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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

CRIMES AGAINST PERSONS 1. In all the crimes against persons, except rape, the intention of the offender is to commit violence from the very beginning.

J. PERALTA TRANSCRIPT - IMPORTANT

#i.e. when a policeman fires a gun as a MURDER warning shot$ 3ith intent to *ill from the very beginning+ 4ualifying circumstances under !rticle 10 of the 5C

2.

If someone dies, there are 5 possible crimes: parricide, murder, homicide, death during a tumultuous affray, & infanticide.

4.

In determining intent to *ill, consider: a. b. weapon used the manner of committing the act #even if the weapon is not lethal, the manner may show intent to *ill$ c. utterances if any

3.

Consider who the victim/s is/are and other circumstances that distinguish the crimes: elatives by consanguinity !scendants and descendants " spouse #and not collateral relatives i.e. bothers and

PARRICIDE

PHYSICAL IN)URIES SLIGHT *m %tre tment+i%%tre tment, 1o prolonged treatment needed #not more than 6 days$ MUTILATION Incapacity/medical treatment for more than 6 but less than (7 days Illness/incapacity for more than (7 days LESS SERIOUS SERIOUS

INFANTICIDE

sisters$ %ess than &' hours #or ( days$ old )even if it is the mother herself who *ills her baby+ this is not parricide even though there,s a relationship! stranger or participant dies during a fight between groups that were not initially organi.ed to *ill each other It cannot be determined who *illed the victim/s #otherwise the crime will me murder or homicide$, so everyone who participated in inflicting blows will be liable. In the case of a fraternity initiation, the Anti-h !in" L # applies. /here is no attempted or frustrated stage in this crime #unli*e the other 0$ for the simple reason that there is no attempted or frustrated death. 1o intent to *ill+ 2nlawful act If the act is lawful and there is no intent to *ill but there is a bsence of due diligence, the crime is rec$%e&& im'rudence re&u%tin" in homicide(

DEATH DURING TUMULTUOUS AFFRAY

1. 2.

If the mutilated part is a reproductive organ, it is &eriou& intention % muti% tion( If the mutilated part is 18/ a reproductive organ and there is intent to mutilate, it is intention % muti% tion(

3.

If the intent is only to in9ure and not to mutilate, in.urie&( the crime is &eriou& 'h-&ic %

CRIME OF PASSION

1.

:Immediately after; does not refer to a fixed period. If the offender is continuously motivated by what he saw during the lapse, he is not in control of himself. !n hour or so spent loo*ing for weapons #or whatever$ may be 9ustified by his loss of control.

HOMICIDE

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS


'. <ince this is an absolutory cause, the act of *illing your spouse and the :other; party becomes a lawful act.

J. PERALTA TRANSCRIPT - IMPORTANT

In 2u %i3ied+&im'%e &eduction1 the woman must always be a :virgin,; meaning of good reputation.

3.

1ow if the lawful act is not done with due diligence, the offender may still be liable for rec$%e&& im'rudence re&u%tin" in 'h-&ic % in.urie& #or some other crime$(

2.

/he element of consent in carnal *nowledge may change the nature of the crime:

a.

If the girl who consents is 1' years old and below or demented 1 that is always r 'e under the 5C= Consent is immaterial.

4.

/his absolutory cause applies to a father who *ills his daughter and/or her seducer immediately after catching them in the act of sexual intercourse #apply the elements of simple or 4ualified seduction$.

b.

If the girl who consents is more than 1' and less than 1>1 r 'e only exists if it is the father/stepfather who committed the crime. If not, the crime could either be &im'%e or 2u %i3ied &eduction under the 5C( ?owever, RA4567 affords special protection to children over 1' and under 1>(

A/ORTION

1. 2.

It is intention % if the purpose is to *ill the fetus. /here can be a crime of ' rricide #ith un+intention % 0ortion( If the purpose is to *ill the fetus and the wife died, it is with intentional abortion+ if to *ill the wife, it is unintentional abortion.

c.

If the girl who consents is 1> years old or over, the crime is never rape but 2u %i3ied &eduction #par. ' of art. ((&$.

3.

In the preceding case, if there is intent to *ill the wife and it is attended by an aggravating circumstance such as treachery, the crime is murder #ith unintention % 0ortion( (.

<exual assault can be committed by:

a. b.
0.

Inserting the penis into another,s mouth or anal orifice Inserting any ob9ect into the genital or anal orifice of another

4.

In the same case, if the purpose is to *ill the fetus, even if there are aggravating circumstances, the crime will be homicide #ith intention % 0ortion(

/here is no frustrated rape because slightest penetration is already consummated.

5.

If the intention was to *ill both the baby and the mother, then there will be &e' r te crime& #it is 18/ murder with intentional abortion$ because there are ' different intentions(

5.
C.

@issionary rape is &im'%e r 'e. AogBstyle rape is &im'%e r 'e ""r 8 ted 0- i"nomin-( ape, sexual assault, and rape with an aggravating circumstance may be committed by the same person. <o if you change positions #bac* and front$, that,s ' counts of rape already D one is aggravated, one is not. If you

RAPE

1.

In r 'e1 a woman of 4uestionable morality can be the victim as the law ma*es no distinction.

insert something else into the girl, that,s another crime.

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

J. PERALTA TRANSCRIPT - IMPORTANT

7.

/heoretically, rape is determined by how many times the private organ touched the lips #People vs. Orilla). /he interval of time doesn,t matter. ealistically, it,s hard to prove the actual number of times that the penis touched the opening.

13.

emember that if there,s a relationship between the offender and a victim under 1', particularly as stepfather and stepdaughter #common law husband of mother$, sexual violence will be covered by RA :;5; or Anti8io%ence " in&t <omen nd Their Chi%dren( ape in this case would not be automatically covered by the 5C. ather, the right way to word the rape or sexual assault as a violation is: "he law that is violated is RA 9262 in relation to the law in the RPC. /his is because the offense is considered a violation under the !, but the penalty is found in the 5C.

