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Criminal Law 2 Reviewer

CRIMINAL LAW 2 REVIEWER


TABLE OF FELONIES
TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
This Title punishes certain acts committed during wartime or peacetime which endanger the very existence of the State.
ARTICLE
114

FELONY
TREASON

DEFINITION
Treason is a breach of allegiance
to a government, committed by a
person who owes allegiance to it.

1.
2.
3.

ELEMENTS
offender is a Filipino citizen
or a resident alien
war in which the Philippines
is involved
offender either:
a. levies war against the
Government
b. adheres to the enemies,
giving them aid and
comfort

NOTES

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

treason is a war crime


levying war must involve
(1) actual assembling of
men,
(2)
purpose
of
executing a treasonable
design by force
levying war must be in
collaboration with a foreign
enemy
aid or comfort must consist
of deeds or physical
activity,
not
mental
allegiance
treason
may
not
be
complexed
with
other
crimes
treason is a continuous
offense
two-witness
rule/
admission in open court
provides adequate proof of
treason
defense of duress or
uncontrollable fear may be
sufficient

Criminal Law 2 Reviewer


115

CONSPIRACY/PROPOSAL
TO COMMIT TREASON

Conspiracy to commit
treason happens when 2
or more persons agree to
levy war against the
Government, or to give
aid/comfort
to
her
enemies.

cf. elements of treason, esp. (3)

two-witness rules DOES


NOT
APPLY
to
conspiracy/proposal
to
commit treason

offender in misprision is
punished as an accessory to
treason
the
offender
is
also
punished as principal in the
felony of misprision

116

117

MISPRISION OF TREASON

ESPIONAGE

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

Proposal happens when a


person who has decided
to
commit
treason
suggests its commission
to another.
Misprision
is
knowingly
concealing/non-disclosure of a
plot of treason to established
authorities.

Espionage
is
gathering,
transmitting
or
losing
information respecting national
defense to the injury of the
Philippines.

1.

offender owes allegiance to


the Government, not a
foreigner
2. he has knowledge of a
conspiracy of treason
3. he
conceals/does
not
disclose such conspiracy
1. entering
a
military
establishment
without
authority
a. offender enters
b. no authority
c. purpose
to
obtain
information relative to
national defense
2. disclosing
to
a
representative of a foreign
nation
a. offender is a public officer

Commonwealth Act No.


616 also punishes other acts
of espionage: (1) unlawful
obtaining/permission
to
obtain
information,
(2)
unlawful
disclosure
of
information, (3) disloyal
acts/words in times of
peace,
(4)
disloyal
acts/words in times of war,
(5) conspiracy to violation,
(6)
harboring/concealing

Criminal Law 2 Reviewer

118

INCITING TO WAR/
GIVING MOTIVES TO
REPRISALS

Inciting to war is provocation for


hostile action by another nation.

119

VIOLATION OF
NEUTRALITY

One defies the countrys intention


not to take part in a contest of
arms by two opposing countries.

120

CORRESPONDENCE W/
HOSTILE COUNTRY

This is a wartime offense where


an offender communicates with a
hostile country through letters
and other signs.

121

FLIGHT TO ENEMY
COUNTRY

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This is a wartime offense where


an offender flees from the

b. possession of information
c. disclosure of information
1. offender
performs
unlawful
or
unauthorized acts
2. such acts provoke or give
occasion to war or expose
Filipinos to reprisals
1. war
in
which
the
Philippines
is
NOT
involved
2. regulation pertaining to
neutrality
3. offender
violates
such
regulation
1. war
in
which
the
Philippines is involved
2. offender
makes
correspondence with an
enemy country or territory
occupied by enemy troops
3. correspondence
a. prohibited
by
Government
b. carried by ciphers or
signs
c. containing
notice/
information
which
might be useful to
enemy
1. war
in
which
the
Philippines is involved

violators of the law

intention is immaterial
committed
during
peacetime
higher penalties for public
officers or employees

a competent authority must


issue such regulation

correspondence
means
letters
even if correspondence
contains innocent matters,
as long as it prohibited, it is
punishable under Art. 120

mere attempt consummates


the crime

Criminal Law 2 Reviewer


Philippines to a nation at war
against her.

2.
3.
4.

122

PIRACY/MUTINY IN THE
HIGH SEAS

This is an attack on a vessel in the


high seas.

1.
2.

3.

123

QUALIFIED PIRACY

This is piracy attended by


qualifying circumstances, which
results to a higher penalty.

1.
2.
3.

offender owes allegiance to


the Philippines
offender attempts to flee or
go to enemy country
going to enemy country is
prohibited
vessel is on the high seas or
Philippine waters
offenders
are
NOT
members
of
crew
or
passengers
offenders (a) attack the
vessel,
(b)
seize
the
whole/part of its cargo
seizing a vessel through
boarding/firing upon it
abandoning victims without
means to save themselves
crime is accompanied by
murder, homicide, physical
injuries or rape

piracy and mutiny may be


considered acts of terrorism
under RA 9372

PD 532 includes piracy in


Philippine waters
punished as a special
complex crime
RA 6235 punishes hijacking
of a plane

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE


This Title punishes crimes that infringe upon constitutionally guaranteed rights of individuals.
ARTICLE
124

FELONY
ARBITRARY DETENTION

DEFINITION
Arbitrary detention is confining a
person without any legal ground.

1.
2.
3.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

ELEMENTS
offender is an officer or
public employee
detention of a person
detention without legal

NOTES

lack of legal ground occurs


when (1) victim has not
committed any crime, (2)
victim is not suffering from

Criminal Law 2 Reviewer


grounds

125

DELAY IN DELIVERY OF
DETAINED PERSONS

This crime consists of not


immediately
delivering
a
detained person to a proper
judicial authority.

1.
2.
3.

offender is a public officer


or employee
he has detained a person for
a legal ground
failure to deliver such
person within: (1) 12 hours,
light felonies, (2) 24 hours,
less grave felonies, (3) 36
hours, grave felonies

126

DELAYING RELEASE

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

Delaying
release
includes
delaying the performance of a
judicial/executive
order
for
release, unduly delaying service
of notice, or unduly delaying the

1.
2.
3.

offender is a public officer


or employee
judicial/executive order for
the release of a prisoner
offender, without good

violent insanity/ailment
arrest without warrant is
the usual cause of arbitrary
detention
a warrantless arrest only
becomes legal: (1) actual
commission of the offense,
(2) offense has just been
committed and there is
probable cause, (3) arrest of
an escaped prisoner
arbitrary detention may be
committed
through
imprudence
if offender is a private
person, the crime is illegal
detention
does not apply to an arrest
by virtue of a warrant
duty of detaining officer is
complied with filing of
complaint with judicial
authority
suspected terrorists are not
covered
by
Art.
125
pursuant to RA 9372
wardens/jailers are public
officers most likely to
violate Art. 126

Criminal Law 2 Reviewer

127

EXPULSION

proceedings for a petition for


release.
This crime consists of expelling a
person from the Philippines or
forcing him to change his
residence.

1.
2.

3.
128

129

VIOLATION OF
DOMICILE

SEARCH WARRANTS
MALICIOUSLY
OBTAINED, ABUSE IN
SERVICE OF THOSE
LEGALLY OBTAINED

This crime consists of entering a


dwelling against the will of the
owner, searching papers/effects
without consent, refusing to leave
the premises after having being
required to.

1.

The crime consists of procuring a


search warrant without cause or
exceeding ones authority or
using unnecessary severity in
executing a search warrant.

1.

2.

reason, delays such release


(cf. definition of the felony)
offender is a public officer
or employee
expulsion of a person from
the Philippines/compelling
him to change residence
NO authority by law

only a court by final


judgment can order a
person to change his
residence (ie. ejectment
proceedings, expropriation,
destierro)

offender is a public officer


or employee
he is NOT authorized by
judicial order to enter
dwelling and/or to make a
search

qualifying
circumstances
include (1) nighttime or (2)
not
returning
the
papers/effects
not
constituting evidence of a
crime

procuring a search warrant


without just cause: (1)
offender is a public officer
or
employee,
(2)
he
procures a search warrant,
(3) there is no just cause

search warrant: an order in


writing issued in the name
of the People of the
Philippines, signed by a
judge, and directed to a
peace officer
search must be done in the
presence of 2 witnesses
a receipt of the property
seized is required

OR
2.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

exceeding
authority/
unnecessary severity: (1)
offender is a public officer,
or employee, (2) legal
procurement of a search
warrant, (3) exceeding ones
authority
or
use
of
unnecessary severity in
executing the same

Criminal Law 2 Reviewer


130

SEARCHING DOMICILE
WITHOUT WITNESSES

This crime consists of a proper


search done without the person
being searched, his family or 2
witnesses in the same locality.

131

PROHIBITION,
INTERRUPTION AND
DISSOLUTION OF
PEACEFUL MEETINGS

This is an infringement of the


constitutional right to assembly.

1.

offender is a public officer


or employee
2. he is armed with a search
warrant legally procured
3. he searches the domicile,
papers and belongings of
any person
4. owner, any member of his
family or 2 witnesses
residing in the same
locality are not present
1. offender is a public
officer or employee
2. he performs any of the
acts:
prohibiting,
interrupting
or
dissolving
peaceful
meetings

search without warrant


under the Tariff and
Customs Code does NOT
INCLUDE a dwelling house

private individuals cannot


commit this crime; private
individuals will be charged
with disturbance of public
order in Art. 153
right to a peaceful meeting
NOT absolute, may be
regulated
offender must be a stranger
and NOT a participant to
the meeting

132

INTERRUPTION OF
RELIGIOUS WORSHIP

This
crime
consists
preventing/disturbing
ceremonies of any religion.

of
the

1.
2.

3.
133

OFFENDING THE
RELIGIOUS FEELINGS

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime consists of acts that


are notoriously offensive to the

1.

offender is a public
officer or employee
religious ceremonies or
manifestations are about
to take place or are going
on
offender prevents or
disturbs the same
acts were performed (1)
in a place devoted to

violence/threats qualify the


offense
reading of the Bible and
attacking certain churches
is
NOT
a
religious
ceremony

to be notoriously offensive
means to ridicule, mock,

Criminal Law 2 Reviewer


feelings of the faithful.

2.

religious worship or (2)


during the celebration of
a religious ceremony
acts must be notoriously
offensive to the feelings
of the faithful

scoff or damage an object of


religious veneration
offense to feelings is judged
from the complainants
point of view

TITLE III: CRIMES AGAINST PUBLIC ORDER


This Title punishes crimes that defy the lawful acts of the duly-constituted authorities.
ARTICLE
134

FELONY
REBELLION OR
INSURRECTION

DEFINITION
Rebellion is a crime of multitude
involving masses of men.

1.

2.

ELEMENTS
there must be (a) public
uprising, or (b) taking arms
against the Government
purpose of the uprising: (a)
remove
allegiance
to
Government or its laws, (b)
to
deprive
the
Chief
Executive or Congress,
wholly or partially, of any
of
their
powers
or
prerogatives

NOTES

134-A

COUP D ETAT

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

A coup d etat is a swift attack


against
duly
constituted
authorities with the aim to seize
or diminish state power.

1.

offender belongs to the


military or police or holding
any
public
office
or
employment

actual clash of arms NOT


necessary
purpose of rebellion must
be shown
NOT
necessary
that
purpose be accomplished
giving aid/comfort is NOT
punishable
rebellion
cannot
be
complexed with murder
and other common crimes
acts
committed
in
furtherance of rebellion are
absorbed in the charge
politically-motivated
murders are charged with
rebellion
coup d etat may be
punishable as terrorism
under RA 9372
a public officer must take

Criminal Law 2 Reviewer


2.

136

137

CONSPIRACY AND
PROPOSAL TO COMMIT
COUP D ETAT,
REBELLION OR
INSURRECTION

cf. Art. 8, RPC.

DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES

This crime punishes acts of public


officers/employees in times of
rebellion.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

a swift attack accompanied


by violence, intimidation,
threat, strategy or stealth
3. attack is directed against
duly constituted authorities
or
any
military
camp/installation, or any
facility for the exercise and
continued possession of
power
4. purpose of the attack is to
seize or diminish state
power
cf. elements of Art. 134 and 134A

1.
2.

offender is a public officer


or employee
he performs an act of
disloyalty: (1) failing to
resist a rebellion by all
means in their power, (2)
continuing to discharge
duties of their office under
the control of the rebels, (3)
accepting appointment to
office by the rebels

active part in order to be


liable
when leaders are unknown,
person/s who directed the
coup d etat are punished as
leaders

mere agreement/proposal
to commit rebellion or
similar acts are already
punishable by law
organizing
soldiers,
soliciting membership and
funds show conspiracy
offender must NOT be in
conspiracy with the rebels

Criminal Law 2 Reviewer


138

INCITING TO REBELLION
OR INSURRECTION

This crime consists of inducing


another
to
rebellion
or
insurrection publicly.

offender does not take arms


or is not in open hostility
against the Government
he incites another to the
execution
of
acts
of
rebellion
inciting is done by means of
speeches,
proclamations,
etc.

offenders rise (1) publicly


and (2) tumultuously
2. they
employ
force,
intimidation or other means
outside of legal methods
3. offenders employ any of the
following
means:
(1)
prevent promulgation or
execution
of
any
law/election (2) prevent
exercise of function, (3) act
of hate/revenge upon a
public officer, (4) act of
hate/revenge upon private
person or social class, (5)
despoliation for political or
social end
cf. Art 139, RPC for sedition

1.

2.

3.

139

SEDITION

141

CONSPIRACY TO
COMMIT SEDITION

142

INCITING TO SEDITION

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

Sedition is the raising of


commotions or disturbances in
the State, with an object of
violating the public peace.

This crime consists of an


agreement and decision to rise
publicly and tumultuously.
This crime consists of inducing
persons to commit acts of

1.

1.

offender does not take part


in the crime of sedition

10

inciting to rebellion does


not require decision to
commit rebellion
inciting to rebellion is a
PUBLIC act
rebellion must NOT be
committed by persons
induced; otherwise, one
becomes a principal by
inducement
sedition is differentiated
from rebellion by the
object or purpose of the
uprising
sedition is committed by
persons (3 or more
persons)
a public uprising and an
object of sedition must
concur
common crimes are NOT
absorbed in sedition

NO proposal to commit
sedition

uttering seditious words


or speeches is punishable

Criminal Law 2 Reviewer


sedition.

2.

3.

143

144

ACTS TENDING TO
PREVENT THE MEETING
OF THE NATIONAL
ASSEMBLY

This crime consists of acts that


seek to stop legislative meetings.

DISTURBANCE OF
PROCEEDINGS

This crime consists of disruptions


to legislative meetings.

1.
2.

1.
2.

145

VIOLATION OF
PARLIAMENTARY
IMMUNITY

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime consists of employing


force, intimidation, threats or
frauds to prevent a member of
the National Assembly from
assuming his tasks.

1.

2.

he incites others to the


accomplishment
of
seditious acts
inciting is done by means
of speeches, proclamations,
etc.

