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CRIMINAL LAW REVIEW LECTURE NOTES

Justice Callejo | 4A | I-2009

DISCLAIMER: READ AT YOUR OWN RISK. Case titles and/or citations may be wrong. Other
information may be also be wrong or incomplete. For corrections and additions, inform me
ASAP.

5 July 2009
BOOK I
Art. 3
FELONY BY DOLO
Mens rea physical act / overt act
Mens reum mental act  voluntariness, intelligence
Without mental act, Art. 11 comes in
Overt act punishable by RPC in Lizada ruling preparatory acts
DELIBERATE INTENT
Intent state of the mind; a determination to do an act or omission;
purpose of the mind, including knowledge
Deliberate with malice; with knowledge that act or omission is a
crime
Presumption of Criminal Intent rebuttable
Accidental without intervention of human free will
People v. Ojeda, 430 S 436
Concurrence of intelligence, voluntariness, and intent
Act which is malicious continues up to the consummation of the crime
General or Specific Intent
General Intent presumed on acts which fall under dolo

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CG Meneses
Specific Intent lewd design, i.e., intent to gain, intent to kill;
presumed from crimes which require specific intent as an element of
the crime
Requirement for Crimes by Omission
Positive duty under the law which mandates offender to do
something, and he deliberately refuses to do such duty
Felony by omission may be committed by culpa  Art. 365 applies
i.e., misprision of treason, failure to render accounts, failure to issue
receipts, prevaricacion
MISTAKE OF FACT
People v. Ah Chong
Crime committed BUT no criminal liability
Absolutory cause
Available only in felony by DOLO because act was deliberate
There is no such defense as MISTAKE OF LAW
People v. Oanis
Crime cannot exist when the will does not concur
Negligence  no mistake of fact
MOTIVE
Not an element of the felony
Important in cases when the identity of the perpetrator is NOT clear
Also IMPORTANT WHEN THE CRIME IS POLITICAL IN NATURE
FELONY BY CULPA
Must be voluntary
Mind is free to act
Difference  act is incident to imprudence, negligence, lack of
foresight, or lack of skill
Quizon v. Justice, 97 P 342
Reckless imprudence is a distinct felony by itself

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Malum prohibitum, as element of estafa (Art. 315)

People v. Delos Santos


Culpa by Art. 3 and Art. 48

Bouncing Checks Law (BP Blg. 22)

Article 365 DOES NOT ALWAYS APPLY


i.e., Art. 217, infidelity in the custody of prisoners; frustrated felonies

Large Scale Illegal Recruitment two offenses for same delictual act

People v. Patalinghug, 318 S 116


Also, NO CONSPIRACY TO COMMIT NEGLIGENCE

Art. 4
Liability exists even if crime committed be different that that which
was intended  THE LAW IS AFTER THE RESULT

ERROR IN PERSONAE
People v. Nepomuceno, 298 S 450
Intentional felony NOT culpable felony deliberate intent or act is
inconsistent with reckless imprudence
MALA IN SE
Generally, all felonies in the RPC
Criminal intent is required
MALA PROHIBITA
Punished by special penal laws
EXCEPT when act is patently immoral, or when intended otherwise
by Congress, i.e., plunder under RA No. 7080
(Estrada v. Sandiganbayan)
What if law requires special intent?
See RA No. 8294, possession of illegal firearms lack of intent to
possess
Anti-Fencing Law lack of knowledge that item was stolen; lack of
intent to gain
People v. Comadre
RA no. 8294 amended Art. 14 of the RPC
In the crime of homicide or murder, use of unlicensed firearms an
aggravating circumstance
Trust Receipts Law (PD No. 115)

Liability FOR WHAT WAS COMMITTED, NOT WHAT WAS


INTENDED
Error in personae
Aberratio ictus
Praeter intentionem
Article 4(1) presupposes an intentional act; thus, INCONSISTENT
WITH CULPA
Proximate Cause
Presumption of knowing all natural and logical consequences of an
act
The cause of the cause of the evil caused
Implied conspiracy
Instantaneous acts
Lack of specific intent
Death presumption of INTENT TO KILL; automatic liability for
homicide

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Justice Callejo | 4A | I-2009

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CG Meneses

Art. 5

People v. Apolinar, 38 OG 2___

Administrative Circular on Bouncing Checks Law by the SC for


alternative penalties imprisonment OR fine depending on gravity of
circumstances

People v. Narvaez
Property right in relation to Art. 249 of the Civil Code, also in relation
to Art. 11 of the RPC

Libel AM No. 08-2008

Justice Callejo: one may only be justified in killing another when in


defense of property, assault is committed on the person

Brillante v. CA, 474 S 480


People v. Veneracion
People v. Parazo

DEFENSE OF RELATIVES
People v. Bates, 403 S 95
If relative being defended provoked the offended party, person
defending may invoke self-defense if he did not know of such fact

Art. 6
In crimes against persons TO BE FRUSTRATED, WOUND MUST
BE MORTAL (FATAL) to produce all acts of execution
When is the wound mortal?
Depends on the doctor  medical opinion
Lazaro v. People
Depends on the circumstances DO NOT RELY ON THE INITIAL
WOUND

What rights are covered?


People v. Rebutado, 417 S 393
Right to life, right to honor, right to property
STATE OF NECESSITY
Ty v. People, 439 S 420
State of necessity must not be brought about by the overt acts or
negligence of the offender, otherwise, Art. 365 comes into play
FULFILLMENT OF DUTY
With self-defense see Cabanlig v. Sandiganbayan

Art. 11

OBEDIENCE TO SUPERIOR ORDER


Nassif v. People, 73 P 69
Private individuals CAN INVOKE obedience to superior order

State v. Green, 110 SE 145


Simpson v. State, 59 Ala 1

Art. 12

13 July 2009

DEFENSE OF PROPERTY RIGHTS


According to Supreme Court of Spain, allowed only when there is an
assault to the person entrusted with the care or custody of the
property, i.e., the lawful owner or possessor

EXEMPTIONS
Ortega v. People, 20 Aug 2008

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Justice Callejo | 4A | I-2009

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CG Meneses

Complete absence of intelligence, no intent, no negligence, no free


will

If, however, THERE IS CONSPIRACY, NO MITIGATION under this


circumstance

RA No. 9344 minority is presumed

Treachery mode or manner of execution


Praeter Intentionem status of the mind of the author

Art. 266-A  the fact that victim is a minor may be proved by means
without RA No. 9344
ACCIDENT
No fault attributable to offender
No negligence, no intent  OTHERWISE, EXEMPTION WILL NOT
APPLY

People v. Galacgac
People v. Flores
SUFFICIENT PROVOCATION
Oriente v. People
Provocation must be SUFFICIENT and IMMEDIATELY PRECEDED
the act

IRRESISTIBLE FORCE
People v. Tami, 234 S 1

People v. Labeo, 424 P 484

UNCONTROLLABLE FEAR
Asehas III v. People, 493 S 292
With respect to entrapment/instigation

Gotis v. People, 533 S 431


While an act may not constitute unlawful aggression, the same act
may be considered as sufficient provocation

People v. Oyanib, 406 P 651


Art. 247 is an absolutory cause, not merely mitigating

Passion and Obfuscation AND Immediate Vindication


People v. Diokno
If arising from the same act, ONLY ONE may be appreciated

People v. Austria, 27 June 2000


Pelonia v. People, 521 S 207
Art. 13
MITIGATION
PRAETER INTENTIONEM
People v. Espejo, 36 S 400
If two or more persons conspire, but one of the accused DID NOT
INTEND to do some of the acts done, the latter accused is entitled to
this circumstance AS LONG AS HE DID NOT KNOW OF THE
COMMISSION OF THE GRAVE WRONG

IMMEDIATE VINDICATION OF A GRAVE OFFENSE


Provocation
People v. Alquiza, 62 P 611
Need not be in words, but also in actions
Grave Offense
People v. Ruiz
No relation to classification of offenses  MAY NOT EVEN BE A
CRIME
Depends on:
1. Social standing of the offended
2. Place, time, occasion

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3. Insult of the accused

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CG Meneses
ANALOGOUS CIRCUMSTANCES

Bacabac v. People, 532 S 557


Act of hitting with a bamboo stick IS NOT a grave offense

People v. Tabamo, Jr.


Extreme poverty is NOT among the mitigating circumstances

Immediate
In the Spanish Penal Code proxima, or proximate

People v. Doca
Lack of education or instruction is NOT MITIGATING IF THERE IS
DISCERNMENT OR INTELLIGENCE

People v. Ignas, 412 S 311


No immediate vindication if accused has time to recover serenity
People v. Matbagun, 60 P 887
PASSION AND OBFUSCATION
People v. Bello, 10 S 298
Must arise from legitimate or lawful sentiments

People v. Lasparda, 93 S 698


Lack of education or instruction CANNOT BE APPRECIATED in
murder or homicide since killing is always wrong
People v. Belaro, 307 S 611
20 July 2009

VOLUNTARY SURRENDER
Appreciation is not depended on where accused surrenders
People v. Quimpo
Tabalos v. People
Applies to malversation
If public officer returned money malversed or misappropriated by him
BEFORE being charged or before the institution of the criminal action
VOLUNTARY PLEA OF GUILTY
People v. Calpito, 416 S 491
May be appreciated even if accused offers in evidence other
mitigating circumstances
People v. Noble, 77 P 93
People v. Magallanes, 275 S 222
PHYSICAL DEFECTS/ILLNESS
People v. Antonio, Jr., 431 S 425
Psychosis is mitigating

Art. 14
TREACHERY
People v. Antonio, 390 P 989
No treachery if decision to attack was arrived at at the spur of the
moment
People v. Guzman, 423 P 600
Mere suddenness of the attack does not by itself suffice to appreciate
treachery, even if there was intent to kill, and the helpless position of
the victim was merely accidental
CRUELTY
People v. Sitchon, 428 P 82
Nature of cruelty lies in the fact that the culprit enjoys and delights in
making the victim suffer, which is unnecessary to the commission of
the crime

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CG Meneses

People v. Valdez, 350 S 189


There is cruelty when accused enjoyed and delighted in the
commission of the offense

People v. Gonzales, 117 P 166


Where accused falsified several documents/vouchers  THERE ARE
AS MANY CRIMES AS VOUCHERS FALSIFIED

UNLICENSED FIREARMS RA NO. 8294


People v. Mendoza, 18 Jan 1999
SC applied RA No. 8294  homicide and murder as generic

Lastrilla v. Granda, 421 S 324***


Where accused falsified 3 deeds of absolute dale for different parcels
of land on the same day and same occasion, and forged signatures of
the alleged vendor/grantor  AS MANY CRIMES AS DOCUMENTS
FALSIFIED

BUT NOTE People v. Ladjaalam


Attempted homicide NOT included in homicide in RA No. 8294
In crimes other than homicide or murder, use of unlicensed firearms
is NOT AGGRAVATING
30 July 2009
Art. 48
COMPLEX CRIMES
One location, one occasion  single intent/impulse
Different locations, different occasions  single act FOR EACH
BUT NOTE People v. Bacungay, 428 P 798
Kidnapping is moved by a specific intent, SO THAT THERE ARE AS
MANY CRIMES AS PERSONS KIDNAPPED
3 August 2009
People v. Peas, 66 P 682
Where accused falsified 3 postal money orders with different payess
and encashed all on the same day  ONLY ONE CRIME SINGLE
PURPOSE

Falsification in two modes:


1. Falsified signature (forged)
2. Antedated deeds to time when vendor was alive
People v. Abalos, 389 S __
There are as many crimes as documents falsified, BUT ONLY ONE
CRIME FOR EACH MODE COMMITTED
Gamboa v. CA***
Gamboa was an employee, a purchaser, of an optical company, who
collected purchases. He then deposits his collections in his own
name.
How many crimes of estafa?
THERE ARE AS MANY CRIMES OF ESTAFA AS WITHDRAWALS
AND USE IN ONES NAME since deposits and withdrawals occurred
on different dates, thus, separate and independent crimes of estafa.
THE WITHDRAWAL IS A COMPLETE FELONY BY ITSELF. This is
not a case of delito continuado BECAUSE IT IS NOT A PART OF A
SERIES OF ACTS.
Ilagan v. CA, 239 S 575
Ilagan was an employee of a real estate company given authority to
sell, BUT NOT THE AUTHORITY TO COLLECT. He then devotes to
his own use the collections.
Justice Callejo: note the abuse of confidence
How many crimes of estafa?

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Justice Callejo | 4A | I-2009
AS TO HOME/LOT OWNERS as many crimes of estafa, with
deceit, as collections made
AS TO EMPLOYER one count of estafa, since he is supposed to
account for ALL collections at any one time when demanded; this is
estafa with abuse of confidence
Justice Callejo: note that in Gamboa and Ilagan, the SC did not apply
the single resolution test
People v. Lawas
Where 50 Maranaos were gunned down
Ruling: Art. 48 applies since IT IS IMPOSSIBLE TO ASCERTAIN
THE INDIVIDUAL DEATHS CAUSED BY THE ACCUSED
Justice Callejo (also in Boado): why not conspiracy?
People v. Pinkalin, 102 S 136
Where Art. 48 applies  single criminal purpose test attainment
of single purpose  1 crime
Dissenting (Makasiar): Art. 48 DOES NOT INCLUDE ANY
CONSIDERATION OF SINGLE IMPULSE
People v. Pineda, cited in Gamboa v. CA
Art. 48 is clear, no impulse, purpose, or resolution is mentioned
Ruling in Lawas is irrelevant since in Lawas, there was conspiracy
A delito compuesto is when an accused fired a gun ONCE, but
killed TWO OR MORE persons
Is it the single act of PULLING THE TRIGGER?
Or is it the result of a SINGLE BULLET?
When what is used is a sub-machine gun  Art. 48 applies since
there are SEVERAL BULLETS fired at once
People v. Sanidad, 403 S 381***
Accused is guilty of a complex crime since:

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CG Meneses
1. It is not possible to determine who among them killed the
victim (see Pineda, Lawas)
2. The accused showed a SINGLE criminal impulse (but see Art.
48, which is clear)
3. There was conspiracy
Justice Callejo: the reason of conspiracy is enough
People v. Dalmacio, 426 P 563, citing People v. Pineda
Where accused used armalites, grenades, and explosives
Ruling: Art. 48 is not applicable because:
1. The injuries were the result of successive volleys of gunshots
2. Deaths of the victims were from several shots
People v. Maghoy, 180 S 111
Art. 48 applied  SINGLE ACT
People v. Peralta, 193 S 9
There are as many crimes as victims IF THERE WAS NO EVIDENCE
THAT VICTIMS DIED BY SINGLE DISCHARGE OR BULLET
People v. Mision
People v. Obillo
People v. Tabako, 270 S 32
Evidence must be presented that victim/s died of a SINGLE ACT or
BULLET or DISCHARGE OF FIREARM
DELITO COMPLEJO
(2nd portion of Art. 48)
DOES NOT APPLY IF:
1. Felony is INDISPENSABLE to another felony
2. Felony is an ESSENTIAL ELEMENT of, or MODE of, or is
ABSORBED, by another felony
3. Felony is USED TO CONCEAL another felony

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Justice Callejo | 4A | I-2009
Batulanon v. People, 502 S 35
Can there be a complex felony of estafa by falsification of a
private document? NO, because the fraudulent gain obtained in
estafa IS THE SAME HARM caused to the private complainant in
falsification of private document.
BUT if the document is PUBLIC, intent to harm is NOT an element, so
there may be 2 crimes or a complex crime
NOTE:
Art. 48 does not apply to the following:
Art. 267 (kidnapping)
Art. 312 (occupation of real property or usurpation of real rights in
property)
Art. 129 (search warrants maliciously obtained) in relation to perjury
People v. Abedosa, 53 P 791
No crime of trespass to dwelling with murder  if the purpose is only
to kill, the crime is MURDER ONLY, aggravated by trespass to
dwelling, OTHERWISE it is possible for 2 separate crimes to be
committed murder AND trespass to dwelling
People v. Medina, 59 P 134
People v. Prieto, 80 P 138***
Murder and physical injuries, although in themselves separate and
distinct criminal offenses, are absorbed by treason when they are
charged as elements or constitutive ingredients of the latter. In this
case they become identified with treason AND CANNOT BE THE
SUBJECT OF A SEPARATE PUNISHMENT, OR USED IN
COMBINATION WITH TREASON TO INCREASE THE PENALTY AS
ART. 48 OF THE RPC PROVIDES.
Similar to:
1. Punishing one for POSSESSING OPIUM in a prosecution for
SMOKING OPIUM

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CG Meneses
2. Punishing the robber for COERCION or TRESPASS TO
DWELLING in a prosecution for ROBBERY
In these cases, the acts sought to be punished separately are
INHERENT in the commission of the crime already being prosecuted
This would NOT PREVENT the punishment of the foregoing acts
which are crimes in themselves as such if the government should
elect to prosecute the culprit specifically for those crimes and not as
elements of another
Hernandez v. People, 99 P __
Doctrine of Absorption for political crimes, i.e., rebellion, treason
How about terrorism in RA No. 9372?
Terrorism as a crime ABSORBS crimes, Art. 48 will NOT APPLY
People v. Sendaydiego
Samson v. CA, 103 P 277
Will Art. 48 apply if one of the constituent felonies is a felony by
culpa? YES
Falsification by culpa  when one does not check the identity of
payees
Dissenting (JBL Reyes): Art. 48 contemplates intentional felonies
People v. Rodis, 105 P 1284
Estafa through falsification by culpa
DELITO CONTINUADO
Abduction is a continuing crime
In forcible abduction with rape, the additional rapes are absorbed, the
FIRST RAPE consummates the complex crime of forcible abduction
with rape

