Beruflich Dokumente
Kultur Dokumente
estimony of
two witnesses must be credible and believed by the court
Is it enough that there be two witnesses? Depends: if testimony points to the sam
e acts, it is
enough that there are only two witnesses
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already about treason (in the first manner) and not mere conspiracy
.
Supposing, accused is resident of a city; has knowledge of conspiracy; refused t
o disclose the
matter to the mayor/fiscal because they are among the most corrupt; disclose the
matter
directly to the AFP Chief of Staff. Liable for MT? NO. Even if the matter was no
t disclosed to
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
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representative.
ARTICLE 118 - INCITING TO WAR OR GIVING MOTIVE FOR REPRISALS
.
Supposing protesters burn the US flag in front of the US embassy, are they liabl
e? Does the
act have a tendency to provoke war against US?
Does the raising of troops constitute inciting to war?
ARTICLE 119 - VIOLATION OF NEUTRALITY
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE COUNTRY
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.
A group of skydivers on board a Phil. plane about to stage a skydiving exhibitio
n in Luneta; at
a latitude of about 15,000 ft., the door of the plane opened and the skydivers j
umped out; last
person, instead of jumping, seized control of the plane. Violation? NO - legally
speaking, the
plane is no longer in flight, notwithstanding that it is actually flying
(b) aircraft of foreign registry:
(1) landing;
(2) seize or usurp control thereof
Is it necessary that acts be done while the aircraft is in flight? NO, the law i
s silent
.
Japan airlines, after it has landed, external doors were already opened, accused
barged into the
pilot s cockpit and seized control of the plane. Liable? YES
.
Under the same facts, if plane if of Phi. Registry, liable? NO
no longer in flig
ht
(c) other acts:
plane is n
the crime; he
only has hearsay knowledge
.
Supposing a woman was a victim of rape; together with her parents, she proceeded
to the
NBI to report the crime. Since there were media present, a task force was organi
zed. The TF
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a Villena
15 days
.
There was a sign that said Do not enter at all times
ed.
Violation? YES-there is express prohibition
.
Suppose the door was locked, which the police major opened and he entered the ho
use.
Liable? YES - locked door is implied prohibition
.
Sign says
.
Door was open, sign says Beware of dogs!
express prohibition
.
Sign says enter at your own risk. Police entered. Liable? NO.
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it is s
Suppose he came to you and told you that unless you answer him, he will implemen
t the
warrant. In order to save your father, you answered him. Is he liable for procur
ing SW w/o
just cause? YES. The crime is consummated by the mere act of obtaining the SW; i
t need not
be implemented.
(2) abuse in the service
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a Villena
.
Members of the NPA kidnapped a Chinese merchant and demanded a ransom. Upon paym
ent,
the Chinese was released and the ransom was given to the officers of the NPA for
its finances.
Crime committed? Rebellion only.
.
Suppose the kidnappers distributed the ransom among themselves. Crime? Kidnappin
g
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ETAT
ARTICLE 136 CONSPIRACY AND PROPOSAL TO COMMIT COUP D ETAT, INSURRECTION, OR REBEL
LION
Conspiracy to commit Coup de etat
.
Supposing, military officers met outside the Philippines and they agreed and dec
ided to seize
the power from the present administration; upon arrival, they were arrested and
prosecuted for
committing conspiracy to commit coup de etat, are they liable? NO, because it wa
s committed
outside Philippine territory; it cannot be prosecuted here because it was not am
ong the
exceptions provided for in Article of the RPC (Conspiracy to commit coup de etat
is a crime
against public order)
ARTICLE 137 DISLOYALTY OF PUBLIC OFFICER OR EMPLOYEES
ARTICLE 138 INCITING TO REBELLION OR INSURRECTION
.
Supposing, a member of the NPA was going around recruiting members by inciting t
hem.
Crime committed? Rebellion, because one element is missing; that the offender do
es not take
HOW COMMITTED
How committed?
(1) inciting others to the accomplishment of any of the acts which constitute se
dition by means
of speeches, proclamations, writings, emblems, etc.