8.

If the man is incapable of erection, the basis of the crime is his intention. If there was only lewd design (pindot-pindot only), that,s ct& o3 % &ci8iou&ne&&( If there was an attempt to penetrate, that,s ttem'ted r 'e( )%ogically, nonBerection will be a tough defense. 3hy would a man who intends to penetrate a woman be there if he can,t get an erectionEE 3hy will he be on top of the woman if he supposedly can,t get hard, or at least had the intention to do more than lewd actsEE /he courts will be more inclined to consider the act as attempted rape if intent to penetrate can be proven.-

14. /he

same goes for rape of a girl over 1' and

under 1>. /he law that is violated is RA 4567 *L # on Chi%d A0u&e, in re% tion to the RPC( 2nder the law on Child !buse, the pimps and the managers/administrators of establishments who allowed any sexual abuse on children are also liable.

6.

In a case where a man allegedly masturbated and placed his penis on top of the girl,s thing, the <C said that it was acts of lasciviousness, not attempted rape since there was no apparent intent to penetrate.

15. Inserting a vibrator into a girl who is under 1'


is &e9u % && u%t under RA 4567 *&ec( =1 ' r( /,, not under rape #(CC$ because the penalty is higher in the law than in the 5C. In ! &C17, the term :lascivious is used, not :acts of conduct;

10. Se9u
body.

% && u%t includes fingers or any part of

the body other than the private organ of the

lascivious conduct; D <C 9ustified the difference in penalty by saying that :lascivious touching of vibrator, etc. >UALIFIED RAPE 1. Fualified rape still exists, but you can no longer impose death penalty. /he accused can invo*e reclusion perpetua instead. '. Gxamples of 4ualified rape under ! >(5(: conduct; vagina, includes insertion of

11. If

the rape victim dies, that is a special

comple! crime of r 'e #ith homicide( It is not a complex crime under !rticle 0>, thus, there is no such thing as rape with attempted or frustrated homicide.

12. In a case where an ob9ect is inserted into the


private organ of the woman who afterwards died, the crime is a special comple! crime of &e9u % homicide the law. & 3orm o3 r 'e #ith homicide( /here is a specific penalty under

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

J. PERALTA TRANSCRIPT - IMPORTANT

a.

Hictim is under 1> and the offender is a father/stepfather, ascendant, guardian, ( civil degree
rd

*idnap, if at the time of the arrest there was no loc* up, it is only "r 8e coercion(

or

relative

by

5.

!ttempted *idnapping is hard to prove. If someone is being *idnapped but the policemen were able to apprehend the offender before the victim was placed in the car, that is only grave coercion even though the intent was to *idnap.

consanguinity or affinity within the b. c. d. !ccused was suffering from an </A and he *new that at the time of rape Hictim was pregnant and accused *new that 8ffender is a police or military member and the victim was under his custody e. Hictim is of religious calling ape is committed in front of the spouse, parent, children, or relatives within the (rd civil defer g. h. i. Hictim is below & years old 3hen the victim was permanently disabled or physically mutilated Hictim had a mental or disability, physical emotional disorder,

6.

If the victim dies, there can be $idn ''in" nd &eriou& i%%e" % detention #ith homicide or murder( It can also be complexed with rape.

f.

FORCI/LE A/DUCTION 1. Can only be committed against a woman for the purposes of lewd design.

2.

If the purpose of abducting the woman is to deprive her of her liberty, that is $idn ''in" nd &eriou& i%%e" % detention(

handicap and the offender *new TRAFFIC?ING ?IDNAPPING AND SERIOIUS ILLEGAL DETENTION

1. 2.

1.

<elling, recruiting, exchanging, etc. persons for sale or barter !1A for a purpose #i.e. sexual exploitation, involuntary servitude, debt bondage, prostitution, selling body parts$ is punishable under RA :;7C1 Tr 33ic$in" o3 Per&on&(

Is committed when the intention of the offender is to deprive liberty. In $idn ''in" @ &eriou& i%%e" % detention, there must be the element of loc* up #deprivation of liberty+ If there is no loc* up yet, that is only "r 8e coercion(

2.
complete

If the abduction has a purpose, it is tr 33ic$in" not *idnapping. ?ere, the ta*ing is always against the will so there is always deprivation of liberty. /he purpose of abduction changes the nature of the crime.

3.

ALoc$ u'B doesn,t mean being enclosed somewhere. It only means deprivation of liberty or complete restraint. /ied hands and feet, stuffed mouth, blindfold, etc. are considered loc* ups. If you cannot see, move, or tal*, that is already $idn ''in".

3.

Child traffic*ing D sale or barter of a child without any purpose B is under RA 45671 Chi%d A0u&e(

4.

/he intention of the offender is immaterial. 3hat is important is the element of loc* up. /hus, even if the intention of offender is to

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS


G@G@IG : if the purpose is to sell the child,s organs, it is RA :;7C because the law expressly says so.

J. PERALTA TRANSCRIPT - IMPORTANT

'.

8nly the specific acts mentioned in !rticle '&> of the 5C may be punishable here.

TRESSPASSING ?IDNAPPING ANG FAILURE TO RETURN A MINOR

1.

:/respassing; is entering without the owner,s consent. /his is different from 8io% tion o3 domici%e *6;C, where the offenders are public officers tas*ed to ma*e sei.ures and searches. Tre&' && to d#e%%in" is committed by persons who are not public officials.

1. 2.

8nly happens if the *idnapper had custody of the minor and has the duty to return him/her. !ccording to the <C decision in '77C, there is *idnapping for ransom when there is intent to demand ransom. !ctual demand is not necessary. It is difficult, however, to prove such intent.

2.

3hen the trespassing is done with violence, threat, or intimidation, it is 2u %i3ied tre&' && to d#e%%in"( /he violence used must not be so serious.

A/ANDONMENT

1.

!bandoning one,s own victim

3.