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HOWEVER, the prevailing rule is still that ADDITIONAL RAPES ARE


SEPARATE OFFENSES

The moment the convict serves the MINIMUM OF THE IS, convict
may be considered for PAROLE

PRIMORDIAL CONSIDERATION  PURPOSE of the offender


If the taking was done with lewd design, forcible abduction
If the woman was raped after, forcible abduction with rape

PAROLE provide period and conditions for release


If the period lapses without any violation  MAXIMUM IS DEEMED
SERVED AND CONVICT RELEASED PERMANENTLY

If the purpose was to abduct TO RAPE, RAPE only, and the taking is
absorbed as a means to carry out the intent

APPLICATION OF IS LAW
Consider

24 Aug 2009
INDETERMINATE SENTENCE LAW
Without IS Law, penalties are FIXED, and the specific penalty will be
a straight penalty within the range provided by law
People v. Asturias
People v. Lampara
People v. Enriquez
De Joya v. Jail Warden, 417 S 636
What about special penal laws, does IS Law apply? YES
People v. Martin Simon, 234 S 555
BUT NOTE that if the law does not follow the nomenclature of the
RPC, then aggravating and mitigating circumstances of RPC DO
NOT APPLY, ALTHOUGH JUDGES ARE NOT PROSCRIBED FROM
CONSIDERING THEM (this is because the IS Law considers the
penalty IMPOSED, NOT the penalty IMPOSABLE)
Court must take into account:
1. Circumstances of the crime
2. Circumstances of the offender

Homicide
Penalty: Reclusion temporal
No mitigating or aggravating circumstances

Minimum
Reduce by 1 degree the penalty this is the MINIMUM of the IS
Reclusion temporal  lowered by 1 degree, PRISION MAYOR
NOTE that the minimum is WITHIN THE WHOLE RANGE and may
be set by the Court in its discretion, IT NEED NOT BE IN THE SAME
PERIOD as the maximum  the discretion is unqualified
Maximum
If there are mitigating or aggravating circumstances, apply
modification to the MAXIMUM of the IS
When with Privileged Mitigating Circumstances
Also consider privileged mitigating circumstances, as many as there
are  if these exist, REDUCE BY 1 DEGREE AS WELL
Thus:
Reclusion temporal, with privileged mitigating circumstances
Lower by 1 degree  PRISION MAYOR
Lower by 1 degree following IS Law  PRISION CORRECCIONAL
When Penalty Does Not Exceed 1 Year
If penalty DOES NOT EXCEED 1 year, STRAIGHT PENALTY, DO
NOT APPLY IS Law

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Justice Callejo | 4A | I-2009

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CG Meneses

In Relation to Art. 48
Maximum of IS follows Art. 48, BUT FOR MINIMUM, REDUCE FIRST
THE ORIGINAL PENALTY

In robbery with homicide, all other homicides after the first are
absorbed. How many sets of civil liability? AS MANY HOMICIDES
COMMITTED

People v. Rillorta, 15 Dec 1989***


The penalty for the complex crime of homicide with assault upon a
person in authority is the maximum period of the penalty for the more
serious crime homicide. That penalty is the maximum period of
reclusion temporal. Under the IS Law, each of the accused shall
suffer an IS, the maximum term of which shall be within the
prescribed penalty of reclusion temporal, maximum.

In Art. 48, there are as many civil liabilities AS INJURED PERSONS

People v. Cesar, 23/22 S 1024


When Crime is Complex with Aggravating Circumstance
IS Maximum is MAXIMUM OF THE MAXIMUM period
i.e., reclusion temporal  3 periods (minimum, medium, maximum)
 RT MAX divided to 3 periods as well maximum of RT max
CIVIL LIABILITIES
Art. 100 DOES NOT APPLY when no private injury or damage
arises from the crime, i.e., political crimes
Juridical person is NOT ENTITLED TO MORAL DAMAGES, except in
LIBEL cases
Banal v. Tadeo, 11 Dec 1987
Occena v. Icamina, 181 S 328
People v. Hernandez
Since a political crime absorbs common crimes, are the heirs of
the deceased entitled to civil liability? YES
People v. Agarin, 109 P 430
People v. Avila, 11 Mar 1992

Aznar v. Citibank, 519 S 287


Damage loss, hurt, or harm from injury
Injury legal invasion of right
Damages
People v. Catubig
If aggravating circumstances not pleaded in Information  not
considered in criminal liability, BUT ALWAYS CONSIDERED IN
CIVIL LIABILITY, if proven during trial
The non-consideration is procedural in nature, while provision for civil
liability is substantive
What if there is a mitigating circumstance together with the
aggravating circumstance, what is the effect on exemplary
damages? NONE
BUT Justice Callejo: still considered for civil liability, since the civil law
on damages do not provide for offsetting
People v. Marcelo
The word aggravating in the Civil Code is GENERIC, it includes ALL
kinds of aggravating circumstances
People v. Ranid, 555 S 297
If there are 2 qualifying circumstances, 1 QUALIFIES THE CRIME,
THE OTHER IS GENERIC  but exemplary damages still
PROPERLY IMPOSABLE

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Justice Callejo | 4A | I-2009

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People v. Guillen, 420 S 326


In murder qualified by treachery, EXEMPLARY DAMAGES MAY BE
AWARDED IN VIEW OF THE GRUESOME MUTILATION OF THE
VICTIMS CORPSE

27 Aug 2009
BOOK II
ART. 114 TREASON

People v. Gonzales, Jr.


In arson, EXEMPLARY DAMAGES MAY BE AWARDED FOR
CORRECTIVE PURPOSES
People v. Dizon
When a victim is raped multiple times, MORAL AND EXEMPLARY
DAMAGES ARE PROPER FOR EACH COUNT EVEN IF THERE IS
ONLY 1 AGGRAVATING CIRCUMSTANCE
People v. Morales
In kidnapping without any aggravating circumstances, EXEMPLARY
DAMAGES MAY BE AWARDED FOR THE DETERRENT EFFECT
People v. Ayuman, 471 P 167
In this case for parricide, the SC awarded exemplary damages
because of the qualifying circumstance of relationship
BUT NOTE, according to Justice Callejo: in parricide,
RELATIONSHIP IS INHERENT, so no exemplary damages should
have been awarded
NO NEED TO PROVE the amount of exemplary damages

Haupt v. US, 47 Supp. 836, 330 US 631


RA No. 106
Filipinos may not divest citizenship while Philippines is at war
Kawakita v. US, 96 L Ed 1249
May a person holding dual citizenship be guilty of treason? YES
DAquino v. US, 192 Fed 2d __
In relation to Art. 2
Filipino committing treason in another country is liable  person
cannot take refuge in another country to perpetrate treasonous acts
Gillars v. US, 182 Fed 2d 962
Adherence to the enemy and treasonable intent, when they exist,
attach to the act and to its perpetrator wherever he is
Obedience to the law of the country of domicile or residence local
allegiance is permissible, but this kind of allegiance does not call for
adherence to the enemy and the giving of aid and comfort to it with
disloyal intent
Treason is committed with specific intent
Requisites of Treason (87 CJS 914)
Modes of Commission
1. Levying war
2. By adhering to enemies by giving them aid or comfort
Treason MUST BE INTENTIONAL

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People v. Martin

Adherence to enemy intent or mental act


Giving aid overt act
Both must be proved
Adherence to enemy  may be proved by circumstantial evidence
Giving aid  must be proved by direct evidence 2 witnesses for
EACH OVERT ACT, and which must be credible
NOTE that even if 2 witnesses are needed, ONLY ONE OVERT ACT
is needed to be proven
Kawakita
What is important is the nature of the act of the accused
People v. Perez, 83 P 314
How extensive must giving aid or comfort be?
Depends on:
1. Nature of the act
2. Degree of the act
3. Purpose of the act
Cramer v. US, 325 US 1
Adherence to the enemy may be proved by circumstantial evidence

People v. Perez, 83 P 314


Supplying comfort women is NOT giving aid or comfort  sexual or
social relations with Japanese did not affect war effort; if there is
effect, effect is merely trivial
Gillars v. US
Overt act shown by means of speech  treasonous speech intent
shown as integral part of treason
People v. Prieto
Treason is a POLITICAL CRIME  absorbs common crimes if
committed in furtherance of treason
People v. Hernandez, 99 P 515
Art. 48 does not apply to treason
NOTE that IS Law does not apply
ART. 116 MISPRISION OF TREASON
Felony by omission
ONLY FILIPINOS may be guilty of Art. 116, not even dual citizens

People v. Adriano, 78 P 571


Witness must testify TO THE ENTIRETY OF THE OVERT ACT
Extrajudicial confession CANNOT CURE the fatal omission of the 2witness rule  only corroborating evidence
Proof of Citizenship
1. Oral or written
2. Records of prisoner
3. Birth certificate
Judicial Admission
People v. Flavier

ART. 122, 123 PIRACY; QUALIFIED PIRACY


ALSO, PD NO. 532, RA NO. 7659
People v. Tulin
RA No. 7659 did not amend PD 532  RPC and RA No. 7659 CAN
EXIST with PD No. 532
PIRACY ON THE HIGH SEAS
Crime against the law of nations

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Complement of vessel in Art. 648 of the Code of Commerce, from
captain to the lowest-ranked member of the crew
Physical injuries in Art. 123 is used in its generic sense INCLUDES
FRUSTRATED OR ATTEMPTED MURDER; connotes any kind of
bodily harm
Piracy is a single, indivisible offense
Is the use of an unlicensed firearm aggravating? NO
Is it a separate crime? NO (why?)
If a MEMBER OF THE complement or passenger takes the property
of another member of the complement or PASSENGER, THIS IS
NOT PIRACY, BUT ROBBERY under Art. 293

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ART. 124 ARBITRARY DETENTION
Astorga v. People, 412 S 512
Elements:
1. Public officer or employee
2. Detains another
3. Without legal ground for detention
Relate to Art. 267 (kidnapping) and Art. 269 (unlawful arrest)
In Art. 267  offender is a private individual, and purpose is to
deprive liberty
In Art. 269  person is arrested without lawful cause to deliver to
judicial authorities
Arrest in Art. 124 merely INCIDENTAL

Art. 86 of the UNCLOS


High Seas not included in the EEZ, or territorial waters, or
archipelagic waters of archipelagic state
RA No. 9372
Piracy is a constituent crime of terrorism
People v. Puno, 219 S 285
Filoteo v. Sandiganbayan, 263 S 222
PD No. 532 applies where piracy is directed not only at preconceived
victims, but against any or all prospective victims
Piracy involves not only the locus of the crime, IT IS ESSENTIAL
FOR PD NO. 532 TO APPLY THAT THE PERPETRATORS ARE
ORGANIZED TO COMMIT THE CRIME  previous attempts or
similar acts must be shown
Piracy in the RPC may be qualified by ACCOMPANYING ACTS
Piracy in PD No. 532 is qualified ON OCCASION of acts

Public Officer or Employee


Those authorized to arrest or detain another
Nilo v. Salanga, 152 S 113 (judges)
Sec. 388 of LGC
Art. 152 of RPC
Sec. 80, PD No. 705 (Forestry Code)
District Forester given power to arrest
Sec. 44, RA No. 9165
To enforce law, all school heads, supervisors, and teachers may
arrest or detain another
NOTE that private individuals may be liable for arbitrary detention IF
THERE IS CONSPIRACY
People v. Flores, 410 P 578
How about CAFGU?
CAFGU may arrest/detain and may be liable for arbitrary detention,
under EO No. 264

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009

Page 14 of 60
CG Meneses
2. For delivery to judicial authorities

DETENTION
US v. Cabaag, 8 P 64
Actual confinement or any manner or deprivation of liberty
People v. Baldago, 396 S 31
Astorga v. People, 412 S 512
Curtailment of liberty NEED NOT INVOLVE PHYSICAL RESTRAINT;
liberty may be restricted by PSYCHOLOGICAL RESTRAINT
NOTE Rule 113, Sec. 5, which allows arrests without warrants
People v. Tudtud, 458 P 752 (Sec. 5[a])
David v. Arroyo
Ylagan v. Enrile (Sec. 5[b])

Gravamen of the offense  failure to deliver within the period


prescribed
Delivery to Judicial Authorities
The filing of a criminal complaint or Information with the proper court
Basis of Period
The offense/crime as that seen by the arresting officer, NOT THE
CRIME FOUND AFTER PRELIMINARY INVESTIGATION
Soria v. People
Exclusions to Period
Sundays, holidays, election days

RELATE to Sec. 18 of RA No. 9372


RELATE to Sec. 7 (now 6), Rule 112, on inquest
Crime of arbitrary detention MAY BE COMMITTED BY CULPA 
good faith is a defense in dolo

Alvior v. Anguis, 425 S __

When is the crime committed by dolo?


When there is evidence that the officer was aware of the illegality

What if the court has no jurisdiction?


Arresting police officer is not liable for the mistake of the prosecutor

People v. Misa

RELATE to RA No. 9344


People v. Mabong
If Information is filed (by the prosecutor?) beyond the periods in Art.
125, arresting officer is STILL LIABLE and arrestee STILL LIABLE
FOR THE CRIME in the Information

People v. Oliva
Arbitrary detention with physical injuries  complex crime
Periods imposed in Art. 124 NOT ELEMENTS of the crime
SEE Sec. 8 of the IS Law

RELATE to RA Nos. 7438 or 9372


Alejano v. Cabuay, 468 S 188
If the purpose of regulation is not to deprive or curtail right to consult
lawyer, regulation of visits are valid

ART. 125 DELAY IN DELIVERY


RELATE to inquest and preliminary investigation rules
Elements:
1. There is legal basis to detain or arrest

ART. 126 DELAYING RELEASE


Felony by omission

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009

Page 15 of 60
CG Meneses

Art. 126 applies to RA No. 9372


ART. 129 SEARCH WARRANT MALICIOUSLY OBTAINED
No distinction between a detention prisoner and a person detained by
final judgment
Insuperable clause may be invoked
Person who makes a valid, warrantless arrest may be liable under
Art. 126
ART. 127 EXPULSION
When person is unlawfully expelled from the Philippines or compelled
to change residence

RELATE to perjury
RELATE to Rule 126
Modes:
1. Procured search warrant without just cause  felony by dolo,
must be malicious
2. Exceeds authority in executing the same uses unnecessary
severity OR seizing property not included in the warrant,
EXCEPT those in plain view
Good faith a defense

RELATE to Art. 247 of the RPC, which imposes penalty of destierro

Against the will of the owner, EXPRESS OR IMPLIED

People v. dela Pea


Determination of maliciousness
An attempt to extort money, even if effected after the issuance of the
search warrant, but prior to the release of the complainant, is relevant
to the question whether or not the warrant was illegally procured,
owing to the obvious tendency of the aforementioned circumstance, if
proven, to establish that the accused was prompted by the desire to
get money from the complainant. Evidence of the intent of party who
obtained said warrant or warrants is not only relevant, but very
material, where the accused are charged with having willfully,
unlawfully and feloniously procured said process, pursuant to a
common intent, as alleged in the Informations

US v. Arceo, 3 P 381

UNILAB v. Isip, 28 June 2005

People v. delos Reyes, 20 P 267


Art. 128 DOES NOT APPLY TO POLICE OFFICERS WHEN IN HOT
PURSUIT

People v. Hua, 439 S 350


Breaking of door cannot be done without announcement

RELATE to PD No. 968, the Probation Law and Sec. 27 of RA No.


9372
ART. 128 VIOLATION OF DOMICILE
Only those authorized to arrest or detain another or seize property id
another or search
Arevalo v. Quilatan, 16 S __

RELATE to Sec. 11, Rule 113

If warrant is served beyond the period for service  Art. 129


APPLIES
If warrant is served and a crime was committed in the process  DO
NOT APPLY Art. 48, the crime committed is a SEPARATE OFFENSE

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
State of Michigan v. Summers, 452 US 692
Art. 129 DOES NOT APPLY TO SEARCHES OF AGENTS OF
BUREAU OF CUSTOMS
People v. Mago, 22 S 857
Tariff and Customs Code gives right to search to officers of BOC

Page 16 of 60
CG Meneses
ART. 134, 134-A REBELLION/INSURRECTION, COUP DETAT
Both private individuals and public employees may be liable for
rebellion or insurrection
Rebellion objective is to overthrow the government and supersede
with a new one
Insurrection objective is to effect minor change with respect to
particular matters or subjects

ART. 130 SEARCHING DOMICILE


Inciting to Rebellion  crime of a multitude
Quintero v. NBI, 162 S 470
People v. Gesmundo, 219 S 743
Witnesses presence is MANDATORY
3 Sept 2009
ART. 131 PROHIBITION, INTERRUPTION, AND DISSOLUTION
OF PEACEFUL MEETINGS
_____, 40 OG 2576
Participant which interrupts the peaceful meeting IS NOT LIABLE
UNDER ART. 131, BUT MAY BE LIABLE FOR UNJUST VEXATION
What if the policeman was undercover? LIABLE under Art. 131,
following People v. Cantena
RELATE to David v. Arroyo
ART. 132 INTERRUPTION OF RELIGIOUS WORSHIP
What is religion in Art. 132?
According to Justice Isagani Cruz a system of belief, matters of faith
or dogma

REBELLION
Delito continuado by nature
A political crime  crime against a political order; objective is a
political purpose
There must be concurrence of:
1. Intent to achieve political objective  mental act
2. Overt acts of public uprising and taking up arms
Is there FRUSTRATED rebellion? NONE, it is NOT NECESSARY
THAT THE OBJECTIVE IS OBTAINED, crime is still consummated
US v. Vergara, 3 P 432
Mere membership in the Communist Party of the Philippines is NOT
REBELLION
_____, 46 OG 4412
BUT, a person openly becoming a member of the NPA, EVEN
WITHOUT ANY PARTICIPATION IN ANY OVERT ACT, is LIABLE
FOR REBELLION, since the NPA is engaged in CONTINUING
COMBAT with the government of the Philippines
Rebellion necessarily connotes violence  ABSORBS COMMON
CRIMES WHEN COMMITTED TO ATTAIN PURPOSE Art. 48
inapplicable

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009

Page 17 of 60
CG Meneses

Enrile v. Omar Amin


Crimes defined by SPL are also absorbed

ART. 137 DISLOYALTY


A person NOT sympathetic to the rebels, BUT CONTINUES TO
OCCUPY THE OFFICE UNDER THE CONTROL OF THE REBELS,
is liable under Art. 137

Is use of unlicensed firearms absorbed by rebellion? YES, by


express provision of RA No. 8294, when in furtherance or incident to
rebellion and attempted coup detat

OBJECTIVE is IMMATERIAL

Why attempted coup detat only?