(2) uttering seditious words or speeches which tend to disturb the public peace
- clear and present danger rule
- dangerous tendency rule
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session
Using the same facts, supposing, they met at a wedding and there, the governor a
ssaulted the
mayor, what crime was committed? By reason of past performance of duties
.
Supposing, in a criminal case, the lawyer cross-examined the witness of the othe
r side and
practically destroyed his testimony; the other party waited for the lawyer outsi
de where they
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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. This would
mean that there is a crime of DA however guilt of accused was not sufficiently p
roven
It is necessary that the offender has knowledge that the person assaulted is a p
erson in authority
or his agent? Yes. Absence of knowledge may constitute a defense of good faith
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMI
TTEES AND
SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES
OR DIVISIONS
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS
OF SUCH
PERSON
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WHO SHALL
Persons in Authority
-directly vested with jurisdiction
-Examples: mayor, judge, congressman, members of the board of directors,
teachers, administrators (dean, rector, Chaplain), lawyers if in actual performa
nce
of professional duty or attacked because of such reason
Agent of person in authority
-not vested with jurisdiction
-duty is the protection of persons and property
-maintenance of public order
-Examples: policeman, barangay tanod, members of the military
ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER
ARTICLE 154 - UNLAWFUL MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES
How Committed
1st Manner:
Essence is publication of false news which causes damage to the interest of the
state
.
Supposing X published that half of Mindanao under control of MILF. But it is fal
se. Will X be
liable? Yes. Prejudicial to the interest of the state
2nd Manner:
.
Supposing X made a film about the life of Abu Sabaya. In the film, he made him a
hero. May
X be liable? Yes. Praising, justifying, extolling an act punished by law
3rd Manner:
.
Supposing X prematurely published a PIATCO Contract investigated by Blue Ribbon
Committee? May X be liable? Yes he has no official authority to publish the cont
ract
.
Supposing, the accused was convicted of homicide and was sentenced to a penalty
of 10
years, after 6 years, he was granted a conditional pardon; 2 years after, he was
found guilty of
frustrated homicide. May the President order his re-arrest even without waiting
for conviction
of the second crime? May he still be prosecuted separately for violation of cond
itional
pardon?
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a Villena
8
c
c
P
t
QUASI-RECIDIVISM
.
Supposing the accused was convicted of attempted rape; while serving his sentenc
e, he
committed and was found guilty of illegal possession of shabu, is he a quasi-rec
idivist? NO,
the second offense committed by him was a violation of a special law; to be liab
le, the second
crime must be a felony
.
Supposing, accused was already serving sentence for violation of a special law,
while serving
the same, he attempted to take the life of his co-prisoner, is he liable? YES, t
he first offense
need not be a felony
ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE
ISLANDS,
FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
ARTICLE 162 - USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP
.
Supposing, the accused has a pending shipment, which is kept by the customs and
cannot be
released because of failure to complete the payment of customs duties; asked his
friend from
Malacanang to get an endorsement from the President; his friend forged the Presi
dent s
signature and gave the endorsement to the accused; shipment was then released. C
an the
accused be held liable under this Article? NO, there was no knowledge on his par
t that the
signature of the President on the endorsement was forged
Is this an act of accessory? Yes but if accused is punished as principal of Arti
cle 162 he is not
being reprimanded, the officer changed the date of arrest to January 3, 2002
dat
e of
turnover. Is he liable under the fifth manner of commission? YES. Date is essent
ial.
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he father.
.
What if it was X s mother who issued mother the certificate, who is liable? The mo
ther.
.
Supposing X presented it to his professor. May he be liable for the commission o
f a crime?
Yes he is liable under Article 175 using false certificates.
.
Supposing X wanted to apply for a position in a company, which requires at least
seven years
of work experience. X only had two years of work experience so he asked a former
superior to
issue a certificate stating that he has had 10 years of work experience. May his
superior be
liable? Yes for issuing a false certificate of service
ARTICLE 175 - USING FALSE CERTIFICATES
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a Villena
.
Supposing P went to a whore house. He went to a room with many girls wearing dif
ferent
uniforms including those of a nun, a nurse, a student, and a fire fighter. May t
he girls be
liable? Yes.
ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT
.