11

by Art. 142
scurrilous libels against
the
government
also
punishable
tests on seditious words:
(1) clear and present
danger
rule,
(2)
dangerous tendency rule

projected/actual meeting
of a legislative body
prevention by force or
fraud

preventing a legislative
meeting when its defect is
not manifest and requires
an investigation is still
liable under Art. 143

there is a meeting of a
legislative body
offender
does
the
following
acts:
(1)
disturbs any of such
meetings, (2) behaves in a
manner that interrupts
the
proceedings
or
impairs the respect due it

it must be a meeting of a
legislative
body,
provincial board, city or
municipal council
the complaint must be
filed by a member of the
legislative body
one who disturbs the
proceedings
of
the
National Assembly may
also
be
liable
for
contempt

offender
uses
force,
intimidation, threats or
fraud
purpose of the offender is
to prevent any member
of the National Assembly
from:
(1)
attending

parliamentary immunity
does not protect National
Assembly members from
their own responsibility
under
the
1987
Constitution, members of
Congress are exempt

Criminal Law 2 Reviewer

146

147

148

ILLEGAL ASSEMBLIES

ILLEGAL ASSOCIATIONS

DIRECT ASSAULTS

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

Illegal assemblies are meetings


where (1) armed persons attend
for the purpose of committing a
crime,
(2)
armed/unarmed
persons are incited to treason,
rebellion or insurrection, sedition
or assault.

1.

2.

meetings, (2) expressing


his opinions, (3) casting
his vote
offender is a leader,
organizer
or
person
present at the meeting
meeting is either (1)
attended
by
armed
persons for the purpose
of committing a crime, (2)
attended
by
armed/unarmed
by
persons
incited
to
treason,
rebellion
or
insurrection, sedition or
assault

from arrest for a crime


punishable by less than 6
years imprisonment

Illegal associations are groups


totally or partially organized for
(1) commiting crimes or, (2)
purposes contrary to public
morals.

1.

offender must be a
founder,
leader
or
member
of
the
association
the association is totally
or partially organized for
(1) committing crimes, or
(2) purposes contrary to
public morals

Direct assaults are crimes having


two forms: (1) without public
uprising, employing force and
intimidation for the attainment of
purposes
of
rebellion
and

FIRST FORM OF DIRECT


ASSAULT:
1. offender employs force or
intimidation
2. aim to attain any of the

2.

12

persons present in the


first form of illegal
assembly
must
be
ARMED
supra, but NOT all
persons must be armed
unarmed persons are
still liable nonetheless
arms include bolos and
knives
gathering that is in a
fixed place or moving is
considered a meeting
in illegal associations, a
meeting
is
NOT
necessary
the mere act of forming
the said association is
punishable by law

attack includes any


offensive/antagonistic
movement
force must be of a
serious character

Criminal Law 2 Reviewer


sedition, (2) without public
uprising, attacking, employing
force, seriously intimidation or
seriously resisting any person in
authority (PIA) or any of his
agents

3.

purposes of rebellion or
sedition
NO public uprising

SECOND FORM OF DIRECT


ASSAULT:
1. offender (a) makes an
attack, (b) employs force,
(c) makes a serious
intimidation,
or
(d)
makes
a
serious
resistance
2. person assaulted is a
person in authority or his
agent
3. at the time of the assault,
person
in
authority/agent (a) is
engaged
in
actual
performance of duty, or
he is assaulted (b) by
reason
of
past
performance of duty
4. offender knows that the
person has authority
5. no public uprising
QUALIFYING
CIRCUMSTANCES:
1. assault is committed by a
weapon
2. offender is a public
officer/employee

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

13

nonetheless,
if
the
offended party is a PIA,
force need not be serious
intimidation/resistance
must be serious and
active
intimidation
must
produce
immediate
effects
a PIA must be directly
vested with jurisdiction
(the powers and duties
are determined)
PIAs include division
superintendents,
teachers and lawyers
an agent of a PIA is
charged
with
maintenance of public
order
agents
include
policemen,
municipal
treasurers, postmasters,
sheriffs, BIR agents,
Malacanang
agents,
barangay chief tanods
function of a PIA/agent
must be shown in the
information
even if agent of PIA
agrees to fight, crime still
constitutes direct assault

Criminal Law 2 Reviewer


3.

offender lays hands on a


PIA

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

14

self-defense is valid if
PIA/agent
unlawfully
provokes a person (cf.
Art 11, RPC)
if both offender and
offended
party
are
PIA/agents, the crime is
qualified
knowledge
of
the
accused
that
the
offended party is a
PIA/agent
is
ESSENTIAL
information must allege
such knowledge
disregard of respect on
account of rank (cf. Art
14, RPC) inherent in
direct assault
when PIA/agent is not
on performance of duty
when attacked, evidence
of
motive
becomes
necessary
direct assault may be
complexed with murder,
homicide or serious
physical injuries
slight physical injuries
are absorbed in direct
assault

Criminal Law 2 Reviewer


149

INDIRECT ASSAULTS

Indirect assaults are committed


against persons who come to the
aid of an agent/PIA who is
attacked.

1.
2.
3.

PIA/agent is a victim of
direct assault
person comes into aid of
PIA/agent
offender uses force or
intimidation upon such
person

150

DISOBEDIENCE TO THE
NATIONAL ASSEMBLY

This crime consists of acts that


defy the National Assembly or
Constitutional Commissions:
1. refusing
to
obey
summons
2. refusing to be sworn
3. refusing to answer any
legal inquiry
4. restraining another from
attending as a witness
5. inducing disobedience

1.

offender does any of the


acts
that
defy
the
National Assembly or
Constitutional
Commissions

151

RESISTANCE AND
DISOBEDIENCE TO
PIA/AGENT

This is the unwarranted refusal to


comply with the lawful orders of
PIA/agents.

SERIOUS DISOBEDIENCE:
1. PIA/agent
in
performance of duty
2. offender
resists
or
seriously disobeys such
person
3. act of the offender is
NOT included in Arts.
148-150
SIMPLE DISOBEDIENCE:
1. agent
is
in
the

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

15

can only be committed


in cases of direct assault
private persons may be
victims
of
indirect
assault

any of the acts under


Art. 150 may also be
punished for contempt
(cf.
Arnault
v
Nazareno, 87 Phil. 29)

justified resistance may


be invoked in unlawful
aggression (cf. Art. 11,
RPC)
in cases of pickets, these
must be lawful
orders from the agent
must be lawful

Criminal Law 2 Reviewer

2.
3.
153

154

TUMULTS

UNLAWFUL USE OF
MEANS OF
PUBLICATION,
UNLAWFUL
UTTERANCES

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime may consist of any of


the following acts:
1. serious disturbances in
any public place, office or
establishment
2. interrupting/disturbing
peaceful meetings
3. making
any
outcry
tending to incite rebellion
or sedition
4. displaying placards or
emblems which disturb
the public order
5. burying with pomp the
body
of
a
legally
executed person

1.

This crime may consists of any of


the following acts:
1. false
news
which
endangers public order,
damages interest/credit
of the State
2. encouraging
disobedience to the law

1.

performance of duty
offender disobeys such
agent
disobedience is NOT of a
serious nature
offender does any of the
acts in the definition

offender does any of the


acts in the definition

16

serious disturbance
must be planned or
intended
this felony applies to
disturbing a religious
ceremony done by
private persons, or by
a public officer who
ATTENDS
the
ceremony
outcry must NOT be
intentionally aimed to
incite
sedition;
otherwise, Art. 142
must be charged
a tumultuous (3 or
more
persons)
disturbance qualifies
the offense
actual public disorder
or damage to the State
NOT necessary
the offender must
know that the news is
false
RA
248
penalizes
reprinting government

Criminal Law 2 Reviewer


3.

155

156

ALARMS AND
SCANDALS

DELIVERING PRISONERS
FROM JAIL

malicious publishing of
official
documents
without proper authority
4. anonymous publication
This crime may include any of
the following acts:
1. discharging a firearm or
any explosive
2. instigating or taking part
in charivari
3. disturbing public peace
at night
4. disturbance/scandal in
public
places
while
intoxicated
This crime consists of helping
prisoners escape from detention.

publications without
previous authority

1.

offender does any of the


acts in the definition

1.
2.

person confined in jail


offender removes such
person from confinement

157

EVASION OF SERVICE OF
SENTENCE

This crime consists of avoiding


the service of imprisonment.

1.
2.
3.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

17

offender convicted by
final judgment
sentence
consists
of
deprivation of liberty
escaping during the term
of sentence

discharge
of
firecrackers or rockets
during
festive
occasions
not
penalized
charivari is defined by
a medley of discordant
voices

includes
detention
prisoners
hospital/asylum
considered
as
extension of jail
violence, intimidation
bribery,
employing
deceit NOT necessary
not
applicable
to
sentence executed by
deportation
applicable to destierro
qualified
by:
(1)
unlawful entry, (2)
breaking
doors,
windows, gates, walls,
roofs and floors, (3)

Criminal Law 2 Reviewer

18

using picklocks, false


keys, disguise, deceit,
violence
or
intimidation,
(4)
connivance with other
convicts or employees
158

EVASION DURING
DISORDERS

This crime is similar to the


previous Article, but done during
times of calamity

1.
2.

3.

159

OTHER CASES OF
EVASION OF SERVICE OF
SENTENCE

This crime consists of an offender


doing any act contravening the
terms of his conditional pardon.

4.
1.
2.
3.

(VIOLATION OF
CONDITIONAL PARDON)

offender convicted by
final judgment
disorder such as (1)
conflagration,
(2)
earthquake, (3) explosion,
(4)
catastrophe,
(5)
mutiny in which he did
NOT participate
leaving
the
penal
institution during the
said calamity
failure to give himself up
offender was a convict
conditional pardon by
the Chief Executive
violation
of
the
conditions of the pardon

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convict must leave the


penal institution
increased
penalties
(not exceeding 6m) for
convicts who fail to
return
mutiny implies an
unlawful resistance or
revolt

2 penalties: (1) prision


correccional (PC) if the
penalty remitted < 6y,
(2) unexpired portion
if the penalty > 6y
violation
of
conditional pardon a
DISTINCT crime
violation
of
conditional
pardon
NOT a substantive
offense
conditions extend to
special laws

Criminal Law 2 Reviewer

160

QUASI-RECIDIVISM

An offender commits another


crime during the service of his
penalty.

1.
2.

offender convicted by
final judgment
commission of a new
felony before beginning
to serve/while serving
the sentence

offender may
be
arrested and jailed
without proper trial

first crime need NOT


be a felony
new offense need NOT
be of a different
character
different
from
reiteracion, because it
means
committing
another
offense
AFTER serving out the
sentence
cannot be offset by
ordinary
mitigating
circumstances
offender
may
be
pardoned at the age 70
years
only a convict who is
NOT
a
habitual
criminal shall be
pardoned

HUMAN SECURITY ACT OF 2007 (RA 9372)


Acts Punishable as Terrorism
1. Art. 122, Piracy
2. Art. 134, Rebellion/Insurrection
3. Art. 134-A, Coup d Etat
4. Art. 248, Murder
5. Art. 267, Kidnapping and Serious Illegal Detention
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)

19

Criminal Law 2 Reviewer


6.

20

Art. 324, Crimes Involving Destruction, or under


a. PD 1613, Law on Arson
b. RA 6969, Toxic Substances and Nuclear Waste Control Act of 1990
c. RA 5207, Atomic Energy Regulatory and Liability Act of 1968
d. RA 6235, Anti-Hijacking Law
e. PD 532, Anti-Piracy and Anti-Highway Robbery Law of 1974
f. PD 1866, Illegal Possession of Firearms

Notes on RA 9372:
1. Terrorism is the most severely punished crime (40 y imprisonment).
2. Conspiracy to commit terrorism is punishable as a crime.
3. Penalties are imposed upon accomplices (20 y imprisonment) and accessories (10 y 1 d 12 y imprisonment) to terrorism.
4. Prosecution under RA 9372 is a bar to prosecution of another penal offense.
TITLE IV: CRIMES AGAINST PUBLIC INTEREST
This Title punishes crimes that subvert the integrity of the truth such as forgeries, counterfeiting and perjuries.
ARTICLE
161

FELONY
FORGING GOVERNMENT
SEAL, SIGNATURE AND
STAMP OF THE CHIEF
EXECUTIVE

DEFINITION
This
crime
consists
of
counterfeiting the symbols of the
Chief Executive (Great Seal,
signature
and
presidential
stamp).

162

USING FORGED
SIGNATURE OR
COUNTERFEIT SEAL OR
STAMP

This crime consists of the


utilization
of
the
said
counterfeited symbols.

1.

1.
2.
3.

163

MAKING, IMPORTING OR
UTTERING FALSE COINS

This crime consists of the


production/use of false coins.

1.
2.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

ELEMENTS
offender does any of the
acts in the definition

symbols were forged by


another person
offender knew of the
counterfeiting or forgery
he
used
the
said
counterfeit or forgery
false or counterfeited
coins
offender made, imported

NOTES

the signature of the


President must be
formed
in
what
appears as an official
document

offender should NOT


be the forger

coin: piece of metal


stamped with certain
marks
and
made

Criminal Law 2 Reviewer

3.

or uttered such coins


in uttering, there must be
connivance
with
the
counterfeiters
or
importers

164

165

MUTILATION OF COINS

SELLING OF FALSE OR
MUTILATED COIN,
WITHOUT CONNIVANCE

This crime consists of destroying


coins, such as (1) mutilating coins
with intent to defraud, (2)
importing or uttering such
mutilated coins.
This crime consists of possessing
a mutilated coin with intent to
utter it.

1.

offender does any of the


acts in the definition

possession of coin:
1. possession
2. intent to utter
3. knowledge

actually uttering:
1. actually uttering
2. knowledge

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

21

current at a certain
value
import: to bring into
port
utter:
pass
counterfeited
coins,
includes delivery or
giving away
former
coins
withdrawn
from
circulation may be
counterfeited
mutilation: taking off
part of the metal
coin must be of legal
tender
coins of a foreign
country not included
possession does not
require the coin to be
legal tender
constructive
possession included
possession
of
counterfeiter
or
importer
is
NOT
punished as a separate
offense
accused must have
knowledge that the
coin is false

Criminal Law 2 Reviewer


166

FORGING TREASURY OR
BANK NOTES OR OTHER
DOCUMENTS

This crime consists of forgeries of


obligations and securities issued
by the Government or private
entities (eg. banks) through (1)
forging/falsification of treasury
or bank notes, (2) importation of
the said forgeries, (3) uttering of
such forgeries.

1.

offender does any of the


acts in the definition

167

168

COUNTERFEITING,
IMPORTING AND
UTTERING
INSTRUMENTS NOT
PAYABLE TO BEARER

This crime is similar to Art. 166


but the instrument concerned is
NOT payable to a bearer. These
instruments may include paper
currency.

ILLEGAL POSSESSION
AND USE OF FALSE
TREASURY OR BANK
NOTES

This crime consists of holding a


false security with intent to use it.

1.
2.