If coup detat is consummated, government is overthrown  power is
seized by offenders, they will not penalize themselves
What if the common crime committed by the rebel is for a
personal purpose, or for personal motives, or for profit, is this
absorbed? NO
People v. Geronimo, 100 P 90
If the commission of the common crime is NOT for the political
purpose, it is a separate and independent offense

What if the person additionally commits malversation, in


furtherance of the rebellion?
He is liable for 2 crimes rebellion AND disloyalty
Can the public officer plead Art. 11 or 12? YES, i.e., insuperable
cause
Disloyalty is an OFFENSE BY OMISSION
ART. 139 SEDITION

In relation to COUP DETAT


1. In coup detat, the primary movers are the military or police
2. Concurrence of objective and swift attack
3. In coup detat, purpose is to diminish state power
4. NO FRUSTRATED COUP DETAT

People v. Kamlon Hadji, 9 S 252

ART. 136 CONSPIRACY/PROPOSAL TO COMMIT REBELLION,


INSURRECTION, AND COUP DETAT

PAR. 1
Includes laws political in nature, laws in general, and civil and penal
laws
Includes ordinances

RELATE to Art. 8 on conspiracy and proposal


The conspiracy to commit rebellion and insurrection IS ALSO A
CONTINUING CRIME
Mere membership in the CPP IS NOT CONSPIRACY TO COMMIT
REBELLION

In relation to REBELLION
1. Purpose of the commission
2. Manner of commission
3. Sedition DOES NOT absorb common crimes

PAR. 2
Includes judges and the judiciary
Includes the Constitutional Commissions (Art. IX of Constitution)
PAR. 3
(and by implication, NOT INCLUDED in Par. 2)
Barangay public officers

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Barangay public employees
Nature of Sedition:
1. Crime against public order
2. There is a public uprising to attain objectives
Tumultuously riotously, disorderly, or violent movement
People v. Mendoza, 8 May 1950, GR No. 2971 [wrong citation]
Tumultuous at least 3 armed persons
Is there a complex crime of sedition and serious disturbance?
YES
If the offender stages a tumultuous uprising AND AT THE SAME
TIME commits serious disturbance against members of a council 
one crime as a means to commit the other

Page 18 of 60
CG Meneses
NOT PROTECTED BY THE GUARANTEE OF FREE SPEECH OF
THE CONSTITUTION
Inciting to sedition is a misprision felony
ART. 143 PREVENTING MEETINGS
Meeting of BARANGAY COUNCIL IS NOT INCLUDED  liability if
this is done will be for GRAVE COERCION
ART. 144 DISTURBANCE
May be by word or by deed
Crimes of violence are complexed with Art. 144 pursuant to Art. 48
WHEN USED AS A MEANS TO COMMIT IT OR WHEN
COMMITTED ON THE OCCASION OF THE OTHER

Sedition is CONSUMMATED WHETHER OR NOT OBJECTIVES


ARE ATTAINED
ART. 145 PARLIAMENTARY IMMUNITY
Espuelas v. People, 90 P 524
Sedition statutes ARE NOT VIOLATIVE OF THE FREEDOM OF
SPEECH
Seditious libel  its essence is its immediate tendency to stir up
general discontent to the pitch of illegal courses; it induces people to
resort to illegal methods other than those provided by the Constitution
in order to repress the evils which press upon their minds
The words used directly tend to foment riot or rebellion or otherwise
disturb the peace
ART. 142 INCITING TO SEDITION
Philippine Journalists, Inc. v. Thoenen, 477 S __ [not Lee]
Freedom of speech should not be used as a basis to commit inciting
to sedition; the lewd and obscene, the profane, the libelous, and the
insulting or fighting words, or those which by their very utterance
inflict injury or tend to incite an immediate breach of the peace, IS

Art. VI, Sec. 11 of the Constitution is inconsistent with Art. 145.


Is Art. 145 rendered ineffective or simply amended by the 1987
Constitution? AMENDED PRO TANTO
Constitution  shall, in all offenses punishable by NOT MORE
THAN 6 years imprisonment (up to prision correccional), be privileged
from arrest
Art. 145  except in case such a member has committed a crime
punishable under this Code by a penalty HIGHER than prision mayor
(6 years and 1 day to 12 years)
ART. 146 ILLEGAL ASSEMBLIES
Two Modes:
1. Meeting of armed men to commit a crime under the RPC
2. Meeting in which the audience is incited to commit treason,
rebellion, insurrection, sedition, or assault upon a person in
authority

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
It does not matter if firearm used is licensed or not, AS LONG AS
THE PERSON IS ARMED
If a person used an UNLICENSED firearm under the first mode  HE
IS PRESUMED THE LEADER
Is this latter instance a violation of RA No. 8294? NO
Identities of organizers  through speeches, publications, banners,
leaflets
First Mode
When crimes of violence are committed, illegal assemblies under the
first mode LOSES ITS JURIDICAL PERSONALITY  it is NOT A
SEPARATE FELONY, but considered a PREPARATORY ACT

Page 19 of 60
CG Meneses
First Mode
People v. Recto, 419 P 674
The first mode is tantamount to rebellion or sedition WITHOUT THE
ELEMENT OF A PUBLIC UPRISING
Second Mode
Who may be victims?
Art. 152 of the RPC persons of authority AND agents of persons in
authority
Justo v. CA, 99 P 452
While engaged in the performance of duties  even if at the time
of the assault the officer IS NOT PERFORMING HIS DUTIES, AS
LONG AS THE ATTACK WAS BY REASON OF HIS OFFICIAL
DUTIES, or of past official duties

Second Mode
The organizers are those guilty of Art. 146, BUT THE INCITEMENT
IS AN ELEMENT ONLY IF THE AUDIENCE IS IN FACT INCITED 
Francisco

The OBJECTIVE OR PURPOSE of the accused is IMMATERIAL

Charge for illegal assembly OR proposal to commit rebellion, etc. or


rebellion, etc.  the state has its options, but it cannot charge for
both

Sarcepudes v. People, 90 P 228


If the assault or attack occurs when the officer is NOT in the
performance of his duties, MOTIVE OF THE ACCUSED BECOMES
DETERMINATIVE of his liability for direct assault

THERE MUST BE SOMEONE WHO INCITES ANOTHER, BUT


AUDIENCE IS NOT INCITED, the inciting had no effect
NOTE that RA No. 1700 already repealed by RA No. 7636
BUT see RA No. 9372, Sec. 17
ART. 148 DIRECT ASSAULT
A formal crime NO FRUSTRATED STAGE

OFFENDER MUST BE AWARE THAT OFFICIAL DUTY IS


PERFORMED

No liability under Art. 148:


1. If the public officer or officer in authority is a mere
BYSTANDER
2. If the accused DID NOT KNOW that victim was a person in
authority
People v. Velasco, 72 OG 2045
When the contending parties are BOTH persons in authority who are
acting in GOOD FAITH  NO LIABILITY
BOTH must be IN GOOD FAITH

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
People v. Fook, 42 P 230
When there is excess of authority  no liability under Art. 148 or 151
When there is TOTAL LACK OF AUTHORITY  no liability
NOTE that the damage or injury must be coextensive with the
excessive authority, otherwise, liable under Art. 148

Page 20 of 60
CG Meneses
Is Art. 48 applicable? YES
Direct assault with homicide
Direct assault with frustrated or attempted homicide
BUT if SLIGHT physical injuries  DO NOT COMPLEX, Art. 48
inapplicable, as this is absorbed
People v. Ladjaalam

Justo v. People
When a district supervisor of public schools assaulted another district
supervisor BEFORE ARRIVING AT AGREED PLACE where they
would fight  DIRECT ASSAULT, since one in bad faith
People v. Garcia, 79 OG 4586
To lay a hand  inflict physical injuries; to strike; to shove; cause
damage or injury
People v. Tabiana, 37 P 515
Force must be serious, and must be of such character as to show
contempt for authority
People v. Gumban
SLAPPING is included
Crime is QUALIFIED when a weapon is used to assault  firearm,
knives
_____, 45 OG 838
It is NOT ENOUGH that a weapon was carried by the offender,
WEAPON MUST BE ACTUALLY USED TO ASSAULT
Qualifying circumstances:
1. Use of a weapon
2. When offender is himself a public officer or employee
3. When offender lays hands upon a person in authority
RELATE to RA No. 75, Sec. 6 assault on ambassador or foreign
public minister

Villanueva v. Ortiz, 148 P 493


Where the accused assaulted a person in authority, an election
inspector, while votes are being counted, he is liable for the complex
crime of DIRECT ASSAULT WITH SERIOUS DISTURBANCE
5 Sept 2009
What if in the course of robbery, a person in authority was
killed? ROBBERY WITH HOMICIDE direct assault already
absorbed
RELATE to Art. 265 (less serious physical injuries)  where the
victim is a person in authority, penalty becomes prision correccional
NOTE, however, that Art. 265 is applied only when the person in
authority IS NOT IN THE PERFORMANCE OF HIS DUTIES OR
SUFFERS LESS SERIOUS PHYSICAL INJURIES BY REASON OF
HIS OFFICE
RELATE to Art. 153  direct assault with serious disturbance
ART. 149 INDIRECT ASSAULT
RELATE to RA No. 1978
Person in Authority
Include AGENTS of persons in authority

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
What about private individuals COMING TO THE AID of persons
in authority? THEY BECOME AGENTS, thus, crime is DIRECT,
NOT INDIRECT, ASSAULT
Art. 149 operates only when private individuals COME TO THE AID
OF AN AGENT OF A PERSON IN AUTHORITY

Page 21 of 60
CG Meneses
ART. 150 DISOBEDIENCE TO SUMMONS
SEE Senate v. Ermita, 488 S 1
RELATE to RA No. 4200, Sec. 4, and RA No. 9372, Sec. 25

People v. Mendoza, 59 P 163


Persons in authority are those vested with jurisdiction to govern and
execute laws; or persons who perform some functions of the
government

ART. 151 RESISTANCE AND DISOBEDIENCE


Uytiaco v. CA, 126 P 48
Art. 151 is violated only when the person in authority or his agent is in
the ACTUAL PERFORMANCE of their duties

RELATE to the LGC, Sec. 388(?)


Persons in authority include BARANGAY CAPTAINS/CHAIRMEN
(PUNONG BARANGAY), and/or persons charged with supervision of
public and duly recognized private SCUs

When is resistance or disobedience serious?


People v. Ramayrat, 122 P 188
Depends upon the circumstances of the act, the motives of the
offender, and the transgression, which may or may not indicate intent
to violate the law

Remember however that these are persons in authority ONLY FOR


THE PURPOSE OF ART. 148 and 151
RELATE to Art. 14
People v. Tac-an, 182 S 602
A teacher is a person in authority ONLY FOR THE PURPOSE OF
ART. 148 and 151
Agents in LGC
1. Barangay policemen
2. Barangay councilmen
People v. Bonotan, 105 P 1349
Members of municipal and provincial boards are PERSONS IN
AUTHORITY
RELATE to RA No. 9165
Teachers as persons in authority in the enforcement of RA No. 9165

People v. Reyes, 40 OG 24 (11 Supp)


US v. Tabiana
When person in authority EXCEEDS AUTHORITY, resistance is
lawful if done in good faith  any resistance must be that which is
REASONABLE and NECESSARY
Gallego v. People
When person in authority exceeds his authority, or abuses his
authority, any reaction MUST BE COEXTENSIVE to the excess or
abuse
If the resistance or disobedience is SERIOUS, then this is DIRECT
ASSAULT  NOTE that in Art. 151, par. 2, the disobedience is to the
AGENT

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
ART. 153 TUMULTS AND OTHER DISTURBANCES
First Mode
1. Offender commits acts which causes serious disturbance
2. In a public place, office, or establishment LOCUS CRIMINIS
3. Offender intended to commit public disorder INTENT TO
CAUSE DISTURBANCE
When is it serious?
Consider the PLACE where the acts were committed, and the
occasion or circumstances surrounding the incident
RELATE to Art. 131 (prohibiting, interrupting, and dissolving peaceful
meetings)  if the public officer is a participant, Art. 153 applies, NOT
Art. 131

Page 22 of 60
CG Meneses
NOTE that in inciting to rebellion or sedition, the act was
DELIBERATE in Art. 153, the act was SPONTANEOUS
Art. 153 is a felony by dolo, and NOT culpa
People v. Bacolod, 89 P 621
No double jeopardy in charging accused of serious physical injuries
through reckless imprudence and causing disturbance under Art. 153
even if both resulted from the defendants act of having fired a submachine gun
Villanueva v. Ortiza
Art. 153 may be a constituent crime of a complex crime  may be
complexed with DIRECT ASSAULT
There is also TUMULTUOUS DISTURBANCE with HOMICIDE

What is a public place?


People v. Gamay, 40 OG 171
One that is open to the public and not exclusive, even if presided by
private individuals
Second Mode
1. Public performance or public functions
2. Interruption
3. NOT under either Art. 131 or 132
4. Disturbance is NOT SERIOUS
Offender may be a participant, or a stranger
Presumption under Par. 3 applies ONLY WHEN MADE BY A BAND
Band more than three armed persons, or more than three persons
with means of violence
PAR. 4
1. Meeting is LAWFUL
2. Offender makes a SPONTANEOUS OUTCRY of rebellion or
sedition

People v. Mangorio, 51 OG 4619


NOTE also that PD No. 1829, Sec. 1(i) may be violated separately
from Art. 153
ART. 155 ALARMS AND SCANDALS
PAR. 1 Calculated to cause alarm or danger
Erroneous translation  should be calculated to PRODUCE alarm or
danger
There must be cause and effect, for IF THERE WAS NO EFFECT,
THERE WAS NO CRIME COMMITTED
RELATE to Art. 254 (discharge of firearms)
What if the firearm used was unlicensed?
NOT aggravating
NOT separate crime(?)

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
PAR. 3 and PAR. 4
RELATE to Art. 153 (tumults)
Specifically, PAR. 4 disturbance NOT serious and NOT in a public
place

Page 23 of 60
CG Meneses
How is the crime committed?
1. By violence
2. By intimidation
3. By bribery
4. By other means
1-3  higher penalty

ART. 156 DELIVERY OF PRISONERS FROM JAIL


First Mode
Does Art. 156 include detention prisoners? YES, it is Art. 157
which refers specifically to convicts
A prisoner who escapes, whether detention prisoner or convict, but
specially a detention prisoner, IS NOT ENTITLED TO BENEFITS OF
IS LAW
NOTE that a HOSPITAL IS AN EXTENSION OF A JAIL if a person is
ORDERED CONFINED THERE by a Court
What if the accused was convicted?
This is IMMATERIAL, since the crime is already consummated
whether or not prisoner surrenders or is apprehended
Is there an attempted stage for this felony? YES
When a prisoner leaves his cell, but discovered BEFORE LEAVING
THE PENAL ESTABLISHMENT, is a case of an attempt of this felony

Is bribery in Art. 156 the same as that in Art. 212 (corruption of


public officers)? NO
The bribery in Art. 156 is COMMITTED BY THE PERSON HELPING
THE PRISONER ESCAPE, AND THE BRIBE IS TO A THIRD
PERSON OTHER THAN THE ONE ASSISTING AND THE
PRISONER
What if the prisoner DIRECTLY BRIBES the officer?
Then the prisoner is liable for 2 crimes CORRUPTION OF PUBLIC
OFFICIALS under Art. 212 and DELIVERY OF PERSONS FROM
JAIL under Art. 156, by express provision of Art. 212
What are other means?
1. Use of false key or picklocks
2. Disguise
3. Craft
4. Taking guards by surprise
5. Deceit
Does the phrase include crimes in the RPC? [no answer]

What if the custodian helped the prisoner escape?