Supposing C falsely testified in a criminal case against his neighbor. Testimony
was not given
credence. May he still be liable for Article 180? Yes. What the law punishes is
the mere act of
giving false testimony in a case. Whether it is believed by the court or not is
immaterial as it
has the tendency to degrade the administration of justice and mislead justice.
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a Villena
.
intended for consuming, ingesting, or introduction to the human body of
substance
.
presumption: possession shall be prima facie evidence that possessor has
introduced into his body the DD and shall be presumed to have violated Section
15
10. Possession during Parties, Social Gatherings, Meetings or in the proximate c
ompany
of at least 2 Persons (DD)
11. Possession of Equipment, Instrument, etc. during Parties, Social Gatherings,
etc. (DD)
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- if physicians conclude that he is not a drug dependent, DDB shall order his re
lease
- if either physician finds him dependent on drugs, court will consider all othe
r evidence
- if court finds him a drug dependent, court shall order his commitment
2) in the course of hearing a case, one of the parties is found to be a
drug dependent
a) person is charged w/ offense punishable by imprisonment of less than 6 years
and 1 day and is
found by court to be a drug dependent
b) Board files petition in RTC for confinement in Center
c) Hearing is conducted by the court
d) If RTC finds him a drug dependent, it shall issue an order for commitment
e) If rehabilitated as certified, he shall be returned to the court for discharg
e from the center
f) Continuation of his prosecution; if found guilty, his commitment in Center sh
all be credited in
full
g) If he is prosecuted under Section 15, and is not a recidivist, penalty is dee
med served in center
upon his release and upon certification by the Board and the center
* Period of prescription of offense charged shall be suspended while
he is confined in rehab
* Judicial and medical records of drug dependents under CSP or those
charged for violation of Section 15 shall be confidential and shall not be used
against him for any
purpose; records of drug dependents who are not rehabilitated or who escaped and
did not
surrender shall be forwarded to the court who shall determine their use
Suspension of Sentence
.
for first-time minor offenders above 15 years of age but not over 18 years
Conditions:
a) has not been previously convicted of violation of DDA, RPC, or
other special laws
b) has not been previously committed to a center or care of a DOH
accredited physician
c) Board favorably recommends suspension of sentence
.
Republic Act 9344 supersedes the provisions of the DDA
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ANTI-GAMBLING LAW
l under
any of the 3 ways by which a person can be considered a public officer
ARTICLE 204 KNOWINGLY RENDERING UNJUST JUDGMENT
ARTICLE 205 JUDGMENT RENDERED THROUGH NEGLIGENCE
Will any degree of negligence make the judge liable? No
nexcusable.
ARTICLE 206 UNJUST INTERLOCUTORY ORDER
e of direct
bribery
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a Villena
.
What if he testified but the court disregarded his testimony and acquitted the o
fficer, is the
witness still immune? No
the testimony must be necessary for conviction.
ARTICLE 213 - FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES
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from or
other im
delinque
larger sum
.
What if he asked for the payment of only P200 thousand. Still liable? YES
ed
payment different from that authorized by law
demand
(3) by failing voluntarily to issue a receipt, as provided by law, for any sum o
f money
collected by him officially, in the collection of taxes, licenses, fees, and oth
er imposts
(4) by collecting or receiving, directly or indirectly, by way of payment or oth
erwise, things
or objects of a nature different from that provided by law, in the collection of
taxes,
licenses. Fees, and other imposts
ARTICLE 214 - OTHER FRAUDS
Supposing heroin was confiscated; PDEA agents sold the prohibited drug to other.
Crime?
Violation of Dangerous Drugs Act.
.
Supposing a SWAT member was given a modern assault rifle to be used in the perfo
rmance
of his job. He committed irregularities, for which he was dismissed. He was orde
red to return
the rifle but he refused and instead sold it. What crime may he be liable for? M
alversation
even though he has been dismissed, he is still considered an accountable officer
.
.
The property custodian of DPWH for the construction of roads let the equipment a
nd
materials idle. As a consequence of which, the residents got hold of the same. W
hat crime
may the property custodian be liable for? Malversation through negligence/abando
nment
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a Villena
227
228
229
230
.