If the violence has something to do with the entry, even if it too* place after physical entry #i.e. the owner bloc*ed the trespasser$, the crime is still 4ualified trespassing. If it has nothing to do with the entry, the d#e%%in" only becomes an aggravating circumstance to another crime.

a.

8nly applicable to crimes of rec*less imprudence and not to intentional crimes.

b.

?ere, if the crime if not intentional and the offender abandons his victim, he will be liable for a separate crime of abandonment.

4.

Kor example, *illing is too much violence. If it was done without any connection to the entry, then dwelling will be absorbed in the crime of homicide.

'.

5erson in the verge of death

a. b.

8nly

applicable

if

the

place

is

uninhabited. :2ninhabited; means that at any given time, there are no people at that place. If there are no people only at a certain time #i.e. when the crime was committed$, it does not ma*e the place uninhabited.

5.

Other 3orm& o3 tre&' && pertain to entry to vacant property. /his may be done on ' occasions: a$ when the owner is there and he prevents you from entering+ and b$ when the owner is absent but the property is fenced.

6.

/respassing is different from the crime of entr- to re % 'ro'ert- or occu' tion o3 re % ri"ht&+'ro'ert-( In the latter, the entry is attended with intent to gain, but there is no ta*ing of tangible property li*e in robbery. 3hat is sei.ed is the use, ownership, or other property rights. Gxamples:

3.

@inor J child under & years

EDPLOITATION OF MINORS 1. /his has already been amended by ! &C17. If the acts are under the Child !buse %aw, that shall apply.

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS


a. Aigging a hole and removing the soil so you can crawl to the other side of the property b. Claiming vacant property and

J. PERALTA TRANSCRIPT - IMPORTANT

'.

?ere, the threat is 18/ sub9ect to a condition unli*e in grave threats. OTHER LIGHT THREATS

residing there #used to be antiB s4uatting law$

1. '.

/hreatening another with a weapon or drawing a weapon in a 4uarrel 21%G<< it is selfBdefense 8rally threatening another with some harm that is not a crime and in the heat of anger, and then later on desists #If it does not fall under the other threats$

THREATS GRAEE THREATS

1. 2.

/here is :grave threat; when there is bodily harm Gr 8e thre t& may be committed in ' ways: a$ 3hen there is a threat constituting a crime !1A sub9ect to a future condition w/n it is fulfilled+ and '$ !ny other threat of infliction amounting to a crime upon the person or property of the complainant or of his family 1.

3.

!ny other oral threat that does not constitute a crime and does not have a condition.

COERCION GRAEE COERCION Lrave coercion is sometimes synonymous to :ta*ing the law into your own hands;

(.

!ny grave coercion consists of forcing someone to do something against his/her will.

2.

/he coercion is used to a$ compel someone to do something or to b$ prevent another from doing a lawful act against his will

4.

If there is no future condition accompanying the threat, then that could be robbery. Kor instance, #ive me your money or $ will %ill you; sounds li*e robbery, while #ive me your money tomorrow or else $ will %ill you is 1.

3.

emember: if there is no loc*up, it is grave coercion, not illegal detention. LIGHT COERCION ' ways: a. Korcing someone to pay his/her debt to you #i.e. sei.ing property, forcing someone payment$ b. 2n9ust vexation to render services as

definitely a grave threat. In ro00er-, the victim,s compliance is immediate while in "r 8e thre t, nonBcompliance in the future will lead to the commission of another crime #the threat itself$. 5. Gven if the threat is fulfilled, the act of ma*ing it already consummates the crime. LIGHT THREATS 1. ' important elements: a. b. c. /he threat does not constitute a crime /here is a demand for money /he threat ta*es place in the future

2.

:2n9ust vexation; is a form of light coercion, which is causing someone annoyance that is short of causing in9ury. If there is in9ury, it may amount to &% nder 0- deed or i%% tre tment(

3.

<tal*ing a woman, however, is under RA :;5; #Hiolence !gainst 3omen and Children$.

RO//ERY @ THEFT

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

J. PERALTA TRANSCRIPT - IMPORTANT

:house; will only be appreciated as an RO//ERY <ITH FORCE UPON THINGS *;::, 8ccurs when the sub9ect matter of the robbery pertains to inhabited or uninhabited shelters. /hese include houses, public or private buildings, ships D public or private. /his category does not include cars. aggravating circumstance of dwelling.

2.

If on occasion of a robbery, rape, homicide, arson, intentional mutilation, or arson, the crime is ro00er- #ith 8io%ence hereH( " in&t or intimid tion o3 'er&on& #ith G'% ce crime a. b. /he secondary crimes need not be done :on occasion of; robbery It may be :by reason of; robbery, so that any *illing is done at any other time is included #i.e. running over someone while escaping with a car$ c. :Milling; means through culpa or rec*less imprudence. Intention is not necessary+ negligence will suffice.

1.

KI </ @8AG: /he unlawful entry is the determinative factor regardless of the manner of the unlawful ta*ing. @ay be committed by: a. b. Irea*ing a wall, roof, window, etc. Gntering an opening that is not intended for entry or exit even if no brea*ing #i.e. window$ c. d. 2sing a fictitious name or pretending to be public authority 2se of a false *ey

d.

I2/ if the intention was to *ill and the robbery was only incidental, there are separate crimes of murder nd the3t. /heft only because no more violence was used to steal from the dead.

2.

<GC81A @8AG: /here is lawful entry and then later on you brea* open a receptacle, cabinet, etc 8 you brought out the receptacle and opened it outside. RO//ERY IN UN+INHA/ITED PLACES

e.

/here is no such thing as robbery with multiple homicides/rapes. Gxcess *illings will be included in the generic term :homicide; and :rape.;

1.

&obbery in uninhabited places is essentially the same with &obbery with force upon things. /he only different is that you cannot commit robbery with simulation of public authority in the latter because in there are no persons in uninhabited places.

f.