The custodian is NOT LIABLE under Art. 156, but for INFIDELITY IN
THE CUSTODY OF PRISONERS under Art. 223 or 224, as the case
may be

Does Art. 156 absorb common crimes? NO, separate offenses;


Art. 48 applies since this is may constitute an act to commit another
crime

NOTE that penal establishments INCLUDE PENAL COLONIES

RELATE to PD No. 1829, Sec. 1(c)

RELATE to RA No. 9372, Sec. 44


RELATE to Art. 18

ART. 157 EVASION OF SERVICE OF SENTENCE


Convict must be serving his sentence; during the term

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
What about destierro?
Art. 157 is APPLICABLE  during the term of imprisonment is NOT
ACCURATE translation, it should be DURING THE TERM OF
SENTENCE WHICH CONSISTS IN THE DEPRIVATION OF
LIBERTY
Del Castillo v. Torrecampo, 394 S 221***
ESCAPE in legal parlance, and for purposes of Art. 93 and 157,
means the unlawful departure of the prisoner from the limits of his
custody, and ONE WHO HAS NOT BEEN COMMITTED TO PRISON
CANNOT BE SAID TO HAVE ESCAPED THEREFROM  thus,
petitioner, who was never brought to prisoner, and in fact was already
in hiding even before the execution of the judgment for his conviction,
is not entitled to the benefit of prescription of penalty under Art. 93
Tanega v. Masakayan, 19 S 567
For prescription of penalty imposed by final sentence to run, the
culprit should escape DURING THE TERM OF SUCH
IMPRISONMENT  Art. 93 of the RPC provides that the prescription
of penalties shall commence to run FROM THE DATE THE FELON
EVADES THE SERVICE OF HIS SENTENCE, and if the convict was
NEVER PLACED IN CONFINEMENT, prescription does not run in his
favor
Elements:
1. Convict by final judgment
2. Serving sentence
3. Escapes during term of sentence
Art. 157 APPLIES TO EVASION OF SENTENCE FOR VIOLATION
OF SPLs
Who is not liable under Art. 157?
1. Detention prisoner
2. Person who violates departure order
3. Youthful offenders whose declaration or promulgation of
sentence is SUSPENDED

Page 24 of 60
CG Meneses
RELATE to Art. 88, since arresto menor can be served in the house
of the defendant himself under the surveillance of an officer of the law
RELATE to Art. 8, since in Art. 157, connivance is a QUALIFYING
circumstance
10 Sept 2009
ART. 160 QUASI-RECIDIVISM
People v. Aling y Majuri, 96 S 472
Quasi-recidivism is a special aggravating circumstance, and cannot
be offset by generic mitigating circumstances
Offended party is entitled to exemplary damages when accused is
found to be a quasi-recidivist
It does not matter that the felony is a crime defined by an SPL, what
matters is WHEN THE 2ND CRIME IS PUNISHED BY AN SPL
WHICH DOES NOT APPLY THE NOMENCLATURE OF THE RPC 
in this latter instance, NO quasi-recidivism, otherwise, Art. 160 may
apply
Also, IF THE 2ND CRIME IS PUNISHABLE BY RECLUSION
PERPETUA, Art. 160 DOES NOT APPLY since the latter is a single
indivisible penalty
Art. 62, par. 1 provides that aggravating circumstances which are
punished by law AS AN ELEMENT OF THE OFFENSE CHARGED
SHOULD NOT BE TAKEN INTO ACCOUNT in imposing the penalty
i.e., evasion of sentence included in quasi-recidivism
What about destierro? [no answer]
What if the offender is a recidivist and a quasi-recidivist?
Impose MAXIMUM OF THE MAXIMUM PENALTY

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
What if a complex crime was committed?
Maximum penalty for the most serious offense  if a quasi-recidivist,
impose MAXIMUM OF THE MAXIMUM OF THE PENALTY FOR THE
MOST SERIOUS OFFENSE

Page 25 of 60
CG Meneses
Liability is under Art. 171 if the falsification was committed by any
other mode or means than that provided in Art. 170
ART. 171 FALSIFICATION

ART. 161, 162 COUNTERFEITING SEAL, USING FORGED


SIGNATURE
Camido v. CA, 8 Dec 1995
If accused forged the signature of the President, THERE ARE AS
MANY CRIMES OF FORGERIES AS THERE ARE DOCUMENTS
FORGED
Caubang v. People, 210 S 377
Crime is only by dolo, NOT BY CULPA  the provision requires
knowingly or maliciously forging
ART. 166, 169 FORGING TREASURY OR BANK NOTES
PAYABLE TO BEARER
People v. Balmores, 85 P 493
Philippine charity sweepstakes ticket is a government obligation 
however, forgery of this document makes one liable for ESTAFA
THROUGH FALSIFICATION OF PUBLIC DOCUMENT, not forgery
under Art. 166 in relation to Art. 169
ART. 170 FALSIFICATION OF LEGISLATIVE DOCUMENTS
Elements:
1. What is authored is a genuine bill, or ordinance
2. Alteration must be the substance
3. Alteration is with deliberate intent
BUT, if the offender is a PUBLIC OFFICER OR EMPLOYEE IN
CUSTODY OF THE DOCUMENT  liable for FALSIFICATION in Art.
171, and not under this provision

A document INCAPABLE OF PRODUCING LEGAL EFFECTS


CANNOT BE THE SUBJECT OF FALSIFICATION
Official Document one in which a public official intervenes in
preparation or accomplishment
Commercial Document used by merchants to facilitate trade and
commercial transactions
Private Document no intervention of public notary or public official
legally authorized to do so, by which some disposition or agreement
is proved
Monteverde v. People, 435 P 906
If the document is intended to be part of a public record, and the
document is falsified BEFORE it becomes part of the public record,
Art. 171 is still violated
People v. Bon Ping
CSC Booklet forms part of the official records of the government, so
when it is falsified, liable under Art. 171
Bermejo v. Barrios
Pleadings of parties and papers in action in custody of the clerk of
court are PUBLIC documents
Layug v. Sandiganbayan
Petitioner, a public school teacher, indicated in her DAILY TIME
RECORD that she attended classes, when in fact she did not  AS
MANY CRIMES AS DTRs FALSIFIED

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
A government employees DAILY TIME RECORD IS A PUBLIC
DOCUMENT
When is falsification consummated?
The moment the false document is EXECUTED, or the moment the
document is ALTERED
There is no ATTEMPTED of FRUSTRATED FALSIFICATION, except
may be when the falsification is imperfect
Sarep v. Sandiganbayan
Falsification of public document THROUGH RECKLESS
IMPRUDENCE
Is there falsification by OMISSION? YES, see People v. Dizon
DIFFERENCE BETWEEN ART. 171 AND ART. 172
Art. 171
1. Offender is a public officer, employee, or religious minister
2. Document falsified is ANY KIND
3. Damage NOT AN ELEMENT, but the erosion of public faith in
the documents
Art. 172
1. Offender INCLUDES private individuals
2. Document falsified is classified into public, official, and
commercial on one hand, and private on the other
3. DAMAGE is an element in falsification of PRIVATE document
AND in the USE OF FALSIFIED DOCUMENTS not in judicial
proceedings

Page 26 of 60
CG Meneses
_____, 16 CAR 2s 1393
The translation IMITATING is erroneous, since the word used in the
Spanish Penal Code is FINDIENDO, which is properly translated as
FEIGNING  FEIGNING a signature DOES NOT REQUIRE
IMITATION, BUT IS A FORGERY OF A SIGNATURE THAT DOES
NOT IN FACT EXIST
COUNTERFEITING is the IMITATION of an original or genuine
signature
US v. Paraiso, 5 P 149 (see also, Paraiso v. US, 207 US 368 same
case, on writ of error to the Supreme Court of the United States)
For one to be guilty of counterfeiting a signature THERE MUST BE
AN ATTEMPT TO IMITATE THE SIGNATURE OF ANOTHER
US v. Rampas
It is NOT NECESSARY FOR THE IMITATION TO BE PERFECT it
is sufficient is there is a resemblance
People v. Isla, 42 P 485 [Justice Callejo: does not follow previous
rulings]
There must be an attempt to imitate  IF THERE IS NO
RESEMBLANCE, not under par. 1 of Art. 171
PAR. 2
Bernardino v. People
The act or proceeding must in fact exist in par. 2 of Art. 171
12 Sept 2009

THUS, a public official not included in Art. 171 may be liable under
Art. 172 because he may not have taken advantage of his official
position in so doing
ALSO, Art. 171 presupposes that the officer or notary public IS THE
CUSTODIAN OF THE DOCUMENT  if he issues an authenticated
copy, he is liable under Art. 171, not Art. 172

PAR. 2 [continued]
Bernardino v. People, 546 S 237
Elements:
1. Offender is a public officer or employee or notary public
2. Takes advantage of official position
3. Falsifies a document

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
4. By causing it to appear that the person participated in any act
or proceeding when in fact he did not
Indispensable that the offender make it appear that the person
participated in the act or proceeding THE PERSON SHOULD IN
FACT EXIST  Cuello Callon
If the person is ALREADY DEAD, is offender liable? YES
Lastrilla v. Granda, 481 S 324***
Accused is guilty under paragraph 1, 2, and 5 antedated document
(par. 5); forged signature of dead father (par. 1)
Andaya v. People, 493 S 531
Falsification under par. 2, Art. 171 in relation to Art. 172

Page 27 of 60
CG Meneses
Samson v. CA
Par. 2, Art. 171
Mallari v. People, 168 S 432
When it was made to appear that real owner mortgaged property
falsification
Accused borrowed money from 2 lenders on same occasion ONE
CRIME OF ESTAFA, delito continuado
People v. Stella Romualdez, 57 P 148
PAR. 4
Siquian v. People
Elements:
1. Offender a public officer or employee, or a notary public
2. Made untruthful statements in a narration of facts
3. Had a legal obligation to disclose the truth

People v. Abubakar, 93 S 294


Accused made it appear that he was a registered voter, and was able
to vote
Ruling: accused guilty of falsification under par. 2, criminal liability in
RPC apart from liability in OEC

People v. Yanza(?)
Must be a narration of facts, NOT CONCLUSION OF LAW

People v. Asa, 2 CAR 16


Guilty of violation of par. 2 when accused affixed thumb mark in list of
voters that did not actually vote

Amora, Jr. v. SB
Conviction shall not be sustained WHEN OFFENDER ACTED IN
GOOD FAITH

People v. Villanueva, 58 P 671


Where public officer misappropriated public funds, and concealed the
misappropriation by imitating signatures of payees
Ruling: two crimes, falsification under par. 1, Art. 171 and
malversation

If document is altered TO CONTAIN/SPEAK OF THE TRUTH, NO


FALSIFICATION

But what if accused DID NOT imitate signatures of payee? YES,


still a violation of par. 2, Art. 171
What if person impersonated examinee in civil service exam?
People v. Leonidas, 40 OG Supp 101
When accused impersonated examinee, falsification under par. 2

Lumangcas v. Quinta, 400 P 785


Manalo v. People, 12 September 2007
Legal obligation must stem from a law, rule, or regulation issued by a
government agency
If applicant falsifies data in personal information sheet, liable?
YES, because PIS can be a source of obligation and is required by
the CSC

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009

Page 28 of 60
CG Meneses

People v. Po Giok To
Is there legal obligation to disclose truth in residence
certificate? YES, in CA No. 465(?)

People v. Reodica, 62 P 567


Alteration must be such as to speak a different language or import
than that which it is supposed to convey

Concerned Employee v. Generoso, 467 S 614


If a taxpayer made a false narration of facts in is ITR, and filed
the same with the BIR, to avoid paying taxes, liable? YES, under
par. 4

[3 CJS 905]
The alteration speaks a different language where:
1. Affects legal identity of parties
2. Affects rights, duties, and obligations
3. Changes scope of document

PAR. 5
The date altered MUST BE ESSENTIAL TO THE DOCUMENT
The alteration MUST BE INTENTIONAL
What dates?
Dates of birth, date of marriage, date of death, date of payment of
obligations
US v. Mateo, 25 P 324
Alteration must be one which causes the document to speak a
language different
PAR. 6
Garcia v. CA, citing RP v. CA, 116 S 505
Elements:
1. Person alters or changes or intercalates an entry or statement
in a document
2. Document is genuine
3. Alterations or intercalations speak something false
May be committed by any person, BUT if private individual in a
private document Art. 172 applies, AND if Art. 172 applies, then
there must be damage caused or intent to cause damage
Alterations erasures, interlineations, addition, substitution of
material matter

Pacana v. People, 47 P 48
Ignorance or mistake as to particular facts WILL, GENERALLY,
EXEMPT from liability  GOOD FAITH IS A DEFENSE
PAR. 7
Two Modes:
1. Issuance in an authenticated form purporting to be a copy of
the original when no such original exists (ORIGINAL DOES
NOT EXIST)
2. Including a statement contrary to or different from original
(ORIGINAL EXISTS)
Second mode
By DOLO
Alteration must be material which changes the document
Usually committed by persons in custody of the document, including
notary public
A private individual who conspires with a public officer or notary
public is also liable under par. 7
Flores v. Layosa
Consuelo v. Mallari
Falsification of a public, official, or commercial document may be a
constituent felony under Art. 48 as a means to commit another crime

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
If falsification is committed to CONCEAL the malversation TWO
CRIMES (Art. 48 as a means to COMMIT, NOT TO CONCEAL)
If document falsified under ALL modes in Art. 171, ONLY ONE
CRIME OF FALSIFICATION, because the offender moved by only
one criminal intent  note Lastrilla, only one offense of
FALSIFICATION even if committed under three modes
People v. Madrigal
Abalos v. People
BUT there as many crimes as falsification as DOCUMENTS
FALSIFIED

Page 29 of 60
CG Meneses
Judicial proceedings all-embracing: criminal, civil, special
proceedings
People v. Prudente, 1 CAR 759
INTENT TO CAUSE DAMAGE OR DAMAGE CAUSED, NOT AN
ELEMENT  WHAT IS PUNISHED IS THE USE
ART. 177 USURPATION OF AUTHORITY

People v. Segovia
People v. Ponferrada

Is there a complex crime of usurpation of authority with


falsification? YES
People v. Cortez, 73 OG 10056
When individual introduced himself as BIR agent, with falsified BIR ID

ART. 172 USE OF FALSIFIED DOCUMENTS

RELATE to RA No. 75 liability for pretending to be a consul,


diplomatic officer, etc., Art. 177 will NOT apply

Samson v. CA
Batulanon v. People

Liability for BOTH usurpation and RA No. 75? YES [Justice


Callejo]

PAR. 2
Dava v. People
The offender is a person other than the author of the falsification, and
uses the document as evidence in any judicial proceeding

Simulation of public authority is a MODE of committing crime of


kidnapping

If the author himself uses the document, liability is for


FALSIFICATION, NOT USE OF FALSIFIED DOCUMENT
CSC v. Sta. Ana, 435 P 1
Accused is guilty of the crime of falsification of public document and
the use of public document if he falsified the certification in addition to
the personal data sheet
US v. Gomez, 3 P 436
Under par. 2, the offender MUST BE AWARE of the falsity of the
document

Robbery may be committed by pretending to have public authority


NOT complex crime, because it is a MODE of committing robbery, do
not apply Art. 48
ART. 178 USING FICTITIOUS NAME
Public use of fictitious name to:
1. Conceal crime
2. Evade execution of judgment
3. Cause damage

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Law requires PUBLIC USE how?
One uses a fictitious name publicly IF HE USES THE NAME IN A
PUBLIC OR OFFICIAL DOCUMENT

Page 30 of 60
CG Meneses
4. complex crime  delivery of prisoner from jail with use of
fictitious name (Justice Callejo)
If a person was able to conceal the escape of a convict by use of a
fictitious name 2 CRIMES

US v. Piu, 35 P 4
Fictitious name in a passport, liable? YES
What is the damage contemplated?
NOT TO A PRIVATE PERSON, BUT TO PUBLIC INTEREST

ART. 180, 181 FALSE TESTIMONY IN CRIMINAL CASES


Art. 180 against a defendant
Art. 181 in favor of a defendant

What does public interest mean?


Damage to the community in general

Judgments for violations of RPC?