Supposing an employee of the BIR disclosed your income to another employee. Is h
e liable?
YES a person s income is his secret
ARTICLE 231 - OPEN DISOBEDIENCE
ARTICLE 232 - DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, WHEN SAID ORDER WAS SUS
PENDED
BY INFERIOR OFFICER
ARTICLE 233 - REFUSAL OF ASSISTANCE
.
Suppose there was no demand, may the officer to whom the assistance was expected
be liable
for refusal? NO
re can
be no refusal
ARTICLE 234 - REFUSAL TO DISCHARGE ELECTIVE OFFICE
ARTICLE 235 - MALTREATMENT OF PRISONERS
Who are the prisoners contemplated? Prisoners (by final judgment) and detention
prisoners
May it be committed by any public officer? NO
only those who have direct charge
of the
prisoners or detention prisoners
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se
consent was obtained through force. After three years, W killed H. What crime di
d W
commit? Parricide. There is a presumption of validity of marriage.
.
H and W, both Filipinos, were married in Hong Kong without a valid marriage lice
nse. When
they went home to the Philippines, W killed H. What crime may W be liable for? P
arricide.
.
W filed a case for the declaration of nullity of her marriage to H. Judgment was
rendered but
H appealed the case. While appeal was pending, W killed H. Crime committed? Parr
icide.
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.
Supposing the accused aimed his gun at the house of his neighbor, is he liable f
or discharge of
firearms? No, he is only liable for alarms and scandals.
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rincipals by
indispensable cooperation. The principal by direct participation marries the vic
tim. Who
benefits from the pardon provided by the law? The principal by direct participat
ion. Does the
pardon extend to his co-accused? R. A. 8353 is silent. There is no official inte
rpretation by the
Supreme Court.
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a Villena
May the parents be criminally liable for this crime? YES, if they are separated
and one of them
fails to return the child to the other s custody
.
Supposing H and W were legally separated; custody of the child from Monday-Frida
y is with
W while it was with H during the weekends. One weekend, H brought the child to t
he
province, and after five days, they still had not returned. Is H liable? YES.
.
Supposing in a judicial proceeding, the mother was deprived of the custody of he
r children
which was granted to the DSWD. The mother took her children and did not allow DS
WD to
take them. Liable?
ARTICLE 271 - INDUCING A MINOR TO ABANDON HIS HOME
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UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
a Villena
272
273
274
275
SLAVERY
EXPLOITATION OF CHILD LABOR
SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT
ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE S OWN VICTIM
Manner of commission:
(1) by failing to render assistance to any person whom the offender finds in an
uninhabited
place wounded or in danger of dying
.
Supposing the person X found did not have a wound but just fainted and lost cons
ciousness; X
did not give him any assistance. Liable? No.
.
What if he was unconscious because of starvation, is X liable if he did not rend
er assistance?
YES.
(2) by failing to help or render assistance to another whom the offender has acc
identally
wounded or injured
.
Supposing X intentionally injured somebody in an isolated place and left him the
re. Is X
liable? No.
(3) by failing to deliver a child, under 7 years of age, whom the offender has f
ound
abandoned to the authorities or to his family, or by failing to take him to a sa
fe place
Is it necessary that the minor be wounded? No, but the minor must be found in an
unsafe place.
ARTICLE 276 - ABANDONING A MINOR
The purpose of abandonment is to avoid the obligation of taking care of such min
or
ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFE
RENCE OF
PARENTS
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crime. Same is true with violation of Anti-cattle rustling law. The subject take
n is large cattle.
.
Supposing A stole a car with jewellery and money inside. What crime is he liable
for?
Carnapping.
.
Supposing an offender has taken possession of the object but offended party foug
ht back and
was able to retrieve his stolen property. Is offender still liable? YES. The cri
me is
consummated by the mere act of taking. It is not necessary that offender has had
sufficient
time to dispose of the object or property. Its return does not preclude the exis
tence of robbery.
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a Villena
.
Supposing a robber stepped on a two-day old child instantly killing the latter.
Crime? Robbery
with homicide; not infanticide.
