Beruflich Dokumente
Kultur Dokumente
CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE (ARTS. 204-212) SECTION ONE: DERELICTION OF DUTY Misfeasance improper performance of some act which might lawfully be done Malfeasance the performance of some act which ought not to be done Nonfeasance omission of some act which ought to be performed ARTICLE 204 KNOWINGLY RENDERING UNJUST JUDGMENT Elements: 1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision; 3. That the judgment is unjust; 4. That the judge knows that his judgment is unjust. Judgment the final consideration and determination of a court of competent jurisdiction upon the matters submitted to it, in an action or proceeding Unjust judgment is one which is contrary to law, or is not supported by evidence, or both Sources of unjust judgment: 1. Error, or 2. Ill-will or revenge, or 3. Bribery There is no liability at all for a mere error in good faith. There must be evidence that the judgment is unjust for it cannot be presumed. The Supreme Court must have declared the judgment as unjust in a certiorari, prohibition, or administrative proceeding.
AFTER MIDTERMS
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As to consideration In both crimes the public officer receives gift. As to existence of agreement There is agreement between the public officer and the giver of gift or present. No such exists agreement
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of a gift or promise. The third form of direct bribery differs from prevaricacion in that in bribery, the offender refrained from doing his official duty in consideration of a gift received or promised. This element is not necessary in the crime of prevaricacion. Elements of direct bribery: 1. That the offender be a public officer; 2. That the offender accepts an offer or a promise or receives a gift or present by
As to necessity of the performance of the act The offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise. It is not necessary that the officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office.
There is no attempted or frustrated indirect bribery because it is committed by accepting gifts offered to the public officer by reason of his office. If he does not accept the gifts, he does not commit the
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Note: PD 46 punishes: 1. Any public official or employee who receives, directly or indirectly; and 2. Any private person who gives, or offers to give: Any gift, present or other valuable thing to any occasion, when such gift, present or other valuable thing is given by reason of the formers official position, whether the same is for past favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions Included within the prohibition is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives. ARTICLE 211-A QUALIFIED BRIBERY Elements: 1. That the offender is a public officer entrusted with law enforcement; 2. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusin perpetua and/or death;
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Malversation may be committed by private individuals in the following cases: 1. Those in conspiracy with public officers guilty of malversation 2. Those who are accessory or accomplice to a public officer 3. Custodian of public funds or property in whatever capacity 4. Depositary or administrator of public funds or property Presumption When demand is made to the accountable officer to account for the funds and property and the same is not forthcoming, this shall be
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The offenders are accountable public officers in both crimes. The offender does not The offender in certain derive any personal gain cases profits from the or profit. proceeds of the crime. The public fund or The public fund or property is applied to property is applied to the another public use. personal use and benefit of the offender or of another person.
ARTICLE 221 FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY Acts Punished 1. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession. Elements: a. Public officer has government funds in his possession. b. He is under obligation to make payment from such funds. c. He fails to make the payment, maliciously. 2. By refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration
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Liability of escaping prisoner: 1. If the fugitive is serving sentence by reason of final judgment, he is liable for evasion of the service of sentence under Art. 157. 2. If the fugitive is only a detention prisoner, he does not incur criminal liability. ARTICLE 225 ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER Elements: 1. That the offender is a private person; 2. That the conveyance or custody of a prisoner or person under arrest is confided to him; 3. That the prisoner or person under arrest escapes; 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence. Art. 225 is NOT applicable if a private person was the one who made the arrest and he consented to the escape of the person he arrested. ARTICLE 226 REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS Elements: 1. That the offender be a public officer; Note: If the offender is a private individual, estafa is committed if there is damage caused. If there is no damage, the crime is malicious mischief. 2. That he removes, conceals or destroys documents or papers; Papers include checks, promissory notes, and paper money. 3. That the said documents or papers should have been entrusted to such public officer by reason of his office; 4. That damage, whether serious or not, to a
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Damage in this article may consist in mere alarm to the public or in the alienation of its confidence in any branch of the government service. ARTICLE 227 OFFICER BREAKING SEAL
Elements: 1. That the offender is a public officer; 2. That he is charged with the custody of papers or property; 3. That these papers or property are sealed by proper authority; 4. That he breaks the seals or permits them to be broken. Damage or intent to damage is not necessary. ARTICLE 228 OPENING OF CLOSED DOCUMENTS Elements: 1. That the offender is a public officer. 2. That any closed papers, documents, or objects are entrusted to his custody. 3. That he opens or permits to be opened said closed papers, documents, or objects. 4. That he does not have the proper authority. The closed document must be entrusted to the custody of the accused by reason of his office. If in opening closed papers or objects, the public officer broke the seal, the offense would be breaking seal under Art. 227 and not the crime of opening a closed document, because the offender must be a public officer not included in the preceding article.
Elements of No. 2: 1. That the offender is a public officer; 2. That he has charge of papers; 3. That those papers should not be published; 4. That he delivers those papers or copies thereof to a third person; 5. That the delivery is wrongful; and 6. That damage be caused to public interest Charge here means control or custody. If the public officer is merely entrusted with the papers but not with the custody, he is not liable under this provision. Damage is an element of the offenses defined in Art. 229. A higher penalty is provided if serious damage is caused otherwise a lower penalty is imposed. This indicates that the lesser penalty refers to causing damage which is not serious.
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duty bound to obey. ARTICLE 232 DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER Elements: 1. That the offender is a public officer; 2. That an order is issued by his superior for execution; 3. That he has for any reason suspended the execution of such order; 4. That his superior disapproves the suspension of the execution of the order; 5. That the offender disobeys his superior despite the disapproval of the suspension. This article does NOT apply if the order of the superior is illegal. ARTICLE 233 REFUSAL OF ASSISTANCE Elements: 1. That the offender is a public officer. 2. That a competent authority demands from the offender that he lends his cooperation towards the administration of justice or other public service. 3. That the offender fails to do so maliciously. There must be damage to the public interest or to a third party. If the offender is a private individual, he may be held liable for contempt. ARTICLE 234 REFUSAL TO DISCHARGE ELECTIVE OFFICE Elements: 1. That the offender is elected by popular election to a public office; 2. That he refuses to be sworn in or to discharge the duties of said office; and 3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. ARTICLE 235 MALTREATMENT OF PRISONERS Elements: 1. That the offender is a public officer or employee; 2. That he has under his charge a prisoner convicted by final judgment or a detention prisoner; 3. That he maltreats such prisoner in either
ARTICLE 230 PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL Elements: 1. That the offender is a public officer; 2. That he knows of the secrets of a private individual by reason of his office; 3. That he reveals such secrets without authority or justifiable reason. If the offender is a lawyer, the crime under Article 209 is committed. If the offender is a private individual, the crime under Article 290 or 291 is committed. Revelation to one person is necessary and sufficient, for public revelation is not required. It is NOT necessary that damage is suffered by the private individual. The reason for this provision is to uphold faith and trust in public service. CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS (ARTS. 231-245) SECTION ONE: DISOBEDIENCE, REFUSAL OF ASSISTANCE AND MALTREATMENT OF PRISONERS ARTICLE 231 OPEN DISOBEDIENCE Elements: 1. That the offender is a judicial or executive officer; 2. That there is a judgment, decision or order of a superior authority; 3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities; 4. That the offender without any legal justification openly refuses to execute said judgment, decision or order, which he is
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2. That he formally resigns from his position; There must be written or formal resignation 3. That his resignation has not yet been accepted; 4. That he abandons his office to the detriment of the public service. Qualifying circumstance when the abandonment of the office has for its purpose to evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes falling within Title 1 and Chapter 1 Title 3 of Book 2 of this Code
Negligence and Tolerance in Prosecution of Offenses (Art. 208) Committed only by public officers who have the duty to institute prosecution for the punishment of violations of the law The public officer does not abandon his office but he fails to prosecute an offense by dereliction of duty or by malicious tolerance of the commission of offenses.