3.
1.
2.
3.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

instrument NOT payable


to bearer
offender
forged,
imported or uttered such
instrument
connivance in uttering
forged
treasury/bank
note
offender knows about
forgery/falsification
performance of these
acts: (1) using forged or
falsified instruments, (2)

22

forging: giving the


appearance of a true
and genuine document
falsification: erasing,
substituting,
counterfeiting
and
altering any content
uttering must be done
with connivance
treasury/bank notes,
certificates or other
obligations
and
securities payable to
bearer may be falsified
Philippine
National
Bank
checks
are
commercial
documents,
not
covered by Art. 166

connivance is NOT
required if the utterer
is the forger

intent to possess is
NOT intent to use
accused must have
knowledge
of
the
forged character of the
note
presumption
of

Criminal Law 2 Reviewer


possession for intended
use

170

FALSIFICATION OF
LEGISLATIVE
DOCUMENTS

This crime consists of altering


documents
produced
by
lawmaking agencies.

1.
2.
3.
4.

bill enacted, approved or


pending approval
offender alters it
no proper authority
alteration
changed
documents meaning

171

FALSIFICATION BY
PUBLIC OFFICER

This
crime
consists
of
counterfeiting
or
forging
documents by the class of
persons
mentioned
in
the
elements.

1.

2.
3.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

offender is a public
officer, employee, notary
public,
ecclesiastical
minister
takes
advantage
of
official position
falsifies a document by
the following acts: (1)
counterfeiting
or
imitating
any
handwriting, signature or
rubric, (2) causing it to
appear that persons have
participated
in
a
proceeding,
(3)
attributing statements to

23

possessor as material
author of the forgery
burden of proof falls
on the accused
bill,
resolution
or
ordinance must be
genuine
offender may be any
person
act of falsification is
limited to altering
which
changes
meaning
RA
248
punishes
unlawful reproduction
of such documents
taking advantage: (1)
duty to make, prepare
or intervene in the
document, (2) falsified
document is in his
official custody
document: (1) written
statement
that
establishes rights or
extinguishes
obligations, (2) fact
may be proven or
affirmed, (3) legal
efficacy
falsification
may
include alteration or

Criminal Law 2 Reviewer

172

FALSIFICATION BY
PRIVATE INDIVIDUALS
AND USE OF FALSIFIED
DOCUMENTS

This crime consists of other


falsifications
committed
by
persons other than what is
enumerated in the previous
article.

a person, (4) untruthful


statements in a narration
of facts, (5) altering true
dates, (6) alteration or
intercalation in a genuine
document, (7) issuing an
authenticated
form
where no original exists,
(8)
intercalating
any
instrument or note
4. if
an
ecclesiastical
minister,
falsification
must affect civil status of
persons
Elements of Art. 172 (1):
1. offender is a private
individual or a public
officer who did not take
advantage of his position
2. acts of falsification under
Art. 171 were done
3. public,
official
or
commercial
document
was falsified
Elements of Art. 172 (2):
1. offender committed any
acts
of
falsification,
EXCEPT those in Art. 171
(7)
2. committed in a private
document

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

24

intercalation
documents may be
simulated
or
fabricated
counterfeiting:
(1)
intent to emulate, (2) 2
samples resemble to
each other
imitating/feigning: to
give false appearance

kinds of documents:
(1) public created,
executed or issued by
a public official in the
exigencies of public
service, (2) official
issued by a
public
official in the exercise
of the functions of his
office, (3) private
deed/instrument
executed by a private
person
w/o
intervention
by
a
notary
public,
(4)
commercial

defined/regulated by
the Code of Commerce

Criminal Law 2 Reviewer


3.

caused damage/intended
to cause damage

Elements of Use of Falsified


Documents, Art. 172 (2): in a
JUDICIAL proceeding
1. knowledge
of
falsification
2. false
document
is
embraced in Art. 171
3. introduction in a judicial
proceeding
Elements of Use of Falsified
Documents, Art. 172 (2): in any
other transaction
1. knowledge
of
falsification
2. false
document
is
embraced in Art. 171
3. use of document
4. caused damage/intent to
cause damage

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Patrick Alcantara (UP Law E2015)

25

(ie.
letters
of
exchange/credit,
quedans, cash files,
deposit slips, surety
accounts, air way bills)
public writings under
the Rules of Court: (1)
written
official
acts/records of the
Philippines
and
a
foreign country, (2)
documents
acknowledged before
a notary public, (3)
public records in the
Philippines
blank forms of official
documents are NOT
documents
possessor of a falsified
certificate
of
title
presumed to be the
author
of
said
falsification
lack
of
malice/criminal intent
a valid defense
in Art. 172 (2), damage
need not be material
jurisdiction lies where
falsification occurred
falsification may be

Criminal Law 2 Reviewer

173

FALSIFICATION OF
WIRELESS TELEGRAPH
AND TELEPHONE
MESSAGES

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This crime consists of uttering


fictitious messages, falsifying
messages and using such false
messages.

Art. 173 (1): uttering/falsifying


messages
1. offender
is
an
officer/employee of the
Government or a private
corporation engaged in
the sending of messages
2. offender commits any of
the acts: uttering or
falsifying

26

complexed with other


crimes
NO complex crime of
estafa
through
falsification of private
document
falsification
may
happen
through
reckless imprudence
NO
attempted
or
frustrated falsification
user is presumed to be
the
author
of
falsification when (1)
use
was
closely
connected with the
falsification, (2) user
had
capacity
in
falsifying
the
document

Criminal Law 2 Reviewer

174

FALSE MEDICAL
CERTIFICATES,
CERTIFICATES OF MERIT
OR SERVICE

This crime consists of the


falsification of the named class of
documents.

175

USING FALSE
CERTIFICATES

This crime consists of the use of


the said falsified documents
enumerated in Art. 174.

176

177

MANUFACTURING AND
POSSESSION OF
INSTRUMENTS FOR
FALSIFICATION

This
crime
consists
of
making/introducing into the
Philippines of instruments for
falsification and possessing with
intent to use such instruments.

USURPATION OF
AUTHORITY

This crime consists of false


representation or performing acts
under the pretense of an official
position.

Art. 173 (2): use of falsified


messages
1. knowledge
of
falsification
2. use of such falsified
dispatch
3. prejudice to a third party
or intent to cause such
prejudice
1. offender does any of the
acts in the definition

1.
2.
3.
1.

issuance of a false
certificate
offender knew of such
falsity
use of such
offender does any of the
acts in the definition

persons
liable:
(1)
physician or surgeon,
(2) public officer, (3)
private individual

implements
confiscated need NOT
form a complete set
Art. 164, 176 punish
constructive
possession

1.

offender does any of the


acts in the definition

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Patrick Alcantara (UP Law E2015)

27

representation must be
positive, express and
explicit
false
representation
may be shown by acts
Art. 177
may be
violated by a public
officer

Criminal Law 2 Reviewer

178

179

USE OF FICTITIOUS
NAME

ILLEGAL USE OF
UNIFORMS OR
INSIGNIAS

CRIMINAL LAW 2 REVIEWER


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This crime consists of employing


a false name.

This crime consists of public,


improper
employment
of
uniforms and insignias.

Elements
(Using
Fictitious
Name):
1. offender uses another
name
2. public use
3. purpose:
(1)
conceal
crime,
(2)
evade
execution of a judgment,
(3) cause damage to
public interest
Elements (Concealing True
Name):
1. offender conceals his (1)
true name and (2) all
other
personal
circumstances
2. purpose to conceal ones
identity
1. offender uses uniform or
insignia
2. such pertains to office not
held by the offender
3. use in a public, improper
manner

28

Art. 177 may also be


violated by usurping
the authority of a
foreign public official
act performed must
pertain to the (1)
Government, (2) PIA,
(3) public officer
fictitious name: any
other name a person
publicly applies to
himself
without
authority of law
damage must be done
to the public interest

exact imitation of the


dress is unnecessary

Criminal Law 2 Reviewer


180

FALSE TESTIMONY
AGAINST A DEFENDANT

This crime is a type of perjury in


a criminal proceeding.

1.
2.
3.
4.

criminal proceeding
false testimony under
oath
knowledge of falsehood
defendant was acquitted
or convicted by final
judgment

181

FALSE TESTIMONY
FAVORABLE TO A
DEFENDANT

This crime is a type of perjury in


a criminal proceeding.

cf. elements of Art. 180, RPC


except #4

182

FALSE TESTIMONY IN
CIVIL CASES

This crime is a type of perjury in


a civil proceeding.

1.
2.
3.
4.
5.

183

PERJURY

This crime consists of either


falsely testifying under oath or
making a false affidavit.

1.
2.
3.

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civil case
testimony
relates
issues
false testimony given
knowledge of falsity
malice in testimony

to

statement
under
oath/affidavit
made before a competent
office
willful/deliberate

29

penalty depends upon


the sentence of the
defendant
defendant must be
sentenced at least to
(1)
a
correctional
penalty, (2) fine, or (3)
must be acquitted
witness is liable even if
his testimony is not
considered by court
conviction/acquittal of
defendant is NOT
necessary
defendant
who
testified in his own
behalf covered by this
Article
spontaneous
rectification is NOT
false testimony
Art.
182
NOT
applicable in special
proceedings
penalty depends on
the amount of the
controversy
oath: an attestation
that a person signifies
that he is bound by
conscience to do an act
truthfully

Criminal Law 2 Reviewer

4.

falsehood
sworn
statement
required by law

is

184

OFFERING FALSE
TESTIMONY IN
EVIDENCE

This
crime
consists
of
introducing false evidence in a
judicial or official proceeding

185

MACHINATIONS IN
PUBLIC AUCTIONS

This crime consists of soliciting


any gift or promise as a
consideration
from
staying
away from a bidding, or causing
bidders to stay away.

CRIMINAL LAW 2 REVIEWER


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offer
of
a
false
witness/testimony
2. knowledge of falsehood
3. made
in
a
judicial/official
proceeding
Soliciting Gift/Promise:
1. public auction
2. soliciting gift/promise
3. consideration to refrain
from taking part
4. accused had intent to
cause reduction of price

30

affidavit:
sworn
statement in writing
material matter: main
fact of the subject of
inquiry
on facts: (1) material
directed to prove a
fact, (2) relevant
establishes probability
or improbability of
event, (3) pertinent
concerns
collateral
matters
good faith or lack of
malice a valid defense
subornation of perjury:
knowing/willing
procurement
of
a
perjurious witness

1.

consummated by mere
solicitation

Criminal Law 2 Reviewer

186

MONOPOLIES OR
COMBINATIONS IN
RESTRAINT OF TRADE

This crime involves acts that


restrain
free
market
competition.

Cause Bidders to Stay Away:


1. public auction
2. attempt to cause bidders
to stay away
3. threats, gifts, promises,
other artifice
4. intent to cause reduction
of price
1. offender does any of the
prohibited acts in Art.
186: (1) combinations, (2)
monopolies,
(3)
conspiracy with other
persons or firms

187

FALSELY MARKED
ARTICLES MADE OF
GOLD, ETC.

This crime involves trade in


tampered/adulterated
commodities like gold, etc.

1.
2.

3.

importation,
sale
or
disposal
stamps, brands or marks
fail to indicate actual
fineness
knowledge of offender

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31

property seized are


forfeited in favor of
the Government
mere conspiracy or
combination
is
punished by the law
when
offense
is
committed
by
a
corporation
or
association,
the
president
and
directors
and
managers are liable
articles involved: (1)
gold, (2) silver, (3)
other precious metals,
(4) alloys of 1-3
selling
misbranded
articles
is
NOT
necessary
manufacturer
who
alters such marks is
liable under Art. 315
(2)(b) estafa

Criminal Law 2 Reviewer


188-189

UNFAIR COMPETITION,
FRAUDULENT
REGISTRATION OF
TRADE NAME

TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS


This Title is REPEALED by RA 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Acts Punished Under RA 9165:
1. pushing
2. maintaining a drug den
3. manufacturing
4. possession
When Maximum Penalty is Imposed:
1. within 100m of a school
2. using minors/incapacitated individuals for pushing, etc.
3. victim is a minor
4. proximate cause of death
5. financial/protector/coddler

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5.
6.
7.

use
cultivation of plants
unlawful/unnecessary prescription

32

Art.
188-189
are
repealed
by
the
Intellectual Property
code of the Philippines
(RA 8293)
elements of unfair
competition:
(1)
confusing similarity,
(2) intent to deceive
the public and defraud
the competitor
evidence of actual
fraudulent intent NOT
necessary

Criminal Law 2 Reviewer

33

Notes on RA 9165:
Probation Law is NOT applicable for drug traffickers/users
Being under the influence of dangerous drugs is a qualifying aggravating circumstance
Attempt/conspiracy shall be penalized by the same penalty for commission
A public official who misappropriates drugs, plants evidence : maximum penalty (RP)
Voluntary submission may result in EXEMPTION from criminal liability
TITLE VI: CRIMES AGAINST PUBLIC MORALS
This Title punishes acts that are detrimental to the collective standard of decency and morality.
ARTICLE
195-199

FELONY
FELONIES RELATED TO
GAMBLING

DEFINITION

200

GRAVE SCANDAL

Grave scandal involves an act or


acts that disturb the moral
sensibilities of the general public
(eg. streaking, exhibitionism,
voyeurism).

ELEMENTS

1.
2.
3.
4.

201

IMMORAL DOCTRINES,
OBSCENE PUBLICATIONS
AND EXHIBITIONS

This crime involve the following


acts: (1) expounding doctrines
contrary to public morals, (2)
authoring/publishing indecent or
immoral shows, (3) selling, giving
away or exhibiting immoral
materials.

1.

NOTES

These Articles are repealed


by PD 1602 (Prescribing
Penalties
in
Illegal
Gambling)

offender performs an act


or acts
highly scandalous
NOT falling within other
RPC articles
commission in a public
place

acts must cause public


scandal to the persons
witnessing them
if acts are performed in a
private house and seen by
one person, the crime is
NOT committed

offender does any of the


acts in the definition

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

publicity is essential
morality: conformity with
the generally acceptable
standards of goodness
author of obscene literature
is liable ONLY when it is
published
with
his
knowledge
test of obscenity: tendency
to deprave or corrupt those

Criminal Law 2 Reviewer

202

VAGRANCY AND
PROSTITUTION

Vagrants are idle persons who


are able but without work.
Prostitutes are women who
habitually engage in sex for
money or profit.