Include SPL using nomenclature of RPC

Fictitious name to defraud another NOT ART. 178, but ESTAFA


(relate to Art. 315)

Art. 180 and 181 are crimes mala in se

Fictitious name to enter house to rob NOT ART. 178, but


ROBBERY (relate to Art. 299)
Where one uses a fictitious name to commit falsification  Cuello
Callon: INTEGRATED in the crime of falsification
EVADING JUDGMENT
Law does not distinguish between criminal or civil cases
Supposing offender takes place of convict, so convict can
escape, what crime?
CONVICT WHO ESCAPED evasion of service of sentence
PERSON WHO TOOK PLACE
1. Using fictitious name under Art. 178 (Albert with whom
Justice Callejo does NOT agree);
2. Use of fictitious name AND delivery of prisoner from jail under
Art. 156 (Reyes with whom Justice Callejo does not agree
insofar as use of fictitious name is concerned);
3. Delivery of prisoner from jail, AND the use by a fictitious name
ABSORBED (Regalado with whom Justice Callejo does
NOT agree);

Bachrach Motor v. CIR


Necessary that testimony is COMPLETE  when witness has
already been cross-examined, and discharged as a witness
Villanueva v. Sec. of Justice, 475 S 495
Law requires that OFFENDER BE AWARE OF FALSITY OF
TESTIMONY
People v. Reyes, 48 OG 1837
People v. Maneja, 72 P 256
There must be a FINAL JUDGMENT; the mere testimony IS NOT
ENOUGH; final judgment a condition sine qua non
Under Art. 180, the testimony of a witness may refer not only to the
guilt, but also to aggravating or qualifying circumstances
Whether the accused is convicted or not is immaterial
BUT Art. 180 WILL NOT APPLY if penalty less than correctional
penalty, but WITNESS may be charged with perjury

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
If accused himself testifies falsely in his behalf, liable? NOT
LIABLE
If accused falsely testifies by attributing the crime to another
person, liable? YES, People v. Soliman, 36 P 5
The retraction of the witness of his testimony DOES NOT
EXTINGUISH CRIME since it is already consummated, UNLESS
retraction is SPONTANEOUS
No attempted or frustrated stage of crime (Cuello Callon Justice
Callejo agrees there is no frustrated stage)
RA No. 6981, Sec. 13, Witness Protection Act
Witness who testifies falsely or evasively loses immunity and
becomes liable for perjury, NOT under Art. 180 or 182
RA No. 9372, Sec. 47
False testimony a crime under the law
RPC and HSA at the same time? NO. Under RA 9372, one
convicted of crime in RPC cannot be prosecuted under HSA
ART. 182 FALSE TESTIMONY IN CIVIL CASES
Ark Travel Express, Inc. v. Presiding Judge
Party litigants and witnesses may be guilty of this crime
1. Testimony in civil case
2. Testimony must relate to an issue
3. Testimony is false
4. Person knew testimony is false
5. With criminal intent
Civil Case not confined to ordinary civil actions, includes
supplemental proceedings, i.e., execution, arbitration, preliminary
attachment, relief from judgment

Page 31 of 60
CG Meneses
People v. Gutierrez
Serrano v. Asturias, 476 S __
Provision does not apply to false testimony in SPECIAL
PROCEEDINGS, or petition for naturalization
What applies? Art. 183, perjury
ART. 183 - PERJURY
Perjury is the willful and corrupt assertion of a falsehood under oath
or affirmation administered by authority of law on a material matter
Villanueva v. Sec. of Justice, 475 S 495
Requirements:
1. Accused made a statement under oath or executed an
affidavit upon a material matter
2. Statement or affidavit made before a competent officer,
authorized to receive and administer oath
3. Statement or affidavit contained a willful and deliberate
assertion of a falsehood
4. The statement or affidavit was required by law, or for a legal
purpose
What is material matter?
Villanueva v. Sec. of Justice
The main fact subject of the inquiry, or any circumstance which tends
to prove that fact, or any fact or circumstance which tends to
corroborate or strengthen the testimony related to the subject of the
inquiry, or which legitimately affects the credence of any witness who
testified
14 Sept 2009
ART. 203 PUBLIC OFFICERS
Agencies of the government include:
1. GOCCs

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
2. Subsidiaries of GOCCs, whether with original charter or
created under the Corporation Code
3. Whether stock or non-stock AS LONG AS FUNCTIONS ARE
GOVERNMENTAL IN NATURE

Page 32 of 60
CG Meneses
May be committed by dolo or by culpa

Agbayani v. Sayo
People v. Sandiganbayan, 451 S 413

ART. 207 DELAY IN ADMINISTRATION OF JUSTICE


Magdamo v. Judge Pahimulin, 73 S 110
May be committed ONLY BY DOLO because of the use of the word
MALICIOUS  to inflict damage or injury

ART. 204 RENDERING UNJUST JUDGMENT

ART. 208 PREVARICACION

Cortez v. Nazario, 422 S 541


DOES NOT APPLY TO APPELLATE JUDGES/JUSTICES, covers
only judges in MTC/RTC

US v. Mendoza, 23 P 194

In Re: Borromeo, 241 S 410


There must first be a judgment in an appropriate proceeding 
condition sine qua non
In what proceeding?
De Vera v. Pelayo, 390 P 596
1. Certiorari or prohibition under Rule 65 impugning the validity
of the judgment
2. Administrative proceeding in the Supreme Court against the
judge precisely for promulgating an unjust judgment or order
Zuo v. Cabebe, 444 S 382
Felony in Art. 204 is MALUM IN SE, judge must act with malice
ART. 205 JUDGMENT RENDERED THROUGH NEGLIGENCE
Committed by culpa

What crime/offense?
RPC or SPL
Abuse of public position is an ELEMENT OF THE CRIMES UNDER
CHAPTER 2, SECTION 1  Arts. 204-209
What about private individuals?
Liable under PD No. 1829 and Art. 19 of the RPC, NOT UNDER ART.
208
Merencillo v. People, 521 S 31
A public officer or employee liable under Art. 208 or under Art. 209
(bribery) may also be made liable under RA No. 3019  Sec. 3
provides IN ADDITION to acts or omissions of public officers already
penalized by existing law
NOTE that prevaricacion is a constituent element of QUALIFIED
BRIBERY
ART. 210, 211 DIRECT/INDIRECT BRIBERY

ART. 206 UNJUST INTERLOCUTORY ORDER


Garcia v. Sandiganbayan, 507 S 208
Loyola v. Gabo, 380 P 318

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Justice Callejo | 4A | I-2009

Page 33 of 60
CG Meneses
De los Angeles v. People, 103 P 295

Merencillo v. People***
A comparison of the elements of the crime of bribery defined and
punished under Art. 210 and those of violation of Sec. 3(b) of RA No.
3019 shows that there is neither identity nor necessary inclusion
between the two offenses
Tad-y v. People, 466 S 474***
Elements:
1. The offender is a public officer
2. The offender accepts an offer or promise or receives a gift or
present by himself or through another
3. Acceptance is with a view to commit some crime, to do an act
which is not a crime but is unjust, or refrain from doing
something which is his official duty to do
4. The act is in connection with the performance of his official
duties
Official duties include any action authorized it is sufficient if the
officer has the official power, ability, or apparent ability to bring about
or to contribute to the desired end
It is also sufficient if the action of the officer is part of any established
procedure consistent with the authority of the government agency 
BUT where the act is ENTIRELY OUTSIDE OF THE OFFICIAL
FUNCTIONS OF THE OFFICER TO WHOM THE MONEY IS
OFFERED, THE OFFENSE IS NOT BRIBERY
Use public officers definition in Art. 203
What are official duties?
Such duties with official power who can contribute to the end sought
to be achieved by bribery
Can bribery be attempted or frustrated?
ATTEMPTED yes
FRUSTRATED no

US v. Te Tong, 26 P 453
General rule always consummated
Liabilities of the Parties
RECEIVER bribery
GIVER corruption of public officer
Justice Callejo: for the giver, if bribery is attempted, offense is
ATTEMPTED CORRUPTION
First Mode
US v. Gimena, 24 P 464
It is NOT NECESSARY that the GIFT WAS RECEIVED, IT IS
ENOUGH IF THERE WAS A PROMISE from which the public official
bases his performance, or the refraining of the act, or as
consideration
What about a judge who receives a bribe to render an unjust
judgment?
TWO SEPARATE OFFENSES  bribery AND knowingly rendering
unjust judgment
Soriano v. Sandiganbayan, 31 July 1984
Prevaricacion AND bribery are SEPARATE offenses  do not apply
Art. 48
It is enough that the act is CONNECTED TO THE PERFORMANCE
OF DUTIES  it is NOT A DEFENSE that the offender EXCEEDED
HIS AUTHORITY
Valderama v. Nagal
Receiving money on different occasions in consideration of one act 
AS MANY CRIMES AS BRIBES GIVEN AND RECEIVED

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
May a private individual be liable for bribery? YES, as held in
Acejas III v. People, 493 S 292 BUT according to Justice Callejo,
there was CONSPIRANCY, and the crime was robbery or extortion
NOTE that BRIBERY IS CONSENSUAL  it DOES NOT MATTER if
the offense was committed, AS LONG AS THERE WAS AN
AGREEMENT
Mamba v. Judge Garcia, 412 S 1
A judge is an accomplice in the commission of bribery if he
cooperated in the commission of the crime BY PREVIOUS OR
SIMULTANEOUS ACTS
Formilleza v. Sandiganbayan, 129 S 91
There must be an indication that the public officer received the money
IN CONSIDERATION
ART. 211-A QUALIFIED BRIBERY
Read in connection with prevaricacion
What about SPL punishing the offense with life imprisonment?
Note that Art. 211-A uses reclusion perpetua  ORDINARY
BRIBERY ONLY, not under Art. 211-A

Page 34 of 60
CG Meneses
NOTE the decision of the SC in Liban v. Gordon, 15 July 2009, which
overturned Camporedondo v. NLRC and declared the Philippine
National Red Cross as a private corporation as it is not owned nor
controlled by the government
Mariano Ocampo v. People, 4 Feb 2008
Ocampo, a governor of Tarlac, entered into an agreement with NGO
Lingkod Tarlac for livelihood projects, and spent the amount for other
purposes.
Are loans given by the province to a foundation in the nature of
public funds? NO, money given as a loan LOSES ITS CHARACTER
AS PUBLIC FUND OR PROPERTY even if prior to the loan is a
public fund
How is malversation committed?
Pontevida v. People, 467 S 219
1. Misappropriation
2. Taking for personal use
3. Allowing another
Concept of taking in malversation, same as that in theft 
COMPLETE
Malversation may be committed by dolo or by culpa

Justice Callejo: but look at intent of the law


NOTE that the person MUST BE CONVICTED OF THE CRIME
ART. 217 MALVERSATION
Salamera v. Sandiganbayan, 303 S 307
Public Funds / Public Property funds or property owned by the
government, including LGUs and GOCCs; funds impressed with
public character
Baluyot v. Organza, 325 S 222

ACCOUNTABLE OFFICER
Quenejero v. People, 397 S 465
Consider duties of the officer:
1. Custody of funds PART OF DUTY
2. Duty-bound to ACCOUNT
Bariga v. Sandiganbayan, 457 S 301
TITLE of the office is IMMATERIAL, it is the NATURE OF THE JOB
WHICH IS DECISIVE OR CONTROLLING
Frias v. People, 4 Oct 2007
Local government officials become accountable public officers either:

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
1. Because of the nature of their functions
2. On account of their participation in the use or application of
public funds
PUBLIC FUNDS/PROPERTY
Is object evidence in the nature of public property? YES
Castillo v. Buencillo, 427 S 356
Solesta v. Mision, 457 S 519
Even if an object is merely offered as exhibits is pending litigation,
they are public property since they are in custodial egis
Hence, a CASH BAIL BOND, and MONEY CONSIGNED with the
court, are also in the nature of public funds as they are in custodial
egis  public funds include money in custody by provision of law or
the Rules of Court or by any other order or legal process issued by a
court

Page 35 of 60
CG Meneses
Giving of vale or loan from public funds prohibited by Sec. 105 of the
Government Auditing Code
Enriquez v. People, 331 S 538
The law creates a prima facie presumption of malversation WHEN AN
ACCOUNTABLE OFFICER FAILS TO ACCOUNT WHEN
DEMANDED  nevertheless, THERE MUST STILL BE EVIDENCE
OF THE SHORTAGE
THERE ARE AS MANY CRIMES AS OCCASIONS WHEN MONEY
TAKEN  malversation may be complexed with other crimes, BUT
NOT when the other is used TO CONCEAL the crime
San Jose v. Camorongan, 488 S 102
When the officer is not an accountable officer, NO MALVERSATION
There may be liability for MALVERSATION BY CULPA

People v. Enfermo, 476 S 513


Payroll money of employees of the government are public funds
BEFORE they are given to the employees

Gaviola v. Navarete, 341 S 68


Restitution DOES NOT extinguish criminal liability  MITIGATED
only

Diego v. Sandiganbayan, 339 S 592


Use of dangerous drugs seized by government  malversation

Pontevida v. Sandiganbayan
Quimpo v. Sandiganbayan

Magsino v. People, 57 OG __
Includes objects seized by virtue of a search warrant

Arias v. Sandiganbayan, 19 Dec 1989


Negligence MUST BE RECKLESS, SINCE GOOD FAITH IS A
DEFENSE

Arriola v. Sandiganbayan, 494 S 344


Logs seized pursuant to the Forestry Code, also public property
LIABILITIES
People v. Sendaydiego, 81 S 12
Private individuals who conspire with public officers may also be
guilty of malversation
Meneses v. Sandiganbayan, 232 S 441
Chan v. Sandiganbayan, 466 S 190

Magsuci v. Sandiganbayan
NOTE that abuse of public position is INHERENT in malversation
ART. 218 FAILURE TO RENDER ACCOUNT
Campomanes v. People, 511 S 285
Requisites:
1. Required by law to render account
2. Did not render account

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Manlangit v. Sandiganbayan
NO NEED for demand to render account  basis is the OBLIGATION
OR DUTY IMPOSED BY LAW
Gravamen of the offense  the FAILURE to render account as
required by law
ART. 220 TECHNICAL MALVERSATION
Abdullah v. People, 455 S 78
No misappropriation, or not for personal use  public officer uses the
fund or property for ANOTHER GOVERNMENTAL PURPOSE
RA NO. 7080 PLUNDER
Estrada v. Sandiganbayan, 421 S 280
Plunder is malum in se
RELATE to Art. 8  is the Plunder Law a conspiracy statute?
ART. 223, 224 INFIDELITY IN CUSTODY OF PRISONERS
Who are included?
Prisoners by final judgment (Art. 223, par. 1) and detention prisoners
(Art. 223, par. 2)

Page 36 of 60
CG Meneses
Suppose a person arrested without a warrant who, while
undergoing preliminary investigation executed an affidavit
waiving Art. 125, and then escapes, is the officer liable? YES
Rodillas v. Sandiganbayan, 244 P 266
Petitioner acted negligently and beyond the scope of his authority
when he permitted his charge to create the situation which led to her
escape  it is the duty of any police officer having custody of a
prisoner to take the necessary precautions to assure the absence of
any means to escape, and a failure in this will make his act one of
definite laxity or negligence amounting to deliberate non-performance
of duty
People v. Bandino, 29 P 249
Connivance tolerance of infraction
CONNIVING OR CONSENTING TO EVASION is penalized under
Art. 223; EVASION THROUGH NEGLIGENCE is under Art. 224
What if the officer, without conniving, ALLOWED a DETENTION
PRISONER to escape? NO LIABILITY Art. 223 requires
connivance; Art. 224 covers only prisoners by final judgment
[BUT Art. 223 also uses the word CONSENTING, and to allow is
similar to to consent; also, Art. 224 mentions prisoner merely
which is not as expressly qualified as in Art. 223 which provides that it
be by final judgment]
The OFFENDER MUST BE THE ONE IN CUSTODY OF THE
PRISONER

RELATE to Art. 88, for unless the manner of service of sentence is


allowed by this provision, there is liability

17 Sept 2009

NOTE that a person serving DESTIERRO is NOT DETAINED

ART. 246 PARRICIDE

How may it be committed?


By dolo or by culpa

Spouse legitimately married


Relatives by blood in the direct line

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Children may be legitimate or illegitimate (include children from
adulterous or incestuous relationships)
People v. Paycana, 16 Apr 2008
What if the child is less than 3 days old? INFANTICIDE, NOT
PARRICIDE
NOTE that in infanticide, RELATIONSHIP is NOT AN ELEMENT; but
if either of the parents kills the child, impose PENALTY FOR
PARRICIDE, except as provided in par. 2 of Art. 255
NOTE that the law DOES NOT REQUIRE OFFENDERS
AWARENESS OF HIS RELATIONSHIP WITH THE VICTIM, what
matters is the FACT, not the knowledge, of the relationship
Parricide is ABSORBED in ROBBERY WITH HOMICIDE since the
use of term homicide is generic
HOWEVER, EVEN IF THERE IS CONSPIRACY, ONLY THE
PERSON RELATED to the victim will be liable for parricide

Page 37 of 60
CG Meneses
BUT, IF THERE WAS NO INTENT TO KILL  physical injuries
RELATE to Art. 263, par. 2  relationship is a special aggravating
circumstances
ART. 247 DEATH UNDER EXCEPTIONAL CIRCUMSTANCES
People v. Araquel, 106 P 677
Art. 247 does not define a felony  it merely grants a privilege or
benefit amounting to an exemption
Destierro in this instance is NOT A PENALTY, but TO PROTECT
THE ACCUSED FROM REVENGE
People v. Coricor, 79 P 627
The rationale for imposing destierro is a product of twisted logic
[Justice Perfecto]

RELATE to Art. 8, 17, and 48


Complex crime of parricide and infanticide

May court consider Art. 13 or 14?


Weight of authority does not  and as held in People v. Oyanib, 406
P 621, Art. 247 is in itself already an absolutory and exempting cause

People v. Laureano, 71 P 530


In parricide, treachery is a GENERIC, NOT A QUALIFYING,
CIRCUMSTANCE

PROBLEM: the law speaks of serious physical injuries, but what


if the crime/killing was merely attempted or frustrated, is
destierro still applicable?