/here is a crime of ro00er- #ith homicide rape. nd r 'e1 because obviously, homicide cannot absorb

2.

obbery in a car is the3t(

g.

/here is no crime of robbery with frustrated homicide. I2/, there can be a crime of ttem'ted+3ru&tr ted ro00er- #ith homicide( /his is true where the victim supposedly dies, but he wa*es up and is able to stop

RO//ERY <ITH EIOLENCE *;:F, 8ccurs when the robbery is directed against the person and there is violence.

1.

obbery

with

force

upon

things

the robber. It is not robbery with murder because homicide is used

#lawful/unlawful entry$ may evolve into a crime of robbery with violence. In these cases,

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS


in its generic sense. 'how

J. PERALTA TRANSCRIPT - IMPORTANT

:Iand;

here

is

also

an

aggravating

complicated()

circumstance.

3.

<light physical in9uries and less serious in9uries cannot be complexed with robbery. /hat is only &im'%e ro00er-(

8.

/he crime is ro00er- #ith u&e o3 3ire rm on &treet1 ro d1 or %%e- when: a. b. firearms are used it is committed by attac*ing a van, moving train, street car, motor vehicle or airship 8 road, highway, or alley /he maximum penalties will be imposed in these cases. on a street,

a.

/here is, however, ro00er- #ith &eriou& 'h-&ic % in.urie& if there was no homicide.

b.

/here is also no crime of robbery with homicide and physical in9uries in case where some people survived with serious physical in9uries while others died. /he in9uries will be included in :homicide.;

9.

Lenerally, treachery and cruelty can only be appreciated in crimes against persons. /he <C made an exception in the case of robbery. In People vs. 0scote, the robber held a gun against a sleeping person and when the latter wo*e up, the former shot him. ?ere, treachery was appreciated in the crime of robbery with homicide. In another case, cruelty was appreciated as well. )Nustice 5 thin*s this is wrongTHEFT *I7C,

4.

If the crime of robbery is committed by four or more persons, and it falls under pars. *,+,, of article -.+ )w/ violence- it is ro00er- in 0 nd( /hese are physical in9uries resulting in: a. b. c. loss of speech/smell loss of an eye, hand, foot, arm or leg 8 their use incapacity to engage in the wor* that one was habitually engaged in for more than (7 days at least d. e. f. illness for more than (7 days deformation loss of other body parts

/heft occurs when there is ta*ing of property without force or intimidation.

1.

/here is no crime of frustrated theft because the element of free disposal was eliminated by the <upreme Court. 1ow, as long as the offender commits unlawful ta*ing, theft is already consummated.

and when there was use of violence and intimidation that was clearly unnecessary for the robbery.

6.

If robbery is committed by a band but it falls under par. -, art. -.+ )which is par. 1 of art. 'C( B in9uries resulting in imbecility, impotency, blindness, insanity- it is ro00er#ith 'h-&ic % in.urie& 00 nd( :Iand; is 9ust an aggravating circumstance in this case.

'.

/heft can be committed by a person who finds something that does not belong to him/her, but he/she does not return it to the owner or surrenders the thing to the authorities. #Kinders are not *eepers=$

7.

!ccording to 9urisprudence, when the robbery is under par. /, art. -.+, the crime us denominated as ro00er#ith homicide(

3.

In a case where a dog was ta*en, *illed, and eaten after, there are different crimes. /he person who *illed the dog is liable for

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS


m %iciou& mi&chie3 while the person who ate the coo*ed dog is liable for the3t under paragraph ', article (7>(

J. PERALTA TRANSCRIPT - IMPORTANT

d.

! ban* teller may be considered a domestic helper if he/she unlawfully ta*es money from a depositor after the latter deposited his money. /he reason is the teller was entrusted to *eep the ban*,s money, but instead steals it.

4.

<tealing

fruits

and

other

products

after

entering an enclosed estate is the3t, as long as they are not a$ coconuts from a coconut plantation or b$ fish from a fishpond since these are 2u %i3ied the3t( >UALIFIED THEFT *I67, 1. 3ays of committing 4ualified theft: a. Committed by a domestic servant 3ith grave abuse of confidence /hing stolen is a motor vehicle, mail matter, or large cattle d. 5roperty is ta*en during a calamity, vehicular disturbance '. /heft committed by a domestic servant is not automatically 4ualified theft. /here must be L !HG abuse of confidence. accident, or civil

3.

3hen there is ta*ing of another,s property, consider the sub1ect matter of the crime and the manner, time, and place of commission of the crime.

0.

<2IN @!//G :

b. c.

a.

If the sub9ect matter is a motor vehicle, it can be either 2u %i3ied the3t or RA 5=I7 #c rn ''in"$.

i.

Carnapping committed violence, threat, or

may by any occasion a you person

be using other of is

intimidation,

unlawful means. ii. If on carnapping, *illed,

a.

If you loc*ed your room and cabinets while servant you were away, and the stole your personal

cannot

denominate the crime as carnapping with homicide.

belongings nonetheless B that is mere abuse of confidence #not grave$. /his is only the3t(

iii.

/he carnapping law uses the word :*illing; /he not crime :homicide.; crime of

b.

If, however, you leave your cabinets and room unloc*ed while you are away, and the domestic servant stole something from you B D there is grave abuse of confidence because you trusted your helper. /his is 2u %i3ied the3t(

becomes a special complex 2u %i3ied c rn ''in"(

b.

If it is cattle, bovine, etc., it is a 8io% tion o3 PD 5=I: #c tt%e ru&t%in" J unlawful ta*ing and/or butchering$(

c.

emember, there must some sort of trust given to the domestic helper.

c.

If it is fish ta*en from a fishpond or coconuts from a plantation, the crime is 2u %i3ied the3t. If not from

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS


the fishpond or plantation, it is &im'%e the3t(

J. PERALTA TRANSCRIPT - IMPORTANT

1.