1.

offender must fall into


the definition of being a
vagrant or a prostitute

34

whose minds are open to


suggestion
mere nudity in pictures and
painting is NOT obscenity
mere possession of obscene
materials
is
NOT
punishable
give away = distribute
pictures
with
slight
obscenity and used for
commercial purposes are
liable under Art. 201
using a child for obscene
purposes is liable under RA
7610
mendicancy and abetting
mendicancy are punished
by PD 1563
RA
9208
punishes
trafficking in persons

PD 1602 (Prescribing Stiffer Penalties in Illegal Gambling)


GAMBLING: any game or scheme, whether upon chance or skills, wherein wagers are made consisting of money, articles of value or
representative of value
RA 9287 increased the penalties for illegal number games
Spectators are NOT liable in gambling
Guessing competition constitutes lottery
There is NO lottery where there is full value of money (eg. buying softdrinks with specially-marked caps)
Requisites of knowingly permitting gambling: (1) gambling was carried on in an inhabited or inhabited place, (2) such place is owned or
controlled by the offender, (3) offender permitted the game
The proof that the game will take place is NOT necessary
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)

Criminal Law 2 Reviewer

35

RA 9208 (Anti-Trafficking in Persons Act of 2003)


Trafficking in persons: recruitment, transportation, transfer or harbouring, or receipt of persons with or without the victims consent
or knowledge, within or across national borders
Some acts of trafficking: (1) recruiting for the pretense of employment for the purposes of prostitution, etc., (2) mail-order brides, (3)
offers of marriage for engagement in prostitution, etc., (4) tours for prostitution, etc., (5) hiring for prostitution or pornography, (6)
adoption for prostitution, pornography, etc., (7) organ sale, (8) hiring of child soldiers
Qualified trafficking: (1) trafficking children, (2) trafficking is effected through adoption, (3) done by syndicates [3 or more persons],
(4) offender is an ascendant, parent, sibling, guardian or a person exercising authority over the trafficked person, (5) member of the
military or law enforcement, (6) party dies, becomes insane, suffers mutilation or is afflicted with HIV
TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS
This Title punishes acts that are detrimental to the spirit of public trust embodied by a public office.
WHO IS A PUBLIC OFFICER? (Art. 203, RPC)
1. performing public functions in Government OR performing public duties as an employee, agent or subordinate official
2. authority must be derived from:
a. direct provision of law
b. popular election
c. appointment by competent authority
MALFEASANCE: improper performance of some act
MISFEASANCE: performance of some act that must NOT be done
NONFEASANCE: omission of some act that must be performed
ARTICLE
204

FELONY
KNOWINGLY
RENDERING UNJUST
JUDGMENT

DEFINITION
This crime involves judges who
pronounce judgments contrary to
law and/or not supported by
evidence.

1.
2.
3.
4.

ELEMENTS
offender is a judge
rendering of a judgment
unjust judgment
knowledge
of
unjust
judgment

NOTES

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

bad faith as the


ground of liability
evidence of unjust
judgment must be
presented
does NOT apply to
members
of
a

Criminal Law 2 Reviewer

36

collegiate court
205

JUDGMENT RENDERED
THROUGH NEGLIGENCE

This crime involves judges who


pronounce judgments out of
inexcusable
negligence
or
ignorance.

1.
2.
3.
4.

206

UNJUST
INTERLOCUTORY ORDER

This crime involves judges who


pronounce
orders
at
the
commencement of a suit in a
manifestly unfair manner.

1.
2.

207

MALICIOUS DELAY IN
THE ADMINISTRATION
OF JUSTICE

This crime involves hindering the


administration of justice due to
the bad faith of a judge.

1.
2.
3.
4.

208

PROSECUTION OF
OFFENSES: NEGLIGENCE
AND TOLERANCE

This crime involves dereliction of


duty on the part of public officers
who prosecute violators of the
law.

1.
2.

3.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

offender is a judge
rendering of a judgment
manifestly
unjust
judgment
inexcusable negligence or
ignorance
offender is a judge
performance of any of
these acts: (a) knowingly
rendering
unjust
interlocutory order or
decree, (b) renders
a
manifestly
unjust
interlocutory order or
decree
through
inexcusable negligence or
ignorance
offender is a judge
court proceeding
delay
in
the
administration of justice
underlying malice in the
delay

abuse of discretion or
mere
error
of
judgment
is
NOT
punishable under Art.
206

interlocutory
order:
decree issued by the
court at the end of suit
to decide some matters
which are NOT part of
the final decision of
the court

public
officer
who
prosecutes offenses
NO prosecution even if he
has knowledge of the
offense
malice and deliberate
intent

crime committed by
the violator must be
proven first before
conviction
for
dereliction
NOT applicable to
revenue officers

Criminal Law 2 Reviewer


209

BETRAYAL OF TRUST BY
AN ATTORNEY

210

DIRECT BRIBERY

This crime involves attorneys


who through malicious breach of
duty or negligence/ignorance,
reveals the clients secrets or
undertakes the defense of another
client.
This crime involves public
officers who accept offers,
promises, gifts or presents in
order to commit a crime, an
act/omission detrimental to the
public service.

1.
2.

offender is a lawyer
offender does any of the
acts in the definition

1.
2.

public officer
accepts an offer/promise
or receives gifts/presents
such is accepted to: (1)
commit crime, (2) in
consideration of an act
which do NOT constitute
a crime, (3) refrain from
doing his official duty
act is in connection with
official duties

3.

4.

211

INDIRECT BRIBERY

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime is similar to direct


bribery but does NOT require an

1.
2.

public officer
accepts gifts

37

Art. 210 is applicable


to
assessors,
arbitrators, appraisal
and
claim
commissioners,
and
experts
gifts may be received
personally or through
intermediaries
gifts may either be
voluntarily offered or
solicited
accepted
offer
or
promise is sufficient
for prosecution
gift or present must
have pecuniary value
bribed public officer
who does a crime shall
suffer the penalty for
such crime if it has
been committed
direct bribery involves
moral turpitude
NO
attempted
or
frustrated
indirect

Criminal Law 2 Reviewer

211-A

QUALIFIED BRIBERY

act/omission to be done by the


public officer.

3.

This crime involves receiving any


offer, promise, gift or present in
consideration
for
NOT
prosecuting a crime punishable
by RP or higher.

1.

2.

3.
212

CORRUPTION OF PUBLIC
OFFICIALS

This crime involves persons who


corrupt public officials through
offers, promises, gifts or presents.

1.

2.

213

FRAUDS AGAINST THE


PUBLIC TREASURY

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime involves schemes used


to steal money from the public
treasury such as illegal exactions.

by reason of his office

public officer entrusted


with law enforcement
refraining from arresting
or
prosecuting
an
offender with a crime
punishable by RP or
higher
in consideration of any
promise, gift or present
offender makes offers or
promises or gives gifts or
presents to a public officer
circumstances that will
make the public officer
liable for direct or indirect
bribery

Frauds Against Public Treasury:


1. public officer
2. taking advantage of his
office
3. agreement with regard to
(1) furnishing supplies, (2)
making of contracts, (3)
adjustment or settlement
of accounts related to
public property or funds

38

bribery
PD 46 penalizes giftgiving
to
public
officials
for
any
occasion

PD
749
grants
immunity to bribegivers in order to help
prosecute
corrupt
officials

public officer must act


in his official capacity
merely entering into
agreement or demand
already consummates
the crime
when deceit is present
in demanding greater
fees, the crime is
ESTAFA

Criminal Law 2 Reviewer


4.

intent to defraud
Government

39

the

Illegal Exactions:
1. public officer entrusted
with collection
2. does the following acts or
omissions: (1) demanding
sums different from or
larger
than
those
authorized, (2) failing
voluntarily to issue a
receipt, (3) collecting or
receiving different things
from that is required by
law

214

OTHER FRAUDS

This crime covers other frauds


committed by public officers.

1.
2.
3.

215

PROHIBITED
TRANSACTIONS

This crime covers transactions


where conflict of interest exists.

1.
2.

3.
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)

public officer
takes
advantage
of
position
commission of any frauds
or deceits in Art. 315-318:
estafa, other forms of
swindling, swindling a
minor, and other deceits
appointive public officer
interest, direct or indirect,
in
an
exchange
or
speculating transaction
transaction takes place

transactions
of
exchange
or
speculation
include
buying and selling
stocks, commodities,

Criminal Law 2 Reviewer

4.

within his jurisdiction


during his incumbency

216

POSSESSION OF
PROHIBITED INTEREST

The concept of this crime is


similar to the previous Article.
The following may be liable
under this Article:
1.
2.
3.

217

MALVERSATION

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

land, etc.
purchasing stocks and
shares for investment
is NOT a violation
purchasing securities
for resale becomes a
violation

1.

offender must belong to


the specific class of
persons in the definition
and must be involved in
a transaction

the 1987 Constitution


prescribes restrictions
on
employment/
practice of profession
by
certain
public
officers (Sec. 14, Art.
VI:
members
of
legislature; Sec. 13,
Art. VII: President,
Vice-President, cabinet
secretaries, assistants
and deputies; Sec. 2,
Art. IX-A: member of a
Constitutional
Commission)

1.
2.

public officer
custody or control of
funds or property
accountability for those
funds or property
appropriating,
taking,
misappropriating,
consenting the taking of
such funds or property

nature of duties of the


public
officer
controlling in this
crime
funds or property
must be received in
official capacity
private
individuals
complicit with public
officers are also liable

public officers
experts, arbitrators and
private accountants
guardians and executors

This
crime
involves
embezzlement of public funds or
property. It punishes certain acts:
(1) appropriating public funds or
property,
(2)
taking
or
misappropriating
such,
(3)
consenting,
through
abandonment or negligence,
permitting any person to take
such

40

3.
4.

Criminal Law 2 Reviewer

218

FAILURE TO RENDER
ACCOUNTS

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime involves an omission


on the part of a public officer to
account for funds entrusted to
him.

1.
2.
3.

public officer
accountable for public
funds or property
requirement to render

41

for malversation
Government
funds
include revenue and
trust funds
standard of prudence
by a reasonable person
is the test determining
negligence
lack of criminal intent
or good faith is a valid
defense
presumption
of
malversation
for
failure to return public
funds upon demand
presumption
of
malversation
is
rebuttable
return
of
funds
malversed may be a
mitigating
circumstance
demand
NOT
necessary
in
malversation
damage
to
the
Government
NOT
necessary
demand
for
accounting
NOT
necessary
misappropriation NOT

Criminal Law 2 Reviewer

4.
219

220

FAILURE TO RENDER
ACCOUNTS BEFORE
LEAVING THE COUNTRY

ILLEGAL USE OF PUBLIC


FUNDS OR PROPERTY

This crime is similar to the


previous Article, except for the
circumstance of leaving the
country.

1.
2.

This crime involves using public


funds or property other than its
appropriated usage.

1.
2.

3.

3.
4.

221

FAILURE TO MAKE
DELIVERY OF PUBLIC
FUNDS OR PROPERTY

This crime involves failure to


make payment or refusing to
make delivery, when such acts
are required by the offenders
office.

1.

2.
3.

223

CONNIVING WITH OR
CONSENTING TO
EVASION

This crime involves conspiring


with prisoners in their escape or
evasion of service.

1.
2.
3.
4.

accounts
failure to render within 2
months
public officer
accountable for public
funds or property
unlawful departure from
the Philippines without
certification of rendering
accounts
public officer
public fund or property
under his administration
such is appropriated by
law or ordinance
application to a public use
other
than
its
appropriation
public
officer
having
Government funds in his
possession
under obligation to make
payment
malicious failure to make
payment
public officer
custody of prisoner
escape of prisoner
connivance with prisoner

necessary

act of leaving the


country
must
be
unauthorized or NOT
permitted by law

NO
technical
malversation in the
absence of law or
ordinance

prisoners may be in
detention or serving a
sentence
by
final
judgment
leniency or laxity is
NOT infidelity
relaxation
of

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

42

Criminal Law 2 Reviewer


imprisonment
considered
infidelity
224

EVASION THROUGH
NEGLIGENCE

This crime is similar to the


previous Article, but such
evasion
took
place
via
negligence.

1.
2.

3.
225

226

ESCAPE OF PRISONER
UNDER CUSTODY OF
THIRD PERSON

REMOVAL,
CONCEALMENT OR
DESTRUCTION OF
DOCUMENTS

This crime is similar to the


previous Article, but the offender
is a private person.

This crime involves infidelity in


the custody of documents.

1.
2.

3.
4.
1.
2.

3.

4.

public officer
charged
with
the
conveyance or custody of
a prisoner
such prisoner escapes
through negligence
private person
charged
with
the
conveyance or custody of
a prisoner
such prisoner escapes
consent/negligence
public officer
abstracts,
destroys,
conceals documents or
papers
such documents or papers
are entrusted to the
offender by virtue of his
office
damage to a third party or
the public interest

is
as

escaped prisoner may


have liability under
Art. 157, RPC

such officer must be


officially
entrusted
with the documents or
papers
document must be
complete and one by
which a right could be
established
or
an
obligation could be
extinguished
books, periodicals and
pamphlets are NOT
documents
act of retaining mail
and not sending it to
its destination is liable
under Art. 226

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

43

Criminal Law 2 Reviewer


227

OFFICER BREAKING SEAL

This crime involves opening seals


in documents entrusted to a
public officer.

228

OPENING OF CLOSED
DOCUMENTS

This crime has a similar concept


to the previous Article.

229

REVELATION OF
SECRETS

This
crime
involves
the
disclosure of secrets known by a
public officer due to his official
capacity.

1.
2.

public officer
charged with custody of
papers or property
3. such papers or property
are sealed by proper
authority
4. breaking the seals, or
permitting their breaking
1. public officer
2. charged with custody of
closed papers or property
3. opening or permitting to
be opened such closed
papers or property
4. without proper authority
Revelation of Secrets:
1. public officer
2. a secret known due to his
official capacity
3. revealing secret without
authority or justifiable
reasons
4. damage to the public
interest
Revealing
Secrets
by
Wrongfully
Delivering
Papers:
1. public officer
2. in charge of papers
3. papers must NOT be
published

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

44

custody: guarding or
keeping safe
damage or intent to
cause damage NOT an
element of the offense

acts of espionage are


NOT included in this
Article
secrets
of
private
persons NOT included
papers must contain
secrets; otherwise, the
crime is infidelity in
the
custody
of
documents

Criminal Law 2 Reviewer


4.
5.
6.
230

REVEALING SECRETS OF
PRIVATE INDIVIDUALS

This crime is similar to the


previous Article.

1.
2.

3.

231

OPEN DISOBEDIENCE

This crime involves the refusal to


execute a lawful order of a
superior.

1.
2.

3.

4.

232

DISOBEDIENCE TO
ORDER OF SUPERIOR

This
crime
involves
the
suspension of the lawful order of
a superior.

1.
2.
3.
4.
5.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

delivery to a third person


wrongful delivery
damage to the public
interest
public officer
knowledge of the secrets
of a private person by
reason of his office
revealing such secrets
without
authority
or
justifiable reason
public officer
judgment, decision or
order
by
superior
authority
such judgment, decision
or
order
is
within
jurisdiction
of
the
superior and is lawful
offender openly refuses to
execute such without
legal justification
public officer
order was issued by a
superior
suspension of execution
of such order
superior disapproves the
suspension of execution
offender disobeys the
superior
despite
disapproval
of
the

45

damage to
persons
necessary

does NOT apply to


illegal,
unlawful
orders

private
NOT

Criminal Law 2 Reviewer

233

234

235

REFUSAL OF
ASSISTANCE

REFUSAL TO DISCHARGE
ELECTIVE OFFICE

MALTREATMENT OF
PRISONERS

This crime involves a public


officers malicious lack of
cooperation to the administration
of justice or some other public
service.
This crime involves elected
officials who maliciously fail to
discharge their offices.

This crime involves mishandling


prisoners, performing excessive
correction on them or inflicting
cruel
and
humiliating
punishment on them.

1.
2.
3.
1.
2.

