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CRIMINAL LAW 2 – FINALS YSRefran Page 1 of 22

- TREACHERY, taking advantage of SUPERIOR


INTENT → ACT → RESULT → INJURY & PENALTY STRENGTH, w/ AID OF ARMED MEN, employing means
to afford IMPUNITY
- In consideration of PRICE, REWARD, PROMISE
CRIMES AGAINST PERSONS - By means of inundation, FIRE, ETC. or any other means
involving great waste and ruin
246. PARRICIDE - On occasion of any PUBLIC CALAMITY
Elements: - W/ EVIDENT PREMEDITATION
1) PERSON is KILLED - W/ CRUELTY, or OUTRAGING OR SCOFFING AT VIC’S
2) DECEASED is KILLED BY ACCUSED PERSON OR CORPSE
3) DECEASED is RELATED TO ACCUSED: 4) Killing ISN’T PARRICIDE OR INFANTICIDE
- (IL) LEGIT PARENT/CHILD
- LEGIT other ASCENDANT/DESCENDANT + CIRCUMSTANCES must be ALLEGED IN INFO &
- LEGIT SPOUSE PROVED IN TRIAL
+ INTENT TO KILL NEEDED to be liable for par. 3 (fire,
PARRICIDE INFANTICIDE poison, explosion, etc.)
- based on RELATIONSHIP - based on AGE OF CHILD + KILLING & ___ = ___
- RELATIONSHIP, PARRICIDE
- committed only by - may be committed by
- QUALIFYING CIRCUMSTANCE, MURDER
RELATIVES enumerated STRANGERS
- NOT > 3 DAYS OLD, INFANTICIDE
- CONSPIRACY - CONSPIRACY
INAPPLICABLE. Separate APPLICABLE. Only one info
+ Treachery – purposeful adoption of means such that
info must be filed filed
victim couldn’t have anticipated and he wasn’t in a position
- concealing mother’s - concealing mother’s
to defend himself
dishonor not a mitigating dishonor is mitigating
+ Price, reward, promise (at least 2 are liable) – must’ve
circumstance
been the motivation for the killing
+ Evident premeditation – intent to do something & planned
+ RELATIONSHIP MUST BE ALLEGED IN INFO result
- LEGIT except for parent and child + Inundation, fire, poison – latter is something capable of
- DIRECT LINE causing death & evinces purposeful adoption of means
- BY BLOOD except for spouse + Calamity – must’ve facilitated the commission of the
crime by concealing it as it’s done; take advantage of
247. DEATH OR PHYSICAL INJURIES INFLICTED confusion
UNDER EXCEPTIONAL CIRCUMSTANCES + Cruelty – inflict unnecessary injuries (doesn’t cause
Req’ts: death); prolonging the agony before killing
1) LEGALLY MARRIED PERSON/PARENT SURPRISES
SPOUSE/DAUGHTER (latter under 18 and living w/ parent) 249. HOMICIDE
IN ACT OF COMMITTING SEXUAL INTERCOURSE W/ + Unlawful KILLING of any person W/C DOESN’T
ANOTHER PERSON CONSTITUTE PARRICIDE, MURDER, OR INFANTICIDE
2) S/he KILLS ANY OR BOTH OR INFLICTS upon any or Elements:
both SERIOUS PHYSICAL INJURY IN THE ACT OR 1) PERSON was KILLED
IMMEDIATELY THEREAFTER 2) ACCUSED KILLED HIM W/O ANY JUSTIFYING
3) S/he HASN’T PROMOTED OR FACILITATED CIRCUMSTANCE
PROSTITUTION of wife/daughter, or HASN’T 3) Accused had INTENTION TO KILL, w/c is PRESUMED
CONSENTED TO other spouse’s INFIDELITY 4) Killing WASN’T ATTENDED BY ANY OF QUALIFYING
CIRCUMSTANCES OF MURDER, OR by that of
+ Destierro imposed for the protection of the accused PARRICIDE OR INFANTICIDE
against retaliation
+ DEATH caused must be the PROXIMATE RESULT OF + EVIDENCE OF INTENT TO KILL IMPORTANT only IN
OUTRAGE OVERWHELMING the ACCUSED. Killing ATTEMPTED OR FRUSTRATED HOMICIDE
should’ve been actually motivated by the same blind + INTENT TO KILL usually shown by WEAPON USED
impulse – KILLING DIRECT BY-PRODUCT OF AND NATURE & LOCATION OF WOUND
ACCUSED’S RAGE + There’s a presumption of intention to kill
+ ACCUSED LIABLE for consequence of his + USE OF UNLICENSED FIREARM is an AGGRAVATING
NEGLIGENCE, such as when 3RD PERSONS IN THE CIRCUMSTANCE in homicide
VICINITY ARE HURT IN THE COURSE + ACCIDENTAL HOMICIDE: death of a person brought
about by a lawful act performed with proper care and skill,
248. MURDER and without homicidal intent
+ Unlawful KILLING of any person which ISN’T
PARRICIDE OR INFANTICIDE, provided any of the 250. PENALTY FOR FRUSTRATED PARRICIDE,
enumerated circumstances is present MURDER OR HOMICIDE
Elements:
1) PERSON was KILLED 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY
2) ACCUSED KILLED PERSON Elements:
3) KILLING ATTENDED BY ANY OF FF. QUALIFYING 1) SEVERAL PERSONS
CIRCUSTANCES:

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CRIMINAL LAW 2 – FINALS YSRefran Page 2 of 22
2) DIDN’T COMPOSE GROUPS ORGANIZED FOR - ACCUSED ACTS UPON SUCH PREGNANT WOMAN W/
ASSAULTING & ATTACKING EACH OTHER reciprocally HER CONSENT
3) PERSONS QUARRELLED & ASSAULTED ONE 3) As a RESULT OF #2, FETUS DIES, ETIHER IN THE
ANOTHER IN CONFUSED & TUMULTUOUS MANNER WOMB OR AFTER HAVING BEEN EXPELLED
4) SOMEONE was KILLED in course of affray THEREFROM
5) CAN’T BE ASCERTAINED WHO KILLED DECEASED 4) ABORTION is INTENDED
6) PERSONS WHO INFLICTED SERIOUS PHYSICAL
INJURIES OR USED VIOLENCE CAN BE IDENTIFIED + PERSON WHO INTENTIONALLY CAUSED ABORTION
LIABLE. If WOMAN CONSENTED, SHE’S LIABLE UNDER
+ Per 153: TUMULTUOUS = AT LEAST 4 PERSONS 258
TOOK PART + If FETUS could SUSTAIN INDEPENDENT LIFE AFTER
+ Those who used violence only upon vic’s person are ITS SEPARATION FROM the MATERNAL WOMB, AND
liable for 251 only if it can’t be determined who inflicted the IT’S KILLED, crime is INFANTICIDE
serious physical injuries on the deceased
257. UNINTENTIONAL ABORTION
252. PHYSICAL INJURIES INFLICTED IN A Elements:
TUMULTUOUS AFFRAY 1) PREGNANT WOMAN
Elements: 2) VIOLENCE USED UPON SUCH PREGNANT WOMAN
1) TUMULTUOUS AFFRAY W/O INTENDING AN ABORTION
2) PARTICIPANT/S SUFFER (LESS) SERIOUS 3) VIOLENCE is INTENTIONALLY EXERTED
PHYSICAL INJURIES 4) As a RESULT OF VIOLENCE THE FETUS DIES, either
3) PERSON RESPONSIBLE CAN’T BE IDENTIFIED IN THE WOMB OR AFTER HAVING BEEN EXPELLED
4) ALL those WHO APPEAR TO HAVE USED VIOLENCE THEREFROM
UPON PERSON OF OFFENDED PARTY are KNOWN
+ Violence is used without intending abortion
253. GIVING ASSISTANCE TO SUICIDE + May be COMMITTED BY STRANGERS
Punished acts: + NO INTENTION TO CAUSE ABORTION + NO
1) ASSISTING ANOTHER TO COMMIT SUICIDE, VIOLENCE = NO ABORTION OF ANY KIND. Can’t be
WHETHER suicide is CONSUMMATED OR NOT unintentional abortion because no violence was used
2) LENDING his ASSISTANCE TO ANOTHER TO
COMMIT SUICIDE TO the EXTENT OF DOING THE 258. ABORTION PRACTICED BY THE WOMAN
KILLING HIMSELF HERSELF OR BY HER PARENTS
Elements:
+ NECESSARY that the INITIATIVE COMES FROM SICK 1) PREGNANT WOMAN WHO SUFFERED an ABORTION
PERSON – WHAT IS PUNISHED IS ASSISTANCE IN the 2) ABORTION is INTENDED
COMMISSION OF SUICIDE 3) ABORTION is CAUSED BY
+ PERSON WHO ATTEMPTS to commit SUICIDE NOT - PREGNANT WOMAN herself
CRIMINALLY LIABLE - ANY OTHER PERSON, W/ HER CONSENT
- ANY OF HER PARENTS, W/ HER CONSENT FOR the
254. DISCHARGE OF FIREARMS purpose of CONCEALING HER DISHONOR
Elements:
1) ACCUSED SHOT AT ANOTHER person W/ A FIREARM + NO MITIGATION FOR PREGNANT WOMAN’S
2) Accused had NO INTENTION TO KILL PARENTS unlike in infanticide

