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Crimes Against National Security


Crimes Elements When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1) separate crimes or (2) as complex with treason. On Citizenship: a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. b. Only Filipino citizens or permanent resident aliens can be held liable c. Alien: with permanent resident status from the BID it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. Ways of proving treason: a. 2 witnesses testifying to same overt act. Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: No. Because the law requires that 2 witnesses see the same overt act. b. Confession of the accused in open court. a. The offender owes allegiance to the Government of the Philippines b. There is a war in which the Philippines is involved. c. The offender either 1. levies war against the govt.119 or 119 1.breach of allegiance 2.actual assembling of men 3.for the purpose of executing a reasonable design 2. adheres to the enemies, giving them aid and comfort120 120 1. breach of allegiance 2.adherence 3. giving aid or comfort to the enemy

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.

Conspiracy to commit treason121 1

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121 Art. 115. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy a. In times of war b. 2 or more persons come to an agreement to 1. levy war against the govt. or 2. adhere to the enemies and to give them aid or comfort, c. They decide to commit it.

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.

Proposal to commit treason


a. In times of war b. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s.

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.

Inciting to war or giving motives for reprisals125


125 Art. 118 Crime is committed in time of peace, intent is immaterial Inciting to war offender is any person Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal. a. The offender performs unlawful or unauthorized acts b. Such acts provoke or give occasion for a war involving or liable to involve

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the Philippines or expose Filipino citizens to reprisals on their persons or property

Flight to enemys country128


128 Art. 121 Mere attempt consummates the crime There must be a prohibition. If none, even if went to enemy country no violation Alien resident may be guilty here. a. There is a war in which the Philippines is involved b. The offender129 129 Filipino or resident alien must be owing allegiance to the government c. The offender attempts to flee or go to enemy country d. Which is prohibited by competent authority

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.

Correspondence with hostile country127


127 Art. 120 Circumstances qualifying the offense: a. notice or information might be useful to the enemy b. offender intended to aid the enemy Hostile country exist only during hostilities or after the declaration of war Correspondence to enemy country correspondence to officials of enemy country even if related to you. It is not correspondence with private individual in enemy country If ciphers were used, no need for prohibition If ciphers were not used, there is a need for prohibition In any case, it must be correspondence with the enemy country Doesnt matter if correspondence contains innocent matters if prohibited, punishable a. In times of war in which the Philippines is involved b. The offender makes correspondence with an enemy country or territory occupied by enemy troops c. The correspondence is either 1. prohibited by the govt., or carried on in ciphers or conventional signs, or 2. containing notice or information which might be useful to the enemy

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

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or passengers or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters. The offenders shall be considered as pirates. Highway Robbery/Brigandage The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway. b) Anti-Hijacking Law139 i) Punishable acts140 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. b. Any person who compels an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory.

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) Anti-Piracy and Anti- Highway Robbery135


135 P.D. 532 i) Definition of terms Philippine Waters All bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction. Vessel Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing. Philippine Highway Any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both. Piracy Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof

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

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occasion of the commission of robbery or brigandage, the penalty is reclusion temporal in its medium and maximum periods. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof, the penalty is death (Sec. 3) c. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage.138 138 Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace officers of the government, or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven (Sec. 4) thereof while territory. it is within the said

c) Human Security Act of 2007142


142 R.A. 9372 i) Punishable acts of terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

a. Piracy in General and Mutiny in


the High Seas or in the Philippine Waters143 143 Art. 122

b. Rebellion or Insurrection144 144


Art. 134

c. Coup d' Etat,145 including acts d.


committed by private persons 145 Art. 134-a Murder146 146 Art. 248

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

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155 The penalty is forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended (Sec. 3) ii) Who are liable 1. Persons who conspire to commit the crime of terrorism.156 156 Conspiracy to Commit Terrorism There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same (Sec. 4) The penalty is forty (40) years of imprisonment. 2. Any person who, not being a principal157 or a conspirator,158 158 as defined in Section 4 thereof cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts.159 159 Accomplice (Sec.. 5) The penalty is from seventeen (17) years, four (4) months one day to twenty (20) years of imprisonment. 3. Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice,160 takes part subsequent to its commission in any of the following manner: 160 under Arts. 17 and 18 of the Revised Penal Code (See Reference) (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime.161 161 Accessory Classes of Arbitrary Detention: a. By detaining a person without legal ground b. Delay in the delivery of detained persons to the proper judicial authorities Detention: when a person is placed in confinement or there is a restraint on his person. Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can also be liable. Legal grounds for the detention of any person: a. commission of a crime b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Grounds for warrantless arrest: a. Crime is about to be, is being, has been committed b. Officer must have reasonable knowledge that the person probably committed the crime. For escaped prisoner no need for warrant a. Offender is a public officer or employee b. He detains a person163 163 actual restraint c. The detention was without legal grounds

Delay in the delivery of detained persons164 164 Art. 125


Detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. Really means delay in filing necessary information or charging of person detained in court. May be waived if a preliminary investigation is asked for. Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied with upon the filing of the complaint

2. Crimes Against the Fundamental Laws of the State


Crimes Elements

Arbitrary detention162 162 Art. 124 6

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with the judicial authority (courts, prosecutors though technically not a judicial authority, for purposes of this article, hes considered as one.) The filing of the information in court does not cure illegality of detention. Neither does it affect the legality of the confinement under process issued by the court. To escape from this, officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. Such waiver is not violative of the accuseds constitutional right. What is length of waiver? Light offense 5 days. Serious and less serious offenses 7 to 10 days. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest. If offender is a private person, crime is illegal detention a. Offender is a public officer or employee b. He has detained a person for some legal ground c. He fails to deliver such person to the proper judicial authority within: 1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent 2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or 3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent 1. the service of the notice of such order to the prisoner, or 2. the performance of such judicial or executive order for the release of the prisoner, or 3. the proceedings upon a petition for the release of such person

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

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lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is having unlawful possession of opium Being authorized by law means with search warrant, save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime. a. Offender is a public officer or employee b. He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. He commits any of the following acts: 1. entering any dwelling against the will of the owner thereof; 2. searching papers or other effects found therein without the previous consent of such owner; 3. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same; Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. Abuse. Examples: a. X owner was handcuffed while search was going-on. b. Tank was used to ram gate prior to announcement that a search will be made

c. Persons who were not respondents were searched


Search warrants maliciously obtained

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

Searching domicile without witnesses169


169 Article 130 Order of those who must witness the search: a. Homeowner b. Members of the family of sufficient age and discretion c. Responsible members of the community (cant be influenced by the searching party) Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. Latter is preferred for objective determination. a. Offender is a public officer or employee b. He is armed with a search warrant legally procured

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c. He searches the domicile, papers or other belongings of any person d. The owner, or any member of his family, or two witnesses residing in the same locality are not present lawful association or from attending any of its meetings

Interruption of religious worship172


172 Art. 132 Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, but only a meeting of a religious sect. But if done in a private home, its a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of religion. Ex. Mass, baptism, marriage X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. Is X liable? X may be liable under Art. 133 because X is a private person. When priest is solemnizing marriage, he is a person in authority, although in other cases, hes not. a. Offender is a public officer or employee b. Religious ceremonies or manifestations of any religion are about to take place or are going on c. He prevents or disturbs the same

Prohibition, interruption, and dissolution of peaceful meetings170


170 Article 131 Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual, the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body, not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits for meetings in public places. But if police stops a meeting in a private place because theres no permit, officer is liable for stopping the meeting. a. Offender is a public officer or employee b. He performs any of the ff. acts: 1. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same171 171 e.g. denial of permit in arbitrary manner 2. hindering any person from joining any

Offending religious feelings173


173 Art. 133 If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). Processions and special prayers for burying dead persons but not prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not enough a. The acts complained of were performed 1. in a place devoted to religious feelings,174 or

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(1) Period of detention The provisions of Article 125177 177 See Reference of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the AntiTerrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel. The arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section7178 178 Ibid. 177 and examination of bank deposits under Section 27179 179 Ibid. of this Act. The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall

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

Public officers, Outsiders

Offendin g the Religious Feeling

Crime against public Order

Public officers, private persons, outsiders

a. Human Security Act of 2007176 R.A. 9372

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notify in writing the judge of the court nearest the place of apprehension or arrest: Provided ,That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph180. 180 Sec.. 18. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three (3) days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned. Within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately181. 181 Sec. 19. b. Anti-Torture Act182 182 R.A. 9745 (1) Punishable acts (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as: (1) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; 180 (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; (3) Electric shock; (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; (6) Being tied or forced to assume fixed and stressful bodily position; (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; (9) Dental torture or the forced extraction of the teeth; (10) Pulling out of fingernails; (11) Harmful exposure to the elements such as sunlight and extreme cold; (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation; (13) The use of psychoactive drugs to change the perception, memory. Alertness or will of a person, such as: (i) The administration or drugs to induce confession and/or reduce mental competency; or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and (14) Other analogous acts of physical torture; and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as: (1) Blindfolding; (2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts; (3) Confinement in solitary cells or secret detention places; (4) Prolonged interrogation; (5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;

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(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; (7) Maltreating a member/s of a person's family; (8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party; (9) Denial of sleep/rest; (10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will; (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and (12) Other analogous acts of mental/psychological torture.183 183 Sec. 4. (2) Who are liable184 184 criminally Any person who actually participated or induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment; (b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery; or (c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.185 185 Sec. 13. 185 Sec. 13.