3.
1.
2.
3.

suspension
public officer
demand from competent
authority
malicious
failure
to
cooperate
offender is elected by
popular election
refusal to be sworn in or
to discharge the duties of
his office
no legal motive
public officer
in charge of a prisoner or
a detention prisoner
maltreatment
in
the
following manner:
(a) overdoing correction
by:
(1)
imposition
unauthorized
punishments,

of

(2) imposition of cruel


and
humiliating
punishments;

236

ANTICIPATION OF
DUTIES

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime involves assumption


of duties before swearing in.

1.

(b) maltreating in order to


exact a confession
offender is entitled to
hold a public office either

46

damage
to
public
interest is essential in
this felony

NOT applicable
appointive officers

Art. 235 contemplates


ACTUAL charge of the
prisoner
offender may also be
liable for physical
injuries or damage
caused

to

Criminal Law 2 Reviewer

2.
3.
4.
237

PROLONGING
PERFORMANCE OF
DUTIES

This crime involves continuing to


exercise an office beyond the
period prescribed by law,
regulations or special provisions.

1.
2.
3.

238

ABANDONMENT OF
OFFICE

This crime involves leaving an


office before the acceptance of
ones resignation.

1.
2.
3.
4.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

by
election
or
appointment
requirement of swearing
in or payment of bond
assumption of office
non-compliance with the
requirement
offender holds a public
office
period for holding such
office has already expired
offender continues to
exercise the duties and
powers of the office
public officer
formal resignation from
his position
resignation has NOT been
accepted
abandoning office to the
detriment of the public
service

47

a public officer who


has been suspended,
separated, overaged or
dismissed
cannot
perform the duties of
his office

a written or formal
resignation
is
necessary
the offense is qualified
in the crimes of (1)
treason, (2) conspiracy
and
proposal
to
commit treason, (3)
misprision of treason,
(4)
espionage,
(5)
inciting to war or
giving motives for
reprisal, (6) violation
of
neutrality,
(7)
correspondence with
hostile country, (8)
flight
to
enemy
country, (9) piracy and

Criminal Law 2 Reviewer

48

mutiny, (10) rebellion,


(11) coup d etat, (12)
conspiracy
and
proposal to commit
coup
d
etat
or
rebellion,
(13)
disloyalty of public
officers, (14) inciting to
rebellion, (15) sedition,
(16) conspiracy to
commit sedition, (17)
inciting to sedition
239

USURPATION OF
LEGISLATIVE POWERS

This crime involves executive or


judicial officers who appropriate
powers of legislature.

1.
2.

240

USURPATION OF
EXECUTIVE FUNCTIONS

This crime involves judges who


appropriate executive powers.

1.
2.

241

USURPATION OF
JUDICIAL FUNCTIONS

This crime involves executive


officers who appropriate judicial
powers.

1.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

2.

offender is an executive or
judicial officer
he (1) makes general rules
and regulations beyond
his scope of authority, (2)
attempts to repeal a law,
(3)
suspends
the
execution thereof
offender is a judge
he (1) assumes a power
pertaining
to
the
executive authorities, (2)
obstructs the executive
authorities in their lawful
exercise of powers
offender is an executive
officer
he (1) assumes judicial
powers, (2) obstructs the
execution of any order or

legislative officers are


NOT
liable
for
usurpation of powers

legislative officers are


NOT
liable
for
usurpation of powers

Criminal Law 2 Reviewer

242

DISOBEYING REQUEST
FOR DISQUALIFICATION

This crime involves public officer


who continues a proceeding even
after he is disqualified by
competent authority.

1.
2.
3.

4.

5.
243

ORDERS OR REQUESTS
BY EXECUTIVE OFFICERS
TO ANY JUDICIAL
AUTHORITY

This crime involves an executive


officer who addresses judicial
authority in relation to a case.

1.
2.

3.

244

UNLAWFUL
APPOINTMENTS

This crime involves public


officers who knowingly name
unqualified
persons
to
appointive office.

1.
2.

3.
4.
245

ABUSES AGAINST
CHASTITY

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime involves public


officers who (1) solicits or makes
immoral/indecent advances to a

1.
2.

decision rendered by any


judge
public officer
pending
proceeding
before such public officer
question
of
the
proceeding is not yet
decided
lawfully
required
to
refrain from continuing
such proceeding
he
continues
such
proceeding
offender is an executive
officer
addressing any order or
suggestion to a judicial
authority
order or suggestion refers
to a case brought to a
judicial authority
public officer
nomination
or
appointment of a person
to public office
person
lacks
legal
qualification
knowledge of the lack of
legal qualification
public officer
solicitation of or making
immoral/indecent

49

recommending
a
person does NOT
equate to nominating
or appointing him

mother of the person


in custody is NOT
included
in
the

Criminal Law 2 Reviewer


woman interested in matters
before the former, (2) solicits or
makes
immoral/indecent
advances to a woman under the
formers custody, (3) solicits or
makes
immoral/indecent
advances to the wife, daughter,
sister or relatives of the person in
custody of the former.

3.

advances to a woman
such woman has the
characteristics
in
the
definition

50

definition
soliciting means an
earnest and persistent
proposal
consummated by mere
proposal
proof of solicitation is
NOT necessary when
there
is
sexual
intercourse

RA 3019 (Anti-Graft and Corrupt Practices Act)


Sec. 3: Corrupt Practices
a. persuade another, or allow oneself to be persuaded to violate rules
b. request or receive gift for transaction in which he intervenes
c. request or receive gifts for license
d. accept employment related with official business during, and until 1 year after termination
e. cause undue injury or give unwarranted benefit through manifest inexcusable negligence
f. neglect/refusal to act to obtain benefit, cause prejudice or grant favour
g. enter into grossly disadvantageous contract, whether or not for profit
h. have prohibited financial interest requiring approval of the board where he is a member, even if he votes against it or does not participate
i. approve license for unqualified person
j. divulge confidential information
RA 7080 (Anti-Plunder Law)
amass, accumulate, acquire
by himself or with others
ill-gotten wealth worth Php 50M or more
through a series (3 successive acts) or a combination (2 or more acts)
predicate crimes
o malversation
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)

Criminal Law 2 Reviewer

o
o
o
o

51

bribery
fraudulent conveyance of public property
establishing monopolies
taking advantage of public office

TITLE VIII: CRIMES AGAINST PERSONS


This Title punishes acts that produce harm to the life and bodily integrity of persons.
ARTICLE
246

FELONY
PARRICIDE

DEFINITION
In parricide, the offender kills one
of his family.

1.
2.
3.

ELEMENTS
a person is killed
deceased
killed
the
accused
deceased is the father,
mother, child (legitimate
or
illegitimate),
ascendant/descendant
(legitimate) or spouse

247

DEATH OR PHYSICAL
INJURIES INFLICTED IN
EXCEPTIONAL
CIRCUMSTANCES

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This involves killing under very


definite circumstances, such as a
(1) man killing his wife and/or
paramour caught in the act of

NOTES
the relationship of the
offender
with
the
victim is the essential
element of parricide
the child should NOT
be less than 3 years old
the spouse must be
legitimate
relationship must be
alleged
parricide
may
be
committed by reckless
imprudence
parricide
may
be
committed by mistake
a stranger cooperating
in parricide is liable
for
murder
or
homicide
Art. 247 does NOT
define and penalize a
felony
the accused must be a

Criminal Law 2 Reviewer


intercourse with another, or (2) a
parent who kills his daughter
and/or seducer in the act of
intercourse.

248

MURDER

Murder is the unlawful killing of


any person which is NOT
parricide or infanticide, provided
that any of these circumstances
are present: (cf. Art. 14, RPC)

1.
2.
3.

4.
1.
2.
3.

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treachery
in consideration of a
price, reward or promise
by means of inundation,
fire, poison, explosion,
shipwreck, stranding of a
vessel, derailment of a
locomotive, fall of an

a person was killed


accused killed him
killing was attended by
any of the qualifying
circumstances in Art. 248
killing is NOT parricide
or infanticide

52

legally married
the wife is entitled to
the benefits of Art. 247
applicable
ONLY
when the accused sees
his spouse/daughter
in the act of sexual
intercourse
NO criminal liability
for
inflicting
less
serious/light physical
injuries
NOT applicable to
person who consented
to the infidelity of the
spouse
destierro
NOT
intended as a penalty
murder will exist with
only one of the
circumstances present
when
other
circumstances
are
absorbed or included
in
one
qualifying
circumstance,
they
cannot be considered
as generic aggravating
any of the qualifying
circumstances must be
alleged
in
the
information

Criminal Law 2 Reviewer

4.
5.
6.

airship, by means of
motor vehicles, or any
other artifice involving
great waste or ruin,
occasion of a calamity
evident premeditation
cruelty, or outraging or
scoffing at his person or
corpse

249

HOMICIDE

Homicide is the unlawful killing


of any person, which is neither
parricide, murder nor infanticide.

1.
2.

3.

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a person was killed


accused killed him without
any
justifying
circumstance
accused had intention to
kill

53

killing a child of
tender years is murder
treachery
and
premeditation
are
inherent in murder by
poison
treachery is employing
means, methods and
forms of attack to
insure impunity
cruelty
is
present
when other injuries are
inflicted deliberately
by the offender which
are NOT necessary for
killing him
evident premeditation
is present when (1) the
offender
was
determined to kill the
victim, (2) clung to his
determination, and (3)
a sufficient lapse of
time
between
the
determination
and
execution of the killing
RP
becomes
the
penalty for killing a
victim < 12 years old
intent
to
kill
is
conclusively presumed
when death result

Criminal Law 2 Reviewer


4.

killing was NOT attended


by any of the qualifying
circumstances of murder,
infanticide or parricide

251

DEATH CAUSED BY A
TUMULTUOUS AFFRAY

This crime involves killing a


person as a result of an
assault/attack participated by
several persons, such as brawls
and free-for-alls.

1.
2.

3.
4.
5.

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several persons
they did NOT compose
groups organized for a
common
purpose
of
assaulting or attacking
each other
quarrel in a tumultuous
and confused manner
someone was killed
cannot be ascertained
who actually killed the
deceased

54

evidence of intent is
important only in
attempted
or
frustrated homicide
the killing must NOT
be justified (cf. Art. 11,
RPC)
use of an unlicensed
firearm
is
an
aggravating
circumstance
in
homicide
in all crimes against
persons where the
victims death is an
element of the offense,
there must be evidence
of (1) fact of death, and
(2) identity of the
victim
tumultuous
affray
exists when at least 4
persons took part
NO tumultuous affray
when there are 2
identified groups of
men

Criminal Law 2 Reviewer


6.

252

PHYSICAL INJURIES
INFLICTED IN A
TUMULTUOUS AFFRAY

This crime has the same concept


as the previous Article, but only
has physical injuries as a result.

1.
2.

3.
4.

253

GIVING ASSISTANCE TO
SUICIDE

254

DISCHARGE OF
FIREARMS

This crime involves acts such as


(1) helping another to commit
suicide, whether consummated
or not, or (2) lending assistance to
the extent of doing the killing.
This crime involves shooting a
person without any intent to kill
or injure.

1.

1.

2.

persons who inflicted


serious physical injuries
or used violence can be
identified
tumultuous affray
participant/s
suffered
serious/less
serious
physical injuries
person responsible cannot
be identified
those who have used
violence
against
the
offended party are known
offender does any of the
acts in the definition

offender discharges a
firearm against or at
another person
offender has NO intention
to kill that person

penalty is one degree


lower than that for the
physical
injury
inflicted

a person who attempts


to commit suicide is
NOT criminally liable

discharge towards the


house of the victim is
NOT illegal discharge
of firearm
discharge of firearms
may be complexed
with serious or less
serious
physical
injuries
if the offender initially
aimed the firearm at
the offended party, the
crime is still discharge
of firearms even if the

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Patrick Alcantara (UP Law E2015)

55

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56

gun was not pointed at


the latter when it was
fired
255

INFANTICIDE

This crime involves the killing of


a child 3 days or younger.

1.
2.
3.

a child was killed


deceased child was 3 days
of age or younger
accused killed the said child

256

INTENTIONAL
ABORTION

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This involves killing a fetus from


a mothers womb through
violence or other means.

Unintentional Abortion:
1. a pregnant woman
2. violence was used upon a
pregnant woman without

the
penalty
for
infanticide must be
taken from murder or
parricide, depending
on the circumstances
of the case
concealing dishonor is
NOT an element of
infanticide
only the mother and
maternal grandparents
of the child are entitled
to
the
mitigating
circumstance
of
concealing dishonor
a mother who claims
concealing
dishonor
must be of good
reputation
there is NO crime of
infanticide where the
child was born dead,
or could not sustain an
independent life when
killed
abortion:
willful
killing of the fetus, or
its violent expulsion
resulting to its death

Criminal Law 2 Reviewer

3.
4.

257

UNINTENTIONAL
ABORTION

258

ABORTION BY THE
WOMAN HERSELF

259

ABORTION BY A
PHYSICIAN

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This crime is similar to the


previous
Article,
but
the
expulsion of the fetus must not be
intended by the offender.
This is an abortion inflicted by
the pregnant woman herself.

This is an abortion inflicted by


physicians and other medical
professionals.

intending an abortion
violence was intentionally
exerted
the fetus dies as a result of
the violence

Intentional Abortion:
1. a pregnant woman
2. violence is exerted, or drugs
or beverages administered
3. fetus dies as a result
4. abortion is intended
cf. Art. 256 (1), RPC

1.

pregnant woman suffered


an abortion
2. abortion is intended
3. abortion is caused by: (1)
pregnant woman herself, (2)
any other person, with her
consent, (3) any of her
parents, with her consent
for
the
purpose
of
concealing her dishonor
Physician/Midwife:
1. pregnant woman suffered
an abortion
2. abortion is intended
3. offender, who is a physician
or midwife, causes/assists

57

unintentional abortion
may be committed
through imprudence
unintentional
homicide
may
be
complexed
with
homicide
fetus may be over or
less than 6 months old

unintentional abortion
may be complexed
with parricide

liability
of
the
pregnant woman is
mitigated when the
purpose is to conceal
dishonor
(NO
mitigation
for
the
womans parents for
the same purpose)

Criminal Law 2 Reviewer


in the abortion
offenders took advantage of
their scientific knowledge

4.

260

DUEL

261

CHALLENGING TO A
DUEL

262

MUTILATION

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This crime involves formal or


regular
combat
previously
concerted between 2 parties. The
acts punished in this crime are:
(1) killing ones adversary, (2)
inflicting physical injuries, (3)
taking part in combat.
The acts punished in this crime
are: (1) challenging another to a
duel, (2) inciting another to give
or accept a challenge for a duel,
or (3) scoffing at or decrying
another for having refused to
accept a challenge to fight at a
duel.
This crime involves lopping off or
clipping off of some part of the
body (eg. legs, arms). There are
two kinds: (1) intentionally
depriving one of a reproductive
organ or (2) any other organ/part
of the body.

58

Pharmacist:
1. offender is a pharmacist
2. NO proper prescription
from a physician
3. offender dispenses any
abortive
1. offender does the act
described in the definition

duel: formal or regular


combat
previously
concerted between 2
parties
persons liable are the
(1) combatants and the
(2) seconds

1. offender does any the acts


described in the definition

persons liable are the


(1) challenger and (2)
instigators

1.
2.