+ OFFENDER’S PURPOSE: INTIMIDATE OR FRIGHTEN 259. ABORTION PRACTICED BY A PHYSICIAN OR


OFFENDED PARTY MIDWIFE AND DISPENSING OF ABORTIVES
Elements:
255. INFANTICIDE 1) PREGNANT WOMAN WHO SUFFERED an ABORTION
+ KILLING OF any CHILD LESS THAN 3 DAYS OLD 2) ABORTION is INTENDED
Elements: 3) OFFENDER, who’s a PHYSICIAN OR MIDWIFE,
1) CHILD was KILLED CAUSED OR ASSISTED IN CAUSING the ABORTION
2) DECEASED child was < 3 DAYS (72 HRS) OF AGE 4) Said PHYSICIAN/MIDWIFE TOOK ADVANTAGE OF
3) ACCUSED KILLED SAID CHILD HIS/HER SCIENTIFIC KNOWLEDGE/SKILL
As to pharmacists:
+ BASIS of crime: AGE OF CHILD 1) Offender is a PHARMACIST
+ ONLY THE MOTHER & MATERNAL GRANDPARENTS 2) NO PROPER PRESCRIPTION FROM a PHYSICIAN
OF THE CHILD are ENTITLED TO the MITIGATING 3) Offender DISPENSES ANY ABORTIVE
CIRCUMSTANCE OF CONCEALING THE DISHONOR
260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL
256. INTENTIONAL ABORTION Punished acts:
Elements: 1) KILLING one’s ADVERSARY IN A DUEL
1) PREGNANT WOMAN 2) INFLICTING UPON such ADVERSARY PHYSICAL
2) ONE OF THE FF: INJURIES
- VIOLENCE is EXERTED 3) MAKING A COMBAT although no physical injuries have
- DRUGS/BEVERAGES ADMINISTERED W/O WOMAN’S been inflicted
CONSENT

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CRIMINAL LAW 2 – FINALS YSRefran Page 3 of 22
Persons liable: + Must be NO INTENT TO KILL. If there’s intent to kill, the
1) PERSON WHO KILLED OR INFLICTED PHYSICAL crime is attempted or frustrated homicide/murder
INJURIES UPON HIS ADVERSARY, OR BOTH + Serious physical injuries by EXCESSIVE
COMBATANTS IN ANY OTHER CASE, as principals CHASTISEMENT BY PARENTS aren’t qualified
2) SECONDS, as accomplices
264. ADMINISTERING INJURIOUS SUBSTANCES OR
261. CHALLENGING TO A DUEL BEVERAGES
Punished acts: Elements:
1) CHALLENGING ANOTHER TO A DUEL 1) OFFENDER INFLICTED any SERIOUS PHYSICAL
2) INCITING ANOTHER TO GIVE OR ACCEPT a INJURY UPON ANOTHER
CHALLENGE TO A DUEL 2) Done by KNOWINGLY ADMINISTERING TO HIM any
3) SCOFFING AT OR DECRYING ANOTHER PUBLICLY INJURIOUS SUBSTANCES OR BEVERAGES OR BY
FOR HAVING REFUSED TO ACCEPT A CHALLENGE TO TAKING ADVANTAGE OF his WEAKNESS OF MIND OR
FIGHT A DUEL CREDULITY
3) Had NO INTENT TO KILL
+ Immediate vindication of one’s honor
+ Prohibited – it’s an extralegal means of resolving 265. LESS SERIOUS PHYSICAL INJURIES
disputes; contravention of the justice system Elements:
1) OFFENDED PARTY INCAPACITATED FOR LABOR OR
262. MUTILATION NEEDS MEDICAL ASSISTANCE FOR 10≤x<30 DAYS
+ LOPPING OR CLIPPING OFF OF SOME BODY PART 2) PHYSICAL INJURIES NOT THOSE DESCRIBED IN
Punished acts and elements: PRECEDING ARTS.
1) INTENTIONALLY MUTILATING ANOTHER BY
DEPRIVING HIM, TOTALLY OR PARTIALLY, OF some Qualified less serious physical injuries when:
ESSENTIAL ORGAN FOR REPRODUCTION 1) There’s MANIFEST INTENT TO INSULT OR OFFEND
a) CASTRATION (mutilation of organs necessary INJURED PERSON
for generation, such as the penis or ovarium) 2) Vic is either
b) MUTILATION is CAUSED PURPOSELY & a) Offender’s PARENTS, ASCENDANTS,
DELIBERATELY, that is, to deprive offended party of some GUARDIANS, CURATORS, OR TEACHERS
essential organ for reproduction b) Persons OF RANK OR IN AUTHORITY,
2) INTENTIONALLY MAKING OTHER MUTILATION, other PROVIDED the CRIME ISN’T DIRECT ASSAULT
than the essential reproductive organ, TO DEPRIVE HIM
OF THAT PART OF HIS BODY 266. SLIGHT PHYSICAL INJURIES AND
a) MUTILATION INVOLVING BODY PART MALTREATMENTS
OTHER THAN an ORGAN FOR REPRODUCTION Punished acts:
b) MUTILATION DONE w/ deliberate purpose of 1) Physical injuries w/c INCAPACITATED OFFENDED
DEPRIVING A PERSON OF THAT BODY PART PARTY FOR LABOR OR REQUIRED MEDICAL
ATTENDANCE FROM 1≤x≤9 DAYS
263. SERIOUS PHYSICAL INJURIES 2) Physical injuries w/c DIDN’T PREVENT OFFENDED
How committed: PARTY FROM ENGAGING IN HABITUAL WORK OR
1) Wounding DIDN’T REQUIRE MEDICAL ATTENDANCE
2) Beating 3) ILL-TREATMENT OF ANOTHER BY DEED W/O
3) Assaulting CAUSING ANY INJURY
4) Administering injurious substance
+ It’s only slight physical injury when there’s no medical
Classes attendance or incapacity for labor
1) Injured person becomes INSANE, IMBECILE, + ONLY SLIGHT PHYSICAL INJURIES when there’s NO
IMPOTENT, OR BLIND EVIDENCE OF ACTUAL INJURY
2) Injured person
a) LOSES USE OF SPEECH OR POWER TO RA 8049 – HAZING REGULATION ACT
HEAR/SMELL, OR LOSES EYE/HAND/FOOT/ARM/LEG + Hazing: INITIATION rite or practice AS PREREQUISITE
b) LOSES USE OF ANY SUCH MEMBER FOR ADMISSION INTO membership in a
c) Becomes INCAPACITATED FOR WORK he FRAT/SORO/ORG BY PLACING the APPLICANT IN
was HABITUALLY ENGAGED SOME EMBARRASSING OR HUMILIATIONS OR
3) Injured person otherwise subjecting him to PHYSICAL OR
a) DEFORMED PSYCHOLOGICAL SUFFERING OR INJURY
b) LOSES ANY OTHER MEMBER OF HIS BODY + ORGANIZATION includes any club of the AFP, PNP,
c) LOSES USE THEREOF PMA, OR officer & cadet corps of CMT or CAT
d) Becomes ILL OR INCAPACITATED FOR + VIOLATIONS (if person subjected to hazing or other
PERFORMANCE OF WORK he was HABITUALLY forms of initiation rites suffers any physical injury or dies as
ENGAGED IN FOR >90 DAYS a result thereof) are MALA IN SE
4) Becomes ILL OR INCAPACITATED FOR LABOR FOR + Enacted to address violent hazing incidents in schools
30≤x≤90 DAYS as a result of physical injuries inflicted + Solution is more psycho-social than legal