Gssential elements: a. b. c. obbery ta*es place in the highway /here is no predetermined victim /he acts of robbery must be committed indiscriminately, not to specific/isolated persons.

d. 2.

@ail matters fall under 2u %i3ied the3t(

@!11G : If the ta*ing is done with no violence, it is the3tJ with violence, ro00er-J with grave abuse of confidence, 2u %i3ied the3t(

2.

If a chauffeur robs his master while he is driving a private car, that is only &im'%e ro00er- because there is a predetermined victim.

3.

5%!CG: If the ta*ing is done along the highway, the crime can either be &im'%e ro00er- or PD =I; *hi"h# - ro00er-,(

3.

If the robbery is committed in a bus that is on a highway and 17 persons are robbed, that is only one crime of ro00er- no matter how many victims because there is only one act of robbing a bus. ?owever, if two buses are robbed in the same highway by the same offenders, it will be considered hi"h# ro00er- because there were ' acts of robbery.

4. 5.

/I@G: If on occasion of a calamity, 2u %i3ied the3t( G%!/I81<?I5: If there is a relationship between the offender and the offended party, it is also 2u %i3ied the3t(

/RIGANDAGE 1. /he elements of brigandage are: a. @ore than ( armed men Kormed for the purpose of either committing highway robbery or extorting ransom ESTAFA

b.

1.

In e&t 3 , there must be both physical and 9uridical possession. It is the3t there is only physical possession.

2.

2.
mentioned is

In

determining

w/n

there

is

9uridical

?ere, the mere formation of a group of brigands punished. for the purposes

possession, the 4uestion to as* is: 2an the offender put up the defense of ownership or lawful possession if the owner files a case against him3 If yes1 there is 9uridical possession, thus there is e&t 3 . #i.e. If the thing is supposed to be returned to the owner after a certain period of time, the answer is no.$

3.

If the men actually committed the highway robbery or *idnapping for ransom, they will be liable for a crime of hi"h# - ro00er- or $idn ''in" 3or r n&om( /he 0 armed men will be considered an aggravating circumstance of band.

3.

In the3t1 there is unlawful possession from the very beginning. In e&t 3 1 there is lawful possession from the start.

4.

If there are only three or less than three persons that form a group for the said purposes, that will be a crime of i%%e" % &&em0%-(

4.

/here is no estafa through falsification of private document. It,s either estafa or falsification of private document, or both.

HIGH<AY RO//ERY

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J. PERALTA TRANSCRIPT - IMPORTANT

5.

/he act of not returning property by itself is not estafa under par. 1 #civil obligation only$. Gstafa involves alteration of substance, misappropriation, etc.

12. 1onBpayment of credit card bills is not estafa+


it is under a special law. <tealing a credit card is not theft either, because the thing itself has no value. It is only a crime when you use the card.

6.

Gener %%-,

novation

does

not

extinguish

criminal liability for estafa. E9ce'tionK when it is committed under par. 1, unfaithfulness and abuse of confidence. /he reason why novation cannot extinguish liability in pars. ' O ( is because you cannot alter something that is false/misrepresented or fraudulent from the very beginning.

13. /he

<C said that I.5. '' applies when the A!2A occurs when the drawer

dishonor is drawn against uncollected deposit #A!2A$. promised to deposit the money needed to support a chec* written by him so that the ban* encashes the chec* in consideration of the promise, but is unable to collect from the drawer later on. /(P( ;; */OUNCING CHEC? LA<, 1. ( elements: a. issuance of a chec* for valuable consideration+

7.

/he acts of misrepresentation under ' r( ; must be 'rior to or &imu%t neou& #ith the ' rtin" o3 "ood& )li*e in simple seduction-. 8therwise, there is no estafa. /he reason is that if the misrepresentation occurred after, the parting of the goods would not be because of the misrepresentation but because of other things #i.e. belief that the other party will issue a good chec*, instead of the other party actually issuing a chec* that is not bac*ed up by sufficient funds$.

b.

drawer *new he had no sufficient funds when he wrote it #by showing a written notice of dishonor that was sent, even though not received$+

c.

chec* was presented and dishonored

>.

/he only effect of paying later on for estafa under pars. ' O ( is that the payment will be considered as a mitigating circumstance e4uivalent to a plea of guilty. It will not erase criminal liability.

2.

one intent to cause damage through deception D 6 count o3 estafa through issuance of bouncing check (for all bouncing checks) and a separate count+& o3 violation of B.P. 22 *for each check)J no intent to cause damage D violation of /(P( ;; only since it is malum prohibitum

9.

unlawful possession form the beginning B the3tJ lawful possession but failed to deliver B e&t 3

3.
of a document with violence or

!s long as one of the elements is committed in the 5hilippines #i.e. issued here, drawn here, used to pay an obligation here, etc.$, the law will apply whether it is a local or foreign chec*.

10. <igning

intimidation D ro00er-+ <igning of a document with intent to deceive D e&t 3

11. Aestroying C82

/ documents or records of the

court with deceit by any person D e&t 3 + but if 18/ C82 / records by a public officer D in3ide%it- in the cu&tod- o3 document&

4.

! chec* becomes stale if it is not presented for payment within 1>7 days from its due date. /he 67Bday period in I.5. '' refers to the number of days the payee is entitled to

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the presumption that the drawer *new he had no sufficient funds at the time he wrote the chec*. /he chec* must be presented for payment within 67Bdays+ otherwise, the payee is not entitled to the presumption #then it,ll be very hard to prove element P'$.

J. PERALTA TRANSCRIPT - IMPORTANT

4.

Attem'ted

r&on

preparation

without

burningJ Fru&tr ted

r&on D fire was started

but put out before any part of the building burnedJ Con&umm ted r&on D burned a part of the building.

5.

5.

If the purpose of the offender is to burn the building but some people died, the crime is simply r&on( The death is used to aggravate the penalty only so don,t complex.

Gu r ntee chec$&

re co8ered by the law.