RP as the penalty
when the victim is
under 12 years old

mutilation occurred
deliberate and purposeful
manner

Criminal Law 2 Reviewer


263

SERIOUS PHYSICAL
INJURIES

This crime involves wounding,


beating or assaulting another
which results in grave or lifethreatening injuries. It may also
be caused by administering
injurious substances.

1.

offender commits any of


the acts in the definition

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Patrick Alcantara (UP Law E2015)

59

serious
physical
injuries occurs when a
person (1) becomes
insane,
imbecile,
impotent or blind, (2)
loses use of speech,
power to hear or smell,
loses an eye, hand,
foot, arm or leg, or
becomes incapacitated,
(3) becomes deformed,
loses
any
other
member of his body,
loses the use thereof,
or becomes ill or
incapacitated > 90
days, (4) becomes ill or
incapacitated [30 days
< number of days < 90
days]
NO intent to kill
on impotence: victim
must NOT be able to
procreate
loss of BOTH eyes
[Art. 263 (1)], loss of
ONE eye [Art. 263 (2)]
loss of use of hand or
incapacity for usual
work
must
be
permanent [Art. 263
(2)]

Criminal Law 2 Reviewer

264

ADMINISTERING
INJURIOUS SUBSTANCES

This crime is similar to Art. 263,


but it is committed by giving
harmful beverages or substances
to the victim.

1.
2.

3.
265

LESS SERIOUS PHYSICAL


INJURIES

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This crime is committed by


inflicting
injuries
that
incapacitate the victim for more
than 10 days, but less than 30
days.

offender inflicted serious


physical injury
knowingly
administering
any injurious substances or
beverages
NO intent to kill

60

on deformity: physical
ugliness, permanent,
definite, conspicuous
and
visible
abnormality
must
result
loss of teeth may be
considered
as
a
deformity
medical attendance is
NOT important in
serious
physical
injuries
qualified
serious
physical
injuries:
attendance of any
circumstance inherent
in parricide (Art. 246)
or murder (Art. 248)
frustrated
murder
occurs when there is
intent to kill
Art. 264 does NOT
apply
when
less
serious
or slight
physical injuries result
medical
attendance
and
incapacity
is
required in less serious
physical injuries
less serious physical
injuries are qualified

Criminal Law 2 Reviewer

61

when: (1) there is


intent to insult or
offend the person, or
there
are
circumstances adding
ignominy,
(2)
the
victim is a person in
authority
266

SLIGHT PHYSICAL
INJURIES

This crime involves injuries that


incapacitate the victim for 10
days or less.

266-A

RAPE

Rape is having carnal knowledge


of a woman without her consent.

Elements of Rape, Art. 266-A(1):


1. offender is a man
2. offender had carnal
knowledge
with
a
woman
3. act is accomplished
under any of the
following
circumstances: (1) force
or intimidation, (2)
woman is deprived of
reason or unconscious,
(3)
fraudulent
machination or grave
abuse of authority, (4)
woman is under 12 or
demented

when there is NO
evidence of actual
injury = slight physical
injuries

penetration of the labia


is essential to establish
rape
only one of the
circumstances
is
sufficient to establish
rape
force
employed
against rape victim
need
NOT
be
irresistible
resistance when futile
does NOT amount to
consent
moral ascendancy or
influence
may
substitute for physical
force or intimidation
rape may be proven by
uncorroborated

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

Criminal Law 2 Reviewer

Elements of Rape, Art. 266-A(2):


1. offender commits an act
of sexual assault
2. committed by any of
the following means: (1)
inserting the penis into
the mouth or anus, (2)
inserting
any
instrument or object
into the genitals or anus
3. act is accomplished
under any of the
following
circumstances: (1) force
or intimidation, (2)
woman is deprived of
reason or unconscious,
(3)
fraudulent
machination or grave
abuse of authority, (4)
woman is under 12 or
demented

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62

testimony of a woman
penetration of the labia
consummates rape
NO crime of frustrated
rape being a crime of
result
resignation
to
consummated act is
NOT consent
2 or more offenders
who rape a victim will
be liable for multiple
counts of rape, with
one count for every act
of sexual intercourse
rape is qualified under
the following cases: (1)
homicide, (2) victim is
< 18 and offender is a
relative within the 3rd
civil degree, (3) victim
is under custody of the
police
or
military
authorities, (4) rape is
committed in full view
of relatives within the
3rd civil degree, (5)
victim is a religious,
(6) victim is a child < 7
years old, (7) offender
knows he has HIV, (8)
offender is a member

Criminal Law 2 Reviewer

of the AFP, PNP, (9)


victim has suffered
permanent
physical
mutilation
or
disability,
(10)
offender knew of the
victims
pregnancy,
(11) offender knew of
the victims mental
disability
rape with homicide is
a special complex
crime
marriage extinguishes
the penal action (Art.
266-C, RPC)

RA 9262: Anti-Violence Against Women and Children Act of 2004


The Anti-VAWC Act penalizes the following kinds of abuse:
1. physical violence
2. sexual violence
3. psychological violence
4. economic abuse
Acts of Violence:
1. causing physical harm to a woman or her child
2. threatening to cause the woman or her child physical harm
3. attempting to cause the woman or her child physical harm
4. placing the woman or her child in fear of imminent physical harm
5. compulsion/restriction of the woman or her child
6. inflicting or threatening to inflict physical harm on oneself for the purpose of controlling a womans actions or decisions
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Patrick Alcantara (UP Law E2015)

63

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7.
8.
9.

64

sexual activity (which does NOT constitute rape) through force, threat, intimidation
engaging in purposeful, knowing or reckless conduct that causes substantial distress
causing mental and emotional anguish, public ridicule or humiliation

TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY


This Title punishes acts that infringe upon the freedom of movement by individuals.
ARTICLE
267

FELONY
KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION

DEFINITION
Kidnapping involves detaining
another person and depriving
him of his liberty.

1.
2.

3.
4.

ELEMENTS
offender is a private
individual
offender kidnaps or detains
another, or deprives the
victim of his liberty
act
of
detention
or
kidnapping is illegal
any of the circumstances is
present: (1) kidnapping or
detention last > 3 days, (2)
simulating public authority,
(3) serious physical injuries
are inflicted or threats to kill
the victim are made, (4)
person kidnapped is a
minor, female or a public
officer

NOTES

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

if the offender is a
public official, crime is
arbitrary
detention
(Art. 124, RPC)
ransom: money, price
or
consideration
demanded
intention to deprive
the victim of his liberty
for extorting ransom is
essential
in
kidnapping
actual demand for
ransom
NOT
necessary
detention or locking
up of the victim is
essential
restraint need NOT be
permanent
kidnapping may be
complexed
with
murder
maximum penalty is

Criminal Law 2 Reviewer

268

SLIGHT ILLEGAL
DETENTION

Slight illegal detention involves


the deprivation of liberty which
occurs without the attendance of
the circumstances under Art. 267.

1.
2.
3.
4.

269

UNLAWFUL ARREST

Unlawful
arrest
involves
capturing a person and detaining
another
without
reasonable
ground.

1.
2.

3.

270

KIDNAPPING AND

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This crime involves persons who

1.

offender is a private
individual
offender kidnaps or detains
another
act of kidnapping or
detention is illegal
crime is committed without
the attendance of any of the
circumstances in Art. 267

offender arrests or detains


another person
purpose is to deliver said
person to the proper
authorities
arrest or detention is NOT
authorized by law or there
is NO reasonable ground

offender is entrusted with

65

imposed when: (1)


purpose of kidnapping
or detention is to
extort ransom, (2)
victim is killed or dies,
(3) victim is raped, (4)
victim is tortured
NO complex crime of
illegal detention with
rape
a
person
who
furnished a place for
the commission of the
crime is liable as an
accomplice
privileged mitigating
circumstances:
(1)
voluntary
release
within 3 days, (2) nonattainment
of
the
purpose, (3) liability is
mitigated
before
criminal proceedings
offender may be a
public official or a
private individual
NO unlawful arrest if
there is a warrant
NO
period
for
detention specified for
Art. 269
minor is defined as

Criminal Law 2 Reviewer


FAILURE TO RETURN A
MINOR

271

INDUCING A MINOR TO
ABANDON HIS HOME

are entrusted with the care of a


minor and fail to send back the
latter to their parents or
guardians.
This crime involves persons who
convince minors to leave their
homes.

2.

1.
2.

the custody of a minor


deliberate failure to return
the minor

minor is living with parents


or guardians
offender induces minor to
abandon such home

272

SLAVERY

Slavery consists of using a human


being
for
servitude
or
illegal/immoral traffic.

273

CHILD LABOR

This crime involves using minors


for servitude.

274

SERVICES IN PAYMENT
OF DEBTS

This crime involves forcing a


person into servitude in order to
pay his debts.

275

ABANDONMENT

Abandonment consists of not


aiding a person in danger or a
person who was victimized by

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Patrick Alcantara (UP Law E2015)

1.

2.
1.
2.
3.
1.
2.
3.
1.
2.

offender purchases, sells,


kidnaps or detains a human
being
purpose to enslave
offender retains a minor
against the minors will
pretext of reimbursing debt
compulsion of debtor
against the debtors will
purpose to require or
enforce payment of debts
uninhabited area
accused found a person
wounded or in danger or

66

someone 21 years old


and below
AM as penalty for
mother/father
who
commits this crime
inducement must be
actual, with criminal
intent and will to
cause damage
act of inducement
constitutes the crime
if the minor leaves out
of his free will, the
offender
is
NOT
criminally liable
the minors father or
mother may be liable
under Arts. 270-271

qualifying
circumstance:
illicit/immoral traffic

indebtedness is NOT a
ground for detention

Art. 275 is NOT


applicable
if
one
intentionally wounded

Criminal Law 2 Reviewer


ones own act or omission.
3.

276

ABANDONING A MINOR

This crime involves leaving a


child helpless when one has his
custody.

4.
1.
2.
3.
4.

dying
accused can render help
without danger to himself
failure to render assistance
offender has custody of a
child
child < 7 years of age
abandoning such child
NO intent to kill the child

another

277

ABANDONMENT OF A
MINOR, INDIFFERENCE
OF PARENTS

This crime involves delivering a


minor to a public institution or
other persons, or neglecting
children.

Abandonment:
1. offender has charge of
rearing/educating
the
minor
2. offender delivers minor
3. one entrusted to does
NOT have consent
Indifference of Parents:
1. offender is a parent
2. neglect of child
3. station in life require
such education and the
financial
condition
permits it

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67

intent to kill cannot be


presumed from death
of the child
permanent, conscious
and
deliberate
abandonment
is
required in Art. 276
qualifying
circumstances:
(1)
death of the minor
results, (2) when life of
the
minor
was
threatened as a result
minor contemplated in
Art. 277 must be < 21
years of age

Criminal Law 2 Reviewer


278

280

EXPLOITATION OF
MINORS

TRESPASS TO DWELLING

Exploitation consists of making


the child perform dangerous and
life-threatening acts, as well as
subjecting him to labor, such as
(1) performing dangerous feats,
(2) employing children in the
circus, (3) dangerous exhibitions,
ie. contortion, etc., (4) delivering
to vagrants or beggars, (5)
inducing a child to abandon his
home to follow such callings.

1.

Trespass to dwelling involves


entering
anothers
residence
without the residents consent.

1.
2.

offender makes the child


perform any of the acts
enumerated
in
the
definition

3.

offender is a private person


offender enters the dwelling
of another
entrance is against the
latters will

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68

qualifying
circumstance:
consideration of any
price, compensation or
promise
offender
shall
be
deprived of parental
authority
or
guardianship
exploitation of minor
must refer to act
endangering the life
and safety of the
minor
violence
or
intimidation qualifies
the offense
dwelling: a building or
structure devoted for
rest and comfort
entrance
must
be
against presumed or
express prohibition of
the occupant
opposition from the
resident
may
be
present in trespass to
dwelling
entering late at night is
presumed to be a
trespass
prohibition is implied

Criminal Law 2 Reviewer

281

OTHER FORMS OF
TRESPASS

This crime involves other acts of


entering closed premises or
fenced estates.

1.
2.
3.
4.

282

GRAVE THREATS

This crime involves intimidating


another person with threats of
harm amounting to a crime.

1.

2.
3.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

offender
enters
closed
premises or fenced estate
uninhabited
prohibition to enter is
manifest
no permission from owner
or caretaker
threats with the infliction of
harm upon ones person,
honor or property (or to his
family)
without
attaining
the
purpose
threat NOT being subject to
a condition

69

in entrance through a
window
prohibition must be in
existence prior to or at
time of entrance
trespass
may
be
committed by
the
owner of the dwelling
in relation to entering
against the will of an
actual occupant
if there is NO overt act
of
the
crime
committed, crime is
only
trespass
to
dwelling

threats are absorbed if


they are incidental to
another felony
threats
are
declarations of future
harm and of imminent
quality
if
purpose
was
attained, punishment

Criminal Law 2 Reviewer

283

LIGHT THREATS

This crime involves intimidating


another person with threats of
harm NOT amounting to a crime.

1.
2.
3.
4.

285

OTHER LIGHT THREATS

286

GRAVE COERCIONS

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

This crime consists of other


threatening
or
intimidating
behavior, such as (1) drawing a
weapon, (2) oral threats in the
heat of anger, (3) oral threats
NOT constituting a felony
Grave coercions involve using
violence or intimidation to
prevent
someone
to
do

1.

1.

70

is 1 degree lower for


crime threatened
if purpose was NOT
attained, punishment
is 2 degrees lower for
crime threatened
qualifying
circumstances: threats
(1) in writing, (2)
through a middleman
grave
threats
are
consummated as soon
as threats come into
the
persons
knowledge

offender makes a threat to


commit a wrong
wrong does NOT constitute
a crime
demand for money or other
condition
offender attains/does NOT
attain his purpose
offender does any of the
acts enumerated in the
definition

blackmailing may be
punished under Art.
283

threats
which
are
ordinarily
grave
threats may be other
light threats in the heat
of anger

prevention of an act NOT


against
the
law/compulsion to do an

the act of preventing


must be made when
the party was doing or

Criminal Law 2 Reviewer


something not prohibited by law
or compelling another to do
something against his will,
whether it be right or wrong.

2.
3.

act, whether right or


wrong
violence,
threats
or
intimidation
NO authority or exercise
of a lawful right

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Patrick Alcantara (UP Law E2015)

71

about to do the act


if a creditor seized
debtors property by
force, the crime is light
coercion
NO intimidation by
display of force if arms
are NOT used
a
notoriously
threatening attitude is
sufficient
force or violence must
be immediate, actual
or imminent
NO grave coercion
when the accused acts
in good faith
coercion
is
consummated even if
the offended party did
NOT accede to the
purpose
of
the
coercion
PM shall be imposed
in
the
following
coercions: (1) violating
the right to suffrage,
(2)
compelling
to
perform a religious
act, (3) compelling to
prevent a religious act

Criminal Law 2 Reviewer


287

LIGHT COERCIONS

Light
coercions
involve
a
creditors forcible seizure of the
debtors property.

1.
2.
3.