SECTION TWO: ANTICIPATION, PROLONGATION AND ABANDONMENT OF THE DUTIES AND POWERS OF PUBLIC OFFICE ARTICLE 236 ANTICIPATION OF DUTIES OF A PUBLIC OFFICE Elements: 1. That the offender is entitled to hold a public office or employment, either by election or appointment; 2. That the law requires that he should first be sworn in and/or should first give a bond; 3. That he assumes the performance of the duties and powers of such office; 4. That he has not taken his oath of office and/or given the bond required by law. ARTICLE 237 PROLONGING PERFORMANCE OF DUTIES AND POWERS Elements: 1. That the offender is holding a public office; 2. That the period provided by law, regulations or special provisions for holding such office, has already expired; 3. That he continues to exercise the duties and powers of such office. ARTICLE 238 ABANDONMENT OF OFFICE Elements: 1. That the offender is a public officer;
The public officer abandons his office to evade the discharge of his duty.
SECTION THREE: USURPATION OF POWERS AND UNLAWFUL APPOINTMENT ARTICLE 239 USURPATION OF LEGISLATIVE POWER Elements: 1. That the offender is an executive or judicial officer; 2. That he: a. Makes general rules or regulations beyond the scope of his authority or b. Attempts to repeal a law or c. Suspends the execution thereof. ARTICLE 240 USURPATION OF EXECUTIVE FUNCTIONS Elements: 1. That the offender is a judge; 2. That he: a. Assumes a power pertaining to the executive authorities; or b. Obstructs the executive authorities in the lawful exercise of their powers.
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Note: See also RA 7877, the Anti-Sexual Harrassment Act of 1995 which applies where the accused demands, requests or otherwise requires any sexual favors from the victim in a
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TITLE EIGHT: CRIMES AGAINST PERSONS SECTION ONE: PARRICIDE, MURDER, HOMICIDE ARTICLE 246 PARRICIDE Elements: 1. That a person is killed; 2. That the deceased is killed by the accused; and 3. That 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. Cases of parricide when the penalty shall NOT be reclusion perpetua to death: 1. Parricide through negligence (Art. 365). 2. Parricide by mistake (Art. 249). 3. Parricide under exceptional circumstances (Art. 247). The child should not be less than 3 days old; otherwise the crime is infanticide (Art. 255) Relationship of the offender with the victim is the essential element of the crime. Hence: If a person wanted to kill a stranger but by mistake killed his own father, he will be held liable for parricide BUT Art. 49 will apply as regards the proper penalty to be imposed, that is, the penalty for the lesser offense in its maximum period. A stranger who cooperates and takes part in the commission of the crime of parricide is not guilty of parricide but only of homicide or murder, as the case may be. The key element in parricide is the relationship of the offender with the victim. (People vs. Dalag, G.R. No. 129895, April 30, 2003) The relationship between the offender and the victim must be alleged. The law does NOT require knowledge of relationship, thus, a person who killed another not knowing that the latter was his son will still be held guilty of parricide. The fact that the husband only intended to maltreat his wife does not exempt him
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Justification for Art. 247: The law considers the spouse or parent as acting in a justified burst of passion. ARTICLE 248 MURDER Murder unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is present: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employs means to weaken the defense, or of means or persons to insure or afford impunity; 2. In consideration of a price, reward or promise; 3. By means of inundation, fire, poison, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; 4. On occasion of any 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; or 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. (As amended by RA No. 7659) Elements: 1. That a person was killed; 2. That the accused killed him; 3. That the killing was attended by any of the qualifying circumstances mentioned in Art. 248; and 4. That the killing is not parricide or infanticide.
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Euthanasia or Mercy-Killing - is a practice of painlessly putting to death a person suffering from some incurable disease. A doctor who resorted to euthanasia may be held liable for murder under Art. 248 since euthanasia is not giving assistance to suicide BUT doing the killing himself. In euthanasia, the person killed does not want to die. ARTICLE 254 DISCHARGE OF FIREARMS Elements: 1. That the offender discharges a firearm against or at another person; and 2. That the offender has no intention to kill that person. It is not applicable to police officers in the performance of their duties. The PURPOSE of the offender is only to intimidate or frighten the offended party. If in the discharge of firearm, the offended party is hit and wounded, there is a complex crime of discharge of firearm with serious or less serious physical injuries; BUT if only slight physical injuries were inflicted, there is no complex crime (BUT two separate crimes) since such physical injuries constitutes a light felony. The crime is discharge of firearm even if the gun was not pointed at the offended party when it was fired, as long as it was initially aimed by the accused at or against
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Elements: 1. That there is a pregnant woman; 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. That as a result 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; and 4. That the abortion is intended. Person liable in Intentional Abortion: 1. The person who intentionally caused the abortion under Art. 256; 2. The pregnant woman if she consented under Art. 258. As long as the fetus dies as a result of the violence used or the drugs administered, the crime of abortion exists, even if the fetus is over or less than 6 months, or is full term. If the fetus could sustain an independent life (the fetus must have an intrauterine life of not less than 7 months) after its separation from the maternal womb, and it is killed, the crime is infanticide, not abortion. Fetus must die in consummated abortion. If it is intentional abortion and the fetus does not die, it is frustrated intentional abortion when all the acts of execution have been performed by the offender. If the abortion is not intended and the fetus does not die, in spite of the violence intentionally exerted, the crime may only be physical injuries. There is no crime of frustrated unintentional abortion, in view of the lack of intention to cause an abortion. If there is no intention to cause abortion and no violence, there is no abortion of any kind. ARTICLE 257 UNINTENTIONAL ABORTION Elements: 1. That there is a pregnant woman; 2. That violence is used upon such pregnant woman without intending an abortion; 3. That the violence is intentionally exerted; and 4. That as a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom. Violence refers to actual physical force.
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As to PHARMACISTS, the ELEMENTS are: 1. That the offender is a pharmacist; 2. That there is no proper prescription from a physician; and 3. That the offender dispenses any abortive. As to pharmacists, crime is consummated by dispensing abortive without proper prescription from a physician. It is not necessary that the abortive was actually used. It is immaterial that the pharmacist knows that the abortive would be used for abortion. Otherwise, he shall be liable as an accomplice in the crime of abortion should abortion result from the use thereof. SECTION THREE: DUEL ARTICLE 260 RESPONSIBILITY OF PARTICIPANTS IN A DUEL Acts punished: 1. By killing ones adversary in a duel; 2. By inflicting upon such adversary physical injuries; and 3. By making a combat although no physical injuries have been inflicted. Persons liable: 1. The person who killed or inflicted physical injuries upon his adversary or both combatants in any other case, as principals. 2. The seconds, as accomplices. Duel a formal or regular combat previously concerted between two parties in the presence
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In paragraphs 2 and 3, the offended party must have a vocation or work at the time of the injury. Work includes studies or preparation for a profession. Requisites of deformity: 1. Physical ugliness; 2. Permanent and definite abnormality; and 3. Must be conspicuous and visible.
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Paragraph 4 speaks of incapacity for any kind of labor. Note: Hospitalization for more than 30 days may mean either illness or incapacity for labor for more than 30 days. Physical Injuries
The offender physical injuries. Attempted or Frustrated Homicide
inflicts Attempted homicide may be committed, even if no physical injuries are inflicted.
Offender has no intent to The offender has an kill the offended party. intent to kill the offended party.
Qualifying Circumstances: 1. Offense committed against persons enumerated in the crime of parricide. 2. With the attendance of circumstance which qualify the crime to murder. HOWEVER, the qualified penalties are NOT applicable to parents who inflict serious physical injuries upon their children by excessive chastisement. ARTICLE 264 ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES Elements: 1. That the offender inflicted upon another any serious physical injury; 2. That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity; and 3. That he had no intent to kill. It is frustrated murder if there was intent to kill. Administering injurious substance means introducing into the body the substance. It does not apply when the physical injuries that result are less serious or light, they will be treated under Art 265 or 266, as the case may be.