E9ce'tK 1$ when used to guarantee an obligation #i.e. a buyer of a condo unit D on preBsale B can stop payment if the builder does not complete the obligation within the agreed period$+ and '$ when the payee *new that the borrower had no sufficient funds to cover the chec* issued #i.e. the lender forced the borrower to open a chec*ing account and then as*ed the latter to issue a chec* for an amount beyond the money deposited$

6.

If the purpose of the offender is to *ill persons and it is done through fire, the crime is dou0%e or mu%ti'%e murder&(

7.

Qou are liable for arson if you burn your own property even if you do not have insurance.

6.

Gven if the accused admits element P', he can be ac4uitted if there was no written notice of dishonor. /he reason is that the purpose of the notice is to give the drawer 5 days to replenish his account. 3ithout this 5Bday period, he will not have a chance to rebut the presumption of *nowledge.

MALICIOUS MISCHIEF

1.

@alicious mischief is deliberately

causing

damage to another,s property 8/?G /?!1 IQ KI G. If the act is not deliberate, it is rec*less imprudence.

2.

Aeliberate J there is a reason for destroying the property #i.e. hate$

&.

/he act of paying will not extinguish criminal liability, co. the law punishes the issuance of the chec* itself.

A/SOLUTORY CAUSES

1.
ARSON 1. '. 2nder the 5C, there are ' *inds of arson: ;( arson of small value and simple arson. 2nder 5.A. C1(, the ' *inds of arson were renamed: destructive arson #all those with specified sub9ect matters$ and simple arson #all others$.

/his

applies

to

/?GK/,

<3I1A%I1L,

and

@!%ICI82< @I<C?IGK S'ou&e&1 &cend nt&1 de&cend nt&1 re% ti8e& 0- 33init- in the & me %ine

3.

<ido#ed

&'ou&e

wrt

property

which

belonged to deceased spouse before it was passed to another

3.

/here is no more arson of small value. /he crimes that fall under this have become m %iciou& mi&chie3 as in a case where another,s cell phone is burned(

4.
5.

/rother&1 &i&ter&1 nd 0rother&+&i&ter&-in-% # B If living together /he absolutory causes do not apply to strangers who may have participated in the crime.

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

J. PERALTA TRANSCRIPT - IMPORTANT

In a case where a man touched the vagina of a girl and ADULTERY AND CONCU/INAGE !A2%/G Q @arried woman <exual intercourse another man #easy C81C2II1!LG @arried man ( ways: a. having w/ sexual another intercourse then fondled her boobs, there are two crimes: &e9u % && u%t & 3orm o3 r 'e and ct& o3 % &ci8iou&ne&&(

with to

>UALIFIED SEDUCTION

prove if she gave birth J evidence=, if not B hard to prove$

1. 2.

Hictim

consented

to

sexual

intercourse

woman under scandalous circumstances scandalous 4 housed the mistress5 you don6t (. regularly sleep there but you do it with her every now and then b. bringing a mistress to the con9ugal dwelling c. cohabiting with a mistress

because of abuse of confidence. Hictim is over 1' and under 1> years old and a virgin #presumed if unmarried and of good reputation$. <exual intercourse done through abuse of confidence.

4.

2nli*e rape, 4ualified seduction cannot be committed against a prostitute #also simple seduction$. E9ce'tion: If the victim is the daughter and the offender, the biological father.

ACTS OF LASCIEIOUSNESS

5.

Can be committed by a father to his 1>B year old daughter when the latter consents to sexual intercourse.

1.

<ITH REFERENCE TO RAPE *II5, a. /here is no intent to lie down with a woman in satisfying one,s sexual lust. b. Can be committed against either sex If there is no lust but only intent to annoy, that is un.u&t 8e9 tion( d. ! &C17 governs if the victim is under 1'

SIMPLE SEDUCTION 1. <hould be done prior to or simultaneous with the carnal *nowledge.

c.

2. 3.

Hictim consented because of deceit. Aeceit is committed prior to sexual intercourse.

2.

<ITH CONSENT OF OFFENDED PARTY *II:, in re% tion to SEDUCTION *II4+IIC,

CORRUPTION OF MINORS @ <HITE SLAEE TRADE

1. 2. 3.

If the victim is a minor, the 5C is applied as amended by ! &C17. If not a minor, ! &C17 applies. It is not necessary that unchaste acts be done to the minor.

a. b.

Can

only

be

committed

against

women who are not 1' or under /his occurs when the woman

consents to the acts of lasciviousness and there is no carnal *nowledge

A/DUCTION 6( FORCI/LE

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

J. PERALTA TRANSCRIPT - IMPORTANT

a. b.

If

there

is

r 'e1

abduction

is

1. 2.

Adu%ter- @ Concu0in "e are private crimes, and thus, may be a pardoned. A0duction1 an accused extinguished. ct& o3 % &ci8iou&ne&&1 nd

absorbed. If the purpose of ta*ing a woman is to have sexual intercourse with her, then it is r 'e(

&eduction can be extinguished my marriage to principal. Gven the criminal liability of accessories and accomplices will be

c.

If the purpose is to abduct the woman with lewd designs, it is 3orci0%e 0duction(

3.

R 'e is covered by article 'CCBC of

! >(5(.

d.

If the purpose was lewd designs, and then later on there was rape, then there is a complex crime of 3orci0%e 0duction #ith r 'e(

2nder the act, marriage by the accused and the victim and pardon by the wife exonerates the accused. ?ere, neither of the acts extends extinguishment of criminal liability to the accessories and accomplices. CIEIL LIA/ILITY &ape, seduction, abduction 1. '. (. indemnification of the woman ac*nowledgement of the offspring unless the law prevents him from doing so to support the offspring in every case 8dultery and concubinage9 indemnities

e.

If there is more than one rape in the preceding case, only one crime of rape will be complexed with abduction. /he other ', (, or more rapes will be treated as separate crimes. /he reason is that forcible abduction is a comple! crime under article +7.

f.