+ MAY BE COMMITTED BY RECKLESS IMPRUDENCE,


OR by SIMPLE IMPRUDENCE OR NEGLIGENCE

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CRIMINAL LAW 2 – FINALS YSRefran Page 4 of 22
RA 8353 – ANTI-RAPE LAW OF 1997 3) COMMITTED IN FULL VIEW of spouse, parent, any of
+ Reclassified rape as a CRIME AGAINST PERSONS. the children or other relatives within the 3rd civil degree of
Implications: consanguinity
1) It’s now a PUBLIC CRIME, W/C MAY BE 4) VIC IS ENGAGED IN LEGIT RELIGIOUS VOCATION or
PROSECUTED EVEN W/O INITIATIVE OF OFFENDED calling and is PERSONALLY KNOWN TO BE SUCH BY
PARTY OFFENDER BEFORE OR AT THE TIME OF
2) May be COMMITTED EVEN AGAINST MALES which COMMISSION of the crime
wasn’t the case in crimes against chastity 5) VIC is a CHILD BELOW 7 YRS OF AGE
3) There is now an IMPOSSIBLE CRIME OF RAPE 6) OFFENDER KNOWS HE’S AFFLICTED W/ HIV/AIDS
because impossible crimes can only be committed against OR OTHER STD AND DISEASE IS TRANSMITTED TO
persons [and property] THE VIC
7) COMMITTED BY MEMBER OF AFP, PNP, OR ANY
+ What the nature or context of sexual abuse is: POWER LAW ENFORCEMENT AGENCY OR PENAL
+ Gap in the law – what if the woman commits act on the INSTITUTION, when OFFENDER TOOK ADVANTAGE OF
man? Presumption of law is there’s no sexual intercourse HIS POSITION TO FACILITATE COMMISSION of the
unless there’s cooperation or willingness on the part of the crime
man 8) By reason or on occasion of the rape, VIC SUFFERED
PERMANENT PHYSICAL MUTILATION OR DISABILITY
266-A. RAPE, WHEN AND HOW COMMITTED 9) OFFENDER KNEW of VIC’S PREGNANCY AT THE
Par. 1 Elements: TIME OF COMMISSION of the crime
1) Offender is a MAN 10) OFFENDER KNEW of MENTAL DISABILITY,
2) Offender HAD CARNAL KNOWLEDGE OF A WOMAN EMOTIONAL DISORDER, AND/OR PHYSICAL
3) Such ACT is ACCOMPLISHED UNDER ANY OF THE HANDICAP OF OFFENDED PARTY AT THE TIME OF
FF. circumstances: COMMISSION of the crime
a) BY using FORCE OR INTIMIDATION
b) When the WOMAN is DEPRIVED OF REASON QUALIFYING CIRCUMSTANCES – RECLUSION
OR otherwise UNCONSCIOUS PERPETUA
c) BY means of FRAUDULENT MACHINATION 1) USE OF DEADLY WEAPON OR BY 2 OR MORE
OR GRAVE ABUSE OF AUTHORITY PERSONS
d) When the WOMAN is UNDER 12 YRS OF AGE 2) VIC BECOMES INSANE on the occasion or by reason of
OR DEMENTED the rape
3) RAPE IS ATTEMPTED & HOMICIDE IS COMMITTED
Par. 2 Elements: by reason or on the occasion thereof
1) Offender commits ACT OF SEXUAL ASSAULT
2) ACT of sexual assault is COMMITTED BY ANY OF THE + RELATIONSHIP & MINORITY (treated as special
FF. MEANS: qualifying circumstances) MUST BE ALLEGED IN INFO
a) BY INSERTING HIS PENIS INTO ANOTHER’S + IMPERATIVE UPON PROSECUTION TO ESTABLISH
MOUTH OR ANAL ORIFICE that the element of VOLUNTARINESS ON PART OF
b) BY INSERTING ANY INSTRUMENT OR VICTIM BE ABSOLUTELY LACKING
OBJECT INTO THE GENITAL OR ANAL ORIFICE OF + Crime of RAPE ABSORBS FORCIBLE ABDUCTION
ANOTHER person WHERE ACCUSED INTENDED AT VERY OUTSET TO
3) ACT of sexual assault ACCOMPLISHED UNDER ANY RAPE VIC WHEN HE ABDUCTED HER
OF THE FF. circumstances: + Info must allege the circumstance/s
a) BY using FORCE OR INTIMIDATION
b) When the WOMAN is DEPRIVED OF REASON 266-C. EFFECT OF PARDON
OR otherwise UNCONSCIOUS 1) SUBSEQUENT MARRIAGE BET. OFFENDER &
c) BY means of FRAUDULENT MACHINATION OFFENDED PARTY EXTINGUISHES CRIMINAL ACTION
OR GRAVE ABUSE OF AUTHORITY OR PENALTY IMPOSED
d) When the WOMAN is UNDER 12 YRS OF AGE 2) SUBSEQUENT FORGIVENESS BY THE WIFE, IN
OR DEMENTED CASE LEGAL HUSBAND IS THE OFFENDER,
EXTINGUISHES CRIMINAL ACTION OR PENALTY,
+ FORCE EMPLOYED against victim NEED NOT BE OF UNLESS MARRIAGE IS VOID AB INITIO
SUCH CHARACTER AS COULD BE RESISTED.
Prosecution must prove that force or intimidation was + All elements for valid marriage should be present
actually employed by the offender upon his victim to
achieve his end. 266-D. PRESUMPTIONS
EVIDENCE which may be ACCEPTED IN PROSECUTION
266-B. PENALTIES of rape:
AGGRAVATING/QUALIFYING CIRCUMSTANCES – 1) ANY PHYSICAL OVERT ACT MANIFESTING
DEATH PENALTY RESISTANCE AGAINST THE act of RAPE IN ANY
1) VIC IS UNDER 18 YRS OLD and ACCUSED IS A DEGREE FROM the OFFENDED PARTY
RELATIVE (parent, ascendant, step-parent, guardian, 2) Where OFFENDED PARTY IS SO SITUATED AS TO
relative by consanguinity or affinity w/in 3rd civil degree, or RENDER HIM/HER INCAPABLE OF GIVING CONSENT
common-law spouse of victim’s parent)
2) VIC IS UNDER POLICE OR MILITARY (or law + DIFFERENCE bet. RAPE and ACTS OF
enforcement or penal institution) CUSTODY LASCIVIOUSNESS = PERPETRATOR’S INTENT

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DEDUCIBLE FROM EXTERNAL ACTS. When the - if such 3rd person is a policeman, the second
‘touching’ of the vagina by offender’s penis is coupled w/ crime will be direct assault w/ homicide
intent to penetrate, attempted rape is committed. + Where the TAKING OF the VIC was INCIDENTAL to the
Otherwise, it’s merely acts of lasciviousness. basic purpose to kill, the crime is only murder
+ Term ‘OBJECT’ SHOULD BE CONSTRUED TO
INCLUDE ‘FINGER’ + DIFFERENCE BET. KIDNAPPING AND FORCIBLE
ABDUCTION = PRESENCE/ABSENCE OF LEWD
RA 9262 – ANTI-VAWC DESIGNS. Kidnapping w/ rape is a composite crime if the
+ Kinds of violence against women and their children victim kidnapped was also raped provided INTENTION IS
- Economic TO KIDNAP AND RAPE IS A MERE AFTERTHOUGHT. IF
- Physical RAPE WAS THE INTENTION, the KIDNAPPING WILL BE
- Psychological ABSORBED because it’s the means to commit the rape.
- Sexual + a) RAPE only if ORIGINAL INTENT IS RAPE, even if the
+ Remedies victim was taken away
- Criminal b) KIDNAPPING W/ RAPE if ORIGINAL INTENT IS TO
- Protection order (barangay, temporary, KIDNAP & RAPE WAS merely AN AFTERTHOUGHT
permanent) c) FORCIBLE ABDUCTION W/ RAPE if TAKING WAS W/
+ Barangays and courts directed not to settle the case – LEWD DESIGN & RAPE WAS COMMITTED
PROTECT, BUT DON’T TRY TO COMPEL SETTLEMENT d) KIDNAPPING AND ATTEMPTED RAPE if the rape in b)
+ BWS NOW A DEFENSE was merely attempted
+ Gay relationships not included e) FORCIBLE ABDUCTION only if the rape in c) was
+ No requirement to address disadvantages suffered by merely attempted
men
KIDNAPPING W/ RAPE FORCIBLE ABDUCTION
CRIMES AGAINST PERSONAL LIBERTY AND W/ RAPE
SECURITY Crime is COMPOSITE if Crime is COMPLEX since
woman kidnapped is also forcible abduction is a
267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION raped necessary means to commit
Elements: the rape
1) OFFENDER is a PRIVATE INDIVIDUAL
NO lewd design There is LEWD DESIGN
2) KIDNAPS OR DETAINS ANOTHER, or in any other
Rape merely a Rape here ALSO A CRIME
manner DEPRIVES THE LATTER OF HIS LIBERTY
QUALIFYING circumstance
3) ACT of kidnapping or detention must be ILLEGAL
4) WHAT MAKES IT SERIOUS ILLEGAL DETENTION Multiple rapes = ONLY ONE Multiple rapes = ONLY ONE
a) Kidnapping LASTS FOR MORE THAN 3 DAYS kidnapping w/ rape; others RAPE COMPLEXED w/
b) It is COMMITTED SIMULATING PUBLIC are AGGRAVATING forcible abduction. Other
AUTHORITY rapes treated as
c) Any SERIOUS PHYSICAL INJURIES ARE SEPARATE CRIMES
INFLICTED UPON PERSON KIDNAPPED OR DETAINED Rape merely ATTEMPTED Rape merely ATTEMPTED
OR THREATS TO KILL ARE MADE – 2 SEPARATE CRIMES, – ONLY FORCIBLE
d) Person detained is a MINOR, FEMALE, OR a kidnapping and attempted ABDUCTION; ATTEMPT to
PUBLIC OFFICER rape rape merely a
MANIFESTATION of lewd
+ ESSENTIAL ELEMENT: DEPRIVATION OF VIC’S design
LIBERTY – loss of freedom of liberty (mobility,
communication, etc.) 268. SLIGHT ILLEGAL DETENTION
+ ABSENT SUCH determinant intent and duration of Elements:
restraint, MERE CURTAILMENT OF FREEDOM OF 1) OFFENDER is a PRIVATE INDIVIDUAL
MOVEMENT would AT MOST constitute COERCION 2) KIDNAPS OR DETAINS ANOTHER, or in any other
+ May be committed by transporting the victim from one manner DEPRIVES THE LATTER OF HIS LIBERTY
place to another or merely detaining him 3) ACT of kidnapping or detention must be ILLEGAL
+ Important to DETERMINE AND PROVE FACT OF 4) Crime is COMMITTED W/O ATTENDANCE OF ANY
SEIZURE CIRCUMSTANCES ENUMERATED IN 267
+ RANSOM: payment that releases from captivity
+ Spanish text is controlling in cases of conflict with English + VOLUNTARY RELEASE CAN MITIGATE PROVIDED 3
version REQUISITES ARE PRESENT:
+ Killing, rape or physical injuries are not separate crimes 1) RELEASE MADE W/IN 3 DAYS FROM
in themselves but are circumstances which convert the COMMENCEMENT OF DETENTION
kidnapping into special complex crimes for the imposition of 2) BEFORE CRIMINAL PROSECUTION HAS BEEN
the maximum penalty COMMENCED
+ RULE: Where person kidnapped is killed in the course of 3) BEFORE OFFENDER ACCOMPLISHED HIS
detention, regardless of whether the killing was purposely PURPOSE
sought or merely an afterthought, the kidnapping and
murder shall be punished as a special complex crime + ACCOMPLICE WHO FURNISHED PLACE OF
+ If in kidnapping the one killed was not the victim but a DETENTION is given SAME PENALTY AS THE
third person, there will be 2 separate offenses PRINCIPAL