The law includes 2 subdivisions, to wit: 1. The inability for work; and 2. The necessity for medical attendance Therefore, although the wound required medical attendance for only 2 days, yet, if the injured party was prevented from attending to his ordinary labor for a period of 29 days, the physical injuries sustained are denominated as less serious. In the absence of proof as to the period of the offended partys incapacity for labor or of required medical attendance, offense committed is only slight physical injuries. ARTICLE 266 SLIGHT PHYSICAL INJURIES AND MALTREATMENT Kinds: 1. Physical injuries which incapacitated the offended party from one to nine days, or required medical attendance during the same period; 2. Physical injuries which did not prevent the
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If physical injuries were inflicted with an intent to insult or humiliate the injured person, the intent to insult or humiliate shall be: Considered as an aggravating circumstance of ignominy in case of serious physical injuries Considered in increasing the penalty and qualifying the crime in case of less serious physical injuries Separate crime of slander by deed in case of slight physical injuries. ANTI-HAZING LAW (R.A. No. 8049) Hazing is 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 similar activities or otherwise subjecting him to physical or psychological suffering or injury. Allowed Initiation Rites (Section 2) Those that have prior written notice to the school authorities or head of organization 7 days before the conduct of such initiation. The written notice shall contain the following: 1. Period of the initiation activities which shall not exceed 3 days 2. Names of those to be subjected to such activities 3. Undertaking that no physical violence be employed by anybody What acts are punishable: All acts so long as it caused physical injuries at the very least. Persons liable: 1. Officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals if the person subjected to hazing suffers any physical injury or dies as a result thereof. 2. Owner of the place where the hazing is
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Under R.A. 8353, the crime of rape can now be committed by a male or a female. To be CONSUMMATED, it is not essential that there be a complete penetration of the female organ, neither is it essential that there be a rupture of the hymen. However, there must be sufficient and convincing proof that the penis indeed touched the labias or slid into the female organ, and not merely stroked the external surface thereof, for the accused to be convicted of consummated rape. Absent of any showing of the slightest penetration of the female organ, it can only be attempted rape, if not acts of lasciviousness. (People vs. Campuhan, 329 SCRA 270 [2000]) For a charge for rape by sexual assault with the use of ones fingers or any other object to be consummated, there should be evidence of at least the slightest penetration of the sexual organ and not merely a brush or graze of its surface. (People v. Dela Cruz, GR No. 180501, December 24, 2008) There is NO crime of FRUSTRATED RAPE. The slightest penetration or mere touching of the genitals consummates the crime of rape. There is ATTEMPTED RAPE when there is no penetration of the female organ because not all the acts of execution were performed. However, there must be an intention to have carnal knowledge of the woman against her will. Acknowledgment of the consummated act is not considered giving of consent. In Statutory Rape, the offenders knowledge of the victims age is IMMATERIAL. Force employed against the victim of rape need not be of such character as could not be resisted. It is enough that the force used is sufficient to consummate the culprits purpose of copulating with the victim. If the woman contributed in some way to the consummation of the act, this may constitute an offense other than rape. Intimidation includes the moral kind. Having sex with a deaf-mute is not rape in
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Kidnapping with Rape Forcible Abduction with Rape Lewd design came after At the outset, there is the intent to kidnap the already lewd design. victim. It is a special complex It is a complex crime crime. under Article 48 since forcible abduction is a necessary means of committing the crime of rape. If there is an attempted If there is an attempted rape, it shall be rape, the crime considered a separate committed is only crime. forcible abduction, the former being an expression of the lewd design. If there are multiple If there are multiple rapes, there is only one rapes, only one is special complex crime complexed with forcible of Kidnapping with abduction and the rest Rape. shall be considered as separate crimes.
ARTICLE 268 SLIGHT ILLEGAL DETENTION Elements: (PIKO) 1. That the offender is a private individual; 2. That he kidnaps or detains another, or in any manner deprives him of his liberty; 3. That the act of kidnapping or detention is illegal; 4. That the crime is committed without the attendance of the circumstances enumerated in Art. 267.
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SECTION TWO: KIDNAPPING OF MINORS ARTICLE 270 FAILURE TO RETURN A MINOR Elements: (EF) 1. That the offender is entrusted with the custody of a minor person (less than 18 years old); 2. That he deliberately fails to restore the said minor to his parents or guardian; This may also be committed by the mother or father of the child. When committed by either parent, penalty is only arresto mayor. Kidnapping and failure to return a minor (Art. 270) is necessarily included in Kidnapping and Serious Illegal Detention of Minor (Par. 4 of Art. 267), but what differentiates them are the following:
Art. 267 Offender is not entrusted with the custody of the victim Illegally detaining or kidnapping the minor. Art. 270 Offender is entrusted with the custody of the minor What is punished is the deliberate failure of the offender having the custody of the minor to restore him to his parents or guardian
ARTICLE 271 INDUCING A MINOR TO ABANDON HIS HOME Elements: (LI) 1. That a minor (less than 18 years old) is living in the home of his parents or guardian or the person entrusted with his custody; 2. That the offender induces said minor to abandon such home. Inducement must be (a) actual, (b) committed with criminal intent and (c) determined by a will to cause damage. The crime committed may be exploitation of minors depending on the purpose of the inducement. To induce means to influence; to prevail on; to move by persuasion; or to incite by
No period of detention is fixed by law under Art. 269 but the motive of the offender is controlling. Delay in the Delivery of Detained Persons (Art. 125) Unlawful Arrest (Art. 269)
Detention is not authorized by law
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Minor is compelled to render services for the supposed debt of his parent or guardian. Service of minor is not limited to household and farm work.
CHAPTER TWO: CRIMES AGAINST SECURITY (ARTS. 275-289) SECTION ONE: ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF MINORS ARTICLE 275 ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN VICTIM Acts punished: 1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. Elements: (UWOF) a. The place is uninhabited; 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. 2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured. 3. By failing to deliver a child under seven years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place. Uninhabited place is determined by possibility of person receiving assistance from another. The place may still be considered uninhabited in legal
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Elements of Abandonment of Minor: 1. That the offender has charge of the rearing or education of a minor; 2. That he delivers said minor to a public institution or other persons; 3. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it. Elements of Indifference of Parents: (PNP) 1. That the offender is a parent; 2. That he neglects his children by not giving them education; 3. That his station in life requires such education and his financial condition permits it. Failure to give education must be due to deliberate desire to evade such obligation. The "neglect of child" punished under Article 59(4) of PD 603 is also a crime (known as "indifference of parents") penalized under the second paragraph of Article 277 of the Revised Penal Code. (De Guzman v. Perez, et al. G.R. No. 156013 July 25, 2006)
Abandonment of Minor by Persons Entrusted with Custody (Art. 277) The custody of the offender is specific, that is, the custody for the rearing or education of the minor Minor is under 18 yrs. of age Minor is delivered to a public institution or other person
Abandonment of Minor (Art. 276) The custody of the offender is stated in general
Minor is under 7 years of age Minor is abandoned in such a way as to deprive him of the care and protection that his tender years need
ARTICLE 278 EXPLOITATION OF MINORS Prohibited Acts: 1. Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical strength, or contortion,
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Qualifying Circumstance: Delivery of the child is made in consideration of any price, compensation or promise
Exploitation of Minors (Art 278, par. 5) The purpose of inducing the minor to abandon the home is to follow any person engaged in any of the callings mentioned Victim is under years of age 16 Inducing A Minor to Abandon his Home (Art. 271) No such purpose
R.A. 7610 punishes abuse, exploitation and discrimination of minors ARTICLE 279 ADDITIONAL PENALTIES FOR OTHER OFFENSES
Imposition of the penalties prescribed in the preceding articles (Art 275-278) shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished under the Code.
Dwelling place means any building or structure exclusively devoted for rest and comfort. It is not necessary that it be the permanent dwelling of the person. Determining factor of whether a building is a dwelling depends upon the use to which it is put. In general, all members of a household must be presumed to have authority to extend an invitation to enter the house. To commit trespass, the entrance by the accused should be against the presumed/implied or express prohibition of the occupant. Lack of permission does not amount to prohibition. There is an implied prohibition when entrance is made through means not intended for ingress. Rule: Whoever enters the dwelling of another at late hour of the night after the inmates have retired and closed their doors does so against their will. Prohibition in this case is presumed. If a person was killed after trespass by the offender, the following crimes are committed: If there was no intent to kill when he entered - separate crimes of homicide or murder and qualified trespass to dwelling If there was intent to kill when he entered the crime of homicide/murder with dwelling as an aggravating circumstance
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Act constituting the crime is entering the dwelling against the will of the owner.
It is the entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof. Prohibition to enter must be manifest.