2. Crimes Against Public Order


Crimes Elements

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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participation. Rising publicly and taking arms against government actual participation. If there is no public uprising, the crime is of direct assault. Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be actual participation Not necessary that there is killing, mere threat of removing Phil is sufficient. Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be embraced by rebellion (People v. Fernando) Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. directed the others b. spoke for them c. signed receipts and other documents issued in their name d. performed similar acts on behalf of the rebels Persons liable for rebellion: i. Any person who: 1. promotes 2. maintains, or 3. heads a rebellion or insurrection; or ii. Any person who, while holding any public office or employment, takes part therein by: 1. engaging in war against the forces of the government 2. destroying property or committing serious violence 3. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: diverting public funds is malversation absorbed in rebellion); 4. Any person merely participating or executing the command of others in rebellion Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities against the armed force. Public officer must take active part because mere silence or omission not punishable in rebellion. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the government. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government a. Killing, robbing etc. for private persons or for profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion. a. There be 1. public uprising and 2. taking arms against the government187 187 force/violence b. Purpose of the uprising or movement is either 1. to remove from the allegiance to said government or its laws i. the territory of the Philippines or any part thereof, or ii. anybody of land, naval or other armed forces, or 2. to deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives Coup d etat 188 188 Art. 134-A a. Swift attack b. Accompanied by violence, intimidation, threat, strategy or stealth c. Directed against: 1. duly constituted authorities 2. any military camp or installation 3. communication networks or public utilities 4. other facilities needed for the exercise and continued possession of power d. Singly or simultaneously carried out anywhere inthe Philippines or e. Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support or participation f. Purpose of seizing or diminishing state power

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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

Inciting to rebellion or insurrection192


192 Art. 138 Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 59. a. Offender does not take arms or is not in open hostility against the government b. He incites others to the execution of any of the acts of rebellion c. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end

Proposal to commit rebellion or insurrection190


190 Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the govt. The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if theres no evidence that the hearers then and there agreed to rise up in arms against the govt. Conspiracy must be immediately prior to rebellion. If it is during the rebellion, then it is already taking part in it. a. A person who has decided to rise publicly and take arms the government b. For any of the purposes of rebellion c. Proposes its execution to some other person/s

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

Disloyalty of public officers and employees191


191 Art. 137 Presupposes existence of rebellion. Must not be in conspiracy with rebels or coup plotters. If there are means to prevent the rebellion but did not resist it, then theres disloyalty. If there are no means, no fault. If position is accepted in order to protect the people, not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. a. Failing to resist rebellion by all the means in their power b. Continuing to discharge the duties of their offices under the control of rebels c. Accepting appointment to office under rebels

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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2. Tumultuously195 195 vis--vis rebellion where there must be a taking of arms b. They employ force, intimidation, or other means outside of legal methods c. Offenders employ any of those means to attain any of the following objects: 1. to prevent the promulgation or execution of any law or the holding of any popular election 2. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the execution of any administrative order 3. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. to commit for any political or social end, any act of hate or revenge against private persons or any social class196 196 hence, even private persons may be offended parties 5. to despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof speeches, proclamations, writings, emblems etc. b. Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace c. Knowingly concealing such evil practices When punishable: a. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or b. when they tend to instigate others to cabal and meet together for unlawful purposes c. when they suggest or incite rebellious conspiracies or riots; or d. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government a. Offender does not take a direct part in the crime of sedition b. He incites others to the accomplishment of any of the acts which constitute sedition198 198 Art. 134 c. The inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end.199 199 Purpose: cause commotion not exactly against the government; actual disturbance not necessary 61

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

Acts tending to prevent the meeting of congress and similar bodies200


200 Art. 143 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, when the defect of the

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meeting is not manifest and requires an investigation before its existence can be determined. a. There be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or division thereof, or of any provincial board or city or municipal council or board b. Offender who may be any persons prevents such meeting by force or fraud b. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor a. Offender is a public officer or employee b. He arrests or searches any member of Congress c. Congress, at the time of arrest or search, is in a regular or special session d. The member searched has not committed a crime punishable under the code by a penalty higher than prision mayor203 203 1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment.

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

Violation of parliamentary immunity202


202 Art. 145 Article partly inoperative because of the 1987 Constitution Acts punishable: a. By using force, intimidation, threats, or frauds to prevent any member of Congress from 1. attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from 2. expressing his opinions or 3. casting his vote

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1. Meeting, gathering or group of persons whether in a fixed place or moving 2. purpose: to commit any of crimes punishable under the code 3. meeting attended by armed persons b. Meeting of the second form 1. Meeting, gathering or group of persons whether in a fixed place or moving 2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. authority by another when they both contend that they were in the exercise of their respective duties. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked. Circumstances qualifying the offense (Qualified Assault): a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder, or with serious physical injuries. 1st form: a. Offender employs force or intimidation. b. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition.207 207 victim need not be person in authority c. There is no public uprising. 2nd form a. Offender 1. makes an attack, 2. employs force, 3. makes a serious intimidation, or 4. makes a serious resistance. b. The person assaulted is a person in authority or his agent. c. At the time of the assault the person in authority or his agent 1. is engaged in the actual performance of official duties,208 or that he is assaulted 208 motive is not essential 2. by reason of the past performance of official duties.209 209 motive is essential a. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.210 210 with intention to offend, injure or assault b. There is no public uprising.

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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Indirect assault can be committed only when a direct assault is also committed. To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack. a. A person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148. b. A person comes to the aid of such authority or his agent. c. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. e. Persons charged with the supervision of public or duly recognized private schools, colleges and universities f. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. a. Barrio councilman b. Barrio policeman c. Barangay leader d. municipal treasurer e. postmaster f. Sheriff g. agents of the BIR h. Malacaang confidential agent i. Any person who comes to the aid of persons in authority Sec. 388 of the Local Govt Code provides that for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority.

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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c. The act of the offender is not included in the provisions of Arts. 148, 149 and 150. d. An agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. d. Displaying placards or emblems which provoke a disturbance of public order in such place e. Burying with pomp the body of a person who has been legally executed.

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.

Unlawful use of means of publication and unlawful utterances217


217 Art. 154 a. Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. b. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches c. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially d. Printing, publishing or distributing or (causingthe same) books, pamphlets, periodicals or leaflets which do not bear the real printers name or which are classified as anonymous.

Tumults and other disturbances of public order215


215 Art. 153 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting. The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious orseditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. Tumultuous if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) tumultuous in character. a. Causing any serious disturbance in a public place, office or establishment b. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132216 216 Public Officers interrupting peaceful meetings or religious worship c. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place

Alarms and scandals218


218 Art. 155 a. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger b. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153.219 219 Tumult

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Charivari mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy. Firearm must not be pointed at a person, otherwise, it is illegal discharge. What governs is the result, not the intent. Offenders not minor delinquents nor detention prisoners If escaped within the 15 day appeal period no evasion No applicable to deportation as the sentence Flimsy excuse for violating destierro not acceptable Circumstances qualifying the offense (done thru): a. unlawful entry (by scaling) b. breaking doors, windows, gates, walls, roofs or floors c. using picklocks, false keys, disguise, deceit, violence or intimidation d. connivance with other convicts or employees of the penal institution

Delivering prisoners from jail220


220 Art. 156 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here It may be committed through negligence Circumstances qualifying the offense is committed by means of violence, intimidation or bribery. Mitigating circumstance if it takes place outside the penal establishment by taking the guards by surprise a. There is a person confined in a jail or penal establishment. b. Offender removes therefor such person, or helps the escape of such person221 221 if the escapee is serving final judgment, he is guilty of evasion of sentence c. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially d. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printers name or which are classified as anonymous.

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

Evasion of sentence or service222


222 Art. 157 A continuing offense.

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5. mutiny in which he has not participated. c. Offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny. d. Offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. charged as themselves. separate offenses in

4. Crimes Against Public Interest


Crimes Elements/How committed

Counterfeiting great seal of government232


232 Art. 161 When the signature of the President is forged, it is not falsification but forging of signature under this Article. Signature must be forged, others signed it not the President. a. Forging the great seal of the Government b. Forging the signature of the President c. Forging the stamp of the President

Violation of conditional pardon226


226 Art. 159 Infringement of conditions/terms of President Condition extends to special laws violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. But if under Revised Admin Code, no conviction Necessary. President has power to arrest, reincarnate offender without trial a. Offender was a convict. b. He was granted a conditional pardon by the chief executive. c. He violated any of the conditions of such pardon. a. Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives227 as an element of the crimes of rebellion, insurrection, sedition, or attempted coup detat228 227 P.D. 1866, as amended by R.A. 8294 228 supra b. Human Security Act of 2007229 229 R.A. 9372 (1) Punishable acts of terrorism230 230 supra (2) Who are liable231 231 Ibid. (3) Absorption principle in relation to complex crimes Other crimes committed in the course of acts of terrorism are deemed absorbed either as a means necessary for their commission or as an unintended effect of acts of terrorism. They cannot be

Using forged signature or counterfeit seal or stamp233


233 Art. 162 Offender is not the forger/not the cause of the counterfeiting a. The great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. b. Offender knew of the counterfeiting or forgery. c. He used the counterfeit seal or forged signature or stamp.

