faith, without any comments and remarks Persons responsible for Libel (Art. 360) a. A person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means. b. Author or editor of a book or pamphlet c. Editor or business manager of a daily newspaper magazine or serial publication d. Owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz) Venue of criminal and civil action for damages in cases of written defamation:
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a. where the libelous article is printed and 1st published or b. where any of the offended parties actually resides at the time of the commission of the offense Where one of the offended parties is a public officer: a. if his office is in the City of Manila - RTC of Manila or - city/province where the article is printed and 1st published b. Otherwise - RTC of the city/province where he held office at the time of offense or - where the article is 1st published Where one of the offended parties is a private individual: - RTC of province/city where he actually resides at the time of the crime - where article was printed or 1st published a. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances. b. The imputation must be made publicly. c. It must be malicious. d. The imputation must be directed at a natural or juridical person, or one who is dead. e. The imputation must tend to cause the dishonor, discredit or contempt of the person defamed.
Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.
Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. He wrote to the BOD and to Marquez. He caused to publish the second letter. HELD: Letter is not privileged communication. To be classified as such, it must be free from malice. Granting that the letter was privileged communication, written out of a duty of an officer towards the members, such character was lost when it was published (Lacsa v. IAC)
a. Offender is a reporter, editor or manager of a newspaper, daily or magazine. b. He publishes facts connected with the private life of another. c. Such facts are offensive to the honor, virtue and reputation of said person.
Oral defamation/slander623
623 Art. 358 Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Words uttered in the heat of anger constitute light oral defamation. If the utterances were made publicly and were heard by many people and the accused at the same time leveled his finger at the complainant, oral defamation is committed.
Threatening to publish libel and offer to prevent such publication for a compensation620 620 Art. 356
Clearly, just a case of blackmail.621 621 any unlawful extortion of money by threats of accusation and exposure. Possible in light
Seriousness depends on the social standing of offended party, the circumstances surrounding the act, the occasion, etc. 83
a. action of a serious and insulting nature624 624 grave slander b. light insult or defamation not serious in nature625 625 simple slander
a. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases i) Preference of imposition of fine This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel.629 629 under Art. 355 of the RPC The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperative of justice; Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment.
Slander by deed626
626 Art. 359 Libelous remarks (Art. 362) Libelous remarks or comments on privileged matters if made with malice in fact will not exempt the author and editor. a. Offender performs any act not included in any other crime against honor. b. Such act is performed in the presence of other person or persons. c. Such act casts dishonor, discredit or contempt upon the offended party.
Committed by saying to others an unattributable thing; if said to the person himself it is slander. Any person who shall make any intrigue which has for its principal purpose to
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