4.

offender must be a creditor


offender seizes anything
belonging to his debtor
seizure
by
means
of
violence or display of
material force
purpose to pay a debt

288

OTHER SIMILAR
COERCIONS

Other similar coercions involve


acts such as forcing/compelling
one to purchase merchandise or
paying wages by means of tokens
or objects.

Art. 288 (1):


1. offender is any person,
agent,
officer
of
any
association or corporation
2. has employed laborers or
employees
3. force or compulsion
Art. 288 (2)
1. payment through tokens or
objects
2. tokens or objects are other
than legal tender
3. employee or laborer does
NOT expressly request it

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72

offender must be a
creditor, NOT just a
co-owner
taking
possession
through deceit and
misrepresentation
is
unjust vexation
NO need for actual
physical violence
unjust
vexation:
human conduct that
unjustly annoys or
vexes an innocent
person
NO
violence
or
intimidation in unjust
vexation

Criminal Law 2 Reviewer

289

FORMATION,
MAINTENANCE AND
PROHIBITION OF
COMBINATION OF
CAPITAL OR LABOR

This crime involves acts the


prevent persons from putting
together capital or labor.

1.
2.

290

DISCOVERING SECRETS
THROUGH
CORRESPONDENCE

This crime involves the seizure


of papers and disclosing the
contents thereof.

1.

2.
3.
4.

291

REVEALING SECRETS
WITH ABUSE OF OFFICE

This crime consists of disclosing


secrets known in ones official
capacity.

1.
2.
3.

292

REVEALING OF
INDUSTRIAL SECRETS

This crime consists of disclosing


secrets known in business.

1.

2.
3.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

violence or threats
purpose
to
organize,
maintain
or
prevent
coalitions
of
capital/labor,
strike/lockout
private individual or
public officer NOT in the
exercise of his functions
seizure
of
anothers
papers
purpose
to
discover
secrets
offender is informed of
the contents of the papers
seized
offender is a manager,
employee or servant
offender learned secrets in
such capacity
offender reveals such
secrets
offender is a person in
charge,
employee
or
workman
offender learned a secret
in such industry
offender reveals such
secrets

73

seize: to place in
control of someone, to
give him possession
contents
must
be
known to the offender
revealing the secret to
a third person qualifies
the offense

damage
is
NOT
necessary in this article

secrets must relate to


manufacturing
processes
the revelation of the
secret might be made
after termination or
separation with the
establishment

Criminal Law 2 Reviewer

74

TITLE X: CRIMES AGAINST PROPERTY


This Title punishes acts that endanger the security of property held by individuals.
ARTICLE
294

FELONY
ROBBERY WITH
VIOLENCE OR
INTIMIDATION OF
PERSONS

DEFINITION
Robbery is defined with the
taking of anothers personal
property, with intent to gain, by
means of violence against or
intimidation of any person, or
using force upon anything.
(Note: Arts. 297-302 define robbery
in its different stages of commission
OR
its
different
attendant
circumstances.)

1.
2.
3.
4.

ELEMENTS
personal
property
belonging to another
unlawful taking of such
property
intent to gain
violence
against
or
intimidation
of
any
person or force upon
anything

NOTES

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

prohibited
articles
may be the subject
matter of robbery
possession of stolen
property is sufficient
to constitute robbery
taking must be against
the owners will
intent to gain (animus
lucrandi)
presumed
from unlawful taking
violence
or
intimidation must be
against the offended
party, NOT upon the
thing taken
intimidation
need
NOT be the threat of
bodily harm
violence
or
intimidation must be
present before the
taking of the personal
property is complete
robbery
may
be
complexed with (1)
homicide, (2) rape, (3)

Criminal Law 2 Reviewer

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Patrick Alcantara (UP Law E2015)

75

intentional mutilation,
(4) serious physical
injuries
taking of personal
property need NOT be
immediately after the
intimidation
RA
7659,
which
amended RA 6539,
penalizes carnapping
with heavier penalties
in order to appreciate
robbery as a special
complex crime, the
other felony (ie. rape)
must occur on the
occasion or by reason
of the robbery
homicide
contemplated in Art.
294 is generic killing
all
homicides
are
merged into one count
of
robbery
with
homicide
treachery inherent in
murder becomes a
generic
aggravating
circumstance
(NO
such thing as robbery
with murder!)
in
robbery
with

Criminal Law 2 Reviewer

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Patrick Alcantara (UP Law E2015)

76

homicide, the intent to


gain must precede the
killing
homicide may precede
or occur after the
robbery
robbery with homicide
may be committed: (1)
to
eliminate
an
obstacle, (2) to remove
opposition
or
to
suppress evidence, (3)
to defend possession
of stolen goods, (4) to
escape
after
the
commission of the
robbery, (5) to kill corobbers, (6) if death
supervened by mere
accident
ALL who participated
as
principals
in
robbery are also liable
as
principals
in
robbery with homicide
NO crime of robbery
with attempted rape
additional rapes DO
NOT
increase
the
penalty
when
rape
and
homicide co-exist in

Criminal Law 2 Reviewer

77

robbery, rape becomes


aggravating
297

ATTEMPTED AND
FRUSTRATED ROBBERY

cf. definition in Art. 296

cf. general elements in Art. 296

298

EXECUTION OF DEEDS
BY VIOLENCE OR
INTIMIDATION

cf. definition in Art. 296

1.
2.

3.
299

ROBBERY IN AN
INHABITED HOUSE,
PUBLIC BUILDING,
EDIFICE FOR WORSHIP

cf. definition in Art. 296

1.

2.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

intent
to
defraud
another
offender
compels
another to sign, execute
or deliver any public
instrument
or
document
compulsion via violence
or intimidation
offender entered (1) an
inhabited place, (2)
public building, (3)
edifice
devoted
to
religious worship
entrance was effected
by any of the following
means: (1) openings not

penalty is the same for


attempted
and
frustrated
robbery
with homicide unless
qualified by treachery
or relationship
Art. 294 and 297
(robbery
with
homicide,
attempted/frustrated
robbery
with
homicide) are special
complex crimes

NOT applicable
void documents

there must be a clear


intention
to
take
personal
property
belonging to another
inhabited
house:
shelter, ship or vessel,
dwelling of 1 or more
persons

to

Criminal Law 2 Reviewer

3.

302

ROBBERY IN AN
UNINHABITED PLACE

cf. definition in Art. 296

1.

2.

3.
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)

intended for entrance or


egress, (2) breaking any
wall, roof, floor, door or
window, (3) false keys,
picklocks, (4) fictitious
name or pretending the
exercise
of
public
authority
offender took personal
property with intent to
gain

offender entered an
uninhabited place or
building
any of the following
circumstances
are
present: (1) openings
not
intended
for
entrance or egress, (2)
breaking any wall, roof,
floor, door or window,
(3) false keys, picklocks,
(4) door, wardrobe,
chest or any sealed or
closed furniture was
broken,
(5)
closed/sealed
receptacle
was
removed, even if the
same was broken open
elsewhere
intent to gain personal

78

public
building:
building owned, used,
rented
by
the
Government
any of the 4 means
must be used to enter,
NOT get out
the whole body of the
culprit must be inside
the
building
to
constitute entering
breaking padlock is
force upon things
higher penalties for
taking mail matter or
large cattle
lower
penalty
for
taking cereals, fruits or
firewood (Art. 303,
RPC)

Criminal Law 2 Reviewer

304

POSSESSION OF
PICKLOCKS

This crime includes unauthorized


ownership of picklocks and tools
commonly used to break locks.

306

BRIGANDAGE

Brigandage is a crime committed


by >3 armed persons who form a
band of robbers for the purpose
of committing robbery in the
highway or kidnapping person
for the purpose of extortion.

307

AIDING AND ABETTING


BRIGANDS

Aiding and abetting brigands are


acts that help or protect such
elements.

308

THEFT

Theft is taking personal property


of another, with intent to gain,
but without violence against or
intimidation of persons nor force
upon things.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

property belonging to
another
1. possession of picklocks and
similar tools
2. specially adopted for the
purpose of robbery
3. NO lawful cause for such
possession
1. at least 4 armed persons
2. forming a band of robbers
3. purpose:
(1)
highway
robbery, (2) kidnapping for
ransom, (3) other purposes
attained by means of force
or violence
1.
2.

band of brigands
offender knows the band
to be brigands
3. any of the following acts:
(1) aids, abets or protects
them, (2) gives them
information
of
the
movements of the police
or
Government,
(3)
acquires
or
receives
property taken by such
brigands.
1. taking of personal property
2. property belongs to another
3. taking with intent to gain
4. taking without consent
5. taking
accomplished

79

if any member of a
group
carries
an
unlicensed firearm, the
law
presumes
brigandage
highways include city
streets

PD
532
brigandage

theft is consummated
when full possession is
complete
sufficient gain may be
derived
from

penalizes

Criminal Law 2 Reviewer

(Note: Arts. 310-311 define theft in


its
different
attendant
circumstances.)

without
intimidation,
things

violence,
force upon

310

QUALIFIED THEFT

cf. definition in Art. 309; theft is


qualified when it is done in abuse
of confidence or certain items are
stolen (mail matter, large cattle,
etc.)

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

80

borrowing a thing
without permission
actual or real gain,
NOT necessary in theft
failure to deliver lost
property is also theft
presumption of theft
in the possession of
stolen property
PD
581
penalizes
highgrading or theft of
gold ores or goldbearing rocks
PD 401 penalizes the
use of tampered water
or electrical meters
theft
is
NOT
a
continuing offense
the
abuse
of
confidence must be
grave
theft by housemate is
NOT always qualified
theft by laborer is NOT
qualified theft
theft of any material or
spare
part
by
employees is qualified
PD 533 penalizes cattle
rustling
PD 1612 penalizes
fencing or profiting

Criminal Law 2 Reviewer

81

from stolen property


311

THEFT OF THE
NATIONAL LIBRARY
AND MUSEUM

312

OCCUPATION OF REAL
PROPERTY

This crime involves taking


possession of or usurping real
property rights.

1.

2.
3.

313

314

ALTERING BOUNDARIES
OR LANDMARKS
FRAUDULENT
INSOLVENCY

This crime involves changing


boundaries or landmarks of
towns, provinces and estates.
This crime involves absconding
with ones property to the
prejudice of ones creditors.

4.
1.
2.
1.
2.
3.

315

ESTAFA

theft of property from


the National Library
and Museum has a
fixed
penalty
regardless of value

offender takes possession of


real property or usurps real
property rights
such belong to another
violence/intimidation
against persons is used
intent to gain
boundary
marks
or
monuments
altering of said landmarks
offender is a debtor
offender absconds with his
property
prejudice to ones creditors

there is ONLY civil


liability in the absence
of
violence
or
intimidation

actual prejudice is
necessary
real property may be
involved

offender defrauded another


(1) by abuse of confidence,
(2) by means of deceit
pecuniary damage

cf. definition in Art. 309

Estafa involves defrauding or


swindling
another
of
his
property.

1.

2.
(Note: Arts. 316-318 define estafa in
its
different
attendant
circumstances.)

(Note: The Notes on the right


elaborate on the different elements of
specific acts of estafa.)

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

deceit
NOT
an
essential requisite in
estafa with abuse of
confidence
elements of estafa with
unfaithfulness:
(1)
onerous obligation, (2)
altering
substance,
quantity or quality, (3)
damage or prejudice to
another
elements of estafa with

Criminal Law 2 Reviewer

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Patrick Alcantara (UP Law E2015)

82

abuse of confidence:
(1) money, goods or
other
personal
property received by
the offender in trust,
administration
or
commission,
(2)
misappropriation
or
conversion of such, (3)
prejudice to another,
(4) demand made by
the offended party to
the offender
criminal liability for
estafa NOT affected by
novation of contract
elements of estafa by
taking
undue
advantage
of
the
signature in blank: (1)
paper with signature
in blank, (2) offended
party delivered such to
the offender, (3) above
the
signature,
a
document was written
without consent, (4)
document creates a
liability
or
causes
damage
elements of estafa by
means of deceit: (1)

Criminal Law 2 Reviewer

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

83

false
pretense,
fraudulent
act
or
means, (2) executed
prior
to
or
simultaneously with
the commission of the
fraud, (3) offended
party relied on such
false pretense, etc., (4)
damage
to
the
offended party
elements of estafa by
postdating a check: (1)
postdated check, or a
check in payment of
an
obligation,
(2)
postdating a check
with NO funds in the
bank or insufficient
funds
BP
22
penalizes
issuing
bouncing
checks [Elements: (1)
issuance of check, (2)
issued to apply on
account or for value,
(3) person who issues
such check knows that
he does NOT have
sufficient funds, (4)
check is dishonored
elements of estafa by

Criminal Law 2 Reviewer

316

OTHER FORMS OF
ESTAFA

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

cf. definition in Art. 315

1.
2.

Art. 316 (1):


immovable thing

84

obtaining
food
or
accommodation:
(1)
obtaining
food
or
accommodation,
(2)
obtaining credit by
false
pretense,
(3)
abandoning
or
surreptitiously
removing
part
of
baggage
without
paying
elements of estafa by
inducing to sign a
document: (1) offender
induced another to
sign a document, (2)
deceit, (3) offended
party
personally
signed the document,
(4) prejudice be caused
elements of estafa by
removing, concealing
or
destroying
documents:
(1)
documents or other
papers, (2) offender
removed, concealed or
destroyed any of them,
(3) offender had intent
to defraud another

Criminal Law 2 Reviewer


3.
4.
5.

representation as owner
execution of an act of
ownership
prejudice to a third person

Art. 316 (2):


1. real property
2. knowledge of encumbrance
3. express representation that
said property was free from
encumbrance
4. damage to another
Art. 316 (3):
1. offender is owner of
personal property
2. lawful
possession
of
another
3. wrongful taking
4. prejudice to the possessor
or third person
Art. 316 (6):
1. offender is a surety in a
bond
2. guarantee of fulfilment with
his real property
3. sells,
mortgages
or
encumbers
such
real
property
4. such acts are (1) without
express authority from the
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)

85

Criminal Law 2 Reviewer

317

SWINDLING A MINOR

cf. definition in Art. 315

1.

2.

3.

4.
318

OTHER DECEITS

319

REMOVAL, SALE OR
PLEDGE OF MORTGAGED
PROPERTY

cf. definition in Art. 315

This crime involves the violation


of the terms of the chattel
mortgage by disposing the thing
under such mortgage while it is
subsisting.

1.

2.
3.
4.

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

court, (2) made before the


cancellation of the bond, (3)
before having relieved of
his obligation
offender takes advantage of
the
inexperience
and
emotions of a minor
induces minor to (1) assume
an obligation, (2) give
release, (3) execute a
transfer of any property
right
consideration is (1) loan of
money, (2) credit, (3)
personal property
detriment of the minor

personal
property
mortgaged
under
the
Chattel Mortgage Law
offender
knows
such
property is mortgaged
removal of such mortgaged
personal property
permanent removal

86

real
property NOT
included

this
Article
contemplates such acts
like
defrauding/damaging
another through any
other deceits or by
taking advantage of
the publics credulity

chattel mortgage must


be registered
removal of mortgaged
property
must
be
coupled with intent to
defraud
chattel mortgage may
lead to estafa by

Criminal Law 2 Reviewer


5.
320-326B

ARSON

327

MALICIOUS MISCHIEF

Arson is the destruction


property by means of fire.

of

Malicious mischief is the willful


damaging of anothers property
for the sake of causing damage.