Is there parricide by culpa? YES reckless imprudence resulting in


parricide

People v. Wagas, 8 Mar 1989


There must be a concurrence of:
1. Offended spouse killing his or her spouse and the other
person
2. Killing must be AT THE TIME of flagrant unfaithfulness

People v. Paycana
Court applied Art. 48 parricide with unintentional abortion
People v. Rubinos, 432 P __
Parricide is POSSIBLE in the ATTEMPTED and FRUSTRATED
stages

BUT what if the killing occurs AFTER? POSSIBLE


People v. Abarca
If killing is a DIRECT BY-PRODUCT  length of time must be judged
on a case to case basis

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
People v. Rabandan
OPTIONS defense of honor, and thus justified, under Art. 11; OR
under the circumstances in Art. 247, penalty is destierro

Page 38 of 60
CG Meneses
People v. Galura
Treachery inherent in use of POISON, if there is intent to kill, and the
victim dies  IF THERE IS NO INTENT TO KILL, treachery is
qualifying if victim dies

MISTAKE OF FACT is applicable

ART. 249 HOMICIDE

People v. Vergara, 15 S 1121

General Rule
ATTEMPTED injuries are NOT life-threatening
FRUSTRATED injuries life-threatening

Defense of honor in Art. 11 may justify


NOTE that Art. 247 uses the term SEXUAL INTERCOURSE, so if
what was committed was SEXUAL ASSAULT, accused cannot invoke
Art. 247 since this provision was not amended by RA No. 8353

Lazaro v. People, 26 June 2007


It is not the gravity of the wounds alone which determines whether a
felony is attempted or frustrated, but whether the assailant had
passed the subjective phase in the commission of the offense

ART. 248 MURDER

People v. Falorina, 424 S 655


NO FRUSTRATED homicide through reckless imprudence 
homicide presupposes INTENT TO KILL, which is INCOMPATIBLE
with imprudence or negligence

RELATE to RA No. 8294


People v. Comadre
Use of explosives
People v. Malngan
Use of fire
Outrage gross insult
Scoff contempt by derisive acts or language
People v. Olivo, 402 P 531
People v. Guerrero, 238 P 118

BUT there is reckless imprudence resulting to physical injuries or


serious physical injuries
Euthanasia is MURDER, although not defined specifically in the RPC,
if initiative comes from the offender
RELATE to Sec. 6 of RA No. 9262

For FIRE to be qualifying, its USE MUST BE PURPOSELY SOUGHT

ART. 251, 252 TUMULTUOUS AFFRAY


Art. 251 results in DEATH
Art. 252 results in PHYSICAL INJURIES

NO complex crime of arson with homicide  either ARSON, or


HOMICIDE

Arts. 251 and 252 DO NOT DEFINE A CRIME, they merely


IDENTIFY WHO MAY BE LIABLE

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009

Page 39 of 60
CG Meneses

People v. Onlagada, 339 S 224


Tumultuous affray takes placed when a quarrel occurs between
people in a confused and tumultuous manner

People v. Arquiza, 62 P 611


Complex crime of ILLEGAL DISCHARGE OF FIREARM WITH
SERIOUS or LESS SERIOUS PHYSICAL INJURIES

People v. Abiog, 37 P 137


SEVERAL means more than two FOR EACH group

Offense cannot be committed by culpa, since SPECIFIC INTENT is


present, although not intent to kill

People v. Sion, 277 S 127


Arts. 251 and 252 WILL NOT APPLY IF ASSAILANT OR OFFENDER
CAN BE IDENTIFIED

US v. Andrada, 5 P 464
ART. 255 INFANTICIDE

Other instances when Arts. 251, 252 WILL NOT APPLY:


1. If there was ONLY ONE INDIVIDUAL ATTACKED
2. If there was a DELIBERATE ATTACK on the other group
ART. 253 ASSISTANCE TO SUICIDE

Relationship is NOT AN ELEMENT of this crime  as long as victim


is LESS THAN THREE DAYS OLD
People v. Paycana
The child must be born ALIVE  viable, or capable of independent
life

People v. Marasigan, 70 P 588


The PERSON ATTEMPTING TO COMMIT SUICIDE is NOT LIABLE
IF HE SURVIVES

If the victim is a FETUS with INTRAUTERINE LIFE of 6 MONTHS 


abortion

ART. 254 DISCHARGE OF FIREARMS

CONCEALING OF MOTHER OF DISHONOR


Mitigating circumstance

RELATE to Arts. 153, 154, 155, and 248


Dado v. People, 449 P 521
Elements:
1. Offender discharges firearm
2. Against another person aimed at another TO SCARE, NOT
TO KILL OR INFLICT INJURY
What if the discharge was made in a public place? ART. 153 MAY
APPLY

People v. Oro, 90 P 548


Treachery is INHERENT in infanticide
People v. Morales, 121 S 426
RELATE to Art. 276 (abandoning a minor)
When a mother abandons a 2-day old child, and the child dies 
INFANTICIDE
But if there was no intent to kill, and the child dies 
ABANDONMENT
Although abuse of superior strength is NOT aggravating, SC has
ruled that it may apply

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009

Page 40 of 60
CG Meneses
ART. 263 SERIOUS PHYSICAL INJURIES

ART. 256, 257, 258, 259 ABORTION


People v. Paycana
People v. Lopez, 398 P 707
People v. Eng, 64 P 1057
Unintentional abortion may be committed by CULPA
Is there frustrated abortion?
No decision yet, but Justice Regalado believes there is

Blindness must be COMPLETE


Impotence does not mean inability to copulate
HAND is a PRINCIPAL PART, BUT a FINGER is NOT, EXCEPT
THAT, LOSS OF A THUMB is SERIOUS PHYSICAL INJURY
People v. Contemplacion, 40 OG __
Loss of 4 fingers is SERIOUS physical injuries
Loss of Hearing must be COMPLETE and TOTAL

ART. 260 DUEL

People v. Balubar, 60 P 698

Can accused invoke the pari delicto doctrine? NO, doctrine is


inapplicable in criminal cases

ART. 264 ADMINISTERING INJURIOUS SUBSTANCES

Can there be self-defense? NO, there was an agreement to fight

Must be WITHOUT INTENT TO KILL

RELATE to Justo v. CA, where Justo hit the victim before reaching
the venue even if there was agreement to fight

Must be made KNOWINGLY  the accused must be aware that the


substance or the beverage is INJURIOUS to the health of the victim

ART. 262 MUTILATION


Of what?
1. Essential organ of reproduction, i.e., castration
2. Other organs
Offense MUST BE PURPOSELY DONE, it must be intentional 
there is a deliberate intent, with a desired result
US v. Bogel, 7 P 286
Mutilation is understood to be the lopping off or clipping off some part
of the body  the putting out of an eye does not come under this
definition

If made WITHOUT KNOWLEDGE  serious physical injuries through


reckless imprudence
What is meant by taking advantage?
Trickery, or pretending to possess supernatural power
May there be an impossible crime in this instance? NO
THERE MUST BE NO OTHER CRIME, in this case there may be
physical injuries

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
ART. 265 LESS SERIOUS PHYSICAL INJURIES
People v. Remo, 132 S 166
If medically attended to for 2 days, and incapacitated for work for 24
days  LESS SERIOUS physical injuries
People v. Andaya, 34 P 69
Rape with less serious physical injuries

Page 41 of 60
CG Meneses
Second Form
By a man OR a woman SEXUAL ASSAULT
People v. Abello, 25 Mar 2009
Elements of Sexual Assault:
1. Offender commits act of sexual assault
2. By means of inserting penis in anothers mouth or anal orifice,
OR any instrument or object into anothers genital or anal
orifice
3. Under the circumstances enumerated in Art. 266-A, par. 1

ART. 266 SLIGHT PHYSICAL INJURIES


People v. Penesa, 81 P 398
If THERE IS NO EVIDENCE OF INCAPACITY, crime is SLIGHT
PHYSICAL INJURIES
What if the offender SLAPS the victims face?
1. No physical injuries and no incapacity  SLIGHT PHYSICAL
INJURIES
2. If PURPOSE is to humiliate in presence of other people 
SLANDER BY DEED under Art. 359
3. If WITH INTENT TO KILL  homicide(?)
4. If WITHOUT INTENT TO KILL  Art. 365; SERIOUS
PHYSICAL INJURIES or CULPA if without negligence(?)
24 Sept 2009
ART. 266-A, B, C, D RAPE
People v. Nequia
People v. Ritter
First Form
By a man  includes husbands

There is NO FRUSTRATED RAPE, nor FRUSTRATED SEXUAL


ASSAULT
People v. Mahinay, 302 S 455
STATUTORY RAPE  when victim is BELOW 12 years old (actual
age, not mental age)
People v. Edonino, 222 S 489
Force may be actual or constructive
People v. Correa, 269 S 76
People v. Antonio, 233 S 283
Different people react differently in given situations
People v. Remudo, 416 S 432
People v. Abulao, 530 S 675
DEPRIVED OF REASON
People v. Andaya, 306 S 202
People v. Nicolas, 436 S 462
Means mental retardation, intellectual weakness, or mental
incapacity, OR mental deficiency or abnormality which
INCAPACITATES THE VICTIM TO GIVE CONSENT

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
People v. Abuel, 261 S 339
People v. Palma, 144 S 236
BUT deprivation NEED NOT BE COMPLETE
People v. Guillermo, 521 S 597
Where victim was raped when she was ASLEEP  likewise
incapable of giving consent
People v. Salarsa, 18 Aug 1997
It does not matter whether the victim was only half-asleep, or was
only drowsy, WHAT IS DETERMINATIVE IS WHETHER THE VICTIM
COULD HAVE GIVEN CONSENT OR NOT
People v. Conde, 252 S 681
A person who is asleep is similar to an unconscious person
People v. Dela Cruz, 235 S 297
People v. Lintal
Use of drugs for rape
FRAUDULENT MACHINATION
i.e., accused is a twin brother who pretended to be the husband
Misrepresentation
Accused hoodwinked the victim through deceit or machination
DEADLY WEAPON (in Art. 266-B)
Does this include an unlicensed firearm?
People v. Alfeche, 294 S 353
Deadly weapon any weapon or instrument calculated to produce
fear of death or serious bodily harm
People v. Cula, 385 P 742
Mere possession of weapon IS NOT ENOUGH, IT MUST BE USED
TO PERPETRATE THE RAPE

Page 42 of 60
CG Meneses
What if the crime was committed with the use of a weapon, and
committed by two persons? BOTH QUALIFY THE CRIME, no legal
basis to use the other as generic since either is not in Art. 14
BUT this can be a basis for imposition of exemplary damages,
following People v. Catubig
People v. Almanzor, 433 P 667
If LICENSED FIREARM is used  QUALIFYING CIRCUMSTANCE
If UNLICENSED FIREARM is used  NOT AGGRAVATING,
NEITHER IS IT A SEPARATE CRIME
RAPE WITH HOMICIDE/ATTEMPTED RAPE WITH HOMICIDE
Special complex crime, DO NOT APPLY Art. 48
Homicide MUST BE CONSUMMATED
Must be committed BY REASON of the rape
People v. Ramos, 94 S 842
BY REASON with a logical connection
LIABILITIES
If the accused TRANSMITS STD TO THE VICTIM AND VICTIM DIES
 RAPE WITH HOMICIDE
People v. Honra, Jr., 295 P 299
If homicide is NOT consummated, there are TWO CRIMES (what
about attempted homicide with rape?)
What if the victim suffers serious or less serious physical
injuries?
People v. Apiado, 53 P 325
Apply Art. 48 SINGLE ACT
People v. Lizada
PREPARATORY ACTS may be ACTS OF LASCIVIOUSNESS IF
THERE IS NO INTENT TO LIE WITH THE VICTIM
People v. Cordonio, 319 P 169
If the PURPOSE is TO RAPE  RAPE

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
If the PURPOSE is to ABDUCT  rape is incidental, so FORCIBLE
ABDUCTION WITH RAPE (note that forcible abduction requires
specific intent  lewd designs)
INTENT OF THE ACCUSED IN THIS INSTANCE IS PRIMORDIAL to
determine whether it is forcible abduction with rape, or separate
crimes of forcible abduction and rape
If KILLING is merely an AFTERTHOUGHT  still, rape with homicide
People v. Obrique, 420 S 304
People v. Intong, 5 Feb 2004
When rape and sexual assault is committed in the same occasion 
2 SEPARATE CRIMES
People v. Soriano, 436 P 719
People v. Aaron, 438 P 296
DO NOT APPLY Art. 15 if the relationship WILL REQUIRE THE
IMPOSITION OF DEATH, but note that in RA No. 8353, relationship
is QUALIFYING, NOT mitigating
What if a pregnant woman is raped, and abortion is caused?
RAPE WITH UNINTENTIONAL ABORTION (on the assumption that
offender did not knew victim was pregnant see wording of Arts. 256
and 257)
People v. Dio, 160 S 197
2 rapists, but only one killed victim  BOTH ARE LIABLE FOR RAPE
WITH HOMICIDE
QUALIFYING CIRCUMSTANCES
May the age of the victim be stipulated in the pre-trial order? NO,
People v. Balbarona
Can the court take judicial notice of the victims age?
People v. Rullepa, 398 S 567

Page 43 of 60
CG Meneses
If the court looks at the victim to determine age, THIS IS NOT
JUDICIAL NOTICE, but a VIEW OF OBJECT EVIDENCE
What is the probative weight of this view by the judge?
Depends on each case; this is but an approximation of age, NOT
ACTUAL PROOF
People v. Garcia, 346 P 475
People v. Delantar, 514 S 115
Guardian legal or judicial guardian
People v. Watiwat, 410 S 324
People v. Morillo, 434 P 743
Under custody of police or military  CONVICT OR DETENTION
PRISONER
PARDON
Pardon of one of the principals, by marriage, affects the
ACCOMPLICES and/or ACCESSORIES, BUT NOT THE OTHER
PRINCIPALS the only benefit the other principals will derive is with
respect to a lesser count of the commission of the offense
ART. 267 KIDNAPPING
Committed by a PRIVATE individual, otherwise, crime is ARBITRARY
DETENTION
People v. Pickerell, 414 S 19
Although the victim may have consented initially, but subsequently
wanted to return or go back  KIDNAPPING
Serious Illegal Detention deprivation of liberty in whatever form
People v. Astorga, 283 S 420
People v. Mercy Santos, 283 S 543
Length of detention is IRRELEVANT

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
There is NO COMPLEX CRIME of KIDNAPPING WITH
USURPATION OR SIMULATION OF PUBLIC AUTHORITY  this is
a mode of committing the offense
KIDNAPPING WITH HOMICIDE WITH RAPE(?)
KIDNAPPING FOR RANSOM WITH HOMICIDE
People v. Muit, 8 Oct 2008 (decided by 2nd Division)
Kidnap for ransom victim was killed, accused convicted of
KIDNAPPING FOR RANSOM only  kidnapping for ransom already
penalized by death, so homicide is now a generic aggravating
circumstance (homicide QUALIFIED the kidnapping)
Justice Callejo: decision in Muit, is not correct. Follow ruling in
People v. Deang, decided by the SC en banc  offense in Muit
should have been kidnapping for ransom with homicide

Page 44 of 60
CG Meneses
respect to murder WILL NOT BE CONSIDERED GENERIC
AGGRAVATING CIRCUMSTANCES
Kidnapping is moved by a SPECIFIC INTENT  intent TO DEPRIVE
LIBERTY
If the detention is merely INCIDENTAL to the killing  MURDER,
NOT KIDNAPPING (same rule applies to rape if detention is merely
incidental, crime is rape)
KIDNAPPING WITH RANSOM
Mere INTENT TO DEMAND is enough, no need for actual demand 
in fact, NO NEED FOR ACTUAL MONEY DEMAND, ANY OTHER
BENEFIT IS SUFFICIENT
People v. Mesina, 142 S 761/671
The victim is already dead but offender still asked for ransom 
MURDER, not kidnapping with murder or kidnapping with ransom

People v. Regala
People v. Reynes, 423 P 363, cited in Muit

People v. Salvilla

People v. Larraaga
Dehumanization deprivation of qualities of humanity, i.e.,
compassion to victim

People v. Astorga
If victim is NOT YET LOCKED UP, GRAVE COERCION, not
kidnapping

5 Oct 2009
[continued]
If KILLING is merely an AFTERTHOUGHT  kidnapping with rape
OR kidnapping with homicide
In kidnapping with homicide or rape, the homicide or rape MUST BE
CONSUMMATED  if merely ATTEMPTED or FRUSTRATED either
TWO SEPARATE CRIMES, or Art. 48 will apply
Is there a complex crime of kidnapping WITH MURDER? YES,
People v. Mercado, 346 S 256, but the qualifying circumstances with

SEIZURE OF A PERSON FOR RANSOM UNDER PD NO. 532


People v. Isabelo Puno, 219 S 55
If the kidnapping is NOT ISOLATED, and the victim is NOT A
SPECIFIC VICTIM/PERSON  PD No. 532 will apply
If the VICTIM WAS PRECONCEIVED  Art. 267 will apply
BUT, THERE MUST BE EVIDENCE OF PRIOR ATTEMPTS for PD
No. 532 to apply
People v. Pagalansan
THERE ARE AS MANY CRIMES COMMITTED AS THE NUMBER
OF PERSONS KIDNAPPED

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
People v. Bacungay, 228 P 798
As many crimes as persons kidnapped EVEN IF KIDNAPPING WAS
DONE AT THE SAME TIME, PLACE, AND OCCASION

Page 45 of 60
CG Meneses
Fortuno v. People, 426 S __
ART. 286 GRAVE COERCIONS

ART. 270 KIDNAPPING OF MINORS


People v. Ty, 263 S 645
Elements:
1. Offender entrusted with custody
2. Offender deliberately refuses to return minor

Sarabia v. People, 414 P 189


Where petitioner, a policeman, intimidated two lovers, forced them to
perform sexual acts on each other against their will, and extorted 100
pesos from them, and thereafter forced the woman to masturbate him
 2 counts of grave coercion for compelling first, the two lovers, and
second, the woman to perform sexual acts on him (petitioner), both
against their and her will

Committed only BY DOLO


People v. Pastrana, 436 P 127
Either of the parents may be liable under Arts. 270 or 271
ART. 280 QUALIFIED TRESPASS TO DWELLING
People v. Avedosa
People v. Medina, 59 P 124
No such crime as TRESPASS TO DWELLING WITH HOMICIDE or
MURDER  in these instances, trespass to dwelling is either generic
aggravating or qualifying, or for 2 separate crimes

ART. 293 ROBBERY


De Guzman v. People, 17 Oct 2008
Elements:
1. Personal property (bienes muebles)
2. Unlawful taking (asportacion), BUT NOT NECESSARY that it
be ACTUALLY CARRIED AWAY
3. Intent to gain (animus lucrandi)
4. By means of violence against or intimidation of persons (VIP)
OR use of force upon things (FUT)
TAKING
People v. Tan, 320 S 30
Taking felonious taking is the act of depriving another of his
personal property with animus non-revertendi

NOTE that trespass to dwelling is ABSORBED BY THE GREATER


OFFENSE especially when the original intent is to kill

Gravamen of the offense  taking with intent to gain

ART. 282 GRAVE THREATS

People v. Bustinera, 8 June 2004


Taking NEED NOT BE PERMANENT, may be temporary

What is the difference between robbery and extortion?


Robbery takes place when the property is taken in possession right
then and there, or at the moment of the robber

NOTE decision in Laurel v. Judge Abrogar, 13 Jan 2009, which


recognized theft of services  is it now possible to commit robbery of
services?