Premises signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed. SECTION THREE: THREATS AND COERCION ARTICLE 282 GRAVE THREATS Acts punished: 1. By threatening another with the infliction upon his person, honor, or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition even though not unlawful, and the offender attained his purpose. (with condition) 2. By making such threat without the offender attaining his purpose. (with condition; elements for this act are the same with the first except that the purpose is not attained.) 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. (without condition)
Grave Threats Act threatened amounts to a crime Threats Intimidation is essential Light Threats Act threatened does not amount to a crime Coercion Intimidation or Violence is the essence of the crime Force or Violence must be imminent, actual and immediate.
Cases to which the provision of this article is NOT applicable: 1. If the entrance to anothers dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person. 2. If the purpose is to render some service to humanity or justice. 3. If the place where entrance is made is a caf, tavern, inn and other public house, while the same are open. Note: A person who believes that a crime has been committed against him has every right to go after the culprit and arrest him without any warrant even if in the process he enters the house of another against the latters will. (Sec. 6, Rule 113, Rules of Court) ARTICLE 281 OTHER FORMS OF TRESPASS Elements: (CUMN) 1. That the offender enters the closed premises or the fenced estate of another 2. That the entrance is made while either of them is uninhabited; 3. That the prohibition to enter be manifest; 4. That the trespasser has not secured the permission of the owner or the caretaker thereof.
Qualified Trespass to Dwelling (Art. 280) Offender is a private person. Other Forms of Trespass (Art. 281) The offender person. is any
future
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immediate member or members of his family or; b. Imposing a condition, whether lawful or unlawful. In order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases is punishable under PD 1829. ARTICLE 283 LIGHT THREATS Elements: (TNDA/N) 1. That the offender makes a threat to commit a wrong; 2. That the wrong does not constitute a crime; 3. That there is a demand for money or that other condition is imposed even though not unlawful; 4. That the offender has attained his purpose or, that he has not attained his purpose. Note: Blackmailing may be punished under Art. 283. ARTICLE 284 BOND FOR GOOD BEHAVIOR When a person is required to give bail bond: 1. When he threatens another under the circumstances mentioned in Art. 282. 2. When he threatens another under the circumstances mentioned in Art. 283. Art. 35
Provides for bond to keep the peace Not made applicable to any particular case It is a distinct penalty If the offender fails to give the bond, he shall be detained for a period not exceeding 6 months (if prosecuted for grave/less grave felony) or not exceeding 30 days (if prosecuted for light felony)
Qualifying Circumstance: If threat was made in writing or through a middleman. Elements of Grave Threats where the offender attained his purpose: (TCDA) 1. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong; 2. That such wrong amounts to a crime; 3. That there is a demand for money or that any other condition is imposed, even though not unlawful; 4. That the offender attains his purpose. Elements of Grave Threats NOT subject to a condition: (TCN) 1. That the offender threatens another person with the infliction upon the latters person, honor, or property, or upon that of the latters family, of any wrong. 2. That such wrong amounts to a crime. 3. That the threat is not subject to a condition. The third form of grave threats must be serious in the sense that it is deliberate and that the offender persists in the idea involved in his threats. Intimidation (promise of future harm or injury) is the essence of the crime The crime of threats is consummated the moment the threat comes to the knowledge of the person threatened. If there is another crime actually committed or the objective of the offender is another crime, and the threat is only a means to commit it or a mere incident to its commission, the threat is absorbed by the other crime. If the threat was made with the deliberate purpose of creating in the mind of the person threatened the belief that the threat would be carried into effect, the crime committed is grave threat, and the minor crime which accompanied it should be disregarded. When the offender demands the money or property on the spot, the crime is not grave threats BUT robbery with intimidation.
Art. 284
Provides for bond for good behavior Applicable only to cases of grave threats and light threats It is an additional penalty If he shall fail to give bail, he shall be sentenced to destierro
Note: a. Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any
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meetings, expressing his opinions or casting his vote through the use of force or intimidation. When COMPELLING is not considered Coercion: Under Art. 127: When a public officer compels a person to change his residence. Under Art. 267: When a person kidnaps his debtor to compel him to pay. Elements: (PCVN) 1. That a person prevented another from doing something not prohibited by law, or by compelling him to do something against his will, be it right or wrong; 2. That the prevention or compulsion be effected by violence, threats or intimidation. 3. That the person that restrained the will and liberty of another has no right to do so, or in other words, that the restraint is not made under authority of law or in the exercise of any lawful right. When PRISION MAYOR shall be imposed: (VCP) 1. If the coercion is committed in violation of the exercise of the right of suffrage. 2. If the coercion is committed to compel another to perform any religious act. 3. If the coercion is committed to prevent another from performing any religious act.
Grave Coercion The act of preventing by force must be made at the time the offended party was doing or about to do the act prevented. Grave Coercion Intent to deprive the offended party of his liberty is not clear (i.e. may freely leave the house but is compelled to return). Unjust Vexation The act was already done when the violence was exerted.
No condition imposed.
ARTICLE 286 GRAVE COERCION Two Ways of Committing Grave Coercion: (PC) 1. By preventing another by means of violence, threats or intimidation, from doing something not prohibited by law. (Preventive) 2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong. (Compulsive)
Preventive The act prevented to be done must not be prohibited by law Compulsive The act compelled to be done by another against his will may or may not be prohibited by law
When PREVENTING is not considered Coercion: Under Art. 132: When a public officer prevents the ceremonies of a religious group. Under Art. 143: When a person prevents the meeting of a legislative assembly. Under Art. 145: When a person prevents a member of Congress from attending
Grave Coercion If the offended party is not a prisoner, extracting information using force or intimidation is coercion.
Maltreatment of Prisoners If the offended party is a prisoner, extracting information using force or intimidation is maltreatment.
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ARTICLE 289 FORMATION, MAINTENANCE, & PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS Elements: 1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work; 2. That the purpose is to organize, maintain or prevent coalitions of capital or laborers or lockout of employers. The act should not be a more serious offense. Peaceful picketing is allowed. When the picketers employ violence or if they make threats, they shall be held liable for coercion. Preventing employee from joining any registered labor organization is punished under the Labor Code, not under the RPC.
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ARTICLE 291 REVEALING SECRETS WITH ABUSE OF OFFICE Elements: (MLR) 1. That the offender is a manager, employee or servant; 2. That he learns the secrets of his principal or master in such capacity; 3. That he reveals such secrets. Damage is not necessary. ARTICLE 292 REVELATION OF INDUSTRIAL SECRETS Elements: (MSRP) 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment; 2. That the manufacturing/industrial establishment has a secret of the industry which the offender has learned; 3. That the offender reveals such secrets; 4. That prejudice is caused to the owner. Secrets must relate to manufacturing process. Prejudice is an element in this offense
TITLE TEN: CRIMES AGAINST PROPERTY ARTICLE 293 WHO ARE GUILTY OF ROBBERY Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything. Classification of Robbery: 1. Robbery with violence against, or intimidation of persons (Arts. 294, 297 and 298). 2. Robbery by use of force upon things (Arts. 299 and 302). Elements of Robbery in general: 1. That there be personal property (bienes muebles) belonging to another; 2. That there is unlawful taking (apoderamiento or asportacion) of that property; 3. That the taking must be with intent to gain (animus lucrandi); 4. That there is violence against or intimidation of any person or force used upon things.
It is necessary that offender seizes papers or letters another to discover secret of the latter.
If there is a secret discovered, it is not necessary that it be revealed. Act punished is the seizure of correspondence so as to discover the secrets of the offended party.
Act punished is the revelation of secrets by the officer by reason of his office.
Article 290 NOT applicable to: 1. Parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or study; 2. Spouses with respect to the papers or letters of either of them.