Making and importing and uttering false coins234


234 Utter to pass counterfeited coins, deliver or give away Import to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authority

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a. There be false or counterfeited coins235 235 Need not be legal tender Counterfeiting imitation of legal or genuine coin (may contain more silver, different design) such as to deceive an ordinary person in believing it to be genuine b. Offender either made, imported or uttered such coins. c. In case of uttering such false or counterfeited coins, he connives with counterfeiters or importers therein e.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here its falsification of commercial document under Article 172 Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money. If the falsification is done on a document that is classified as a government security, then the crime is punished under Article 166. On the other hand, if it is not a government security, then the offender may either have violated Article 171 or 172. a. Forging or falsity of treasury/bank notes or documents payable to bearer b. Importing of such notes c. Uttering of such false or forged obligations and notes in connivance with forgers and importers

Multilation of coins importation and utterance236 236 Art. 164


This has been repealed by PD 247.

Selling of false or mutilated coin, without connivance237


237 Art. 165 Possession does not require legal tender in foreign coins Includes constructive possession 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated. a. possession b. with intent to utter, and c. knowledge 2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. a. actually uttering, and b. knowledge.

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

Forging treasury or bank notes importing and uttering238


238 Art. 166 Forging by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained

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bearer is forged or falsified by another person. b. Offender knows that any of those instruments is forged or falsified. c. He performs any of these acts 1. using any of such forged or falsified instrument, or 2. possessing with intent to use any of such forged or falsified instrument. the figures, letters or words, or signs contained therein.

Falsification of legislative documents242


242 Art. 170 Accused must not be a public official entrusted with the custody or possession of such document, otherwise, Art. 171 applies. The falsification must be committed on a genuine, true and authentic legislative document. If committed on a simulated, spurious or fabricated legislative document, the crime is not punished under this article but under Art. 171 or 172. a. A bill, resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council.243 243 The words "municipal council" should include the city council or municipal board Reyes b. Offender alters the same. c. He has no proper authority therefor. d. The alteration has changed the meaning of the document.

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

Falsification of documents by public officer, employee, or notary or ecclesiastical minister244


244

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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ii. The two signatures or handwritings, the genuine and the forged, bear some resemblance to each other 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. Requisites: i. Offender caused it to appear in a document that a person/s participated in an act or a proceeding; and ii. Such person/s did not in fact so participate in the act or proceeding 4. Making untruthful statements in a narration of facts246 246 For one to be held criminally liable, the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates. The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission. There must be a narration of facts, not a conclusion of law. Must be on a material matter. Requisites: i. Offender makes in a document statements in a narration of facts ii. He has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and iii. The facts narrated by the offender are absolutely false; and iv. The perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person 5. Altering true dates247 247 Date must be essential. The document must be material to the right created or to the obligation that is extinguished. 6. Making any alteration or intercalation in a genuine document which changes its meaning. Requisites: i. There be an alteration (change) or intercalation (insertion) on a document ii. Made on a genuine document iii. The alteration/intercalation has changed the meaning of the document iv. The change made the document speak something false. 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original 248 or 248 if no knowledge, falsification through negligence The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. It can also refer to a public officer or notary who prepared and retained a copy of the document. The falsification can be done in two ways. It can be a certification purporting to show that the document issued is a copy of the original on record when no such original exists. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued, entries which are not found on contrary to, or different from the original genuine document on file. 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

Falsification by private individuals and use of falsified documents


a. Offender is a private individual or a public officer

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or employee who did not take advantage of his official position. b. He committed any of the acts of falsification enumerated in Art. 171.249 249 supra c. The falsification was committed in any public or official or commercial document.250 Under this paragraph, damage is not essential, it is presumed. If the falsification of public, official or commercial documents, whether they be public official or by private individuals, it is not necessary that there be present the idea of gain or the intent to injure a third person. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. (Sarep vs. Sandiganbayan).
250

Use of falsified document


a. Introducing in a judicial proceeding: 1. Offender knew that a document was falsified by another person. 2. The false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172. 3. He introduced said document in evidence in any judicial proceeding.252 252 intent to cause damage not necessary b. Use in any other transaction: 1. Offender knew that a document was falsified by another person. 2. The false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172. 3. He used such documents253 253 not in judicial proceedings The user of the falsified document is deemed the author of falsification, if: a. the use is so closely connected in time with the falsification b. the user had the capacity of falsifying the document 4. The use of the documents caused damage to another or at least was used with intent to cause such damage.

Falsification of private document245 Use of falsified document


Art. 172 Falsification of Private Documents: Prejudice to third party is an element of the offense. Falsification of Public/Official Documents: Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims.
245

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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receiving wireless, cable or telephone message. b. Accused commits any of the following acts: i. uttering fictitious wireless, cable, telegraph, or telephone message, or ii. falsifying wireless, cable, telegraph, or telephone message 2. Falsifying wireless, telegraph or telephone message 3. Using such falsified 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 receiving wireless, cable or telephone message. b. Accused commits any of the following acts: i. uttering fictitious wireless, cable, telegraph, or telephone message, or ii. falsifying wireless, cable, telegraph, or telephone message a. Accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph.255 255 supra b. Accused used such falsified dispatch. c. The use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice. b. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances c. Private individual who falsified a certificate under (a) and (b)

Using false certificates258

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.

Manufacturing and possession of intruments or implements for falsification259


259Art.

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

Usurpation of authority or official functions260


Art. 177 In usurpation of authority: The mere act of knowingly and falsely representing oneself is
260

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sufficient. Not necessary that he performs an act pertaining to a public officer. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority. A public officer may also be an offender. The act performed without being lawfully entitled to do so must pertain: a. to the govt b. to any person in authority c. to any public office If the offender commits the acts of usurpation as contemplated herein, and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition, he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion. The elements of false pretense is necessary to commit the crime of usurpation of official function. 1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine govt or any foreign govt261. 261 Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. a. Offender knowingly and falsely represents himself; b. As an officer, agent or representative of any department or agency of the Philippine government or of any foreign government. 2. By performing an act pertaining to any person in authority or public officer of the Phil. govt or foreign govt under the pretense of such official position, and without being lawfully entitled to do so. a. Offender performs any act; b. Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof; c. Under pretense of official position; d. Without being lawfully entitled to do so.

Using fictitious name262and concealing true name263


The name of a person is what appears in his birth certificate. The name of a person refers to his first name, surname, and maternal name. Any other name which a person publicly applies to himself without authority of law is a fictitious name.
262

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.

Illegal use of uniform or insignia265


265

Art. 179

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The wearing of a uniform, or insignia of a nonexisting office or establishment is not a crime. It is necessary that the uniform or insignia represents an office which carries authority, respect, dignity, or influence which the public looks up to. So also, an exact imitation of a uniform or dress is unnecessary; a colorable resemblance calculated to deceive the common run of people is sufficient. The wearing of insignia, badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. 493. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films, the crime is not committed. a. Offender makes use of insignia, uniform or dress. b. The insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. c. Said insignia, uniform or dress is used publicly and improperly. 2. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony, no crime is committed. a. Under oath against the defendant therein. b. Offender who gives false testimony knows that it is false. c. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. d. There be a criminal proceeding. e. Offender testifies falsely

False testimony in favor of defendant in a criminal case267


Art. 181 False testimony by negative statement is in favor of the defendant. False testimony need not in fact benefit the defendant. A statement of a mere opinion is not punishable. Conviction or acquittal is not necessary (final judgment is not necessary). The false testimony need not influence the acquittal. A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable.
267

False testimony against a defendant266


266Art. 180 Requires criminal intent, cant be committed through negligence. Need not impute guilt upon the Accused. The defendant must at least be sentenced to a correctional penalty or a fine or must have been Acquitted. The witness who gave false testimony is liable even if the court did not consider his testimony False testimony - is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true, or to deny the same, or to alter essentially the truth. Nature of the crime of false testimony. 1. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime.

a. A person gives false testimony; b. In favor of the defendant; c. In a criminal case.`

False testimony in civil cases268


268

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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e. The testimony must be malicious and given with an intent to affect the issues presented in the said case The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect ones interest on real property; or an affidavit of good moral character to take the bar examination. So if the affidavit was made but the same is not required by law, even if the allegations are false, the crime of perjury is not committed. (Diaz vs. People, 191 SCRA 86) Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings. False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered. A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. The false testimony is not in a judicial proceeding An accused made a statement under oath or made an affidavit upon a material matter. a. The statement or affidavit was made before a competent officer, authorized to receive and administer oath. b. In that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and c. The sworn statement or affidavit containing the falsity is required by law.