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
To TAKE INCLUDES ANY ACT INTENDED TO TRANSFER
POSSESSION
People v. Bukalan, 410 S 470
Taking is COMPLETE and robbery is consummated even if
possession was only for a brief period of time
Valenzuela v. People
NO FRUSTRATED ROBBERY/THEFT
MERALCO v. Peng, 492 S __***
INTENT TO GAIN
The intent to gain is enough, ACTUAL GAIN IS IRRELEVANT IN
ROBBERY OR THEFT  also, NOT LIMITED TO PECUNIARY
BENEFIT, other benefits may also be considered
There is a PRESUMPTION OF INTENT TO GAIN in the taking of
property
Gaviola v. People
In all cases where one takes property UNDER CLAIM, IN GOOD
FAITH, OF TITLE  NO ROBBERY or THEFT, BUT liable for
COERCION, EVEN IF IT EVENTUALLY APPEARS THAT
PROPERTY WAS NOT ACTUALLY OWNED BY HIM good faith is
important

Page 46 of 60
CG Meneses
US v. Albao
Theft of DANGEROUS DRUGS  possible, or robbery, if with VIP or
FUT
What if AFTER the taking, VIP committed? THEFT, NOT
ROBBERY, except when it comes within the special complex crimes
or robbery with homicide or rape as the case may be
What is intimidation?
Sazon v. Sandiganbayan, 10 Feb 2009
Intimidation is unlawful coercion, extortion, duress, or putting in fear.
In robbery with VIP, the intimidation consists in causing or creating
fear in the mind of a person or bringing in a sense of mental distress
in view of a risk or evil that may be impending, real or imagined
What about SNATCHING?
Liability depends
if NO INJURY committed
If with VIP

THEFT
ROBBERY

Mabunga v. People, 421 S 510


One in possession of RECENTLY stolen property is PRESUMED
THE PRINCIPAL OR THE ACTOR  presumption is rebuttable, BUT
possession may be actual or constructive
ART. 294 ROBBERY WITH VIP

People v. Reyes
The owner of a property who STEALS HIS OWN PROPERTY WHEN
UNDER THE CUSTODY OR IN THE POSSESSION OF A BAILEE
liable for either robbery or theft as the case may be

ROBBERY WITH HOMICIDE

PERSONAL PROPERTY
Any property no defined as real property by the Civil Code, AND
capable of APPROPRIATION

People v. De Jesus, 224 S __


There is no crime as robbery with homicide through reckless
imprudence  still, robbery with homicide

Homicide generic, includes parricide, infanticide, and murder


Homicide MUST BE CONSUMMATED

What if the homicide is attempted or frustrated?

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Either separate crimes, or Art. 48 applies
There is no robbery with murder  qualifying circumstances become
generic aggravating
On the Occasion
Means CONTEMPORANEOUSLY with the robbery
By Reason
Not necessarily contemporaneously, but WITH LEGAL, LOGICAL
CONNECTION between the robbery and the homicide
Intimate Relation/Logical Connection
1. To facilitate commission of robbery
2. To facilitate escape
3. To preserve possession of loot
4. To eliminate witnesses
What if the victim is caught in the crossfire between police and
robbers, is this robbery with homicide? YES
What if the person killed is a bystander, is this robbery with
homicide? YES
IT DOES NOT MATTER WHO THE VICTIM OF THE ROBBERY OR
HOMICIDE IS, HE NEED NOT EVEN BE INVOLVED IN THE
ROBBERY, ONLY A RATIONAL CONNECTION BETWEEN THE
ROBBERY AND THE DEATH IS NEEDED  thus, even when it is
one of the robbers who died, this is still robbery with homicide
However homicide is committed  can either be negligent/accidental
or intentional, AS LONG AS THE ORIGINAL INTENT IS TO ROB
People v. Gardon, 104 P 171
Even if it was the policeman who shot and killed the bystander 
ROBBERY WITH HOMICIDE

Page 47 of 60
CG Meneses
What if victim was killed first, and his property was taken?
HOMICIDE AND THEFT, theft merely an afterthought
NOTE that INTENT to rob IS NOT THE ONLY GAUGE OF
LIABILITY(?)
People v. Tidong, 225 S 324
Intent TO GAIN is enough, even if there is no intent to rob
What about multiple deaths? INCLUDED, no crime of robbery with
MULTIPLE homicide
People v. Caroso
People v. Quejada, 425 S __
ROBBERY WITH RAPE
Rape ACCOMPANIED the robbery
Thus, original intent is to ROB
Rape MUST BE CONSUMMATED
What if robbery is a mere afterthought after rape and killing?
RAPE WITH HOMICIDE AND THEFT
What about multiple rapes? INCLUDED, and irrespective of
number of times
People v. Suyu
SEXUAL ASSAULT IS ABSORBED by robbery with rape  there is
no such crime as robbery with sexual assault
People v. Angeles, 224 S 251
Rape is not to be complexed IF IT DID NOT ACCOMPANY THE
ROBBERY, meaning, the RAPE IS NOT DONE AT THE SITUS OF
THE ROBBERY

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
What about robbery with mutilation, or arson?
FOLLOW RULE AS IN RAPE MUST BE CONTEMPORANEOUS,
not merely by reason of the robbery, since Art. 294, par. 1 uses the
word accompanied
RELATE to Art. 262

Page 48 of 60
CG Meneses
7 Oct 2009
ART. 306 BRIGANDAGE
RELATE Arts. 306 and 307 to PD No. 532
Highway robbery may be committed by only one person, provided
that there is evidence that on prior occasions the accused have been
engaged in similar robberies  attempts or prior consummation

ART. 296 DEFINITION OF BAND


Did RA No. 8294 AMEND Art. 296? YES
NOTE that use of unlicensed firearm is a special aggravating
circumstance
RELATE to PD No. 532 there must be evidence of indiscriminate
activity
ART. 297 HOMICIDE COMMITTED ON OCCASION OF
ATTEMPTED/FRUSTRATED ROBBERY

If the offender commits a particular robbery with a particular victim 


ROBBERY only, not robbery on a highway
This is an exception to Rule on Evidence of similar acts
ART. 308 THEFT
Gaviola v. People, 480 S 436
Elements:
1. Personal property is taken
2. Property belongs to another
3. Intent to gain
4. Taking done without consent
5. Without VIP, FUT

NOTE that there is no FRUSTRATED robbery or theft


May one be liable for theft even if there is VIP? YES, if the VIP is
perpetrated AFTER the taking of property
ART. 299 ROBBERY WITH FUT
Napolis v. People
People v. Araraw, 110 S 410

People v. Cruz, 429 P 511


Offender killed the victim, and as an afterthought, stole personal
property of victim  TWO CRIMES murder or homicide, AND theft,
since there is no violence or intimidation in connection with the taking

ART. 302 ROBBERY IN UNINHABITED PLACE

If taking merely an afterthought  THEFT

The SC has ruled that uninhabited place in Art. 302 actually means
uninhabited HOUSE (in contrast to Art. 299)

People v. Moreno, 425 P 526


The accused raped victim, while victim unconscious, accused took
necklace and watch of victim  TWO CRIMES rape AND theft,

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Justice Callejo | 4A | I-2009
even if there is violence in connection with rape, but taking was
without VIP
NO frustrated theft
Presumption one found in possession of recently stolen property
presumed the author of the taking
If accused found in possession of part of stolen property
presumption for entire property? YES
People v. Lopez, 25 P 529
Refers to either actual or constructive possession
People v. Sellano(?)
Gain not necessarily pecuniary gain
US v. Vera, 43 P 1000
If a person receives property for a particular purpose or intention, but
does not apply property for specific purpose  CRIME THEFT,
NOT ESTAFA
Borse(?) v. CA, 387 P 15
Material Possession possession in robbery and theft by offender;
possession which the offender cannot set up against the owner of the
property; DE FACTO POSSESSION
Juridical Possession possession which gives to the transferee a
right over the property which the transferee may set up against the
transferor; DE JURE POSSESSION
Galang v. People, 444 S 98
Possession of a teller of a bank, mere material possession; bank
acquires juridical possession

Page 49 of 60
CG Meneses
Laurel v. Judge Abrogar, 13 Jan 2009
What is personal property that may be the object of theft? Any
property, tangible or intangible, corporeal or incorporeal, capable of
appropriation
Is business capable of appropriation? YES, under Sec. 2 of the
Bulk Sales Law
Is there such a thing as theft of services? YES, the petitioners use
of Laurels communications facilities without PLDTs permission is
theft  a voice call is transmitted as electricity, and electricity, from
the Civil Code, is personal property, and thus, international or
domestic telephone service may be the subject of theft
What are covered as personal properties?
1. Intangibles
2. Electrical energy
3. Gas
4. Commercial documents
5. Checks
6. Promissory notes
7. Invoices
8. Evidence in credit, even if credit is valueless
THUS, appropriation of forces of nature under the control of man by
means of tampering, may now be penalized as theft
San Jose v. Kamurungan, 488 S 102
People v. De Leon, 49 P 437
If theft of several property is committed in one occasion, even if
owned by different people, ONE THEFT  single criminal intent
Lauro Santos v. People, 29 Jan 1990
When no repairs made on a car delivered by owner, and shop owner
sold the same to another person  THEFT

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Justice Callejo | 4A | I-2009
PAR. 2(1)
THEFT OF LOST PROPERTY
Elements:
1. Offender finds lost property
2. No delivery to proper authority
3. Intent to gain
People v. Rodrigo, 16 S 475
Local Authority municipal mayor
US v. Serna, 21 P __
Law does not fix a timeline, depends on the circumstances
People v. Avila, 44 P 720
Lost generic term, may include loss by someone stealing it, or any
act by any person other than owner, or owner losing the property
People v. Rodrigo
NO theft of lost property by CULPA law requires intent; crime is
malum in se  intent to gain is presumed from deliberate refusal of
finder to deliver
What if property is given to policeman (not to mayor)? LIABLE
FOR THEFT
ART. 310 QUALIFIED THEFT
ABUSE OF CONFIDENCE
People v. Song, 63 P 369
There must be, between the offender and the offended, a relation of
dependence, guardianship, or vigilance of the property
Grave abuse must originate from special relation of intimacy and
confidence between offender and offended party

Page 50 of 60
CG Meneses
People v. Sison, 322 S 345
Accused, branch manager of a bank, took money from vault of bank
QUALIFIED THEFT
People v. Lucson, 57 P 325
How about bank teller? QUALIFIED THEFT, not merely theft
People v. Bago, 330 S 115
Person in-charge of materials and head of the department 
QUALIFIED THEFT
Rebucan v. People, 507 S 332
Cashier of a company or a bank  QUALIFIED THEFT
People v. Mercado, 397 S 746
Manager of a jewelry store  QUALIFIED THEFT
People v. Seranilla, 244 P 295
Trusted employee connives with a non-employee? ONLY
EMPLOYEE LIABLE FOR QUALIFIED THEFT, person who
connives, with no relation to company, SIMPLE THEFT (even if there
is conspiracy)
MAIL MATTER
Avecilla v. People, 11 June 1992
Mail matter subject of qualified theft RA No. 7354 all matters
authorized by the government to be delivered through the postal
service; includes letters, parcels, printed materials, money orders
Does not matter if registered mail matter or not
Marcelo v. Sandiganbayan, 302 S 102
Whether employee or not  qualified theft; private individual who
steals mail matter
CARNAPPING
Art. 310 amended by RA No. 6539

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Page 51 of 60
CG Meneses

Theft of motor vehicle, now CARNAPPING


1. Intent to gain
2. Taking of motor vehicle
3. Belonging to another
4. Without consent of owner
5. By VIP or FUT, or EVEN WITHOUT VIP/FUT

2. Vehicles which run only on trains or tracks


3. Tractors, trailers, and traction engines of all kinds USED
EXCLUSIVELY FOR AGRICULTURAL PURPOSES
A TRAILER, when propelled or intended to be propelled BY
ATTACHMENT TO A MOTOR VEHICLE, shall be classified as a
separate motor vehicle

People v. Tan, 323 S 30***


Robbery and Theft, different from carnapping anti-carnapping law
deals EXCLUSIVELY with theft or robbery of motor vehicle  so that
without the law, this is either theft or robbery

People v. Bustinera, 431 S 284***


Although driver had lawful possession, act of not returning car
contrary to agreement to return at the time fixed, transformed
character of possession into an unlawful one  presumption is taking
with intent to gain (note that car was later found in an abandoned lot)

Intent to gain is enough actual gain not necessary


Mere use of the car constitutes GAIN in contemplation of the law
SPECIAL COMPLEX CRIME OF CARNAPPING WITH HOMICIDE,
MURDER, OR RAPE
People v. Mejia, 275 S 127
If the driver or occupant of motor vehicle is killed or raped, single
indivisible offense, special complex crime
For the special complex crime to be committed, constituent offenses
MUST BE CONSUMMATED
Supposing, in the course of the carnapping, person is injured,
not killed, or there was attempt to rape, not raped?  included in
commission with VIP penalty is for carnapping with VIP
What if two persons died/raped?
Other homicide/murder/rape ABSORBED, BUT ONLY TO OWNER,
DRIVER, OR OCCUPANT of motor vehicle
Other than these persons, SEPARATE CRIME
MOTOR VEHICLE
Any vehicle propelled by any power OTHER THAN MUSCULAR
POWER using the public highways, EXCEPT:
1. Road rollers, trolley cars, street-sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork lifts, amphibian trucks, and
cranes IF NOT USED ON PUBLIC HIGHWAYS

People v. Calabroso, 340 S 332***


For crime of carnapping with homicide to be committed, THE
ORIGINAL INTENTION OF THE OFFENDER MUST BE TO
CARNAP THE CAR, and on the occasion or by reason of the
carnapping, a person is killed
The killing or raping may take place BEFORE or AFTER carnapping,
AS LONG AS THERE IS INTIMATE CONNECTION with the
carnapping
People v. Garcia, 400 S 229***
Even if at the inception of the incident, offenders are in lawful
possession of the car by receiving it from the owner of the
establishment, but later on killed the driver and took the car 
CARNAPPING with homicide/murder
It is not required that the car be taken from the owner, it may also be
taken from an employee in-charge of the car
Izon v. People, 117 S __
Motorized tricycle is a motorized vehicle

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Is abandonment of car an exempting circumstance? NO, the fact
is that he still took and used the car
Supposing the offender carnapped a vehicle which he knew was
stolen? NOT AN ACCESSORY, since under anti-carnapping law, no
penalty for accessory, BUT criminally liable for anti-fencing law

Page 52 of 60
CG Meneses
Castrodes v. Ponelo, 83 S 670
If accused usurps real rights of another, and commits violence by
killing another  TWO CRIMES usurpation, and homicide
NO crime of usurpation with homicide
ART. 315 ESTAFA

Presumption that one in possession, the principal  applies to


carnapping
People v. Tunday
What if car contains cargo, and cargo also stolen? TWO CRIMES
 carnapping AND theft do not apply Art. 48, since Art. 48 applies
to felonies
People v. Prado, 254 S 531
CATTLE RUSTLING
PD No. 532
People v. Villacanta, 420 P 394
PD No. 533 is an amendment of Arts. 309 and 310 of the RPC
People v. Macatanda, 109 S 95
Encanta v. People, 405 P 726
For one to be liable for cattle rustling, TAKING not essential; KILLING
CATTLE IS ENOUGH

MISAPPROPRIATION/CONVERSION
Salazar v. People, 437 S 41
Elements:
1. Money, goods, or other personalty received by offender in
trust or on commission or for administration, with duty to
return the SAME (not a substitute)
2. Misappropriation or conversion OR denial of having received
property
3. To the prejudice of another
4. There is demand by the other party
US v. Pascual, 10 P __
Goods or property anything which, owing to its value, may be an
article of trade; includes documents, deeds of sale, PNs, checks,
receipts
Murao v. People, 462 S 366
Phrase with obligation to return the same thing contracts of
bailment, i.e., lease, personal property, lease, commodatum, deposit

Even if cattle is taken from caretaker


QUALIFIED CATTLE RUSTLING
People v. Martinada, 519 1991
When on the occasion of cattle rustling, person is killed
ART. 312 USURPATION
People v. Alfeche, 211 S 770

Goods or merchandise deposited or kept for the depositor until such


time as demanded by the depositor
ESTAFA transfer of juridical possession to offender by offended
THEFT material possession
THERE IS FIDUCIARY RELATIONSHIP transfer originates from
consent of the offended party, express or implied, as in the sense
used in Civil Law  essential element of estafa under this provision

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Justice Callejo | 4A | I-2009

Page 53 of 60
CG Meneses
Estafa is malum in se

Galvez v. CA, 42 S 278


Without fiduciary relationship, NO ESTAFA

Sesbreno v. CA, 240 S 606


Money market transactions

Manahan v. CA, 255 S 202


Pari delicto doctrine not applicable in criminal cases
People v. Trinidad, 53 OG 731
Conversion (destraer) use or disposal of property entrusted as if it
were ones own
Ong v. People, 25 Apr 1989
Misappropriation to own, or take property of another for ones own
benefit or advantage; includes any attempt to dispose of the property
of another without any legal right
Lee v. People, 455 S 256
Salazar v. People, 391 S __
Even temporary disturbance of property rights constitute
misappropriation
Batulanon v. People, 502 S 35
Misappropriation need not be permanent
Tan v. People, 513 S 194
Salazar v. People, 336 S 531
Prejudicial to another need not be the owner of the property
entrusted to another; prejudice or damage falls on someone other
than the owner/perpetrator of the crime
People v. Soriano, 7 S 498
No need for demand not an essential element of crime  even if
there is no demand AS LONG AS THERE IS DIRECT OR
CIRCUMSTANTIAL EVIDENCE OF MISAPPROPRIATION crime is
committed
GOOD FAITH a defense under this provision if there is justification
for failure to return, accused may be acquitted