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SECTION ONE: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS ARTICLE 294 ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS Acts Punished under this Article: 1. (a) When by reason or on occasion of the robbery, the crime of homicide is committed; (b) or when the robbery is accompanied by rape or intentional
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Note: There is no crime of Robbery with Multiple Homicide or Robbery with Multiple Counts of Rape. Although there be more than one instance of homicide/murder or rape, they shall be considered as embraced under one special complex crime of either Robbery with Homicide or Robbery with Rape. Neither shall the additional rape/s or homicide/s be considered aggravating. Unless and until a law is passed providing that the additional rape/s (or homicide/s) may be considered aggravating, the Court must construe the penal law in favor of the offender as no person may be brought within its terms if he is not clearly made so by the statute. (People vs. Sultan, G. R. No. 132470, April, 27, 2000). Robbery with Arson In the case of robbery with arson, it is essential that the robbery precedes the arson. There must be an intent to commit robbery and no killing, rape or intentional mutilation should be committed in the course of the robbery, or else, arson will only be considered an aggravating circumstance of the crime actually committed. Robbery with Serious Physical Injuries Par 2 and par. 3 of this article also apply even when the serious physical injuries referred to therein are inflicted upon a corobber. th Under the 4 act punishable, clause A, the violence need not result in serious physical injuries. The first clause in Art 294 par 4 requires only that the violence be unnecessary for the commission of the crime. To be considered as robbery with physical injuries, the injuries inflicted must be serious; otherwise, they shall be absorbed in the robbery. However, if the less serious or slight physical injuries were committed after the robbery was consummated, that would constitute a separate offense. Under clause B, it is required that the physical injuries be inflicted in the course
Intimidation is personal. Intimidation is directed only to the person of the victim. The gain of the culprit is immediate. Bribery He parts with his money, in a sense, voluntarily. Grave Coercion No intent to gain
ARTICLE 295 ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE BY A BAND OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY Qualified Robbery with Violence Against or Intimidation of Persons: Nos. 3, 4, and 5 of Article 294 if committed: 1. In an uninhabited place (despoblado); or 2. By a band (en cuadrilla); or 3. By attacking a moving train, street car, motor vehicle, or airship; or 4. By entering the passengers compartments in a train, or in any manner
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firearm in murder and homicide is now considered not as a separate crime but merely a special aggravating circumstance. Use of unlicensed firearm by a band in the commission of robbery with physical injuries cannot be offset by a generic mitigating circumstance. Requisites for liability for the acts of 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. The other members of that band committed an assault; 4. He did not attempt to prevent the assault. Proof of conspiracy is not necessary when four or more armed persons committed robbery. The circumstance that the robbery was committed by a band would only be appreciated as an ordinary aggravating circumstance in Robbery with Homicide. No such crime as robbery with homicide in band. (People vs. Apduhan, Jr., G.R. No. L-19491, August 30, 1968)
If the crime committed is robbery with homicide, rape, mutilation or arson (Par. 1) or with physical injuries under subdivision 1 of Art. 263 (Par. 2), despoblado and cuadrilla will each be considered only as a generic aggravating circumstance. ARTICLE 296 DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF Outline: 1. When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band. 2. When any of the arms used in the commission of robbery is not licensed, the penalty upon all malefactors shall be the maximum of the corresponding penalty provided by law without prejudice to the criminal liability for illegal possession of firearms. 3. Any member by a band who was present at the commission of a robbery by the band, shall be punished as principal of any assaults committed by the band, unless it be shown that he attempted to prevent the same. Art. 296, just like Art. 295, also applies only to robbery under pars. 3, 4 and 5 of Art. 294, and not to robbery with homicide, rape, intentional mutilation, arson or the physical injuries in par. 1 of Art. 263. PD 1866 penalizes illegal possession of firearm in addition to criminal liability for robbery by a band. Under R.A. No. 8294, the use of unlawful
ARTICLE 297 ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCES Special Complex Crime: When by reason or on occasion of an attempted or frustrated robbery, a homicide is committed. Homicide under this article is also used in its generic sense - to include any other unlawful killing. However, if the killing legally constituted murder or parricide, the offense will continue to be covered by Art. 297 with the technical name stated therein, but the penalty shall be for murder or parricide because Art. 297 states, unless the homicide (killing) committed shall deserve a higher penalty under this Code. The penalty is the same whether the robbery is attempted or frustrated. If homicide is not consummated, the crimes of robbery and attempted or frustrated homicide: 1. May be complexed (Article 48), or 2. Considered as separate crimes, or 3. Considered as one crime, one absorbing the other.
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Elements: (Subdivision B) 1. Offender is inside a dwelling house, public building or edifice devoted to religious worship, regardless of the circumstances under which he entered it. 2. The offender takes personal property belonging to another with intent to gain under any of the following circumstances: a. by the breaking of internal doors, wardrobes, chests, or any other kind of sealed furniture or receptacle b. by taking such furniture or objects away to be broken open outside the place of the robbery Entrance into the building by any means mentioned in subdivision (a) of Article 299 is not required in robbery under subdivision (b) of the same article. The term door under this subdivision refers only to doors lids or opening sheets
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The palay must be kept by the owner as seedling or taken for that purpose by the robbers.
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Punishable Acts 1. Piracy (Section 3) 2. Highway robbery/brigandage (Section 3) 3. Aiding pirates or highway robbers/ brigands or abetting piracy or highway robbery/ brigandage (Section 4)
PD 532 Mere conspiracy to constitute the offense of brigandage is not punishable (presupposes that acts defined are actually committed) Brigandage (Art. 306, RPC) Mere formation of a band for any purpose indicated in the law is punishable
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ARTICLE 307 AIDING OR ABETTING A BAND OF BRIGANDS Elements: 1. That there is a band of brigands; 2. That the offender knows the band to be of brigands; 3. That the offender does any of the following acts: a. That he aids, abets, or protects such band of brigands; b. That he gives them information on the movements of the police or other peace officers of the government; or c. That he acquires or receives property taken by such brigands. It shall be presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven.
ARTICLE 306 BRIGANDAGE Elements: 1. There be at least four armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a. To commit robbery in a highway; or b. To kidnap persons for the purpose of extortion or to obtain ransom; or c. To attain by means of force or violence any other purpose Presumption of law as to brigandage: All are presumed to be highway robbers or brigands, if any of them carry unlicensed firearm. Brigandage may be committed without the use of firearms. The term armed covers arms and weapons in general, not necessarily firearms. The only things to prove are: 1. That there is an organization of more than three armed persons forming a band of robbers; 2. That the purpose of the band is any of those enumerated in Art. 306; 3. That they went upon the highway or roamed upon the country for that purpose; 4. That the accused is a member of such band.
Brigandage Purpose: commit robbery in highway; or to kidnap person for ransom; or any other purpose attained by force and violence Agreement commit robberies. is to several is Robbery in Band Purpose: commit robbery, not necessarily in highways
CHAPTER THREE: THEFT (ARTS. 308-311) ARTICLE 308 WHO ARE LIABLE FOR THEFT Theft is committed by any person who, with intent to gain but without violence or intimidation of persons nor force upon things, shall take the personal property of another without the latters consent. Elements: 1. That there be taking of personal property; 2. That said property belongs to another; 3. That the taking be done with intent to gain; 4. That the taking be done without the consent of the owner; 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. Theft is likewise committed by: 1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; It is necessary to prove: a. The time of the seizure of the thing; b. That it was a lost property belonging to another; and c. That the accused having had the opportunity to return or deliver the lost property to its owner or to the local authorities, refrained from doing so. The term lost property embraces loss by stealing. The finder in law can also be held
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From the moment the offender gained possession of the thing, even if the culprit had no opportunity to dispose of the same, the unlawful taking is complete (People vs. Salvilla, GR. No. 86163, April 26, 1990). The ability of the offender to freely dispose of the property stolen is not a constitutive element of the crime of theft. It finds no support or extension in Article 308, whether as a descriptive or operative element of theft or as the mens rea or actus reus of the felony (Valenzuela vs. People of the Philippines, G. R. No. 160188, June 21, 2007). Theft is not limited to an actual finder of lost
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Qualified Theft only: If material or physical possession was given to the offender Estafa only: If material plus juridical possession were given to the offender CATTLE RUSTLING LAW of 1974 (P.D. 533) Cattle Rustling is defined as the taking away by means, method or scheme, without the consent of the owner/raiser, of any large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of persons or force upon things. It includes the killing of large cattle or taking it as meat or hide without the consent of the owner/raiser. Large Cattle shall include the cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. Goats are not large cattle. Presumption of Cattle Rustling: Failure to exhibit the required documents by any person having in his possession, control, or custody of large cattle, upon demand by competent
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ARTICLE 313 ALTERING BOUNDARIES OR LANDMARK Elements: 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same; 2. That the offender alters said boundary marks. Altering is understood in its general and indefinite meaning. Any alteration is enough to constitute the material element of the crime.