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269. UNLAWFUL ARREST + Concerned with the sale of children for sex – more
Elements: expansive coverage of trafficking in 9208
1) Offender ARRESTS OR DETAINS ANOTHER person + Value: It can be COMBINED W/ CRIME IN RPC,
2) PURPOSE of offender is to DELIVER HIM TO PROPER INCREASE PENALTY
AUTHORITIES
3) ARREST OR DETENTION is NOT AUTHORIZED BY Elements:
LAW OR there is NO REASONABLE GROUND therefore 1) ACCUSED COMMITS ACT OF SEXUAL
INTERCOURSE OR LASCIVIOUS CONDUCT
+ Not under circumstances in Rule 113 of Rules of Court 2) Said ACT is PERFORMED WITH A CHILD EXPLOITED
on valid warrantless arrests IN PROSTITUTION OR SUBJECTED TO OTHER SEXUAL
+ If OFFENDER DIDN’T TURN OVER ARRESTED TO ABUSE
JUDICIAL AUTHORITIES = kidnapping a) For MONEY, PROFIT, OR ANY OTHER
+ If PUBLIC OFFICER FALSELY IMPUTES CRIME CONSIDERATION
AGAINST A PERSON TO ARREST HIM & DOESN’T FILE b) UNDER the COERCION OR INFLUENCE OF
OR INTEND TO FILE A CHARGE = arbitrary detention ANY ADULT, SYNDICATE, OR GROUP
through unlawful arrest 3) CHILD, male or female, IS OR IS DEEMED UNDER 18
YRS OF AGE
270. KIDNAPPING AND FAILURE TO RETURN A MINOR
Elements: 273. EXPLOITATION OF CHILD LABOR
1) Offender is ENTRUSTED W/ CUSTODY OF MINOR Elements:
person 1) Offender RETAINS A MINOR IN HIS SERVICES
2) DELIBERATELY FAILS TO RESTORE SAID MINOR TO 2) It is AGAINST THE WILL OF THE MINOR
HIS PARENTS OR GUARDIANS 3) It is UNDER THE PRETEXT OF REIMBURSING
HIMSELF OF A DEBT INCURRED by an ascendant,
+ What is penalized is the deliberate failure of custodian of guardian, or person entrusted with the custody of such
minor to restore latter to his parents or guardians – such minor
deliberate failure must also be persistent as to oblige
parents/guardians to seek aid of courts to obtain custody. 274. SERVICES RENDERED UNDER COMPULSION IN
+ DELIBERATE: something more than mere negligence; PAYMENT OF DEBT
must be premeditated, obstinate, headstrong, foolishly Elements:
daring or intentionally and maliciously wrong 1) OFFENDER COMPELS DEBTOR TO WORK FOR HIM,
either as a household servant or farm laborer
271. INDUCING A MINOR TO ABANDON HIS HOME 2) It is AGAINST THE DEBTOR’S WILL
Elements: 3) PURPOSE is to REQUIRE OR ENFORCE PAYMENT
1) MINOR (whether OVER OR ABOVE 7 years of age) is OF A DEBT
LIVING IN the HOME OF HIS PARENTS OR GUARDIANS
OR PERSON ENTRUSTED W/ HIS CUSTODY 275. ABANDONMENT OF PERSONS IN DANGER AND
2) Offender INDUCES SAID MINOR TO ABANDON SUCH ABANDONMENT OF ONE’S OWN VICTIM
HOME Punished acts:
Par. 1 Elements:
+ Consider w/ 9208 – Anti-Trafficking in Persons 1) UNINHABITED PLACE
2) ACCUSED FOUND a PERSON WOUNDED OR IN
272. SLAVERY DANGER OF DYING
Elements: 3) Accused CAN RENDER ASSISTANCE W/O
1) Offender PURCHASES, SELLS, KIDNAPS OR DETRIMENT TO HIMSELF
DETAINS A HUMAN BEING 4) Accused FAILS TO RENDER ASSISTANCE
2) PURPOSE of offender IS TO ENSLAVE SUCH HUMAN Par. 2: FAILING TO HELP OR RENDER ASSISTANCE TO
BEING ANOTHER WHOM OFFENDER ACCIDENTALLY
WOUNDED OR INJURED
RA 7610, as amended – CHILD ABUSE LAW Par. 3: FAILING TO DELIVER A CHILD, LESS THAN 7
+ Children: PERSONS BELOW 18 YEARS OF AGE OR YRS OF AGE, WHOM OFFENDER FOUND
THOSE UNABLE TO FULLY TAKE CARE of themselves ABANDONED, TO THE AUTHORITIES OR to HIS
OR PROTECT THEMSELVES FROM ABUSE, NEGLECT, FAMILY, OR BY FAILING TO TAKE HIM TO A SAFE
CRUELTY, EXPLOITATION OR DISCRIMINATION PLACE
BECAUSE OF their AGE OR MENTAL DISABILITY OR
CONDITION + 275 (1) means no people are roaming around. Parks &
+ ANY kind of EMPLOYMENT WHICH RISKS PHYSICAL, other similar public places can’t be uninhabited
MENTAL OR SPIRITUAL DEV’T OF THE CHILD IS CHILD ABANDONMENT – 275(2) ABANDONMENT – 365,
EXPLOITATION last par.
+ Whether offender is liable for just one crime of child Cause: ACCIDENT Cause: IMPRUDENCE OR
prostitution and other sexual abuse regardless of number NEGLIGENCE
of sexual acts allegedly committed by him and the number CRIME by itself QUALIFYING circumstance
of children with whom he had sexual intercourse, or Committed with intent Punishes negligent act
whether each act of intercourse constitutes one crime is a
question that bears on the PRESENTATION OF + It can be that there’s no other person to render
EVIDENCE BY EITHER PARTY assistance

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CRIMINAL LAW 2 – FINALS YSRefran Page 7 of 22
+ Under the law, whether or not one’s at fault, there’s an Elements:
obligation to stop and render appearance 1) Offender is a PRIVATE PERSON
2) He ENTERS THE DWELLING OF ANOTHER
276. ABANDONING A MINOR 3) SUCH ENTRANCE is AGAINST LATTER’S WILL
Elements:
1) Offender HAS CUSTODY OF THE CHILD + QUALIFIED trespass to dwelling IF COMMITTED BY
2) CHILD IS UNDER 7 YEARS OF AGE MEANS OF VIOLENCE OR INTIMIDATION
3) He ABANDONS SUCH CHILD + DWELLING = there’s an occupant
4) He HAS NO INTENT TO KILL THE CHILD WHEN THE + CONDITION OF THE PLACE DETERMINES CRIME
LATTER IS ABANDONED COMMITTED. If it’s a garage but it’s used as a residence,
it’s trespass to dwelling
+ If there’s clear intention to leave the child to die, it’s + ‘Against the will of the owner’ denotes (EXPRESS OR
parricide (if offender is the parent) IMPLIED) prohibition against entering
+ Entry THROUGH OPENING NOT INTENDED FOR
277. ABANDONMENT OF MINOR BY PERSON INGRESS = PRESUMPTION that ENTRY IS AGAINST
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF DWELLER’S WILL
PARENTS + No qualification as to who should own the place. Thus,
Punished acts & respective elements: the crime may be committed against a boarder or a tenant
1) Delivering a minor to a public institution or other persons and by the dwelling’s owner if his entry is against the
without the consent of the one who entrusted such minor to present occupant’s will.
the care of the offender or, in the absence of that one, + INSTANCES WHERE NO TRESPASS CAN BE
without the consent of proper authorities COMMITTED
a) Offender HAS CHARGE OF the REARING OR 1) PURPOSE of entry is TO PREVENT some SERIOUS
EDUCATION OF A MINOR HARM TO PERSON ENTERING, OCCUPANTS, OR 3RD
b) He DELIVERS SAID MINOR TO A PUBLIC PERSONS
INSTITUTION OR OTHER PERSONS 2) PURPOSE of entry is TO RENDER some AID TO
c) The ONE WHO ENTRUSTED such CHILD TO HUMANITY OR JUSTICE
OFFENDER HASN’T CONSENTED TO SUCH ACT; OR if 3) PLACES ENTERED are cafés, taverns, inns and similar
the one who entrusted such child to the offender is absent, places while open
PROPER AUTHORITIES HAVEN’T CONSENTED TO IT + WHEN PERMISSION TO ENTER IS GIVEN by a
2) Neglecting his (offender’s) children by not giving them household member with sufficient discretion, TRESPASS
the education which their station in life requires and ISN’T COMMITTED
financial condition permits + IF PURPOSE OF ENTRY IS TO COMMIT A MORE
a) Offender is a PARENT SERIOUS CRIME & TRESPASSER HAS COMMENCED
b) He NEGLECTS HIS CHILDREN BY NOT OVERT ACTS DIRECTLY RELATED TO THE MORE
GIVING THEM EDUCATION SERIOUS OFFENSE, dwelling becomes an aggravating
c) His STATION IN LIFE REQUIRES SUCH circumstance
EDUCATION AND HIS FINANCIAL CONDITION PERMITS
IT 281. OTHER FORMS OF TRESPASS
Elements:
278. EXPLOITATION OF MINORS 1) Offender ENTERS CLOSED PREMISES OR FENCED
Punished acts: ESTATE OF ANOTHER
1) Causing any boy or girl under 16 to perform any 2) ENTRANCE IS MADE WHILE EITHER of them IS
dangerous feat of balancing, physical strength, or UNINHABITED
contortion, the offender being any person 3) PROHIBITION TO ENTER is MANIFEST
2) Employing children under 16 who aren’t the children or 4) TRESPASSER HASN’T SECURED PERMISSION OF
descendants of the offender in exhibitions of acrobat, OWNER OR CARETAKER THEREOF
gymnast, rope-walker, diver, or wild-animal tamer, the
offender being an acrobat, etc. or circus manager or + Even discos, restaurants, etc. may be the object of
engaged in a similar calling trespass provided the place is closed for business at the
3) Employing any descendant under 12 in dangerous time = trespass to property
exhibitions enumerated in #2, offender engaged in any of + Closed gate is not a manifest prohibition
said callings + Whole dormitory = closed premises
4) Delivering a child under 16 gratuitously to any person
following any of the callings enumerated in #2, or to any 282. GRAVE THREATS
habitual vagrant or beggar, the offender being an Punished acts & respective elements:
ascendant, guardian, teacher, or person entrusted in any 1) a) OFFENDER THREATENS ANOTHER person W/
capacity w/ the care of the child INFLICTION UPON LATTER’S PERSON/HONOR/PROP,
5) Inducing any child under 16 to abandon the home of its OR UPON THAT OF LATTER’S FAMILY, OF ANY
ascendants, guardians, curators or teachers to follow any WRONG
person engaged in any of the callings mentioned in #2 or to b) SUCH WRONG AMOUNTS TO A CRIME
accompany any habitual vagrant or beggar, the offender c) There’s a DEMAND FOR MONEY OR ANY OTHER
being any person CONDITION IS IMPOSED, even though not lawful
d) Offender ATTAINS HIS PURPOSE
279. ADDITIONAL PENALTIES FOR OTHER OFFENSES 2) a) OFFENDER THREATENS ANOTHER person W/
280. QUALIFIED TRESPASS TO DWELLING INFLICTION UPON LATTER’S PERSON/HONOR/PROP,