If the purpose is not clear #neither lewd design nor rape$ and a woman is *idnapped and #serious$ illegally detained D and then raped D there is a special comple! nd crime of $idn ''in" &eriou& i%%e" % /IGAMY GILLEGAL MARRIAGESH 1. 8ne of the defenses of an accused is good faith.

detention #ith r 'e( ?ere, the crime is indivisible so it doesn,t matter how many times she was raped. /here is only one crime. ;( CONSENTED

2.

Lood faith is shown by getting the legal re4uirements needed in each case: If your spouse has been absent for sometime, get a u!icial !eclaration of "resum"tive !eath. If you believe your first marriage is void or voidable, as* for a court !eclaration.

a.
b. c. PROSECUTION CHASITITY

victim is over 1' and under 1> virgin J physically or of good

(.

/he <upreme Court said that presumption of death is important even in a case where the husband was gone for '7 years.

reputation consented to lewd design LI/EL OF GPRIEATEH CRIMES AGAINST

1.

/here must be publication.

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J. PERALTA TRANSCRIPT - IMPORTANT

2.

/here must be identification. <ufficient, not exact, identification is what is re4uired. /he important thing is that given the details in a printed or published material, the person being referred to can be sufficiently identified.

8.

%ibel need not be in writing. It can be oral and includes appearances in radio programs or television #not slander$.

6.

Nurisdiction depends on who is the private complainant: a. 5rivate individual D place where the libelous materials were first printed and published 8 residence b. Lovernment official B place where the libelous materials were first printed and published 8 was holding office where he at his place of

3. 4.

/here must be an imputation of a crime or vice/defect. /here are ' *inds of m %ice in libel: a$ malice in law, which is always presumed+ b$ malice in fact, which needs to b proved. /here is presumption of malice when the material appears to be libelous. @alice in fact means that the accused had ill motives #i.e. accused and complainant had a fight$. Ioth of these have to be present.

SLANDER /Y <ORDS GORAL DEFAMATIONH OR /Y DEED

1. 2. 3.

/here must be an imputation of a vice and/or crime. /here must be a witness. If there are no witnesses, meaning only the person defamed can read/hear it, there is no damage to one,s honor so there is no crime.

5.

?owever,

in

'ri8i%e"ed

communic tion&1

there is no crime committed even if there is malice in law. <uch privilege may be 4ualified or absolute. a. 5rivate communications in the performance of any legal, moral, or social duty b. ! fair and true report made in good faith and without any comments or remar*s of any 9udicial, legislative, or other proceedings

4.

If there are no witnesses in :slander by deed;, the crime is i%% tre tment if there is in9ury and un.u&t 8e9 tion if there is none.

RA F;77 ANTI-<IRE TAPPING LA< 1. '. 3hat is prohibited is the use of gadgets in order to hear a conversation. Gxtensions are not covered. Gven those in private conversations cannot record the same without the *nowledge of the other people inside the room.

6.
&.

5rivileged communication may be waived. Kor example, when a columnist 5rivileged communication and freedom of speech #which is broader$ may be invo*ed as a defense by columnists and the li*e when

a. b.

3.

Cell phones are covered, because conversations are recorded by a tape recorder. !ctually, the tape recorder #inside the phone or a cell siteE$ is the one covered and the cell phone is 9ust the means of communication.

/he

statements

are

addressed

against public officials /he columns are based on

established facts and circumstances ) emember the consti lawEule of !ctual @alice in

4.

2nli*e normal sei.ures, the devices confiscated here cannot be opened until a case is filed and the

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items used. /he arresting officers are not allowed to open the sealed containers where the devices are placed.

J. PERALTA TRANSCRIPT - IMPORTANT

has the 9urisdiction to authori.e wiretapping in his area of authority, but since a cell phone is mobile, the 9urisdiction is not always fixed. /hus an application for wiretapping cell phones will most li*ely be denied.

5. 6.

3iretapping may be allowed upon court order. ! problem arises in wiretapping cell phone conversation through cell sites. 8nly an /C 9udge

OTHER REMINDERS FROM J STICE PERALTA


I@5 2AG1CG !1A 1GL%ILG1CG

1.

In rec$%e&& im'rudence, the act is lawful but you only neglect to perform the re4uired

negligence of a good father of the family.

2.

In denominating crimes that result from rec*less imprudence, start with the said crime. /he emember that rec%less

correct way to denominate crimes is to 0e"in #ith rec$%e&& im'rudence, then specify by adding :re&u%tin" inB homicide1 'h-&ic % in.urie&1 d m "e to 'ro'ert-1 etc( imprudence resulting in homicide is totally different from homicide through rec%less imprudence. I1C G@G1/!% 5G1!%/IG<

are penalties that are added depending on the value of the thing ta*en or the damage caused. E&t

and the3t are the only ' crimes where their penalties are sometimes dependent on the value of the things stolen in theft and the damage caused in estafa. Kor example, :for every 17,777 pesos excess of '',77 pesos, there is an additional penalty of one year.; AG18@I1!/I81 8K C I@G 3I/? :MI%%I1L; 8 ?8@ICIAG; If the law uses the word :homicide,; you can denominate the crime as Gcrime hereH #ith homicide( If it uses :*illing; instead of :homicide,; designate the crime as 2u %i3ied Gcrime hereH( GRCG5/I81: 3hen the law itself says that the crime is :4ualified,; not :SSSSSS with homicide; i.e. 4ualified piracy-. /38B/IG GA 5G1!%/Q 2%G Kine plus penalty. !lthough the amount of fine is fixed by law, the imprisonment is dependent on the extent of the violence that is used in occu' tion o3 re % 'ro'ert- #for example$.