CHAPTER FIVE: CULPABLE INSOLVENCY (ART. 314) ARTICLE 314 FRAUDULENT INSOLVENCY Elements: 1. That the offender is a debtor, that is, he has obligations due and demandable; 2. That he absconds with his property;
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Unlike in the Insolvency Law, Art. 314 does not require for its application that the criminal act should have been committed after the institution of insolvency proceedings. CHAPTER SIX: SWINDLING AND OTHER DECEITS (ARTS. 315-318) ARTICLE 315 SWINDLING/ESTAFA Elements in general: 1. That the accused defrauded another by abuse of confidence, or by means of deceit; 2. That the damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons. Damage or prejudice may consist of: 1. Offended party being deprived of his money or property as a result of the defraudation; 2. Disturbance in property rights; 3. Temporary prejudice. Note: Profit or gain must be obtained by the accused personally and mere negligence in allowing another to benefit from the transaction is not estafa. I. Estafa with Unfaithfulness or Abuse of Confidence A. Estafa with unfaithfulness (Article 315, No. 1-A) Elements: 1. That the offender has an onerous obligation to deliver something of value; 2. That he alters its substance, quantity or quality; 3. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons. It is estafa even if the obligation be based on an immoral or illegal obligation. When there is no agreement as to the quality of thing to be delivered, the delivery of the thing not acceptable to the complainant is
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Is Novation a Ground to Extinguish Criminal Liability under Estafa? NO. The Novation of the contract or obligation AFTER criminal liability for Estafa has been INCURRED is NOT a ground to extinguish the offenders criminal liability. Novation is not one of the grounds for the extinguishment of criminal liability under Art. 89 of the RPC. HOWEVER, where such novation, occurs BEFORE the criminal liability for Estafa has been incurred, that is when not all the elements therefore are present, then no criminal liability attaches.
Note: If an object was received to be sold, but instead it was pledged, estafa is committed. If an object was to be pledged, but instead it was sold, theft is committed.
Estafa Malversation Offenders are entrusted with funds or property Considered as continuing offenses The funds or property Usually public funds are private or property Offender is a private Offender who is individual or even a usually a public officer public officer who is is accountable for not accountable for public funds or public funds or property property. There is no estafa Malversation can be through negligence committed through abandonment or negligence Crime is committed by misappropriating, converting or denying having received money, goods, or other personal property Crime is committed by appropriating taking or misappropriating or consenting, or through abandonment or negligence, permitting any other person to take the public funds or property
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C.
Ways of commission: A. Art. 315 No. 2 (A): 1. By using a fictitious name. 2. By falsely pretending to possess
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Take Note: While the written notice of dishonor and demand is not an element in the violation of BP 22, the failure to give such notice to the maker, drawer or issuer of the bouncing check is FATAL to an action to hold the latter criminally liable. The full payment of the amount appearing in the check within five banking days from notice of dishonor is a "complete defense" against BP 22 The absence of a notice of dishonor necessarily deprives an accused an opportunity to preclude criminal prosecution. Accordingly, procedural due process clearly enjoins that a notice of dishonor be actually served on the maker, drawer or issuer of the check. He has a right to demand that the notice of dishonor be actually sent to and received by him to afford him the opportunity to avert prosecution under B.P. 22. (Lina Lim Lao v. People, G.R. No. 119178, June 20, 1997) B. Failing to keep sufficient funds to cover the full amount of the check. Elements: 1. That a person has sufficient funds with the drawee bank when he makes or draws and issues a check 2. That he fails to keep sufficient funds or
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Estafa (RPC)
Endorser who acted with deceit knowing that the check is worthless will be criminally liable Malum in se It is the means to obtain the valuable consideration from the payee (debt is not preexisting) False pretenses or deceit and damage, or at least intent to cause damage, are essential and the false pretenses must be prior to or simultaneous with the damage caused Given 3 days after receiving notice of dishonor
Deceit and damage are not elements of the crime; the gravamen of the offense is the issuance of the unfunded check
The drawer is given 5 days after receiving notice of dishonor within which to pay or make arrangements for payment That there are no funds or no sufficient funds at the time of issuance or at the time of presentment if made within 90 days
That there are no funds or there are insufficient funds at the time of issuance
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Estafa (RPC)
Not necessary that the drawer should know at the time that he issued the check that the funds deposited in the bank were not sufficient to cover the amount of the check No presumption of knowledge arises
B. Estafa by resorting to some fraudulent practice to insure success in gambling (Article 315 No. 3B) C. Estafa by removing, concealing or destroying documents (Article 315 No. 3C) Elements: 1. That there be court record, office files, documents or any other papers; 2. That the offender removed, concealed or destroyed any of them; 3. That the offender had intent to defraud another.
Infidelity in Custody of Document (Art. 226)
E. Art. 315, No. 2(E) 1. By obtaining food, refreshment or accommodation at hotel, inn, restaurant, boarding house, lodging house or apartment house without paying thereof, with intent to defraud the proprietor or manager thereof 2. By obtaining credit at any of the said establishments by the use of any false pretense 3. By abandoning or surreptitiously removing any part of his baggage from any of the said establishment after obtaining credit, food, refreshment or accommodation therein, without paying therefor. III. Estafa Through the Following Means A. Estafa by inducing another to sign any document (Article 315 No. 3A) Elements: 1. That the offender induced the offended party to sign a document; 2. That deceit be employed to make him sign the document; 3. That the offended party personally signed the document; 4. That prejudice be caused. Note: If offended party willingly signed the document and there was deceit as to the character or contents of the document, the crime committed is falsification. BUT where the accused made representation as to mislead the complainant as to the character of the documents, it is considered estafa.
Same manner of committing the crime Offender is a public The offender is a officer who is private individual or officially entrusted public officer who is with the document. not officially entrusted with the documents Intent to defraud is There is intent to not necessary. defraud.
ARTICLE 316 OTHER FORMS OF SWINDLING Persons liable: 1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber or mortgage the same. Elements: a. That the thing be immovable, such as a parcel of land or a building; (property must actually exist) b. That the offender who is not the owner of said property should represent that he is the owner thereof; c. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property); d. That the act be made to the prejudice of the owner or a third person.
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Presumption and prima facie evidence of intent to defraud (Section 14) The mere possession, control or custody of: a. An access device, without permission of the owner or without any lawful authority; b. A counterfeit access device; c. Access device fraudulently applied for; d. Any device-making or altering equipment by any person whose business or employment does not lawfully deal with the manufacture, issuance, or distribution of access device; e. An access device or medium on which an access device is written, not in the ordinary course of the possessor's trade or business; or f. A genuine access device, not in the name of the possessor, or not in the ordinary course of the possessor's trade or business, shall be prima facie evidence that such device or equipment is intended to be used to defraud. A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.
CHAPTER SEVEN: CHATTEL MORTGAGE (ARTS. 319) ARTICLE 319 REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY Acts punishable: A. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it is located at the time of execution of the mortgage, without the written consent of the mortgagee or his executors, administrators or assigns.
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If the mortgagee elected to file a suit for collection, not foreclosure, thereby abandoning the mortgage as basis for relief, the removal of the property is not a violation of par 1 of Art 319. Chattel mortgage must be valid and subsisting.
B. By selling or pledging personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located. Sale or Pledge of Mortgaged Property Elements: 1. Personal property is pledged under Chattel Mortgage Law; 2. Offender, who is the mortgagor, sells or pledges the same property or any part thereof; 3. No consent of mortgagee written on the back of the mortgage and noted on the record thereof in the Office of the Register of Deeds. Damage to the mortgagee is not essential.