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CRIMINAL LAW 2 – FINALS YSRefran Page 8 of 22
OR UPON THAT OF LATTER’S FAMILY, OF ANY COMPELLED HIM TO DO SOMETHING AGAINST HIS
WRONG WILL, be it right or wrong
b) SUCH WRONG AMOUNTS TO A CRIME 2) PREVENTION OR COMPULSION was EFFECTED BY
c) There’s a DEMAND FOR MONEY OR ANY OTHER VIOLENCE, THREATS, OR INTIMIDATION
CONDITION IS IMPOSED, even though not lawful 3) PERSON THAT RESTRAINED will and liberty of another
d) Offender DOESN’T ATTAIN HIS PURPOSE DIDN’T HAVE AUTHORITY OF LAW OR RIGHT TO DO
3) a) OFFENDER THREATENS ANOTHER person W/ SO, or in other words, that the restraint shall not be made
INFLICTION UPON LATTER’S PERSON/HONOR/PROP, under authority of law or in the exercise of any lawful right
OR UPON THAT OF LATTER’S FAMILY, OF ANY
WRONG + PURPOSE of law: PREVENT A PERSON FROM
b) SUCH WRONG AMOUNTS TO A CRIME PUTTING THE LAW INTO HIS OWN HANDS
c) THREAT ISN’T SUBJECT TO A CONDITION + KINDS of grave coercion
1) PREVENTIVE: offender USES VIOLENCE TO
THREAT COERCION PREVENT victim from doing an act NOT prohibited by law
Harm or wrong is FUTURE Harm or wrong threatened 2) COMPULSIVE: offender USES VIOLENCE TO
AND CONDITIONAL is IMMEDIATE, COMPEL victim from doing an act which MAY OR MAY
PERSONAL, AND DIRECT NOT be prohibited by law
May be BY CANNOT BE through + Must be a force threatening great bodily harm that
INTERMEDIARY OR IN intermediary or in writing remains constant in controlling the will of the unwilling
WRITING participant while the act is being performed and from which
GENERALLY committed by Generally by VIOLENCE, he can’t withdraw in safety
INTIMIDATION w/c is future ALTHOUGH it may also be + THREATENING TO SUE TO COMPEL ENFORCEMENT
and conditional by INTIMIDATION if serious OF AN OBLIGATION IS NOT THE ‘WRONG’
enough, direct, immediate, CONTEMPLATED BY LAW
and personal
If the INTIMIDATION IS… CRIME IS…
IMMEDIATE BUT ROBBERY
283. LIGHT THREATS
CONDITIONAL coupled
Elements:
with demand for money or
1) OFFENDER MAKES a THREAT TO COMMIT A
any consideration
WRONG
2) The WRONG DOESN’T CONSTITUTE A CRIME FUTURE OR THREAT
CONDITIONAL
3) There’s a DEMAND FOR MONEY OR THAT OTHER
CONDITION IS IMPOSED, even though lawful DIRECT, IMMEDIATE, & COERCION
4) Offender HAS ATTAINED HIS PURPOSE OR, that he PERSONAL; OR SERIOUS
has NOT ATTAINED HIS PURPOSE ENOUGH

+ Light threat is similar to BLACKMAILING. Wrong 287. LIGHT COERCIONS


threatened doesn’t amount to a crime + demand for money Elements:
or other condition 1) Offender is a CREDITOR
2) SEIZES ANYTHING BELONGING TO HIS DEBTOR
284. BOND FOR GOOD BEHAVIOR 3) SEIZURE of the thing was ACCOMPLISHED BY means
+ Discretion of the court to impose such in grave and light of VIOLENCE OR A DISPLAY OF MATERIAL FORCE
threats PRODUCING INTIMIDATION
4) PURPOSE of offender is TO APPLY THE SAME TO
285. OTHER LIGHT THREATS THE PAYMENT OF THE DEBT
Punished acts:
1) THREATENING ANOTHER W/ A WEAPON, OR + UNJUST VEXATION is a form of light coercion. It’s ANY
DRAWING SUCH weapon IN A QUARREL, UNLESS it is FORM OF CAUSING ANNOYANCE OF ANOTHER
IN LAWFUL SELF-DEFENSE PERSON. It MUST NOT AMOUNT TO DISHONOR OF
2) ORALLY THREATENING ANOTHER, IN THE HEAT OF ANOTHER
ANGER, W/ SOME HARM CONSTITUTING A CRIME,
W/O PERSISTING IN THE IDEA involved IN HIS THREAT 288. OTHER SIMILAR COERCIONS
3) ORALLY THREATENING TO DO ANOTHER any HARM Punished acts & respective elements:
NOT CONSTITUTING A FELONY 1) a) Offender is ANY PERSON, AGENT OR OFFICER OF
any ASSOCIATION OR CORPORATION
KIND of threat CRIME W/ OR W/O b) HE OR SUCH FIRM HAS EMPLOYED LABORERS
CONDITION OR EMPLOYEES
c) FORCES OR COMPELS, directly or indirectly, OR
GRAVE Y WITH OR W/O
KNOWINGLY PERMITS TO BE FORCED OR
LIGHT N WITH
COMPELLED, ANY OF HIS OR ITS
OTHER LIGHT N W/O
LABORERS/EMPLOYEES TO PURCHASE MERCH OR
COMMODITIES OF ANY KIND from him or from said firm
286. GRAVE COERCIONS 2) a) Offender PAYS WAGES DUE HIS
Elements: LABORER/EMPLOYEE BY means of TOKEN OR OBJECT
1) PERSON PREVENTED ANOTHER FROM DOING b) Tokens or object are OTHER THAN LEGAL TENDER
SOMETHING NOT PROHIBITED BY LAW, OR he CURRENCY of the Philippines

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CRIMINAL LAW 2 – FINALS YSRefran Page 9 of 22
c) Laborer or employee DOESN’T EXPRESSLY 4) There is VIOLENCE AGAINST OR INTIMIDATION OF
REQUEST THAT HE BE PAID BY SUCH means ANY PERSON, OR FORCE UPON ANYTHING

289. FORMATION, MAINTENANCE, AND PROHIBITION + ASPORTATION: requires taking of personal property out
OF COMBINATION OF CAPITAL OR LABOR THROUGH of the possession of the owner, without his privity and
VIOLENCE OR THREATS consent and without animus revertendi. Present once
Elements: property is taken from the possession of the owner and
1) Offender EMPLOYS VIOLENCE OR THREATS in such taker has absolute control of the property
a degree as TO COMPEL OR FORCE LABORERS OR + INTENT TO GAIN (ANIMUS LUCRANDI): an internal act
EMPLOYEES IN free and legal exercise OF THEIR which can be established through the overt acts of the
INDUSTRY OR WORK offender.
2) PURPOSE is TO ORGANIZE, MAINTAIN OR PREVENT
COALITIONS, STRIKE OR LOCKOUT 294. ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS – PENALTIES
290. DISCOVERING SECRETS THROUGH SEIZURE OF +294 DEFINES & PENALIZES as COMPOSITE CRIMES
CORRESPONDENCE OR SPECIAL COMPLEX CRIMES the ff.
Elements: - ROBBERY WITH HOMICIDE
1) PRIVATE INDIVIDUAL OR PUBLIC OFFICER NOT IN Elements:
EXERCISE OF HIS OFFICIAL FUNCTIONS 1) Taking of personal property w/ use of violence or
2) SEIZES ANOTHER’S PAPERS OR LETTERS intimidation against a person
3) PURPOSE is TO DISCOVER THE SECRETS OF SUCH 2) Property taken belongs to another
OTHER PERSON 3) Taking is characterized by intent to gain
4) OFFENDER IS INFORMED OF the CONTENTS of 4) On the occasion of the robbery or by reason thereof,
seized papers and letters homicide was committed
- ROBBERY WITH RAPE
+ LETTER must be OF CONFIDENTIAL CHARACTER. - ROBBERY WITH INTENTIONAL MUTILATION
This crime can’t be committed if it’s an open letter or - ROBBERY WITH ARSON
postcard - ROBBERY WITH PHYSICAL INJURIES
+ IF PURPOSE OF SEIZURE is TO PREVENT - ROBBERY WITH UNNECESSARY VIOLENCE
ADDRESSEE FROM RECEIVING the Except for simple robbery under par 5 which isn’t a
CORRESPONDENCE, it’s MALICIOUS MISCHIEF. It’s composite crime
ESTAFA IF OFFENDER KNEW ADDRESSEE MUST
RECEIVE IT OTHERWISE LATTER WILL BE + HOMICIDE, RAPE, ETC. not separate crimes but
PREJUDICED CIRCUMSTANCES CHARACTERIZING THE VIOLENCE
+ PARENTS, GUARDIANS, AND PERSONS EXERCISING w/c makes the crime robbery & not theft
PARENTAL AUTHORITY OVER MINORS ARE EXEMPT + NAPOLIS DOCTRINE: If BOTH VIOLENCE OR
because it’s within their authority to check minors’ activities. INTIMIDATION UPON PERSONS {294(4 & 5) [SIMPLE
Same with HUSBAND AND WIFE to maintain fidelity ROBBERY]} AND FORCE UPON THINGS (299/302) are
provided they’re not legally separated and living apart. EMPLOYED – SPECIAL COMPLEX CRIME of robbery with
violence against or intimidation of persons and force upon
291. REVEALING SECRETS WITH ABUSE OF OFFICE things
Elements:
1) MANAGER, EMPLOYEE, OR SERVANT Robbery W/ VIOLENCE Robbery W/ FORCE UPON
2) LEARNS SECRETS OF HIS PRINCIPAL OR MASTER AGAINST OR THINGS
IN SUCH CAPACITY INTIMIDATION OF
3) REVEALS SUCH SECRETS PERSONS
Former is MORE SERIOUS than the latter
292. REVELATION OF INDUSTRIAL SECRETS Based upon GRAVITY OF Based upon VALUE OF
Elements: the VIOLENCE OR THING TAKEN
1) PERSON IN CHARGE, EMPLOYEE OR WORKMAN OF INTIMIDATION committed
MANUFACTURING OR INDUSTRIAL ESTABLISHMENT When BOTH KINDS are present, FORMER SHALL TAKE
2) ESTABLISHMENT HAS INDUSTRY SECRET WHICH PRECEDENCE OVER THE LATTER, unless penalty for
OFFENDER HAS LEARNED robbery with force upon things is higher, in which case the
3) REVEALS SUCH SECRETS crime shall be complexed – NAPOLIS DOCTRINE
4) PREJUDICE IS CAUSED TO THE OWNER
+ 294(1) – homicide may be before or after the robbery
CRIMES AGAINST PROPERTY PROVIDED THE TAKING IS NOT MERELY AN
+ Taking of another’s property out of his possession AFTERTHOUGHT
through violence, deceit, abuse of confidence, destruction + CUANDO CON MOTIVO O CON OCCASION DEL
+ Must allege in info that it belonged to a specific person ROBO RESULTARE HOMICIDIO (WHEN HAVING THE
MOTIVE [to take] OR DURING THE OCCASION) – intent
293. WHO ARE GUILTY OF ROBBERY of the actor must supply the DIRECT connection between
Elements: the homicide and the robbery to constitute the complex
1) PERSONAL PROPERTY BELONGING TO ANOTHER offense; happened during the robbery and there’s a logical
2) UNLAWFUL TAKING of that property connection (doesn’t need to be a necessary means or
3) Taking must be WITH INTENT TO GAIN consequence)