False testimony in other cases and perjury in solemn affirmation269


Art. 183 2 ways of committing perjury: a. by falsely testifying under oath b. by making a false statement False testimony vs. Perjury: When one testifies falsely before the court, the crime committed is false testimony. If one testifies falsely in a non-judicial proceeding, the crime committed is perjury. In false testimony, it is not required that the offender asserts a falsehood on a material matter. It is enough that he testifies falsely with deliberate intent. In perjury, the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. A competent person authorized to administer an oath means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction.
269

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.

Offering false testimony in evidence270


Art. 184 The false witness need not be convicted of false testimony. The mere offer is sufficient. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying. The
270

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proceedings are either judicial or official. There is a formal offer of testimonial evidence in the proceedings. The witness is able to testify and the offender, knowing the testimony is given by the witness to be false, nevertheless offers the same in evidence. In this case, the person offering the false testimony must have nothing to do in the making of the false testimony. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. So if the offeror, aside from being such, is also the person responsible in inducing or convincing the false witness to lie, Art. 184 will not apply. The applicable article will be Article 180, 181, 182, or 183 as the case may be. The offenders in this case will be charged with perjury; the inducer as principal by inducement and the induced party as the principal by direct participation. It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. Nevertheless, it is a crime defined and punished under the Revised Penal Code. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer, testifies falsely, is perjury. (People vs. Padol, 66 Phil. 365). a. Offender offered in evidence a false witness or false testimony. b. He knew the witness or the testimony was false. c. The offer was made in a judicial or official proceeding.

Monopolies and combinations in restraint of trade272


Art. 186 The purpose is: a. to make transactions prejudicial to lawful commerce b. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil Aggravated if items are: a. food substance b. motor fuel or lubricants c. goods of prime necessity
272

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.

Machinations in public auction271


271

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.

3. Monopoly to restrain competition in the market

free

4. Manufacturer, producer or processor or importer combining, conspiring or agreeing with any


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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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4. Splitting of contracts which exceed procedural purchase limits and competitive bidding. 5. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41277 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47278 of this Act. Reservation Clause. - The Head of the Agency reserves the right to reject any and all Bids, declare a failure of bidding, or not award the contract in the following situations: a. If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; b. If the BAC is found to have failed in following the prescribed bidding procedures; or c. For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government as defined in the IRR. 278 Disclosure of Relations. - In addition to the proposed contents of the Invitation to Bid as mentioned under Section 21 of this Act, all bidding documents shall be accompanied by a sworn affidavit of the bidder that he or she or any officer of their corporation in not related to the Head of the Procuring Entity by consanguinity or affinity up to the third civil degree. Failure to comply with the aforementioned provision shall be a ground for the automatic disqualification of the bid in consonance with Section 30 of this Act.
277

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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3. Participate in a public bidding using the name of another or allow another to use one's name for the purpose of participating in a public bidding. 4. Withdraw a Bid, after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid, or to accept and award, without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. This shall include the non-submission of requirements such as, but not limited to, performance security, preparatory to the final award of the contract. (d) When the bidder is a juridical entity, criminal liability and the accessory penalties shall be imposed on its directors, officers or employees who actually commit any of the foregoing acts.279 279 Sec. 65. b. Anti-Alias Law280 1) Punishable acts No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry or with which he was baptized for the first time, or in case of an alien, with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court.281 281 Sec. 1. The act of using an alias name, unless such alias was duly authorized by proper judicial proceedings and recorded in the civil register.282 282 There must be a "sign or indication that the user intends to be known by this name (the alias) in addition to his real name from that day forth [for the use of alias to] fall within the prohibition contained in C.A. No. 142 as amended (Ursua case) 282 There must be a "sign or indication that the user intends to be known by this name (the alias) in addition to his real name from that day forth [for the use of alias to] fall within the prohibition contained in C.A. No. 142 as amended (Ursua case) 2) Exception As a pseudonym solely for literary, cinema, television, radio or other entertainment
280

purposes and in athletic events where the use of pseudonym is a normally accepted practice.

5. Crimes Relative to Opium and other Prohibited Drugs


a. The Comprehensive Dangerous Drugs Act of 2002283 283 R.A. 9165 i) Punishable acts 1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.284 284 Sec. 4 2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.285 285 Sec. 5 3. Maintenance of a Den, Dive or Resort.286 286 Sec. 6 4. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.287 287 Sec. 8 5. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals288 288 Sec. 9 6. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.289 289 Sec. 10 7. Possession of Dangerous Drugs290 290 Sec. 11 8. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.291 291 Sec. 12 9. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings292. 292 Sec. 13 10. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings.293 293 Sec. 14 11. Use of Dangerous Drugs.294 294 Sec. 15 12. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.295 295 Sec. 16 13. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.296 296 Sec. 17 13. Unnecessary Prescription of Dangerous Drugs.297 297 Sec. 18 300

C.A. 142

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14. Unlawful Prescription of Dangerous Drugs.298 298 Sec. 19299 Program for Treatment and Rehabilitation of Drug Dependents ii) Who are liable With respect to No. 1. Any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes. Any person, who, unless authorized by law, shall import any controlled precursor and essential chemical. Any person, who, unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled. Any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 2. Any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. Any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions. Drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade. Any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 3. Any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form. Any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form. Any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 4. Any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug. Any person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical. Any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 5. Any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical. 6. Any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act.

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Any person, who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs. 7. Any person, who, unless authorized by law, shall possess any dangerous drug in the quantities mentioned, regardless of the degree of purity thereof: 8. Any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: 9. Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons. 10. Any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons. 11. A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, subject to the provisions of Article VIII299 of this Act. 12. Any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived Any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 13. Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 300 of this Act.
300 Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals

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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above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution. Conditions: (1) The information and testimony are necessary for the conviction of the persons described above; (2) Such information and testimony are not yet in the possession of the State; (3) Such information and testimony can be corroborated on its material points; (4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and 301 (5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.304 304 Sec. 33 violation. If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable. The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it. Offender performs an act a. Highly scandalous as offending against decency or good customs b. Highly scandalous conduct does not expressly fall within any other article of the RPC c. Committed in a public place or within the public knowledge or view.306 The public view is not required, it is sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people who sees it is not material).
306

Immoral doctrines, obscene publications and exhibitions307


Art. 201 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article. Publicity is an essential element
307

6. Crimes Against Public Morals


Crimes Elements/Persons liable

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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d. Owners or operators of establishments selling obscene literature e. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals a. Takes part in the performance of public functions in the Government, or b. Performs public duties as an employee, agent or subordinate official in the govt or any of its branches. Public officers: embraces every public servant from the lowest to the highest rank. A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer. Misfeasance: means improper performance of an act which might be properly be performed. Malfeasance: means performance of an act which ought not to be done. Nonfeasance: means omission of an act which ought to be done. Crimes Elements/Persons liable

Vagrants and Prostitutes308


308

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
310

Knowingly rendering an unjust judgment312


312 Art. 204 Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding. Unjust judgment: one which is contrary to law, or not supported by the evidence, or both. An unjust judgment may result from: error (with bad faith) ill-will or revenge bribery. There must be evidence that the decision rendered is unjust. It is not presumed. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration). a. Offender is a judge b. Renders a judgment in the case submitted to him for judgment c. Judgment is unjust d. Knowledge that the decision is unjust

7. Crimes Committed by Public Officers 311


311 Art. 203 Public officer

Judgment rendered through negligence313


313Art. 205 Manifestly unjust judgment: one that is so contrary to law that even a person having meager

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knowledge of the law cannot doubt the injustice a. Offender is a judge b. Renders a judgment in a case submitted to him for decision c. Judgment is manifestly unjust d. Due to inexcusable negligence or ignorance the evidence before him does not warrant filing an action in court. The crime must be proved first before an officer can be convicted of dereliction of duty A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory Article not applicable to revenue officers a. Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses. b. There is dereliction of the duties of his office317 317 that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal or (b) knowing that a crime is about to be committed, he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery). c. Offender acts with malice and deliberate intent to favor the violator of the law.

Unjust interlocutory order314


314 Art. 206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final determination of the issues of the action or proceeding a. Offender is a judge. b. He performs any of the following acts: 1. knowingly renders unjust interlocutory order or decree, or 2. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Malicious delay in the administration or justice315


315 Art. 207 Mere delay without malice is not punishable a. Offender is a judge. b. There is a proceeding in his court. c. He delays the administration of justice. d. The delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.