Distinguish robbery from direct bribery: In both, there is intimidation. If thre
at of prosecution
was used to make a person part from his money and person actually committed a cr
ime and
was intimidated to part with his money
there is bribery. However, if charges wer
e merely
concocted, the crime committed is robbery.
.
Supposing there is a restaurant which was inspected by sanitary officers and the
reafter a
violation of cleanliness ordinance was discovered. The sanitation officers intim
idated the
Chinese owner with threats of legal cases and asked for P50,000 in exchange for
their silence.
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as already
consummated when the bus was set on fire.
The concept of dependencies
.
Supposing there is a house; adjacent to it is a grocery and there is a door conn
ecting the two.
The offender destroys the door of the grocery and enters thru the connecting doo
r and robbed
the house. Liable? YES. Robbery with force upon things.
Manner of commission:
1) in an inhabited house, public building, or edifice devoted to worship
a) unlawful entry (effected through opening not made for entrance)
.
Supposing offender entered through the window of a house and stole valuables. Cr
ime
committed? Robbery.
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a Villena
pened the
door, he saw a motorcycle in the sala and took it. What crime may A be liable fo
r?
Carnapping
d) by simulating or pretending to be a public authority
.
Supposing a Meralco lineman asked permission to conduct electrical inspection in
side your
house. Upon entry, he takes your property. It turns out, he was merely purportin
g himself to
be Meralce lineman. Is he liable for robbery? No. A Meralco lineman is not a per
son in
authority.
e) use of fictitious name
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return of the
book. May he do so? YES. The professor still has better right over the book and
may ask for
its return at any time. Only MP was given to the student.
In ordinary cases of theft, property is taken. In estafa, with abuse of confiden
ce, property is
voluntarily lent or given to the offender.
.
Supposing the professor lends his book to his student and asks about what will h
appen if the
latter cannot return the book. The student suggests that if he loses the book he
will give the
professor the latest edition of the book to take its place. The professor agrees
.
.
Is student bound to return the exact same book? No.
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a Villena
.
Supposing the student sold the book. What crime did he commit? No crime. He is c
ivilly
liable only.
.
Supposing A borrows his neighbor s bike for five days. On the sixth day, A is unab
le to return
the bike because he sold it to another person. What crime may A be liable for? E
stafa. (MP +
JP + Mis)
.
If A was merely asked by his neighbor to bring the bike to a shop for repair, bu
t A sells it
instead, what crime may A be liable for? Theft (MP + Mis)
.
If A was told to return the bike on the sixth day from the day it was borrowed b
ut both he and
the neighbor agreed that if it cannot be returned, A will give his neighbor a ne
w bike instead,
what crime may A be liable for if he misappropriates the bike? No crime. But A i
s civilly
liable.
.
Supposing S has been keeping a 1,000 peso bill in his wallet for 25 years. G bor
rows the bill.
Just to be sure that G returns the exact bill, S issues a receipt which states t
he serial number of
the bill. G fails to return the bill and spends it for himself. What crime? Esta
fa. (MP + JP +
Mis)
.
Supposing G borrows P500 from S. S give the student 1,000 pesos instructing the
student to
have it denominated to two P500 bills, take one of the bills and return the othe
r to him. G
never returns the P500. What crime may he be liable for? Theft. (MP + Mis)
.
G borrows a P1,000 bill from S, subject to the condition that if in case it cann
ot be returned, G
will give S twice the amount plus interest instead. S agrees. If G misappropriat
es the amount
borrowed, what crime may he be liable for? No crime. There is ownership already.
.
Supposing F approaches Y to borrow the latter s car and to use it as a bridal vehi
cle for his
cousin s wedding. Y lends it to be returned on Monday. If F does not return the ca
r and sells it
to another person, what crime is he liable for? Estafa. (MP + JP + Mis)
.
Supposing Y lends his car to F with the agreement to return it on the day after
the wedding.
Both agreed that if the car was not returned, F will give a better and newer mod
el instead. If F
misappropriates the car, what crime is he liable for? No crime. Ownership was al
ready given
since F was not obliged to return the same car to Y.
.
Supposing P gives his car keys to his driver and instructs him to fill up his ca
r with gas.