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CRIMINAL LAW 2 – FINALS YSRefran Page 10 of 22
+ Who can be liable for robbery with homicide – everyone + SPECIAL AGGRAVATING CIRCUMSTANCE of USE OF
who agreed and decided to commit the robbery; the killing UNLICENSED FIREARM limited in scope to 294(3, 4, 5)
can be traced to the robbery (consequence of taking)
297. ATTEMPTED AND FRUSTRATED ROBBERY
+ GEN RULE: In a CONSPIRACY, THE ACT OF ONE IS COMMITTED UNDER CERTAIN CIRCUMSTANCES
THE ACT OF ALL Elements:
EXCEPTION: Other/s couldn’t have known of one’s intent 1) There’s an ATTEMPTED OR FRUSTRATED ROBBERY
and act so that they could’ve attempted to prevent the 2) HOMICIDE IS COMMITTED ON THE SAME
same; one performs positive or overt acts in an effort to OCCASION
physically prevent same – logical connection is broken
+ Who can be liable for robbery with rape – those who had + GEN RULE: all who took part as principals in the robbery
knowledge of the rape and didn’t do anything to prevent it shall be held guilty of robbery w/ homicide although they
+ To be liable for robbery with rape, INTENT TO TAKE didn’t actually take part in the homicide. Same principle
another’s personal property MUST PRECEDE THE RAPE applies even if the crime committed is attempted robbery w/
+ All rapes are merged in the composite, so long as the homicide
rapes accompanied the robbery + 297 requires ATTEMPTED ROBBERY & KILLING be
perpetrated by the same person
+ To have ROBBERY W/ ARSON, the TAKING must
ALREADY AMOUNT TO ROBBERY BEFORE THE 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE
BURNING. There must be violence or intimidation upon OR INTIMIDATION
persons but without killing, rape, or mutilation in view of the Elements:
sequence of priority of violence under 294, and thereafter 1) Offender has INTENT TO DEFRAUD ANOTHER
the premises are burned 2) Offender COMPELS HIM TO SIGN, EXECUTE, OR
DELIVER ANY PUBLIC INSTRUMENT OR DOCUMENT
+ SNATCHING is ROBBERY IF SNATCHER EMPLOYED 3) COMPULSION is BY means of VIOLENCE OR
FORCE upon person whose valuables were snatched; INTIMIDATION
THEFT IF NO ADDED FORCE in taking is employed
except that necessary to effect the snatching 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
295. ROBBERY WITH PHYSICAL INJURIES, Punished acts & respective elements:
COMMITTED IN AN UNINHABITED PLACE AND BY A 1) Robbery with force upon things under 299(a)
BAND, OR WITH THE USE OF FIREARM ON A STREET, a) Offender ENTERED INHABITED HOUSE, PUBLIC
ROAD, OR ALLEY BUILDING OR EDIFICE DEVOTED TO RELIGIOUS
Robbery W/ VIOLENCE AGAINST OR INTIMIDATION OF WORSHIP
PERSON is QUALIFIED if it’s committed: b) ENTRANCE was EFFECTED BY ANY OF THE FF.
1) In an UNINHABITED PLACE MEANS:
2) By a BAND (more than three armed malefactors) i) THROUGH an OPENING NOT INTENDED FOR
3) By ATTACKING A MOVING TRAIN, STREET CAR, ENTRANCE OR EGRESS
MOTOR VEHICLE, OR AIRSHIP ii) By BREAKING ANY WALL, ROOF, FLOOR,
4) By ENTERING the PASSENGERS’ COMPARTMENTS DOOR, OR WINDOW
IN A TRAIN, OR IN ANY MANNER TAKING iii) By USING FALSE KEYS, PICKLOCKS, OR
PASSENGERS BY SURPRISE in the respective SIMILAR TOOLS
conveyances iv) By USING FICTITIOUS NAME OR
5) On a STREET, ROAD, HIGHWAY, OR ALLEY, and the PRETENDING THE EXERCISE OF PUBLIC AUTHORITY
INTIMIDATION IS MADE W/ USE OF FIREARMS c) Once INSIDE the building, OFFENDER TOOK
PERSONAL PROP BELONGING TO ANOTHER WITH
+ When offenses in 294(3, 4, 5) are committed by a band, INTENT TO GAIN
proper penalties must be imposed in the maximum periods 2) Robbery with force upon things under 299(b)
+ 295 INAPPLICABLE TO ROBBERY W/ HOMICIDE, a) Offender is INSIDE a DWELLING HOUSE, PUBLIC
RAPE, INTENTIONAL MUTILATION, AND LESIONES BUILDING, OR EDIFICE DEVOTED TO RELIGIOUS
GRAVES RESULTING IN INSANITY, IMBECILITY, WORSHIP, regardless of circumstances under which he
IMPOTENCY, OR BLINDNESS entered it
+ For 294(1, 2), element of BAND appreciated as an b) OFFENDER TAKES PERSONAL PROP
ORDINARY AGGRAVATING CIRCUMSTANCE BELONGING TO ANOTHER, W/ INTENT TO GAIN,
UNDER ANY OF THE FF. circumstances:
296. DEFINITION OF A BAND AND PENALTY INCURRED i) By the BREAKING OF DOORS, wardrobes,
BY THE MEMBERS THEREOF chests, OR ANY OTHER KIND OF LOCKED OR SEALED
Requisites for liability of other members of the band: FURNITURE OR RECEPTACLE
1) Person was a MEMBER OF THE BAND ii) By TAKING SUCH FURNITURE OR OBJECTS
2) PRESENT AT COMMISSION OF A ROBBERY BY AWAY TO BE BROKEN OR FORCED OPEN OUTSIDE
THAT BAND THE PLACE OF THE ROBBERY
3) OTHER MEMBERS of the band COMMITTED AN
ASSAULT + BASIS: MEANS OF ENTERING. If he didn’t enter, it’s
4) HE DIDN’T ATTEMPT TO PREVENT THE ASSAULT only theft even if there’s force upon things. Whole body
must be inside, as defined by entering.

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CRIMINAL LAW 2 – FINALS YSRefran Page 11 of 22
+ ENTERED W/O USE OF CONSTRUCTIVE FORCE BUT the culprit shall suffer the penalty next lower in degree than
WHILE INSIDE USED ACTUAL FORCE to break doors, that prescribed in said articles.
walls, etc. Use of picklock, etc. inside the premises is only
aggravating. 304. POSSESSION OF PICKLOCK OR SIMILAR TOOLS
+ BROUGHT OUT of the premises LOCKED OR SEALED Elements:
RECEPTACLES FOR BREAKING them OUTSIDE 1) Offender HAS in his possession PICKLOCKS OR
SIMILAR TOOLS
+ NOT NECESSARY THAT OFFENDER BREAK 2) SUCH picklock or similar TOOLS ARE SPECIALLY
WINDOWS to enter ADOPTED TO THE COMMISSION OF ROBBERY
+ Offender is a member of the household and taking was 3) Offender DOESN’T HAVE LAWFUL CAUSE FOR SUCH
with force upon things = robbery POSSESSION