Betrayal of trust by an attorney or solicitor318


318 Art. 209. Not necessarily a public officer although all lawyers are officers of the court. a. Causing damage to client319 319 prejudice is essential either 1. by any malicious breach of professional duty,or 2. by inexcusable negligence or ignorance. b. Revealing any of the secrets of his client learned by him in his professional capacity320 320 damage not necessary c. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latters consent.321 321 id. 320

Dereliction of duty in the prosecution of offenses316


316 Art. 208 Prevaricacion: negligence and tolerance in the prosecution of an offense. There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that

Direct bribery322
322 Art. 210 For purposes of this article, temporary performance of public functions is sufficient to

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constitute a person a public officer. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him. Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties. Cannot be frustrated, only attempted or consummated. Bribery exists when the gift is: a. voluntarily offered by a private person b. solicited by the public officer and voluntarily delivered by the private person c. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness). Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer. The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or services. If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime which does not constitute a crime, but the act must be unjust,326 or 326 delivery of consideration is necessary 3. to refrain from doing something which is his official duty to do. d. The act which the offender agrees to perform or which he executes be connected with the performance of his official duties

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.

Qualified bribery328 328 Art. 211-A


a. Public officer entrusted with law enforcement b. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death329 329 if lower penalty than stated, the crime is direct bribery

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making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds. d.Accused had intent to defraud the government.

c. In consideration of any offer, promise or gift

Corruption of public officials330


330 Art. 212 The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished. Under P.D. 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. information refers to consummated violations b. necessity of the information or testimony c. the information and testimony are not yet in the possession of the State d. information and testimony can be corroborated on its material points e. informant has been previously convicted of a crime involving moral turpitude

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

Frauds against public treasury331


331 Art. 213, par. 1 Notes: a. The public officer must act in his official capacity b. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government a. Offender is a public officer. b. He should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. c. He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the

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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334 estafa; swindling

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.

Malversation of public funds or property337


337 Art. 217 Malversation is otherwise called embezzlement. It can be committed either with malice or through negligence or imprudence. In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation. The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa. When a public officer has official custody or the duty to collect or receive funds due the government, or the obligation to account for them, his misappropriation of the same constitutes malversation. A public officer who has qualified charge of govt property without authority to part with its physical possession upon order of an immediate superior, he cannot be held liable under this article. Private individuals can also be held liable for malversation under 2 circumstances: a. when they are in conspiracy with public officers; and b. when they have charge of national, provincial or municipal funds, revenues or property in any capacity. In malversation through negligence, the negligence of the accountable public officer must bepositively and clearly shown to be inexcusable, approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion. When malversation is not committed through negligence, lack of criminal intent or good faith is a defense. The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise Returning the embezzled funds is not exempting, it is only mitigating. There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place. A person

Possession of prohibited interests


by a public officer336 336 Art. 216

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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whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation. Demand as well as damage to the government are not necessary elements. b. He must be an accountable officer for public funds or property. c. He must have unlawfully left345 the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled.

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 to make delivery of public funds or property347 347 Art. 221


Penalty is based on value of funds/property to be delivered. Persons who may be held liable under Arts. 217 to 221: 1. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property

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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b. He is under obligation to either: 1. make payment from such funds 2. to deliver property in his custody or administration when ordered by competent authority c. He maliciously fails or refuses to do so b. He is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. c. Such prisoner escapes through his negligence.350 350 Penalty based on nature of imprisonment

Conniving with or consenting to evasion348 348 Art. 223


Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment a. Offender is a public officer (on duty). b. He is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. c. Such prisoner escaped from his custody d. He was in connivance with the prisoner in the latters escape

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

Removal, concealment, or destruction of documents353 353 Art. 226


The document must be complete and one by which a right could be established or an obligation could be extinguished. Books, periodicals, pamphlets etc. are not documents. Papers would include checks, promissory notes and paper money. A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the intention of the offender is to: a. tamper with it b. to profit by it c. to commit any act constituting a breach of trust in the official thereof Removal is consummated upon removal or secreting away of the document from its usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose. Delivering the document to the

Evasion through negligence349 349 Art. 224


The article punishes a definite laxity which amounts to deliberate non-performance of a duty. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation The liability of an escaping prisoner: a. if he is a prisoner by final judgment, he is liable for evasion of service (Art. 157) b. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender) a. Offender is a public officer.

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wrong party is infidelity in the custody thereof. The damage may either be great or small.

The offender must be in custody of such documents.


a. Offender be a public officer. b. He abstracts, destroys or conceals a document or paper. c. Said document or paper should have been entrusted to such public officer by reason of his office. d. Damage, whether serious or not, to a third party or to the public interest should have been caused.

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.

Officer breaking seal354 354 Art. 227


It is the breaking of the seals and not the opening of a closed envelope which is punished. Damage or intent to cause damage is not necessary; damage is presumed. a. Offender is a public officer. b. He is charged with the custody of papers or property. c. These papers or property are sealed by proper authority. He breaks the seals or permits them to be broken.

Opening of closed documents355


355 Art. 228 Damage also not necessary a. Offender is a public officer. b. Any closed papers, documents, or objects are entrusted to his custody. c. He opens or permits to be opened said closed papers, documents or objects. d. He does not have proper authority.

Revelation of secret by an officer356


356 Art. 229 Secret must affect public interest. Secrets of a private individual is not included. Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting state security, the crime may be espionage.

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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c. He reveals such secrets without authority or justification reason. offender that he lend his cooperation towards the administration of justice or other public service. c. Offender fails to do so maliciously.

Open disobedience359 359 Art. 231


Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required. a. Offender is a judicial or executive officer. b. There is a judgment, decision or order of superior authority. c. Such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. d. Offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey.

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.

Refusal of assistance361 361 Art. 233


Involves a request from one public officer to another. Damage to the public interest or third party is essential.

Demand is necessary.

a. Offender is a public officer. b. A competent authority demands from the

Anticipation of duties of a public 45

San Beda 2012BarReviewerinCriminalLaw office366 366 Art. 236


a. Offender is entitled to hold a public office or employment, either by election or appointment. b. The law requires that he should first be sworn in and/or should first give a bond. c. He assumes the performance of the duties and powers of such office. d. He has not taken his oath of office and./or given the bond required by law. b. He 1. makes general rules or regulations beyond the scope of his authority or 2. attempts to repeal a law or 3. suspends the execution thereof.

Usurpation of executive functions370


370 Art. 240 Legislative officers are not liable for usurpation of executive functions a. Offender is a judge. b. He 1. assumes a power pertaining to the executive authorities, or 2. obstructs executive authorities in the lawful exercise of their powers.

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.

Usurpation of judicial functions371 371 Art. 241


A mayor is guilty under this article when he investigates a case while a justice of the peace is in the

Abandonment of office or position368


368 Art. 238 There is actual abandonment through resignation to evade the discharge of duties. There must be formal or written resignation. The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is higher. Dereliction of Duty - public officer does not abandon his office but merely fails to prosecute a violation of the law. a. Offender is a public officer. b. He formally resigns from his position. c. His resignation has not yet been accepted. d. He abandons his office to the detriment of the public service.

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.

Disobeying request for disqualification372 372 Art. 242


a. Offender is a public officer. b. A proceeding is pending before such public officer. c. There is a question brought before the proper authority regarding his jurisdiction, which is not yet decided. d. He has been lawfully required to refrain from continuing the proceeding. e. He continues the proceeding.

Usurpation of legislative powers369


369 Art. 239 a. Offender is an executive or judicial officer.

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2. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or 3. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender. a. Anti-Graft and Corrupt Practices Act 376 i) Coverage

373 Art. 243

Legislative or judicial officers are not liable under this article


a. Offender is an executive officer. b. He addresses any order or suggestion to any judicial authority. c. The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.

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.

Abuses against chastity375


375 Art. 245 The mother of the person in the custody of the public officer is not included. Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman. The advances must be immoral or indecent. The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse. a. Offender is a public officer. b. He solicits or makes immoral or indecent advances to a woman. c. Such woman must be 1. 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

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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or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. 6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. 8. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. 9. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. 10. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. 11. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 12. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. b. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the government in which such public official has to intervene.377 377 Sec. 4 c. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A).378 378 ibid 377. d. Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president of the Philippines, the vicepresident, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the govt.379 379 Sec. 5 iii) Exceptions 1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the govt along the same line of business; 2. Any transaction, contract or application already existing or pending at the time of such assumption of public office; 3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; 4. Any act lawfully performed an official capacity or in the exercise of a profession. 5. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. 6. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office.380 380 Sec. 7 7. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage. 381 381 Sec. 14

c. Anti-Plunder Act382 382


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382 R.A. 7080, as amended i) Definition of terms Public Officer Any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract. Government Includes the National Government, and any of its subdivisions, agencies or instrumentalities, including government owned or -controlled corporations and their subsidiaries. Person Includes any natural or juridical person, unless the context indicates otherwise.383 383 Sec. 1 (a-c) ii) Ill-gotten wealth Any asset, property, business enterprise or material possession of any person within the purview of Section Two (2)384 hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; 2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or governmentowned or -controlled corporations and their subsidiaries; 4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking. 5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or 6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.385 385 Sec. 1 (d) iii) Plunder Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d)386 hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State.387 387 Sec. 2, as amended by R.A. 7659. iv) Series / Combination388 388 see Plunder, supra v) Pattern For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.389 389 Sec. 4. c. Human Security Act of 2007390 390 R.A. 9372 i) Failure to deliver suspect to proper judicial authority391 391 Sec. 20. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement

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personnel who has apprehended or arrested, detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days. ii) Infidelity in the custody of detained persons Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and (b) six years and one day to twelve (12) years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court.392 392 Sec. 44. iii) False prosecution Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism shall suffer the penalty of six (6) months of imprisonment. If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President. In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year.393 393 Sec. 50

8. Crimes Against Persons


Crimes Elements/Requisites

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.