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Attempted, frustrated or consummated arson: 1. A person, intending to burn a wooden structure, collects some rags, soaks them in gasoline and places them beside the wooden wall of the building. When he is about to light a match to set fire to the rags, he is discovered by another who chases him away. The crime committed is attempted arson, because the offender commences the commission of the crime directly by overt acts (placing the rags soaked in gasoline beside the wooden wall of the building and lighting a match) but he does not perform all the acts of execution (the
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2. Any charring of the wood of a building, whereby the fiber of the wood is destroyed, is sufficient. It is necessary that the wood should be ablazed. And the mere fact that a building is scorched or discolored by heat is not sufficient to constitute consummated arson. 3. Setting fire to the contents of a building constitutes the consummated crime of setting fire of a building, even if no part of the building was burned. The offense is committed by a syndicate if it is planned or carried out by a group of three or more persons. If a part of the building commences to burn, the crime is consummated arson, however small is the portion burned. When there is fire, the crime committed is either frustrated (e.g. set fire to the blankets but fire was put out before any part of the building was burned) or consummated arson, never attempted. There is no complex crime of arson with homicide. The crime of homicide is absorbed. CHAPTER NINE: MALICIOUS MISCHIEF (ARTS. 327-331) Malicious Mischief is the willful damaging of anothers property for the sake of causing damage due to hate, revenge or other evil motive. ARTICLE 327 MALICIOUS MISCHIEF Elements: 1. That the offender deliberately caused damage to the property of another; 2. That such act does not constitute arson or other crimes involving destruction; 3. That the act of damaging anothers property be committed merely for the sake of damaging it.
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Requirements of pardon: 1. Must come before the institution of the criminal prosecution; 2. Both offenders must be pardoned. There is an implied pardon: Act of intercourse with offending spouse subsequent to the adulterous conduct When there is consent, whether implied or expressed, of the husband, he cannot institute a criminal complaint for adultery. Under the law there can be no accomplice in the crime of adultery, although in fact there can be such an accomplice.
Recrimination husbands illicit relationship does not absolve but may mitigate wifes liability for adultery. ARTICLE 334 CONCUBINAGE Who are liable? 1. The married man 2. The woman who knew that the man was married. Elements: 1. That the man must be married; 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling (mistress must live therein as such); b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife (proof of actual sexual relations not required as long as it can be inferred); c. Cohabiting with her in any other place (as husband and wife); 3. As regards to the woman, she must know him to be married. Conjugal dwelling means the home of the husband and wife even if the wife happens to be temporarily absent on any account. Scandalous circumstances are not necessary to make a husband guilty of concubinage by keeping a mistress in the conjugal dwelling.
The acts performed by There is no intent to have offender clearly indicate sexual intercourse. that his purpose was to lie with the offended woman, it is attempted.
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The lascivious acts are The lascivious acts are but the preparatory acts the final objective sought to the commission of by the offender. rape. Manner of commission is the same. The performance of lascivious character is common to both.
4. That there is abuse of authority, confidence or relationship on the part of the offender. Virgin refers to a woman of chaste character or a woman of good reputation. Virginity in this sense does NOT mean physical virginity. Virginity is presumed if the woman is unmarried and of good reputation. The following are the OFFENDERS: 1. Those who abused 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 confidence reposed in them: e. Priest f. House servant g. Domestic 3. Those who abused their relationship: h. Brother who seduced his sister i. Ascendant who seduced his descendant j. A domestic is different from a house servant, it means any person living under the same roof as a member of the same household, and includes boarders or house-guests but not transients or visitors. k. The fact that the girl gave her consent to the sexual intercourse is no defense. In the same way, lack of consent of the girl is not an element of the offense. l. The seduction of a sister or descendant is known as incest. Virginity of the sister or descendant is not required and she may be over 18 years of age. Relationship must be by consanguinity. The relationship need not be legitimate. ARTICLE 338 SIMPLE SEDUCTION Elements: 1. That the offended party is over 12 and under 18 years of age; 2. That she must be of good reputation, single or widow; 3. That the offender has sexual intercourse with her; 4. That it is committed by means of deceit. Deceit generally takes the form of
What constitutes lewd or lascivious conduct must be determined from the circumstances of each case. The presence or absence of the lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. There can be no attempted and frustrated acts of lasciviousness. In People v. Jalosjos (GR No. 132876279, Nov. 16, 2001), the SC adopted the definition of lascivious conduct in Sec. 32, Art. XIII of the Implementing Rules and Regulations of RA 7610, which reads as follows: The intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks; or the introduction of any object into the genitalia, anus or mouth of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person. CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE (ARTS. 337-341) ARTICLE 337 QUALIFIED SEDUCTION
Two classes: 1. Seduction of a virgin over 12 years and under 18 years of age by persons who abuse their authority or the confidence reposed. 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age and reputation. Elements: 1. That the offended party is a virgin; 2. She must be over 12 and under 18 years of age; 3. That the offender had sexual intercourse with her;
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in a work, environment.
education
or
training-related
Prohibited acts: Demanding, requesting, or otherwise requiring any sexual favor from the other, regardless of whether the demand, request, or requirement is accepted by the object of the act. ARTICLE 340 CORRUPTION OF MINORS (AS AMENDED BY BP 92) Prohibited acts to promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another. Under age means under 18 years of age. The victim must be of good reputation and not a prostitute or corrupted person. It is not necessary that the unchaste acts shall have been done since what is being punished is mere act of promotion or facilitation. Special Protection of Children Against Child Abuse Act (R.A. 7610) Child prostitution and attempt to commit child prostitution are punished under this Act. Sec. 5. Child Prostitution and other Sexual Abuse Children whether male or female, who for money, profit or 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. Persons liable: 1. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to the following: a. Acting as a procurer of a child prostitute; b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; c. Taking advantage of influence or relationship to procure a child as a prostitute; d. Threatening or using violence towards a child to engage him/her as a prostitute; e. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. 2. Those who commit the act of sexual intercourse or lascivious conduct with a
There is an oversight in the law where the victim is exactly 12 years of age. If the victim is below 12, the crime will be rape, or unconsented acts of lasciviousness or forcible abduction. Hence Art. 339 stating over 12 years of age should be construed as twelve years of age and over, thus construing the doubt in favor of the accused. ANTI-SEXUAL HARRASMENT ACT (R.A. No. 7877)
Persons penalized: Employer, employee, manager, supervisor, teacher, professor, instructor, coach, trainor, or any other person having authority, influence, or moral ascendancy over another
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profit motive is not required. (Regalado) White slave trade may be with or without the consent of the woman, while slavery for the purpose of assigning the woman to immoral traffic (Art. 272) is committed against her will.
CHAPTER FOUR: ABDUCTION ARTS. 342343 Abduction is meant the taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or corrupt her. Two Kinds of Abduction: 1. Forcible abduction (Art. 342) 2. Consented abduction (Art. 343) ARTICLE 342 FORCIBLE ABDUCTION Elements: 1. That the person abducted is a woman; regardless of her age, civil status, or reputation; 2. That the abduction is against her will; 3. That the abduction is with lewd design.
Forcible Abduction With Lewd design There is no deprivation of liberty. Grave Coercion/ Kidnapping No lewd design There is deprivation of liberty.
Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction Attempted Rape is absorbed by Forcible Abduction as the former constitutes the element of lewd design. If girl is under 12 crime is ALWAYS FORCIBLE ABDUCTION even if she voluntarily goes with her abductor. Sexual intercourse is not necessary in forcible abduction. The intent to seduce the girl is sufficient. ARTICLE 343 CONSENTED ABDUCTION
The first two modes require the element of profit and habituality. In the third mode, the
Elements: 1. That the offended party must be a virgin; 2. That she must be over 12 and under 18 years if age; 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; 4. That the taking away of the offended party
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Pardon by the offended party who is a minor must have the concurrence of parents except when the offended party has no parents. Marriage of the offender with the offended party in seduction, abduction and acts of lasciviousness extinguishes criminal action or remits the penalty already imposed, and it benefits the co-principals, accomplices and accessories. In rape, it extends only as to the principal.
ARTICLE 345 CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY Persons who are guilty of rape, seduction or abduction shall also be sentenced: 1. To indemnify the offended woman; 2. To acknowledge the offspring, EXCEPT: a. In adultery and concubinage since only a natural child may be acknowledged b. Where either the offended party or the accused is married c. When paternity cannot be determined as in multiple rape d. Other instances where the law should prevent the offender from doing so; In every case to support the offspring. Note: Under the Family Code, children are classified as only either legitimate or illegitimate, with no further positive act required from the parent, as the law itself provides the childs status. Natural children under the Civil Code fall within the classification of illegitimate children under the Family Code. Art. 176 of the Family Code confers parental authority over illegitimate children on the mother and provides their entitlement to support in conformity with the Family Code.