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

J. PERALTA TRANSCRIPT - IMPORTANT

HELPF L TA!LES FROM OTHER SO RCES


PIRACY Robbery or forcible degradation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. Intent to gain is an element. Attack from outside. Offenders are strangers to the vessel. (this is the standing rule with the repeal of ! "#$ which made it possible for any person to commit piracy including a passenger or complement of the vessel%. Attack from the inside. MUTINY Unlawful resistance to a superior officer, or the raising of commotion and disturbances on board a ship against the authority of its commander

ARBITRARY DETENTION (124) !etention is illegal from the beginning.

DELAY IN DELIVERY OF DETAINED (125) !etention is legal in the beginning, but illegality starts from the e&piration of the specified periods without the persons detained having been delivered to the proper 'udicial authority.

PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETING (131) Na !"# $% C"&'# (rime against the fundamental law of the state W($ a"# L&a)*# ublic officers, Outsiders

INTERRUPTION OF RELIGIOUS WORSHIP (132)

OFFENDING THE RELIGIOUS FEELING (133)

(rime against the fundamental law of the state ublic officers, Outsiders

(rime against public order

ublic officers, private persons, outsiders

I% +E*#'#, M&--&,./

If not by public officer ) tumults

If by insider ) un'ust ve&ation If not religious ) tumult or alarms If not notoriously offensive ) un'ust ve&ation

If not tumults ) alarms and scandal If meeting illegal at onset ) inciting to sedition or rebellion

PROPOSAL TO COMMIT REBELLION (130) *he person who proposes has decided to commit rebellion. *he person who proposes the e&ecution of the crime uses secret means.

INCITING TO REBELLION (131) +ot re,uired that the offender has decided to commit rebellion. *he inciting is done publicly.

TREASON (114)

REBELLION (134)

COUP D2ETAT (1343A)

SEDITION (134)

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J. PERALTA TRANSCRIPT - IMPORTANT

Na !"# $% C"&'#

(rime against +ational -ecurity

(rime against ublic Order ublic uprising A+!

(rime against ublic Order -ee article.

(rime against ublic Order Rising publicly or tumultuously (caused by more than # armed men or provided with means of violence%

O5#" A6 -

.evying war against the gov/t0 OR adherence and giving aid or comfort to enemies

*aking up arms against the gov/t

P!"7$-# $% $)8#6 &5#

!eliver the gov/t to enemy during war

-ee article.

-ei1ing or diminishing state power.

-ee enumeration in article.

ILLEGAL ASSEMBLY (140) 2ust be an actual meeting of armed persons to commit any of the crimes punishable under the R (, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent. It is the meeting and the attendance at such that are punished ersons liable3 leaders and those present +o need for such

ILLEGAL ASSOCIATION (149)

Act of forming or organi1ing and membership in the association

4ounders, directors, president and members

PERSON IN AUTHORITY F$"6# E'7*$:#; I, &'&;a &$,<R#-&- a,6# +eed not be serious 2ust be of serious character -erious -erious

AGENT

DIRECT ASSAULT (141)

RESISTANT AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR AGENTS OF SUCH PERSON (151)

IA or his agent must be engaged in the performance of official duties or that he is assaulted !irect assault is committed in 5 ways 6 by attacking, employing force, and seriously resisting a IA or his agent. Use of force against an agent of IA must be serious and deliberate.

IA or his agent must be in the actual performance of his duties.

(ommitted by resisting or seriously disobeying a IA or his agent. Use of force against an agent of a IA is not so serious0 no manifest intention to defy the law and the officers enforcing it.

USE OF FICTITIOUS NAME (191) 7lement of publicity must be present urpose is to conceal a crime, to evade the e&ecution of a 'udgment, or to cause damage

CONCEALING TRUE NAME (191) ublicity not necessary urpose is to conceal identity

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CRIMINAL LAW II Finals Reviewer Mar 2009 POINTS

J. PERALTA TRANSCRIPT - IMPORTANT

If fenced and with prohibition of entry If fenced and entered to hunt8fish If not fenced and with no prohibition of entry

T"#-7a-- $ ;=#**&,. A #'7 #; (#% Va."a,6:

Ma*%#a-a,6# M&-%#a-a,6# N$,%#a-a,6#

!oing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do 4ailure of an agent to perform his undertaking for the principal

ABANDONMENT OF OFFICE OR POSITION (231) *here is actual abandonment through resignation to evade the discharge of duties.

DERELICTION OF DUTY (2>1) ublic officer does not abandon his office but merely fails to prosecute a violation of the law.

ROBBERY W< VIOLENCE Intent to gain Immediate harm

GRAVE THREATS +o intent to gain Intimidation0 promises some future harm or in'ury +one

GRAVE COERCION

Intimidation (effect% is immediate and offended party is compelled to do something against his will (w8n right or wrong%

ROBBERY 9 didn/t commit crime but is intimidated to deprive him of his property !eprived of hp thru force or intimidation +either 7&. defendant demands payment of $.;; with threats of arrest and prosecution, therefore, robbery because (a% intent to gain and (b% immediate harm

BRIBERY 9 has comitted a crime and gives money as way to avoid arrest or prosecution :iving of hp is in one sense voluntary *ransaction is voluntary and mutual

BRIGANDAGE urposes are given 2ere formation of a band for the above purpose

ROBBERY IN BAND Only to commit robbery, not necessarily in hi<way If the purpose is to commit a part robbery +ecessary to prove that band actually committed robbery

MALVERSATION (219) 4unds or property usually public Offender is usually a public officer who is accountable for the public funds8property (rime is committed by approaching, taking, or

ESTAFA WITH ABUSE OF CONFIDENCE (315) 4unds8property are always private Offender is a private individual or even a public officer who is not accountable for public funds8property (rime is committed by misappropriating, converting, or denying

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J. PERALTA TRANSCRIPT - IMPORTANT

misappropriating8consenting, or through abandonment or negligence, permitting any other person to take the public funds8property

having received money, goods or other personal property

ESTAFA rivate individual was entrusted Intent to defraud

INFIDELITY IN THE CUSTODY OF DOCUMENTS ublic officer entrusted +o intent to defraud

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