Death or physical injuries under exceptional circumstances395


395 Art. 247

50

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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which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim a. A person was killed. b. The accused killed him without any justifying circumstances. c. The accused had the intention to kill, which is presumed. d. The killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. of a less serious nature only. c. The person responsible therefor cannot be identified. d. All those who appear to have used violence upon the person of the offended party are known.

Giving assistance to suicide401


401 Art. 253 A person who attempts to commit suicide is not criminally liable. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion. Assistance to suicide is different from mercykilling. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder Penalty is mitigated if suicide is not successful. a. Assisting another to commit suicide, whether the suicide is consummated or not b. Lending his assistance to another to commit suicide to the extent of doing the killing himself.

Death in a tumultous affray399


399 Art. 251 Tumultuous affray exists hen at least 4 persons take part in it. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray Persons liable are: a. person/s who inflicted serious physical injuries b. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim. a. There be several persons. b. They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. c. These several persons quarreled and assaulted one another in a confused and tumultuous manner. d. Someone was killed in the course of the affray. e. It cannot be ascertained who actually killed the deceased. f. The person or persons who inflicted serious physical injuries or who used violence can be identified.

Discharge of firearms402
402 Art. 254

Physical injuries inflicted in a tumultous affray400 400 Art. 252


a. There is a tumultuous affray as referred to in the preceding article. b. A participant or some participants thereof suffer serious physical injuries or physical injuries

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.

Abortion practiced by the woman herself or by her parents406


406 Art. 258

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.

Intentional abortion404 404 Art. 256


a. There is a pregnant woman. b. Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman. c. As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. d. The abortion is intended.

Abortion practiced by a physician or midwife and dispensing of abortives407


407 Art. 259 It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the

Unintentional abortion405 53

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abortive be actually used. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice. a. There is a pregnant woman who has suffered an abortion. b. The abortion is intended. c. Offender, who must be a physician or midwife, causes or assists in causing the abortion. d. Said physician or midwife takes advantage of his or her scientific knowledge or skill. 410 Art. 262 Kinds of Mutilation

Responsibility of participants in a duel408


408 Art. 260 Persons liable: 1. Principals person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases 2. Accomplices as seconds Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight. If death results, the penalty is the same as that for homicide. a. Killing ones adversary in a duel b. Inflicting upon the adversary serious physical injuries c. Making a combat although no physical injuries have been inflicted

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

Serious physical injuries411


411 Art. 263 How Committed 1. Wounding 2. Beating 3. Assaulting 4. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries. Serious physical injuries may be committed through reckless imprudence or simple imprudence. There must be no intent to kill Impotent should include inability to copulate and sterility. Blindness requires loss of vision in both eyes. Mere weakness in vision is not contemplated. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3.vLoss of use of hand or incapacity of usual work in par 2 must be permanent. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal

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

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member Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the same. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body. If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time. Under par 4, all that is required is illness or incapacity, not medical attendance. In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or preparation for a profession. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries. There is no incapacity if the injured party could still engage in his work although less effectively than before a. Injured person becomes insane, imbecile, impotent or blind b. Injured person 1. loses the use of speech or the power to hear orto smell, loses an eye, a hand, foot, arm or leg2. loses the use of any such member 3. becomes incapacitated for the work in which he had been habitually engaged b. Injured person 1. becomes deformed 2. loses any other member of his body 3. loses the use thereof 4. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days c. Injured person becomes ill or incapacitated for labor for more than 30 days.412

Administering injurious substances or beverages413


a. Offender inflicted upon another person any serious physical injury b. It was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity c. He had no intent to kill.

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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(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 harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.420 b. Anti-Child Pornography Law421 i) Definition of terms Child A person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. Also refers to: (1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein Child pornography Any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities. Explicit Sexual Activity Includes actual or simulated (1) As to form: (i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadistic or masochistic abuse;

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(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or (6) use of any object or instrument for lascivious acts Internet address A website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address. Internet cafe or kiosk An establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet, computer gamesor related services. Internet content host A person who hosts or who proposes to host internet content in the Philippines. Internet service provider (ISP) A person or entity that supplies or proposes to supply, an internet carriage service to the public. Grooming The act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography. It includes online enticement or enticement through any other means. Luring (1) The act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography. (2) Bestiality Pandering The act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material. Person Any natural or juridical entity.422 ii) Unlawful or punishable acts (a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography; (b) To produce, direct, manufacture or create any form of child pornography; (c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography; (d) To possess any form of child pornography with the intent to sell, distribute publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast; (e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business; (f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography; (g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography; (h) To engage in the luring or grooming of a child; (i) To engage in pandering of any form of child pornography; (j) To willfully access any form of child pornography; (k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and (l) To possess any form of child pornography.423 c. Anti-Hazing Law424 i) Hazing a) Definition An initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.425 (b) Allowed initiation rites

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No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.426ii) Who are liable The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals.427 The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The school authorities including faculty members who consent to the hazing or whohave actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.428 iii) Punishable acts 1. If death, rape, sodomy or mutilation results there from. 2. If in consequence of the hazing the victim shall become insane, imbecile, impotent or blind. 3. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. 4. If in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. 5. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days. 6. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period. 7. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period. 8. If in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. The responsible officials of the school or of the police, military or citizen's army training

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organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; (b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; (c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; (d) when the hazing is committed outside of the school or institution; or (e) when the victim is below twelve (12) years of age at the time of the hazing.429 d. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act430 i) Coverage Special protection to children431 from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse432, exploitation and discrimination.433 ii) Child prostitution, punishable acts Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;434 and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.435 iii) Child trafficking, punishable acts Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.436 e. Juvenile Justice and Welfare Act of 2006;437 also refer to Child and Youth Welfare Code438 i) Punishable acts In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin.439 The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibited: 1. Employment of threats of whatever kind and nature;

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2. Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; 3. Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and dignity; and 4. Compelling the child to perform involuntary servitude in any and all forms under any and all instances.440 Criminal liability shall attach to any parent who: 1. Conceals or abandons the child with intent to make such child lose his civil status. 2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs. 3. Sells or abandons the child to another person for valuable consideration. 4. Neglects the child by not giving him the education which the family's station in life and financial conditions permit. 5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72. 6. Causes, abates, or permits the truancy441 of the child from the school where he is enrolled. 7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five (5) schooldays. 8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are inimical to his interest and welfare. 9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrasses or humiliates him. 10. Causes or encourages the child to lead an immoral or dissolute life. 11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership. 12. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. If the motor vehicle driven by the child belongs to the parent,442 it shall be presumed that he permitted or ordered the child to drive.443 A person whether the parent or guardian of the child or not, who knowingly or wilfully, 1. Aids, causes, abets or connives with the commission by a child of a delinquency, or 2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent.444 f. Human Security Act of 2007445 i) Punishable acts of terrorism446 ii) Who are liable447

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.

Slight illegal detention451 a. Offender is a private person


b. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime c. The act of detention or kidnapping must be illegal human being. b. The purpose of the offender is to enslave such human being.

Exploition of child labor459 a. Offender retains a minor in his service.

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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1. Delivering a minor to a public institution or other persons w/o 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. Neglecting his464 children by not giving them education which their station in life requires and financial condition permits a. Offender has charged of the rearing or education of a minor. b. He delivers said minor to a public institution or other persons. c. The one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent; the proper authorities have not consented to it. a. Offender is a parent. b. He neglects his children by not giving them education. c. His station in life requires such education and his financial condition permits it.

Services rendered under compulsion in payment of debt460


a. Offender compels a debtor to work for him, either as household servant or farm laborer. b. It is against the debtors will. c. The purpose is to require or enforce the payment of a debt.

Abandonment of person in danger and abandonment of ones own victim461


1. Failing to render assistance to any person whom the offender finds in an inhabited 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, a. Place is not inhabited. b. The accused found there a person wounded or in danger of dying. c. The accused can render assistance without detriment to himself. d. The accused fails to render assistance. 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

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

Abandoning a minor462 a. Offender has the custody of a child.


b. The child is under seven (7) years of age. c. He abandons such child. d. He has no intent to kill the child when the latter is abandoned.