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The unlawful sale of the child by its father was held to be not punishable under this Code (US vs. Capillo et. al., 30 Phil 349). Now, it is punishable under PD 603, with its Art. 59(3) which imposes 2-6 months imprisonment and/or P500.00 fine. Furthermore, if the accused shall engage in trading and dealing with children, including the act of buying and selling of child, that crime of child trafficking is punished with reclusin temporal to reclusin perpetua under Sec 7, R.A. No. 7610. In the third way of committing this crime, three requisites must be present, namely: 1. The child must be legitimate; 2. The offender conceals or abandons such child; and 3. The offender has the intent to cause such child to lose its civil status. Note: Abandoning means to leave a child in a public place where other people may find the child. Art. 276 (Abandoning distinguished from Art. 347
Art. 276 Crime against security. The offender must be the one who has the custody of the child. The purpose of the offender is to avoid the obligation of rearing and caring for the child.
Minor)
Art. 347 Crime against the civil status of a person. The offender is any person. The purpose is to cause the child to lose its civil status.
ARTICLE 348 USURPATION OF CIVIL STATUS Usurping the civil status of another is committed by assuming the filiation, or the parental or conjugal rights of another with intent to enjoy the rights arising from the civil status of the latter. Crime is qualified if the purpose is to defraud offended parties and heirs. It is absolutely necessary in order to constitute this crime that the intent of the offender is to enjoy the rights arising from the civil status of the person impersonated. Otherwise, the case will
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Since the purpose of this article is to avoid cases of doubtful paternity, the woman will not be liable thereunder if: (a) she has already delivered; and (b) she has conclusive proof that she was not pregnant by her first spouse since he was permanently sterile (People vs. Masinsin, CA, 49 OG 3908).
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The solemnizing officer of any of the foregoing illegal marriages who performs or authorizes the same, despite his knowledge of the illegality, shall be punishable under Sec. 39 of Act No. 3613. TITLE THIRTEEN: CRIMES AGAINST HONOR CHAPTER ONE: LIBEL (ARTS. 353-362) SECTION ONE DEFINITIONS, FORMS, AND PUNISHMENT OF THIS CRIME ARTICLE 353 LIBEL Elements: 1. That, there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance; 2. That the imputation must be made publicly; 3. That it must be malicious; 4. That the imputation must be directed at a natural person or a juridical person, or one who is dead; 5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. Test of defamatory imputation: A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach the honesty, virtue or reputation, or to hold him up to public ridicule.
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c.
Any recording, communication or spoken word obtained in violation of the provisions of this Act INADMISSIBLE IN EVIDENCE in any judicial, quasi-judicial or administrative hearing or investigation. ARTICLE 355 LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS Committed by means of: 1. Writing
Requisites of the second kind of privileged communication: 1. That it is fair and true report of a judicial, legislative, or other official proceedings
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If defamatory remarks are made in the heat of passion which culminated in a threat, the derogatory statements will not constitute an independent crime of libel but a part of the more serious crime of threats. Administrative Circular No. 08-2008, issued on January 25, 2008, laid down a rule of preference for the imposition of a fine only rather than imprisonment in libel cases. The Administrative Circular provides that: 1. It does not remove imprisonment as an alternative penalty for the crime of libel under Article 355 of the Revised Penal Code; 2. The Judges 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 imperatives of justice; 3. 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 provisions on subsidiary imprisonment. ARTICLE 356 THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION Acts punished: 1. Threatening another to publish a libel concerning him, or his parents, spouse, child or other members of the family. 2. Offering to prevent the publication of such libel for compensation or money consideration This is also known as blackmail. Art. 283 regarding light threats is another form of blackmail. Blackmail may be defined as any lawful
Under Republic Act No. 1477: A newspaper reporter cannot be compelled to reveal the source of the news report he made, unless the court or a House or committee of Congress finds that such revelation is demanded by the security of the state. ARTICLE 358 SLANDER (oral defamation) Kinds: 1. Simple slander 2. Grave slander, when it is of a serious and insulting nature Factors that determine the gravity of the oral defamation: 1. Expressions used; 2. Personal relations of the accused and the offended party; 3. Circumstances surrounding the case; 4. Social standing and position of the offended party.
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Notes: Gossiping is considered as oral defamation if a defamatory fact is imputed or intriguing against honor if there is no imputation. Self-defense in slander may only be invoked if his reply is made in good faith, without malice, is not necessarily defamatory to his assailant and is necessary for his explanation or defense. ARTICLE 359 SLANDER BY DEED Slander by Deed is a crime committed by performing any act which casts dishonor, discredit or contempt upon another person. Elements: 1. That the offender performs any act not included in any other crime against honor; 2. That such act is performed in the presence of other persons; 3. That such act cast dishonor, discredit, or contempt upon the offended party. If there is no intent to dishonor the offended party, the crime is maltreatment by deed under Article 266. Slander by deed is of two kinds: 1. Simple slander by deed, 2. Grave slander by deed, that is, which is of a serious nature. Common Element of Slander by deed and Unjust Vexation: Irritation or Annoyance; without any other concurring factor, it is only Unjust Vexation; if the purpose is to shame or humiliate, Slander by deed. SECTION TWO: GENERAL PROVISIONS ARTICLE 360 PERSONS RESPONSIBLE FOR LIBEL 1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means. 2. The author or editor of a book or pamphlet. 3. The editor or business manager of a daily newspaper magazine or serial publication. 4. The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication.
Defense in Defamation: 1. It appears that the matters charged as libelous is true; 2. It was published with good motives; AND 3. For a justifiable end.
Incriminating Innocent Persons Offender does not avail himself of written or spoken word in besmirching the victims reputation.
Defamation Imputation is public and malicious calculated to cause dishonor, discredit, or contempt upon the offended party.
ARTICLE 362 LIBELOUS REMARKS Libelous remarks or comments connected with the matter privileged under the provisions of Art. 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. CHAPTER TWO: INCRIMINATORY MACHINATIONS (ART. 363-364) ARTICLE 363 INCRIMINATING INNOCENT PERSONS Elements: 1. That the offender performs an act; 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime;
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less grave felony or light felony; 2. By committing through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony; 3. By causing damage to the property of another through reckless imprudence or simple imprudence or negligence; 4. By causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light felony
Imprudence Negligence
They are not crimes. They merely determine a lower degree of criminal liability. They are means of committing a crime. Deficiency of action Deficiency of perception Failure in advertence To avoid wrongful acts: paying proper attention and using due diligence in foreseeing them Failure in precaution To avoid wrongful acts: one must take the necessary precaution once they are foreseen
ARTICLE 364 INTRIGUING AGAINST HONOR Committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another. This refers to such intrigues against a persons honor or reputation which are not otherwise punished under other articles of the code. It differs from defamation in that it consists of tricky or secret plots and may be committed without using written or spoken words which are defamatory
Intriguing Against Honor Source of derogatory statements cannot be determined Consists of some tricky and secret plot Passes such utterances without subscribing to the truth of the remarks Defamation Source is known
Reckless Imprudence consists in voluntarily but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Elements: 1. That the offender does or fails to do an act. 2. That the doing of or the failure to do that act is voluntary. 3. That it be without malice. 4. That material damage results. 5. That there is inexcusable lack of precaution on the part of the person performing or failing to perform such act taking into consideration a. Employment or occupation. b. Degree of intelligence, physical condition. and c. Other circumstances regarding persons, time and place. Test of negligence: Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued? If so, the law imposes a duty on the actor to refrain from that course or to take precaution against its
Committed in a public and malicious manner The remarks made are claimed to be true
TITLE FOURTEEN: QUASI-OFFENSES SOLE CHAPTER: CRIMINAL NEGLIGENCE (ART. 365) ARTICLE 365 IMPRUDENCE AND NEGLIGENCE Four ways of committing quasi- offenses under Art 365: 1. By committing through reckless imprudence any act which, had it been intentional, would constitute a grave or
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Doctrine of Last Clear Chance: The contributory negligence of the party injured 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 and not by his own negligence, is
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