Driver never returns and sells the car to his friend. What crime may the driver
be liable for?
Carnapping. Subject of theft is a motor vehicle (MP + Mis)
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
a Villena
remain
procee
pay th
estafa
paying the taxes, D used the money to play in the casino and lost all of it. May
D be liable for
estafa? YES. The money was misappropriated. It was given for a specific purpose.
.
Supposing the administrator of the estate of deceased L, misappropriated certain
properties of
L. May L be liable for estafa? YES. The property was given to him in trust.
.
Supposing A pawned his cell phone but the pawnshop did not return the item even
after A s
redemption of the same. May the pawnshop be liable for estafa? YES. The cell pho
ne was
given to them in trust.
Novation of the contract or obligation: Is novation a ground to extinguish crimi
nal liability?
No. The grounds for the extinguishment of criminal liability are enumerated in A
rticle 89 of
the RPC. Novation is not one of the grounds stated therein. Moreover, novation i
s a change or
amendment of terms or conditions agreed upon by the parties who are private indi
viduals. It is
not within the power of private individuals to extinguish criminal liability.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
a Villena
.
Supposing one night, J played in the casino with his girlfriend and her family.
In the course of
their stay, J lost the entire amount. Assuming it was December 10, 2008, is J li
able for estafa?
No. There is no obligation until December 31.
.
Supposing that on December 31, J failed to remit the amount, is he liable for es
tafa? YES. J
was holding the amount in trust and he already has the obligation to return it t
o its rightful
owner.
.
Supposing after December 31, the company gives J a demand letter for the money g
iving him
five days to turn it over. On January 5, J made no payment. Two days later, J ex
ecutes a
promissory note to assuring payment of the amount through monthly instalments. T
he
president accepts the condition. After three months, J defaults in payment. May
J be charged
of estafa? YES. The criminal liability of J has already attached since his oblig
ation to pay
arose on December 31. There is a presumption of misappropriation when he failed
to remit the
amount collected. Even if the promissory note was a valid novation of his initia
l obligation,
this does not bear any effect to his criminal liability.
.
Supposing on December 23, J went to Manila and confessed to the president of ABC
Corp
that he had misappropriated the money. J asked for forgiveness and suggested tha
t he will
repay the amount through salary deduction every month. On the same day, J signs
a
promissory note prepared by the company s lawyer, upon the approval of the preside
nt. After
two months, J was fired and could no longer pay the balance. May the company cha
rge J with
estafa? No. There was no crime since the obligation does not arise until Decembe
r 31. The
promissory note executed on December 23 is a valid novation of the initial oblig
ation. Since
there is no obligation, there is no estafa committed. It does not extinguish cri
minal liability
because there is no criminal liability to speak of.
Postdating of the check should be prior to or simultaneous with the contracting
of the
obligation. If it is issued in payment of a pre-existing debt, there is only civ
il liability.
.
Supposing one afternoon, E purchases grocery items worth P10,000 from V. Since E
does not
have enough cash at that time, he issues a check in payment of the items bought.
V agrees and
allows E to take the grocery items home. If the check bounce, may E be liable fo
r estafa?
YES. The check was issued simultaneously with the contracting of the debt.
.
Supposing before the check was encashed, E takes it back and issues a different
check. When
the later check was encashed, it turned out that the account did not have suffic
ient funds. May
E be liable for estafa? No. The later check was issued for payment of a pre-exis
ting debt. May
E be liable for violation of B.P. 22? YES.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
a Villena
to cover the
value of the check. May he be liable for violation of B.P. 22? YES.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
a Villena
Applies only when the crime of either theft, estafa, or malicious mischief is co
mmitted or
mutually caused by:
1) spouses, ascendants or descendants, or relatives by affinity within the same
line
2) widowed spouse with respect to the property of deceased spousebefore the same
has been
distributed
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
a Villena
ances:
1) maintaining a concubine or mistress in the conjugal home or dwelling
2) cohabitation in any other place (living together as husband and wife)
3) sexual intercourse with another woman under scandalous circumstances (open to
public)
ARTICLE 336 - ACTS OF LASCIVIOUSNESS
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshu
a Villena