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callings mentioned in par 2 or to accompany any habitual vagrant or beggar, the offender

being any person. Trespass to dwelling466 a. Offender is a private person.


b. He enters the dwelling of another. c. Such entrance is against the latters will.

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.

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

Grave threats where offender attained his purpose468


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.

Trespass to dwelling466 a. Offender is a private person.


b. He enters the dwelling of another. c. Such entrance is against the latters will.

Light threats471 a. Offender makes a threat to commit a wrong.

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.

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c. Person orally threatens another with harm not constituting a felony. of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation. No. 2 a. Offender pays the wages due a laborer or employee employed by him by means of tokens or objects. b. Those tokens or objects are other than the legal tender currency to the Philippines. c. Such employee or laborer does not expressly request that he be paid by means of tokens or objects.

Grave coercions474 a. A person prevented another from doing


something or not to do something against his will, be it right or wrong; b. The prevention or compulsion be effected by violence, of force as would produce intimidation and control the will. c. The person that restrained the will and liberty by 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 the exercise of any lawful right.

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.

Light coercions475 a. Offender must be a creditor.


b. He seizes anything belonging to debtor. c. The seizure of the thing accomplished by means of violence or a display material force producing intimidation; d. The purpose of the offender is apply the same to the payment of the debt. his be of to

Discovering secrets through seizure of correspondence478


a. Offender is a private individual or even a public officer not in the exercise of his official function, b. He seizes the papers or letters of another. c. The purpose is to discover the secrets of such another person. d. Offender is informed of the contents or the papers or letters seized.

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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San Beda 2012BarReviewerinCriminalLaw Revealing secrets with abuse of office479


a. Offender is a manager, employee or servant. b. He learns the secrets of his principal or master in such capacity. c. He reveals such secrets. of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings483. ii) Exceptions Any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security. Such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed. In cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only (1) upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining such evidence.484 b. Human Security Act of 2007485 i) Surveillance of suspects and interception and recording of communications

Revelation of industrial secrets480 a. Offender is a person in charge, employee or


workman of a manufacturing or industrial establishment. b. The manufacturing or industrial establishment has a secret of the industry which the offender has learned. c. Offender reveals such secrets. d. Prejudice is caused to the owner. 480 a. Anti-Wire Tapping Act481 i) Punishable acts It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described: It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person. The use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition482. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any

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The provisions of Republic Act No. 4200486 to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. Surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized.487 ii) Restriction on travel In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6488 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.489 He/she may also be placed under house arrest by order of the court at his or her usual place of residence. While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. iii) Examination of bank deposits and documents a) Judicial Authorization The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated as a special court to handle antiterrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3) of a member of such judicially declared and outlawed organization, association, or group of persons, may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution. The bank or financial institution concerned, shall not refuse to allow such examination or to provide the desired information, when so, ordered by and served with the written order of the Court of Appeals.490 b) Application The written order of the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts, assets, and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of any judicially declared and outlawed terrorist organization, association, or group of persons, or (3) of any member of such organization, association, or group of persons in a bank or financial institution, and the gathering of any relevant information about the same from said bank or financial institution, shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law

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enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53491 of this Act to file such ex parte application, and upon examination under oath or affirmation of the applicant and, the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and records of those mentioned under nos. 1 to 3 above.492 iv) Unauthorized revelation of classified materials The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information under this Act.493 c. Anti-Trafficking in Persons Act of 2003494 I) Punishable acts It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.495 The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda materialthat promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in

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possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.496 The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).497

Robbery in general498 personal property \ belonging to another.

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.

Robbery with violence against or intimidation of person499


By reason or on occasion of the robbery, the following are committed: 1. Homicide 2. Robbery accompanied with rape or intentional mutilation, SPI insane, imbecile, impotent or blind 3. SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in. 4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution SPI/deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days 5. Any kind of robbery with less serious physical injuries or slight physical injuries

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

10. Crimes Against Property


Crimes Elements

67

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 in an inhabited house or public building or edifice devoted to worship505


a. Offender entered 1. an inhabited house, or 2. public buildings, or 3. edifice devoted to religious worship. b. The entrance was effected by any of the following means: 1. Through an opening not intended for entrance or egress. 2. By breaking any wall, roof, or floor or breaking any door or window. 3. By using false keys, picklocks or similar tools or. 4. By using any fictitious name or pretending the exercise of public authority. c. Once inside the building, the offender took personal property belonging to another with intent 1. to gain.

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

possession. False keys511 Picklocks, etc.

a. Genuine key stolen from owner. b. Any key other than those intended by owner for

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use in the lock forcibly opened by the offender d. On occasion disturbance. of calamities and civil

Brigandage512 Brigands more than three (3) armed persons


forming a band

Aiding and abetting a band of brigands513


a. There is a band of brigands. b. Offender knows the band to be of brigands. c. Offender does any of the following acts: 1. he in any manner aids, abets or protects such band if brigands, or 2. he gives them information of the movements of the police or other peace officers of the government or 3. He acquires or receives the property taken by such brigands.

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.

Theft514 a. Taking of personal property. b. Belonging to another.

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.

Altering boundaries or landmarks519


a. There be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. b. Offender alters said boundary marks.

Fraudulent insolvency520 a. Offender is a debtor;521


b. He absconds with his property. c. There be prejudice to his creditors.

Hunting, fishing or gathering fruits, etc. in enclosed estate515


a. There is an enclosed estate or a field where trespass is forbidden or which belongs to another; b. Offender enters the same. c. Offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products, and d. The hunting or fishing or gathering of products is without the consent of the owner.

Estafa in general522

a. The accused defrauded another


1. by abuse of confidence, or or means of deceit and 2. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

Estafa with unfaithfulness523 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.

Qualified theft516 a. domestic servant, or

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

Estafa with abuse of confidence524 69

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he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. d. As a result thereof, the offended party suffered

a. Money, goods, property be

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.

damage. Estafa by postdating a check or issuing a check in payment of an obligation527


a. Offender postdated a check, or issued a check in payment of an obligation. b. Such postdatig 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.

Estafa by taking undue advantage of the signature in blank525


a. The paper with the signature of the offended party be in blank. b. The offended party should have delivered it to offender. c. Above the signature of the offended party a document is written by the offender without authority to do so. c. The document so written creates a liability of, or causes damage to, the offended party or any third person

Offense defined in the first par. of Sec. 1 of B.P. 22528


a. A person makes or draws and issues any check. b. The check is made or drawn and issued to apply on account or for value. c. The person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. d. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment.

Estafa by means of deceit526 a. There must be a false pretense, fraudulent means


must be made or executed prior to or b. Such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. c. The offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is,

Elements of the offense defined in the 2nd par. of Sec. 1 of B.P. 22 70

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a. A person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. b. He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. c. The check is dishonored by the drawee bank. or a building. b. Offender who is not the owner of said property represented that he is the owner thereof. c. Offender should have executed an act of ownership533 d. The act be made to the prejudice of the owner or a third person.

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.

Estafa by removing, concealing or destroying documents530


a. There be court records, office files, documents or any other papers. b. Offender removed, concealed or destroyed any of them. c. Offender had intent to defraud 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.

Damage or prejudice capable of pecuniary estimation531


a. The offended party being deprived of his money or property, as a result of the defraudation. b. Disturbance in property right, or

Swindling536 by selling, mortgaging or encumbering real


a. Offender is a surety in a bond given in a criminal

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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2. made before the cancellation of his bond, or 3. before being relieved from the obligation contracted by him. executors, administration or assigns to such removal.

Swindling a minor538 a. Offender takes advantage of the inexperience or


emotions or feelings of a minor. b. He induces such minor 1. to assume an obligation, or 2. to give release, or 3. to execute a transfer of any property right. c. The consideration is 1. some loan of money 2. credit, or 3. other personal property. d. The transaction is to the detriment of such minor.

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

Other deceits539 above;

a.

Not

mentioned

fire spreading. Crimes involving destruction544 a. Offender causes destruction of the property

b. Interpretation of dreams, forecast, futuretelling

for profit or gain. Selling or pledging personal property already pledged540


a. Personal property is already pledged under the terms of the chattel mortgage law. b. Offender, who is the mortgagee of such property, sells or pledges the same or any part thereof. c. There is no 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.

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.