300. ROBBERY IN AN UNINHABITED PLACE AND BY A + POSSESSION of picklocks IS A CRIME BY ITSELF.


BAND When used in robbery, possession is absorbed because it’s
+ Robbery mentioned in next preceding article, if committed an element of robbery
in an uninhabited place and by a band, shall be punished
by the maximum period of the penalty provided therefore 305. FALSE KEYS
Term FALSE KEYS deemed to include:
301. WHAT IS AN INHABITED HOUSE, PUBLIC 1) TOOLS MENTIONED in next preceding articles
BUILDING OR BUILDING DEDICATED TO RELIGIOUS 2) GENUINE KEYS STOLEN FROM THE OWNER
WORSHIP AND THEIR DEPENDENCIES 3) ANY KEYS OTHER THAN THOSE INTENDED BY THE
+ INHABITED HOUSE: any shelter, ship or vessel OWNER FOR USE IN THE LOCK FORCIBLY OPENED
constituting the dwelling of one or more persons, even BY OFFENDER
though the inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed RA 6539 – ANTI-CARNAPPING
+ PUBLIC BUILDING: every building owned by the Gov’t or + CARNAPPING: taking, w/ intent to gain, of a motor
belonging to private persons but used or rented by the vehicle belonging to another without the latter’s consent, or
Gov’t, although temporarily occupied by the same by means of violence against or intimidation of persons, or
+ DEPENDENCIES OF AN INHABITED HOUSE, PUBLIC by using force upon things
BUILDING OR BUILDING DEDICATED TO RELIGIOUS + MALUM PROHIBITUM
WORSHIP: all interior courts, corrals, warehouses, + MOTOR VEHICLE covers any vehicle which is motorized
granaries or enclosed places CONTIGUOUS to the building (means other than muscular power) using the streets which
or edifice, having an INTERIOR ENTRANCE CONNECTED are public, not exclusively for private use
THEREWITH and which form PART OF THE WHOLE + HIGHWAYS are always public, free for the use of every
+ Orchard & other lands used for cultivation or production person.
aren’t included in the term “dependencies”
306. WHO ARE BRIGANDS
302. ROBBERY IN AN UNINHABITED PLACE OR IN A Elements of brigandage:
PRIVATE BUILDING 1) AT LEAST 4 ARMED PERSONS
Elements: 2) FORMED A BAND OF ROBBERS
1) Offender ENTERED UNINHABITED PLACE OR 3) PURPOSE is ANY OF THE FF.
BUILDING W/C WASN’T A DWELLING HOUSE, NOT A a) COMMIT ROBBERY IN THE HIGHWAY
PUBLIC BUILDING, OR NOT AN EDIFICE DEVOTED TO b) KIDNAP PERSONS FOR the purpose of
RELIGIOUS WORSHIP EXTORTION OR TO OBTAIN RANSOM
2) ANY OF THE FF. circumstances was present c) ATTAIN BY MEANS OF FORCE AND VIOLENCE
a) ENTRANCE was EFFECTED THROUGH AN ANY OTHER PURPOSE
OPENING NOT INTENDED FOR ENTRANCE OR
EGRESS 307. AIDING AND ABETTING A BAND OF BRIGANDS
b) WALL, ROOF, FLOOR, OR OUTSIDE DOOR OR Elements:
WINDOW was BROKEN 1) BAND OF BRIGANDS
c) ENTRANCE was EFFECTED THROUGH USE OF 2) OFFENDER KNOWS BAND TO BE OF BRIGANDS
FALSE KEYS, PICKLOCKS, OR OTHER similar TOOLS 3) DOES ANY OF THE FF. acts:
d) DOOR, WARDROBE, CHEST, OR ANY SEALED OR a) In any manner AIDS, ABETS OR PROTECTS SUCH
CLOSED FURNITURE OR RECEPTACLE was BROKEN BAND
e) CLOSED OR SEALED RECEPTACLE WAS b) GIVES THEM INFORMATION OF MOVEMENTS OF
REMOVED, even if the same be broken open elsewhere POLICE OR OTHER PEACE OFFICERS OF THE GOV’T
3) OFFENDER TOOK therefrom PERSONAL PROP c) ACQUIRES OR RECEIVES PROP TAKEN BY SUCH
BELONGING TO ANOTHER WITH INTENT TO GAIN BRIGANDS

303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD PD 532 – ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
IN AN UNINHABITED PLACE OR PRIVATE BUILDING LAW OF 1974
+ In cases in 299 and 302 (robbery in an inhabited place or + HIGHWAY ROBBERY or BRIGANDAGE: seizure of any
public building or edifice devoted to worship AND robbery person for ransom, extortion or other unlawful purposes, or
in an uninhabited place or in a private building), when the taking away of the property of another, by means of
robbery consists in the taking of cereals, fruits, or firewood, violence against or intimidation of persons or force upon

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CRIMINAL LAW 2 – FINALS YSRefran Page 12 of 22
things or other unlawful means, committed by any person 5) ACCOMPLISHED W/O USE OF VIOLENCE AGAINST
on any Philippine highway OR INTIMIDATION OF PERSONS OR FORCE UPON
+ Introduced AMENDMENTS TO 306 & 307 by increasing THINGS
the penalties
Brigandage UNDER 306 & Brigandage UNDER PD 532 + THEFT OR ROBBERY CAN’T BE COMMITTED BET.
294 CO-OWNERS WHEN NO DIVISION IS YET MADE
Mere FORMATION OF Mere formation of band + Is it THEFT OR ESTAFA? CONSIDER POSSESSION.
BAND IS PUNISHABLE NOT YET PUNISHABLE. Where property is received where only MATERIAL or
Prohibited act must be PHYSICAL POSSESSION is acquiesced and he
committed misappropriates the same = THEFT. If JURIDICAL
AT LEAST 3 (4 OR MORE) Only ONE MALEFACTOR POSSESSION (possessor can assert his right to
MALEFACTORS WILL SUFFICE possession even against the owner) IS TRANSFERRED =
PRECONCEIVED VICTIM NO preconceived victim ESTAFA

+ NO FRUSTRATED THEFT
+ In absence of proof that accused were organized for
committing robbery indiscriminately and of evidence to 309. PENALTIES
show previous attempts at similar robberies by accused
indicating indiscriminate commission thereof – liable for PD 704, as amended RA 8550 – ILLEGAL FISHING
special complex crime of robbery with homicide + PRIMA FACIE PRESUMPTION that ILLEGAL FISHING
HAS BEEN COMMITTED WHERE
PD 533 – ANTI-CATTLE RUSTLING LAW OF 1974 - EXPLOSIVES, noxious or POISONOUS
+ CATTLE RUSTLING: taking away by any means, SUBSTANCES OR EQUIPMENT/DEVICE FOR
methods, or schemes, without the consent of the ELECTRIC FISHING FOUND IN a FISHING
owner/raiser, of any of the LARGE CATTLE whether or not BOAT OR IN FISHERMAN’S POSSESSION
for profit or gain, or whether committed w/ or w/o violence - FISH CAUGHT OR KILLED w/ use of explosives,
against or intimidation of person or force upon things. poisonous substances, or by electricity are
Includes KILLING OF LARGE CATTLE, OR TAKING ITS FOUND in a fishing boat
MEAT OR HIDE W/O CONSENT OF OWNER/RAISER. + Doesn’t require use of motorized banca or boat
+ GOAT NOT INCLUDED because although it’s a member
of the bovine family, it’s not large 310. QUALIFIED THEFT
+ HOMICIDE IS ABSORBED IN CATTLE RUSTLING Theft is qualified if:
because it’s not a malum prohibitum 1) Committed by a DOMESTIC SERVANT
+ MALA IN SE. NOT A SPECIAL LAW. Penalty for its 2) Committed W/ GRAVE ABUSE OF CONFIDENCE
violation in terms of classification & duration of penalties 3) PROP STOLEN is a MOTOR VEHICLE, MAIL MATTER,
prescribed in RPC, indicating lawmakers’ intent to amend or LARGE CATTLE
the Code 4) PROP STOLEN consists of COCONUTS TAKEN FROM
+ INTENT TO GAIN may be INFERRED FROM the premises of a PLANTATION
DELIBERATE FAILURE TO DELIVER LOST PROP TO 5) PROP STOLEN is FISH TAKEN FROM A FISHPOND
PROPER PERSON, finder knowing the prop doesn’t OR FISHERY
belong to him 6) PROP TAKEN ON OCCASION OF fire, earthquake,
typhoon, volcanic eruption, or any other CALAMITY,
308. WHO ARE LIABLE FOR THEFT VEHICULAR ACCIDENT, OR CIVIL DISTURBANCE
Persons liable:
1) Those W/ INTENT TO GAIN, BUT W/O VIOLENCE + What makes it qualified theft: circumstances
AGAINST OR INTIMIDATION OF PERSONS NOR FORCE - Personal to offender
UPON THINGS, TAKE PERSONAL PROP OF ANOTHER - Pertaining to object taken
W/O LATTER’S CONSENT - At the time of taking
2) Those who HAVING FOUND LOST PROP, FAILS TO
DELIVER THE SAME TO LOCAL AUTHORITIES OR TO 311. THEFT OF THE PROPERTY OF THE NATIONAL
ITS OWNER LIBRARY AND NATIONAL MUSEUM
3) Those who, after having MALICIOUSLY DAMAGED the
PROPERTY OF ANOTHER, REMOVE OR MAKE USE OF PD 705 – FORESTRY CODE
FRUITS OR OBJECTS OF DAMAGE CAUSED BY THEM 2 DISTINCT & SEPARATE OFFENSES under Sec. 68
4) Those who ENTER AN ENCLOSED ESTATE OR A 1) CUTTING, GATHERING, COLLECTING, AND
FIELD WHERE TRESPASS IS FORBIDDEN OR W/C REMOVING TIMBER OR OTHER FOREST PRODUCT
BELONGS TO ANOTHER AND, W/O IT’S OWNER’S FROM ANY FORESTLAND, OR TIMBER FROM
CONSENT, HUNT OR FISH upon the same OR GATHER ALIENABLE OR DISPOSABLE PUBLIC LAND, OR
fruits, cereals, or other forest or farm products PRIVATE LAND, OR W/O ANY AUTHORITY
2) POSSESSION OF TIMBER OR OTHER FOREST
Elements: PRODUCTS W/O LEGAL DOCUMENTS REQ’D under
1) TAKING OF PERSONAL PROP existing forest laws regulations
2) Property taken BELONGS TO ANOTHER
3) DONE W/ INTENT TO GAIN + The law makes NO DISTINCTION between raw or
4) W/O OWNER’S CONSENT processed timber