Tanso v. Drilon, 329 S __


Libuit v. CA, 469 S 310, [compare to Santos v. CA]
Petitioner sold cylinder and engine charged with estafa 
CORRECT, since car was held in trust by petitioner, because it was
delivered for repairs, and there is obligation to return the same thing
US v. Lim, 36 P 692
If fraud and deceit concurs with abuse of confidence  estafa with
abuse of confidence
Ilagan v. CA, 239 S 575
As many crimes of estafa as number of persons from whom collection
is made on different dates
If without authority to collect in the first place without juridical
possession  so according to Justice Callejo: THEFT, not estafa
Vallarta v. CA, 150 S 337***
If the accused and complainant entered into sale or return of jewelry
transaction  ownership is transferred to the offender-vendee with a
right to return
Gonzales v. Fiscal
Guingona v. Fiscal
Quinto v. People, 305 S 708
NOVATION may extinguish criminal liability / prevent party from filing
the case
If novation happens during pendency of case, NO
EXTINGUISHMENT of criminal liability

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Justice Callejo | 4A | I-2009
8 Oct 2009
TRUST RECEIPTS LAW
PD No. 115

Page 54 of 60
CG Meneses
TAKING UNDUE ADVANTAGE OF SIGNATURE
Prejudice same prejudice as in par. 1(b)
Crime is committed with abuse of confidence
Ang v. Lucero, 449 S 157

Trust Receipt Transaction


Obligations of Trustee (Sec. 9)
1. Deliver to entrustor the goods acquired by the entrustee
2. Remit the proceeds of the sale of such goods
3. Failure of the entrustee, constitutes a crime under PD No. 115
Not simply a loan transaction between debtor and creditor 
transaction has a security feature embedded
Metrobank v. Tonda, 392 S 797
Acts in PD No. 115 constitute estafa
People v. Nitafan, 207 S 726
Metrobank v. Tonda, 338 S 254
Crime is malum prohibitum  intent to defraud or criminal intent not
required
Metrobank v. Go, 23 Nov 2007
Goods which were imported were in fact in the warehouse, and the
proceeds not misappropriated by the company, and there was no
intent to defraud the offended party
Ong v. CA, 449 P 691
Under PD No. 115, OFFICERS, NOT THE CORPORATION, ARE
LIABLE  since these officers are those that acted for the
corporation
Gonzales v. HSBC, 19 October 2007
Law on Agency DOES NOT APPLY TO CRIMINAL CASES
When a person participates in a crime, he cannot plead having acted
only as an agent

FICTITIOUS NAME/FALSE PRETENSE


RCL Feeders Ltd. v. Perez, 445 S 696
Elements:
1. False pretense, fraudulent act or means committed prior to or
simultaneous with commission of fraud to cause damage to
injured party
2. Offended party relied on the false pretense, fraudulent act or
means
Preferred HomeSpecialties, Inc. v. CA, 16 December 2005 ***
False pretense any trick or device whereby the property of another
is obtained
Fraudulent act/representations those acts proceeding from or
characterized by fraud, the purpose of which is to deceive
Fraudulent means representations of one inducing another to act
to its own injury
Representation anything which proceeds from the action or
conduct of the party charged and which is sufficient to create upon
the mind a distinct impression of fact conducive to action
People v. Menil, 340 S 125 ***
Ponzi scheme the fact that early investors were paid the returns on
their investments induced more people to participate in the illegal
scheme with the hope of realizing the same extravagant rate of return
Ruling: DECEIT IS A SPECIES OF FRAUD 
Fraud anything calculated to deceive, including all acts, omissions,
and concealment involving a breach of legal or equitable duty, trust,
or confidence justly reposed, resulting in damage to another, or by
which an undue advantage is taken of another; it is a generic term
embracing all multifarious means which human ingenuity can devise,
and which are resorted to by one individual to secure an advantage

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Justice Callejo | 4A | I-2009
over another by false suggestions or by suppression of truth and
includes all surprise, trick, cunning, dissembling and any unfair way
by which another is cheated
Deceit the false representation of a matter of fact, whether by
words or conduct, by false or misleading allegations, or by
concealment of that which should have been disclosed which
deceives or is intended to deceive another so that he shall act upon it
to his legal injury
Sim v. CA, 428 S 459
Fraud in its general sense
People v. Olermo
Ilagan v. People
If the fraudulent means or deceit occurred AFTER offender has taken
possession of the money of the offended, NO ESTAFA
Vasquez v. People, 22 January 2008
Ancheta v. People
Pablo v. People, 442 S 146
Serrano v. CA, 404 S 639
Illegal Recruitment in Labor Code MAY CONCUR with violation of this
prohibition
POSTDATING CHECK
People v. Gullion, 452 S __
Elements:
1. Postdating a check in payment of an obligation
2. Obligation contracted at the time check was issued
3. Lack or insufficiency of funds
4. Knowledge of lack or insufficiency
5. Damage
Vallarta v. CA, 150 S 336
The drawer commits fraud and deceit if he issues a check against a
closed account deceit

Page 55 of 60
CG Meneses
Lopez v. People, 555 S 523***
It is criminal fraud or deceit in the issuance of a check which is made
punishable under the Revised Penal Code, and not the nonpayment
of a debt
Deceit the false representation of a matter of fact whether by words
or conduct by false or misleading allegations or by concealment of
that which should have been disclosed which deceives or is intended
to deceive another so that he shall act upon it to his legal injury
Fraudulent concealment implies a purpose or design to hide facts
which the other party ought to have
The postdating or issuing of a check in payment of an obligation when
the offender had no funds in the bank or his funds deposited therein
are not sufficient to cover the amount of the check is a false pretense
or a fraudulent act
People v. Ojeda, 430 S 436
For the drawer of the check to be liable, prosecution must prove that
the deceit or fraudulent means existed AT THE TIME OF THE
ISSUANCE OF THE CHECK
People v. Panganiban, 390 P 673
Prosecution must prove that offender obtained goods or money BY
REASON OF THE CHECK, whether the check postdated or not
People v. Cuyugan, 390 S 140
Offended party WOULD NOT HAVE PARTED WITH HIS MONEY
WERE IT NOT FOR THE ISSUANCE OF THE CHECK
Nagrampa v. People, 445 P 440
Check should have been issued AS AN INDUCEMENT, NOT IN
PAYMENT OF A PRE-EXISTING OBLIGATION
Check issued in payment of a pre-existing obligation DOES NOT
CONSTITUTE ESTAFA even if at the time the check was issued, no
funds in account against which check was drawn  in the issuance of
a check in payment of a pre-existing obligation, THE OFFENDER
DOES NOT DERIVE ANY BENEFIT OR CONSIDERATION AT THE

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
TIME OF THE ISSUANCE OF THE CHECK, so no deceit or fraud
thus, issuance of check was not a means to obtain valuable
consideration

Page 56 of 60
CG Meneses

People v. Sabio, Sr., 176 P 212


Deceit or fraud MUST BE THE EFFICIENT CAUSE

People v. Cuyugan
People v. Pacheco
If check issued, without funds, is a guarantee in payment of obligation
of another person DRAWER OF CHECK NOT LIABLE FOR
ESTAFA because it is only an evidence of the loan

How about the date of the obligation?


People v. Dinglasan, 437 P __
The date of the obligation entered into being the very date of the
check was issued or postdated is a material ingredient of the crime

People v. Gullion
Recuerdo v. People, 493 S 547
Criminal intent and intent to defraud ARE ESSENTIAL ELEMENTS
OF THE CRIME  GOOD FAITH IS A DEFENSE

How about if the check is not negotiable?


Gutierrez v. Palattao, 292 S 26
Negotiability of check IS NOT THE GRAVAMEN, but the fraud or
deceit employed by the offender is knowingly issuing a worthless
check

If accused drew a check in payment of his capital in a business


and check was dishonored, is this estafa?
Chang v. IAC, 29 Dec 1986
The issuance is in payment of a pre-existing obligation, therefore, NO
ESTAFA

If at the time of the issuance of the check, no funds, but at the time
amount was due, there are funds, NO ESTAFA

Tugbang v. CA, 29 June 1996


If check issued in exchange for cash from payee, with assurance from
accused that check will be sufficiently funded, but check dishonored
 ESTAFA, this is not in payment of a pre-existing obligation, as
check was issued for the purpose of the exchange

People v. Tongko, 290 S 595


Postdating of a check means that at the date of the check, it would be
properly and sufficiently funded
People v. Pacheco, 319 S 595
People v. Reyes, 454 S 635
People v. Holzer, 391 P 396
If at the time of the issuance of the check, offended party knew that
check had no funds  NEGATES ELEMENT OF DECEIT which
constitutes a defense in the charge of estafa
People v. Mario Tan, 382 P 877
If check issued in payment of a NON-EXISTING OBLIGATION, NO
ESTAFA even if no funds NO DAMAGE

Lopez v. People, 555 S 525


Prosecution must prove that offender HAD KNOWLEDGE of the lack
or insufficiency of funds  by direct or circumstantial evidence, OR
BY ADMISSION OF DRAWER
How else is knowledge proved?
Presentation of notice of dishonor of check FROM DRAWEE BANK
Prosecution must also prove RECEIPT OF NOTICE OF DISHONOR
People v. Ojeda, 234 S 436
Failure of the drawer to make the deposit in the time provided by law
 3 DAYS TO PAY THE AMOUNT OF THE CHECK

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Justice Callejo | 4A | I-2009
What if last day falls on holiday?
Jose v. CA, 177 S 594
If the last day falls on a holiday or a non-banking day, drawer has
until next working day to effect payment or deposit amount of check
If accused does not pay or deposit amount in 3 days,
PRESUMPTION OF KNOWLEDGE that account lacks funds or is
closed, or funds insufficient
Bautista v. CA, 413 P 159
Since knowledge of lack or insufficiency of funds is hard to prove, law
creates the presumption of knowledge
Marigomen v. People, 459 S 169
It must be emphasized that since an officer of a corporation is the one
who draws and issues a check on behalf of the corporation, the notice
of dishonor must be served on the officer issuing the check, not on
the corporation
Sec. 114(d) of the NIL provides that there is no need to give
notice of dishonor. Is this controlling? NO
People v. Ojeda***
Lopez v. People***
RPC there must be notice of dishonor (Justice Callejo: DO NOT
APPLY NIL IF ISSUE IS ESTAFA)
RELATE to BP Blg. 22
Navarro v. CA, 229 S __
The prima facie presumption had knowledge, is rebutted by payment
regardless of evidence of prosecution
Drawer of check must be served a copy of dishonor, otherwise,
no criminal prosecution for estafa or BP 22

Page 57 of 60
CG Meneses
Dumagsang v. CA, 5 Dec. 2000
Notice of dishonor MUST BE IN WRITING
May person other than drawer be liable for estafa on account of
the dishonored check?
Andan v. People, 484 S 611
Person other than drawer of a check IS LIABLE FOR ESTAFA IF HE
CONSPIRES WITH THE DRAWER OF THE CHECK TO DECEIVE
OR DEFRAUD the offended party
Sagado v. CA, 170 S 146
People v. Sagado
ONE MAY BE LIABLE FOR BOTH ESTAFA AND BP 22
People v. Nitafan, 215 S __
In BP 22, mere issuance of the check a violation, EVEN IF PAYMENT
OF PRE-EXISTING OBLIGATION
FRAUDULENT MEANS
Inducing another to sign a document
RELATE to Art. 298 violence or intimidation
This provision  deceit
Under BOTH  the victim who signs and delivers the document
assumes a legal obligation so that offender gains
The document MUST BE A COMPLETE DOCUMENT
Evangelista v. People, 277 S __***
Where the victim was deceived by the petitioner to part with his
money in exchange for winning a game  ESTAFA

Timeline 5 days; also with prima facie presumption of knowledge


Verbal notice of dishonor allowed? NO
[In Lopez verbal notice allowed]

This crime is COMMITTED WHEN A DEBTOR DESTROYS A PN TO


PREVENT CREDITOR FROM COLLECTING

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Justice Callejo | 4A | I-2009
ART. 316 OTHER FORMS OF SWINDLING

Page 58 of 60
CG Meneses
People v. Regalado, 1 P 125
Relate to Art. 2125 of the Civil Code, which requires recording

Mallari v. People, 13 Dec 1988


Requirements of 2nd paragraph
Naya v. People, 398 S 364
1. Thing disposed of is real property
2. Offender knew real property encumbered
3. Recorded or not
4. Express (not implied) representation that real property FREE
from encumbrance
5. Act of offender to the prejudice of owner (?)

ART. 318 OTHER DECEITS


Ginhawa v. People, 468 S 278***
RULE  essential that such false pretense is the only cause or
reason why complainant parted with his money
RELATE to Art. 315, par. 2 (a)
Petitioner contended that there is no deceit by concealment, and that
in the law on sales, principle of caveat emptor

Gravamen of offense  DISPOSITION OF LEGALLY


ENCUMBERED PROPERTY UNDER EXPRESS
REPRESENTATION THAT THERE IS NO ENCUMBRANCE

Deceit by words, conduct, by misleading allegations, or by


concealment; when concealment is intended to deceive

If no representation  NOT LIABLE UNDER THIS PROVISION

Suppression of a material fact is DECEIT

What if encumbrance not recorded?


People v. Supnad
MAY STILL BE LIABLE, since the offender is already aware of the
encumbrance even if not recorded
How about a vendee of a property who knew of the
encumbrance?
Antazo v. People, 28 August 1985
Vendee may be liable if he connived with the vendor to deprive
mortgagor
Even if encumbrance is recorded, gravamen of the crime is the
representation of the offender
PRINCIPLE OF CONSTRUCTIVE NOTICE NOT APPLICABLE
UNDER THIS PROVISION

ART. 319 CHATTEL MORTGAGE


For the law to apply, chattel mortgage MUST BE VALID and DULY
REGISTERED
If mortgage void, and not registered, mortgagor NOT LIABLE under
this provision
Does not apply to cars or taxicabs, unless car or motor vehicle is
brought to another place permanently
There must be intent to deceive or defraud mortgagee or offended
party  GOOD FAITH A DEFENSE
People v. Kilayko, 32 P 619
False declaration in deed that there is no encumbrance  ESTAFA

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Justice Callejo | 4A | I-2009
Pledge not correct translation must be MORTGAGE
ART. 320 ARSON
People v. Malngan, 503 S 294***

Page 59 of 60
CG Meneses
ART. 349 BIGAMY
Manuel v. People, 470 S 461
Elements:
1. He has been legally married
2. He contracts a subsequent marriage without the former
marriage having been lawfully dissolved

SIMPLE ARSON/DESTRUCTIVE ARSON


People v. Soriano, 407 S 367
Arson is the malicious burning of property
Whether under PD 1613 or under RPC  THERE IS ONLY ONE
CRIME OF ARSON IRRESPECTIVE OF THE NUMBER OF
HOUSES OR BUILDINGS BURNED ON ONE OCCASION
Is one liable for arson for burning his own property?
LAW DOES NOT PENALIZE, BUT MAY BE LIABLE WHEN IT
EXPOSES LIFE, OR OTHER PROPERTY, TO DANGER
Liable also if he burns his house WHEN OCCUPIED BY A LESSEE
Is there frustrated arson?
People v. Hernandez, 54 P 102
Partially burned house, even if fire later on extinguished  ARSON
CONSUMMATED
Liability IS NOT DETERMINED BY EXTENT OF BURNING
People v. Valdez, 39 P 340
6-A CJS
Arson is consummated however slight the burning may be
But BURNING OF PERSONAL PROPERTY INSIDE A HOUSE, NOT
ARSON
Is there arson by culpa? YES
People v. Bueno, 103 P 183

The felony is consummated on the celebration of the second


marriage or subsequent marriage  the judicial declaration of nullity
of a previous marriage is a defense
In a case where a spouse is absent for the requisite period, the
present spouse may contract a subsequent marriage only after
securing a judgment by instituting summary proceedings declaring
the presumptive death of the absent spouse to avoid being charged
and convicted of bigamy
The judgment is proof of the good faith of the present spouse who
contracted a subsequent marriage  even if the present spouse is
later charged with bigamy if the absentee spouse reappears, he
cannot be convicted of the crime
Carino v. Carino, 351 S 127
Mercado v. Tan, 391 P 809
Petitioner contracted a second marriage although there was yet no
judicial declaration of nullity of his first marriage, and instituted the
petition for nullity only after complainant had filed a letter-complaint
charging him with bigamy  by contracting a second marriage while
the first was still subsisting, he committed the acts punishable under
Art. 349 THAT HE SUBSEQUENTLY OBTAINED A JUDICIAL
DECLARATION OF THE NULLITY OF THE FIRST MARRIAGE WAS
IMMATERIAL
Nicdao v. Carino, 403 P 861
Abunado v. People, 326 S 562
Morigo v. People, 422 S 376

CRIMINAL LAW REVIEW LECTURE NOTES


Justice Callejo | 4A | I-2009
Tenebro v. CA, 423 S 272***
Although the judicial declaration of the nullity of a marriage on the
ground of psychological incapacity retroacts to the date of the
celebration of the marriage insofar as the vinculum between the
spouses is concerned, A DECLARATION OF THE NULLITY OF THE
SECOND MARRIAGE ON THE GROUND OF PSYCHOLOGICAL
INCAPACITY IS OF ABSOLUTELY NO MOMENT INSOFAR AS THE
STATES PENAL LAWS ARE CONCERNED  as soon as the
second marriage was celebrated, during the subsistence of the valid
first marriage, the crime of bigamy had already been consummated
There is no cogent reason for distinguishing between a subsequent
marriage that is null and void purely because it is a second or
subsequent marriage, and a subsequent marriage that is null and
void on the ground of psychological incapacity, at least insofar as
criminal liability for bigamy is concerned

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