1.

2.

3.

328

SPECIAL CASES OF
MALICIOUS MISCHIEF

330

DAMAGE AND
OBSTRUCTION TO
MEANS OF
COMMUNICATION
DESTROYING PUBLIC
MONUMENTS

331

CRIMINAL LAW 2 REVIEWER


Patrick Alcantara (UP Law E2015)

NO written consent

Special cases of malicious


mischief involve (1) causing
damage
to
obstruct
the
performance of public functions,
(2) using poisonous or corrosive
substance, (3) spreading infection
or contagion among cattle, (4)
causing damage to the property
of the National Library or
Museum or to any public
property.
This crime involves impairment
of
railway,
telegraph
or
telephone lines.
This crime involves damage to
statues and other useful and
ornamental public monuments.

offender deliberately caused


damage to the property of
another
act does NOT constitute
arson or other crimes
involving destruction
act was committed merely
for the sake of damaging
property
(presupposes
motive of hate or revenge)

87

means of deceit

RA 7659 repealed Arts.


320-326B of the RPC.

if there is NO malice,
there is ONLY civil
liability

does NOT include


removing rails from
railway tracks

Criminal Law 2 Reviewer

88

PD 1613/RA 7659 (Law on Arson)


Destructive Arson:
1. burning an ammunition factory or establishment where explosives/inflammable materials are stored
2. edifice devoted to culture, education or social services
3. church or place of worship
4. train, airplane or aircraft
5. building for official proceedings
6. hospital, hotel, dormitory, lodging house, etc.
7. building in a populated or congested area
Special Aggravating Circumstances:
1. intent to gain
2. for the benefit of another
3. motivation by spite or hatred
4. commission by a syndicate (3 or more persons)
TITLE XI: CRIMES AGAINST CHASTITY
This Title punishes acts that defile the purity of women and the institution of marriage.
ARTICLE
333

FELONY
ADULTERY

DEFINITION
Adultery is sexual intercourse by
a married woman with a man
NOT her husband.

1.
2.

3.

ELEMENTS
woman is married
she has sexual intercourse
with a man NOT her
husband
man must know her to be
married

NOTES

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offended party must


be legally married to
the offender
it is NOT necessary
that a valid marriage
exists between the
husband
and
the
woman
carnal relations may
be
proved
by
circumstantial

Criminal Law 2 Reviewer

334

CONCUBINAGE

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Concubinage is the act of keeping


a mistress in the conjugal
dwelling or having sexual
intercourse with another woman
under scandalous circumstance
by a married man.

1.
2.

married man
does any of the following
acts:
(1)
keeping
a
mistress in the conjugal
dwelling,
(2)
having
sexual intercourse under
scandalous circumstances,
(3) cohabiting with a
concubine in another
place

89

evidence
each
sexual
intercourse constitutes
an act of adultery
abandonment without
justification by the
husband is only a
mitigating
circumstance
acquittal of one of the
defendants (woman &
paramour) may not
cause an acquittal for
the other
death of the paramour
will
NOT
bar
prosecution of the wife
act of intercourse with
the
wife
after
adulterous intercourse
operates as an implied
pardon
a married man is NOT
liable for concubinage
for
mere
sexual
relations
with
a
woman not his wife
NO
evidence
of
scandalous
circumstance
when
spies are employed

Criminal Law 2 Reviewer


3.
335

ACTS OF
LASCIVIOUSNESS

Acts of lasciviousness are acts of


lewdness directed upon any
person.

1.
2.
3.

woman must know man


to be married
offender commits any act
of lasciviousness
committed
against
a
person of either sex
done under any of the
following circumstances:
(1) victim is deprived of
reason or unconscious, (2)
fraudulent machination or
grave abuse of authority,
(3) offended party is < 12
years old or is demented

337

QUALIFIED SEDUCTION

Qualified seduction is sexual


intercourse with a virgin (12 yrs
old < age of virgin < 18 yrs old)
by an offender possessing moral
ascendancy over her.

1.
2.
3.
4.

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offended party is a virgin


over 12 and under 18 years
old
offender
had
sexual
intercourse with her
abuse
of
authority,
confidence or relationship

90

kissing and embracing


a woman against her
will
are
acts
of
lasciviousness
when
prompted by lust or
lewd designs
moral
compulsion
amounting
to
intimidation
is
sufficient
desistance
in
the
commission
of
attempted rape may
constitute
acts
of
lasciviousness
NO
attempted
or
frustrated
acts
of
lasciviousness
2 classes of qualified
seduction:
(1)
seduction of a virgin,
(2) seduction of a sister
or descendant
offenders
may
be
persons in authority
(eg.
teachers,
guardians), those with
confidence reposed in
them
(eg.
priest,
servant,
domestic),

Criminal Law 2 Reviewer

338

SIMPLE SEDUCTION

Simple seduction is having sexual


intercourse with a woman over
12 but under 18 years of age.

1.
2.
3.
4.

339

CONSENTED ACTS OF
LASCIVIOUSNESS

Consented acts of lasciviousness


involve acts committed by the
same persons and circumstances
as those provided in Arts. 337338.

1.
2.

3.

91

and those who abused


their relationship (eg.
brother, ascendant)
deceit NOT an element
in qualified seduction
girls consent NOT a
defense

offended party is over 12,


under 18 years of age
good reputation, single or
widow
offender
had
sexual
intercourse with her
committed by means of
deceit

offender commits acts of


lasciviousness
committed upon a woman
over 12 but under 18 years
of age
offender accomplishes the
acts by abuse of authority,
confidence, relationship or
deceit

males cannot be the


offended party in this
crime

virginity of offended
party NOT required
deceit may take the
form of unfulfilled
promise of marriage or
unfulfilled promise of
material things
NO continuing offense
of seduction

340

CORRUPTION OF
MINORS

Corruption of minors involves


facilitating the use of minors to
satisfy the lust of another.

This
provision
is
amended by BP 92 and
RA 7610.

341

WHITE SLAVE TRADE

This
provision
is
amended by BP 186.

342

FORCIBLE ABDUCTION

White slave trade involves


profiting from the prostitution of
women.
Forcible abduction consists of

married women may

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1.

abduction of a woman

Criminal Law 2 Reviewer


taking a woman against her will
and with lewd designs.

2.
3.

abduction against her will


presence of lewd designs

343

CONSENTED
ABDUCTION

Consented abduction consists of


taking a virgin over 12 and under
18 years of age with her assent
and with lewd designs.

1.
2.
3.
4.

offended party is a virgin


over 12 and under 18 years
of age
taking away must be done
with her consent
presence of lewd designs

92

be victims of forcible
abduction
chastity of woman is
immaterial
sexual intercourse is
NOT necessary in
forcible abduction
forcible abduction may
be complexed with
rape
if virgin is under 12,
crime
is
forcible
abduction
offended party need
NOT be taken from
her house
Art. 343 contemplates
an active physical
agency instrumental in
causing the female to
leave or abandon her
house
consented abduction
may be complexed
with rape

TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS


This Title punishes acts that compromise the identity of persons.
ARTICLE
347

FELONY
SIMULATION OF BIRTHS

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DEFINITION
This crime involves the loss of

ELEMENTS
Simulation of Births

NOTES
principals in simulation of

Criminal Law 2 Reviewer

348

USURPATION OF CIVIL
STATUS

civil status through the following


acts: (1) simulation of births, (2)
substituting
one
child
for
another, and (3) abandoning a
legitimate child.

1.

a woman takes the child


of another as her own

Abandoning a Legitimate
Child
1. legitimate child
2. offender
conceals
or
abandons child
3. intent for child to lose
civil status

This crime involves assuming the


filiation, parental or conjugal
rights of another by representing
oneself as another.

1.

offender does the acts in


the definition

349

BIGAMY

This crime involves contracting a


subsequent marriage, which is
otherwise lawful, while under a
subsisting marriage.

1.
2.

3.
4.

offender
is
legally
married
marriage NOT dissolved
or absent spouse NOT
presumed dead
2nd
or
subsequent
marriage
2nd
or
subsequent
marriage otherwise has
validity

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93

birth: (1) woman who


simulates birth, (2) person
who furnishes child
benefit of the child NOT a
defense

usurpation of profession is
also covered in this Article
intent to enjoy rights arising
from civil status is essential
purpose of defrauding the
offended party qualifies the
crime
first marriage must be valid
nullity of marriage is NOT
a defense in a bigamy
charge (Persons: The nullity
of marriage must be
attacked
directly,
not
collaterally.)
causes that may produce
legal
dissolution
of
marriage: (1) death, (2)
declaration of absolute
nullity, (3) annulment
defense has the burden of
proof of dissolution of first

Criminal Law 2 Reviewer

350

MARRIAGES
CONTRACTED AGAINST
PROVISIONS OF LAW

This crime involves marriages


contracted in disregard of legal
impediments.

1.
2.

offender
contracted
marriage
knowledge of: (a) noncompliance
of
legal
requirements,
(b)
marriage
was
in
disregard of a legal
impediment

94

marriage
2nd
spouse
is
NOT
necessarily
liable
for
bigamy, unless he/she has
knowledge
witness
who
falsely
vouched for the capacity of
either contracting parties is
an accomplice to bigamy
a bigamy charge does not
preclude prosecution for
concubinage
marriages contracted by
means
of
violence,
intimidation
or
fraud
qualify the offense
requisites for a valid
marriage (Art 2-3, FC): (1)
legal capacity, (2) consent
freely given, (3) authority of
solemnizing officer, (4)
marriage
license,
(5)
ceremony

351

PREMATURE
MARRIAGES

This crime involves marriages


contracted 301 days within the
legal dissolution of a previous
one.

1.

offender
contracts
marriages within 301
days after the legal
dissolution of a previous
one
due
to
death,
declaration of absolute
nullity or annulment

this
provision
covers
widows and women whose
previous marriages have
been annulled

352

PERFORMANCE OF

This crime involves solemnizing

1.

offender is a solemnizing

offender

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must

be

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ILLEGAL MARRIAGE
CEREMONY

officers
who
knowingly
authorizes marriages which are
in
disregard
of
legal
impediments.

2.

officer
offender
knowingly
solemnizes marriage in
disregard of a legal
impediment

authorized
marriages

to

95

solemnize

TITLE XIII: CRIMES AGAINST HONOR


This Title punishes acts that impugn the reputation and good name of persons.
ARTICLE
355

FELONY
LIBEL

DEFINITION
Libel is a defamation coursed
through
the
mass
media
(newspapers, radio, plays, etc.)

ELEMENTS
Elements of Defamation:
1. imputation of (a) criminal
act, (b) vice or defect, (c)
act or omission, (d)
condition,
status
or
circumstance
2. publicity
3. malice
4. directed to a person or
one who is dead
5. tendency
to
cause
dishonor, discredit or
contempt

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NOTES
libel:
public
and
malicious imputation
of a crime, vice or
defect,
real
or
imaginary, or any act,
condition, status or
circumstance tending
to
cause
the
dishonour, discredit or
contempt of a natural
or juridical person, or
to blacken the memory
of one who is dead
(Art. 353, RPC)
test of defamatory
character: constructing
words in their entirety
and in their plain
meaning
meaning of the writer

Criminal Law 2 Reviewer

356

THREAT TO PUBLISH

357

PROHIBITED
PUBLICATION

This
crime
involves
(1)
threatening another to publish a
libel, (2) offering to prevent
publication for compensation.
This
crime
involves
the
publication of acts referred in the
course of official proceedings

1.

offender does any of the


acts in the definition

1.

offender is a reporter,
editor or manager
publication of facts about
the private life of another
facts are offensive to the
honor,
virtue
and
reputation of the said

2.
3.

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96

is immaterial
publication:
communication
of
defamatory matter to
some third person or
persons
malice
must
be
proved, either in fact
(based from proof of ill
will)
or
in
law
(presumed
in
a
defamatory
imputation)
identification
of
injured party essential
EXCEPTIONS
for
defamatory
imputation: (1) private
communication in the
performance of duty,
(2) fair and true report

a source of a news
report may NOT be
revealed

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97

person
358

SLANDER

This
crime
involves
defamation of another.

oral

cf. elements of defamation

359

SLANDER BY DEED

This crime involves defamation


through acts that cast dishonor,
discredit or contempt to another.

1.

2.
3.

363

INCRIMINATING
INNOCENT PERSONS

This crime involves machinations


made against innocent persons.

1.
2.

3.
364

INTRIGUING AGAINST
HONOR

This crime involves schemes or


plots that sow intrigue upon the
character and reputation of
persons.

TITLE XIV: QUASI-OFFENSES


This Title punishes imprudence and negligence that result to material damage and injuries.
CRIMINAL LAW 2 REVIEWER
Patrick Alcantara (UP Law E2015)

1.

slander:
oral
defamation
two kinds, simple and
grave slander
need NOT be heard by
the offended party

offender performs any


act NOT included in
crimes against honor
such act is performed in
public
act
casts
dishonor,
discredit or contempt to
another

slapping the face of


another/kissing
another in public may
be slander by deed if
the intention is to
humiliate

offender performs an act


act directly incriminates
or imputes to an innocent
person the commission of
a crime
act does not constitute
perjury
offender does the acts in
the definition

limited to planting
evidence and similar
behavior

Criminal Law 2 Reviewer


ARTICLE
365

FELONY
IMPRUDENCE AND
NEGLIGENCE

DEFINITION
Imprudence and negligence are
NOT crimes in themselves; these
are ways in which crimes are
committed. Both refer to a lack of
precaution which result to
injurious consequences.

ELEMENTS
Reckless Imprudence
4. offender does or fails to
do an act
5. doing/failure to do is
voluntary
6. without malice
7. inexcusable
lack
of
precaution, taking into
consideration:
(a)
employment
or
occupation, (b) degree of
intelligence,
physical
condition,
(c)
other
circumstances regarding
persons, time and place

NOTES

Simple Imprudence
1. lack of precaution on the
part of the offender
2. damage impending to be
cause is NOT immediate
or the danger is not
clearly manifest

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98

negligent acts that cause


damage may produce civil
liability arising from crime
or an action for quasi-delict
under the Civil Code (Art.
1170, CC: culpa contractual,
Art. 2176, CC: culpa
aquiliana)
imprudence: deficiency of
action
negligence: deficiency of
perception
test of negligence involves a
reasonable foresight of
harm by a prudent person
reckless imprudence is
NOT equivalent to the
concept of force majeure,
which
refers
to
an
unforeseeable event
material
damage
must
result as a result of reckless
or simple imprudence
Art.
64
relative
to
mitigating and aggravating
circumstances
is
NOT
applicable
to
crimes
committed
through
negligence
contributory
negligence
mitigates criminal liability

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99

last clear chance: whoever


has the opportunity to
avoid the consequences of
negligence must exercise
reasonable
care
and
prudence
emergency rule: rules for
negligence are relaxed for
emergency situations
failing to lend help is a
qualifying circumstance

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