Burning ones property as a means to commit arson545

Knowingly removing mortgaged personal property541


Personal property is mortgaged under the chattel mortage law. Offender knows that such property is so mortaged. He removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. The removal is permanent. There is no written consent of the mortgagee or his

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

Arson a. The property burned is the exclusive property of


the offender b. The purpose of the offender in burning it is 1. to defraud or cause damage to another or 2. prejudice is actually caused, or 3. the thing burned is a building in an inhabited

place. Malicious mischief546 Offender deliberately caused damage to the property 72

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of another. Such act does not constitute arson or other crimes involving destruction. The act damaging anothers property be committed merely for the sake of damaging it. spouse before the same passed into the possession of another 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. Offenses involved in the exemption: 1. Theft 2. Swindling 3. Malicious mischief a. Anti-Fencing Law555 and its Implementing Rules and Regulations i) Fencing a) Definition The act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.556 b) Presumption of fencing Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.557 ii) Exception a) With clearance or permit to sell All stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall, before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and 1. regulations promulgated thereunder shall upon conviction be punished as a fence.558 b. Bouncing Checks Law559 plus Administrative Circular No. 12-2000 Re: Penalty for Violation of B.P. 22560 and Administrative Circular No. 132001 Re: Clarification of Admin Circular No. 122000561 i) Punishable acts Any person who makes or draws and issues any check to apply on account or for value,

Special cases of malicious mischief547


Obstruct performance of public functions. Using poisonous or corrosive substances. Spreading infection or contagious among cattle. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public.

Other mischief548 Not included in Art. 328.549


a. scattering human excrement b. killing of cow as an act of revenge

Damage and obstivation to means of communication550


a. Done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal system of railways b. Removing rails from tracks is destruction551 c. Not applicable when telegraph/phone lines dont pertain to railways552 d. People killed as a result: 1. murder if derailment is means of intent to kill none Art 48 e. Circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or other accident a higher penalty shall be imposed

Destroying or damaging statues, public monuments or paintings553


Exemption from criminal liability in crimes against property554 1. Spouse, ascendants and descendants or relatives by affinity in the same line 2. The widowed spouse with respect to the property w/c belonged to the deceased

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knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such drawer shall be liable.562 ii) Evidence of knowledge of insufficient funds The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.563 iii) Preference of imposition of fine Where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty. The determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge.564 c. AntiCarnapping Act of 1972565 i) Definition of terms Carnapping The taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things Motor vehicle Any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts,amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating. Defacing or tampering with a serial number The erasing, scratching, altering or changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number. Repainting Changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. Body-building A job undertaken on a motor vehicle in order to replace its entire body with a new body. Remodeling The introduction of some changes in the shape or form of the body of the motor vehicle. Dismantling The tearing apart, piece by piece or part by part, of a motor vehicle. Overhauling The cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle.566 iii) Who are liable a) Duty of collector of customs The Collector of Customs of a principal port of entry where an imported motor vehicle, motor vehicle engine, engine block chassis or body is unloaded, shall, within seven days after the arrival of the imported motor vehicle or any of

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its parts enumerated herein, make a report of the shipment to the Land Transportation Commission, specifying the make, type and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis or body until it is numbered by the Land Transportation Commission.568 b) Duty of importers, distributors and sellers Any person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep a permanent record of his stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission.569 c) Clearance and permit Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided, That no such permit shall be issued unless the applicant shall present a statement under oath containing the type, make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type, make and serial numbers.570 iv) Punishable acts It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.571 d. Human Security Act of 2007572 i) Punishable acts of terrorism573 e. Anti-Arson Law574 i) Punishable acts I. Arson575 - any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another. II. Destructive Arson - if the property burned is any of the following: 1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored. 2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services. 3. Any church or place of worship or other building where people usually assemble. 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property 5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings. 6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building. 7. Any building, whether used as a dwelling or not, situated in a populated or congested area.576

III. Conspiracy to commit Arson577 11. Crimes Against Chastity


Crimes Elements

Adultery578 a. The woman is married579


b. She has sexual intercourse with a man not her husband. c. As regards the man with whom she has sexual intercourses, he must know her to be married.

Concubinage580 a. The man must be married.

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.

Acts of lasciviousness with the consent of the offended party586


586

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

Promoting or facilitating the prostitution or corruption of persons underage to satisfy


the lust of another

Art. 340

White slave trade588

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

a. Engaging in the business of prostitution


b. Profiting by prostitution c. Enlisting the service of women for the purpose of prostitution.

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

585 Art. 338 Common form is unconditional promise to marry

Consented abduction590 76

590

Art. 343

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(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. b. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act 596 590 Art. 343 i) Child prostitution and other acts of abuse a) Punishable acts (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; 4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;597 and 597 When the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12)

a. Offended party must be a virgin.


b. She must be over 12 and under 18 years of age. c. The taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. The taking away of the offended party must be with lewd Designs Adultery, concubinage, seduction, abduction rape and acts of lasciviousness591 591 Art. 344 Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape. 1. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. Seduction, abduction, rape592 or acts of lasciviousness must be prosecuted upon complaint filed by: 592 Not included (see Art. 266-C, 2nd par) a. offended party b. her parents c. grandparents d. guardians in the order in which they are named above. Civil liability of persons guilty of rape, seduction or abduction593 593 Art. 345 1. To idemnify the offended women 2. To acknowledge the offspring, unless the law should prevent him from doing so 3. In every case to support the offspring Liability of ascendants, other persons entrusted with custody of offended party who by abuse of authority or confidence shall cooperate as accomplies594 594 Art. 346, see Reference a. Anti-Photo and Video Voyeurism Act of 2009595 i) Punishable acts (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy;

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years of age shall be reclusion temporal in its medium period. (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.598 598 Sec. 5. b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and RA 7610, as amended Under RPC: Under R.A. 7610: Acts of lasciviousness must be prosecuted upon complaint filed by: 1. offended party, 2. her parents, 3. grandparents, 4. guardians599 599 in the order in which they are named Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: 1. Offended party; 2. Parents or guardians; 3. Ascendant or collateral relative within the third degree of consanguinity; 4. Officer, social worker or representative of a licensed child-caring institution; 5. Officer or social worker of the Department of Social Welfare and Development; 6. Barangay chairman; or 7. At least three (3) concerned responsible citizens where the violation occurred.600 600 Sec. 27 ii) Obscene Publications and indecent shows a) Punishable acts Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.601 601 Sec. 9 c. Anti-Trafficking in Persons Act of 2003 602 602 R.A. 9208 i) Punishable acts It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines

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or abroad.603 603 Acts of Trafficking in Persons (Sec. 4) The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.604 The following are considered as qualified trafficking: 604 Acts that Promote Trafficking in Persons (Sec. 5) (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale.605 605 Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency

Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).606 606


Qualified Trafficking in Persons (Sec. 6)

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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harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.608 608 Sec. 5 e. Anti-Sexual Harassment Act of 1995609 7877 i) Punishable acts Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employees rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
609

R.A.

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d. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or his heirs.

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.

12. Crimes Against Civil Status


Crimes Elements

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.

Usurpation of civil status613 613 Art. 348


a. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person. b. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto. c. Committed by asuming the filiation, or the parental or conjugal rights of another.

Marriage contracted provisions of laws615


615 Art. 350

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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2. the marriage was in disregard of a legal impediment. clear so that at least a 3rd person would have identified the plaintiff. There are as many crimes as there are persons defamed. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3rd persons. Criterion to determine statements are defamatory whether

Premature marriage616 616 Art. 351


a. A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death b. A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation.

Performance of illegal marriage ceremony617 617 Art. 352


a. Performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities

13. Crimes Against Honor


Crimes Elements

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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threats (Art 283) and in threat to publish (Art 356).

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.

Prohibited publication of acts referred to in the course of official proceedings622


622 Art. 357

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.

Libel by means of writing or similar means619 619 Art. 355


Enumerates the means by which libel may be committed: writing, printing, lithography, engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar means.

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

San Beda 2012BarReviewerinCriminalLaw blemish the honor or another person. reputation of

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.

Incriminating innocent person627


627 Art. 363. Two (2) Kinds: a. making a statement which is i. defamatory or ii. perjurious b. planting evidence

This article is limited to planting evidence and the like


a. Offender performs an act. b. Such act he directly incriminates or imputes to an innocent person the commission of a crime. c. Such act does not constitute perjury.

14. Criminal Negligence Reckless imprudence630 630 Art. 365


a. Offender does or fails to do an act. b. The doing of or the failure to do that act is voluntary. c. Without malice. d. Material damage results. e. There is inexcusable lack of precaution on the part of the offender, taking into consideration 1. his employment or occupation 2. degree of intelligence, physical condition, and 3. other circumstances regarding persons, time and place.

Intriguing against honor628 628 Art. 364


Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot.

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

Simple imprudence631 631 ibid.


Art.64 on mitigating and aggravating circumstances not applicable. Failure to lend

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on the spo t assistance to victim of his negligence:penalty next higher in degree. Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. Contributory negligencenot a defense, only mitigating Last clear chance doctrine-The contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party Emergency rule-An automobile driver, who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice. a. There is lack of precaution on the part of the offender. b. The damage impending to be caused in not immediate or the danger is not clearly manifest.

14. Criminal Negligence Reckless imprudence630 630 Art. 365


a. Offender does or fails to do an act. b. The doing of or the failure to do that act is voluntary. c. Without malice. d. Material damage results. e. There is inexcusable lack of precaution on the part of the offender, taking into consideration 1. his employment or occupation 2. degree of intelligence, physical condition, and 3. other circumstances regarding persons, time and place.

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