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CRIMINAL LAW 2 – FINALS YSRefran Page 13 of 22
PD 1612 – ANTI-FENCING LAW OF 1979
+ FENCING: act of any person who, with intent to gain for 315. SWINDLING (ESTAFA)
himself or for another, shall buy, receive, possess, keep, Elements in general:
acquire, conceal, sell or dispose of, or shall buy and sell, or 1) ACCUSED DEFRAUDED ANOTHER BY ABUSE OF
in any other manner deal in any article, item, object, or CONFIDENCE OR BY means of DECEIT
anything of value which he knows, or should be known to 2) DAMAGE OR PREJUDICE capable of pecuniary
him, to have been derived from the proceeds of the crime estimation is CAUSED TO THE OFFENDED PARTY OR
of robbery or theft 3RD PERSON
+ APPLIES ONLY TO PROCEEDS OF THEFT OR
ROBBERY. Doesn’t apply to estafa + DEFRAUDATION & DAMAGE (any disturbance or
prejudice is constitutive of damage)
Elements: + 2 ways of committing estafa
1) Crime of ROBBERY OR THEFT has been COMMITTED 1) With abuse of confidence or unfaithfulness
2) ACCUSED, who is NOT A PRINCIPAL OR 2) Through deceit or false pretense – here, it’s essential
ACCOMPLICE IN the commission of the ROBBERY OR that the deceit be prior to or simultaneous to the prejudice
THEFT, BUYS … OR IN ANY MANNER DEALS IN ANY & the same be the very cause of the damage
ARTICLE OR ANYTHING OF VALUE, which has been + When money or property is delivered for a particular
DERIVED FROM PROCEEDS OF SAID CRIME purpose and it was used for another purpose
3) ACCUSED KNOWS OR SHOULD’VE KNOWN SAID - if MATERIAL POSSESSION is transferred, it’s
ARTICLE has been DERIVED FROM PROCEEDS OF theft
ROBBERY OR THEFT - when JURIDICAL POSSESSION (possession
4) INTENT TO GAIN, on part of accused, FOR HIMSELF which is protected by law even against the real
OR FOR ANOTHER owner of the property) is transferred, it’s estafa
+ DECEIT: false representation of a matter of fact whether
+ Fencing is a DISTINCT CRIME. Offender may be by words or conduct, by false or misleading allegations, or
PROSECUTED AT PLACE WHERE HE TOOK HOLD OF by concealment of that which should have been disclosed
PROP and not at the place of the commission of the which deceives or is intended to deceive another so that he
robbery or theft shall act upon it to his legal injury
+ There must be a CONVICTION OF THEFT OR + DEFRAUDATION CAN’T BE COMMITTED THROUGH
ROBBERY BEFORE THERE COULD BE PROSECUTION NEGLIGENCE
FOR FENCING
+ Mere POSSESSION OF ANY ITEM W/C HAS BEEN Elements of ESTAFA W/ UNFAITHFULNESS:
THE SUBJECT OF ROBBERY OR THEFT = PRIMA 1) Offender has ONEROUS OBLIGATION TO DELIVER
FACIE EVIDENCE OF FENCING SOMETHING OF VALUE
2) He ALTERS ITS SUBSTANCE, QUANTITY, OR
312. OCCUPATION OF REAL PROPERTY OR QUALITY
USURPATION OF REAL RIGHTS IN PROPERTY 3) DAMAGE or prejudice is CAUSED TO ANOTHER
Elements:
1) Offender TAKES POSSESSION OF ANY REAL PROP Elements of ESTAFA W/ ABUSE OF CONFIDENCE
OR USURPS ANY REAL RIGHTS IN PROP 315(1[b]):
2) Real property or real rights BELONG TO ANOTHER 1) Money, goods, or other PERSONAL PROP RECEIVED
3) VIOLENCE AGAINTS OR INTIMIDATION OF BY OFFENDER IN TRUST, or on commission, or for
PERSONS IS USED by offender in occupying real property administration, OR UNDER ANY OTHER OBLIGATION
or usurping real rights in property INVOLVING THE DUTY TO MAKE DELIVERY OF, OR TO
4) There’s INTENT TO GAIN RETURN, THE SAME
2) MISAPPROPRIATION OR CONVERSION OF such
+ SINGLE, TWO-TIERED PENALTY for the coercion & MONEY OR PROPERTY BY OFFENDER, OR DENIAL ON
threat and fine for the usurpation HIS PART OF SUCH RECEIPT
+ REAL VIC IS NOT NECESSARILY THE OWNER BUT 3) Such misappropriation/conversion/denial is to the
THE PERSON AGAINST WHOM THE PREJUDICE OF ANOTHER
VIOLENCE/INTIMIDATION WAS ENFORCED – tenant has 4) There’s a DEMAND MADE BY OFFENDED PARTY TO
a real right over the property, that of possession OFFENDER
313. ALTERING BOUNDARIES OR LANDMARKS Elements of ESTAFA BY TAKING UNDUE ADVANTAGE
Elements: OF THE SIGNATURE IN BLANK
1) BOUNDARY MARKS OR MONUMENTS of towns, 1) PAPER W/ SIG OF OFFENDED PARTY IS IN BLANK
provinces or estates, OR any other MARKS INTENDED TO 2) OFFENDED PARTY DELIVERED IT TO OFFENDER
DESIGNATE BOUNDARIES OF THE SAME 3) ABOVE SIG OF OFFENDED PARTY a DOC IS
2) OFFENDER ALTERS said boundary marks WRITTEN BY THE OFFENDER W/O AUTHORITY TO DO
SO
314. FRAUDULENT INSOLVENCY 4) DOC so written CREATES LIABILITY OF, OR CAUSES
Elements: DAMAGE TO, OFFENDED PARTY OR ANY 3RD PERSON
1) Offender is a DEBTOR (has obligations due and
payable) Elements of ESTAFA BY MEANS OF FALSE
2) ABSCONDS W/ HIS PROPERTY PRETENSES OR FRAUDULENT ACTS:
3) PREJUDICE TO HIS CREDITORS

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CRIMINAL LAW 2 – FINALS YSRefran Page 14 of 22
1) OFFENDER EMPLOYS ANY OF THE FF. false + Goods owned by the bank and only released to the
pretenses, fraudulent acts, or fraudulent means: importer in trust subsequent to the grant of the loan. Bank
a) USING FICTITIOUS NAME; FALSELY acquires ‘security interest’ in the goods as holder of
PRETENDING TO POSSESS POWER, influence, security title for advances it made to entrustee. Ownership
qualifications, property, credit, agency, business or continues to be vested in person who advanced payment
imaginary transactions; OR BY means of OTHER SIMILAR until he has been paid in full
DECEITS +Trust receipt law PUNISHES DISHONESTY AND ABUSE
b) ALTERING QUALITY, FINENESS, OR WEIGHT OF OF CONFIDENCE IN THE HANDLING OF MONEY OR
ANYTHING PERTAINING TO HIS ART OR BUSINESS GOODS TO THE PREJUDICE OF ANOTHER regardless
c) PRETENDING TO HAVE BRIBED ANY GOV’T of whether the latter is the owner.
EMPLOYEE, w/o prejudice to the action for calumny w/c + MALUM PROHIBITUM
the offended party may deem proper to bring against + Possible situations in a trust receipt transaction:
offender 1) Money received under the obligation involving duty to
d) POSTDATING A CHECK, OR ISSUING A CHECK IN deliver it to the owner of the merchandise sold
PAYMENT OF AN OBLIGATION WHEN OFFENDER HAD 2) Merchandise received under obligation to ‘return’ it to the
NO FUNDS OR INSUFFICIENT FUNDS in the bank owner
e) OBTAINING ANY FOOD, REFRESHMENT OR + It’s in the context of upholding public interest that the law
ACCOMMODATION AT A HOTEL, inn, restaurant, now designates breach of trust receipt agreement to be an
boarding house, lodging house, or apartment house AND act that ‘shall’ make one liable for estafa
THE LIKE W/O PAYING THEREFORE, W/ INTENT TO + As far as trust receipts are concerned, failure to return
DEFRAUD THE PROPRIETOR OR MANAGER thereof; the thing creates the presumption that there was intent to
OR BYOBTAINING CREDIT at aforesaid establishments defraud
BY USE OF ANY FALSE PRETENSE; OR BY
ABANDONING or surreptitiously removing ANY PART OF BP 22 – BOUNCING CHECKS LAW
HIS BAGGAGE from said establishments AFTER Elements:
OBTAINING FOOD, etc. W/OUT PAYING FOR SUCH 1) MAKING, DRAWING, AND ISSUING ANY CHECK TO
2) Such FALSE PRETENSE must be MADE or executed APPLY TO ACCOUNT OR FOR VALUE
PRIOR OR SIMULTANEOUSLY WITH THE COMMISSION 2) KNOWLEDGE OF MAKER/DRAWER/ISSUER THAT AT
OF THE FRAUD TIME OF ISSUE he DOESN’T HAVE SUFFICIENT FUNDS
3) OFFENDED PARTY must’ve RELIED ON THE FALSE IN OR CREDIT W/ DRAWEE BANK FOR PAYMENT OF
PRETENSE – he was induced to part with his money or THE CHECK IN FULL UPON ITS PRESENTMENT
property because of the false pretense, fraudulent act, or 3) SUBSEQUENT DISHONOR of check by drawee bank
fraudulent means for insufficiency of funds, OR DISHONOR OF CHECK for
4) AS A RESULT thereof, OFFENDED PARTY SUFFERED same reason had not the drawer, without any valid cause,
DAMAGE ordered the bank to stop payment

Elements of ESTAFA BY INDUCING ANOTHER TO SIGN + Made MERE ACT OF ISSUING A BUM CHECK MALUM
ANY DOCUMENTS PROHIBITUM
1) Offender INDUCED OFFENDED PARTY TO SIGN A +GRAVAMEN of offense: ISSUANCE OF WORTHLESS
DOC CHECK
2) DECEIT employed to make him sign the document + PRESUMPTION that issuer knew at the time of issue that
3) OFFENDED PARTY PERSONALLY SIGNED THE DOC he didn’t have sufficient funds for payment of the check in
4) PREJUDICE CAUSED full upon its presentment under the ff conditions:
1) Presentment w/in 90 days from date of check
Elements of ESTAFA BY RESORTING TO SOME 2) Dishonor of the check and failure of the maker to make
FRAUDULENT PRACTICE TO INSURE SUCCESS IN arrangements for payment in full w/in 5 banking days after
GAMBLING notice thereof
1) Offender PARTICIPATES IN A GAMBLING GAME + ABSENCE OF NOTICE OF DISHONOR necessarily
2) RESORTS TO SOME FRAUDULENT PRACTICE TO deprives an accused the opportunity to preclude a criminal
INSURE SUCCESS at the gambling game prosecution
+ 2 ways of violating BP 22
Elements of ESTAFA BY REMOVING, CONCEALING, OR 1) Making or drawing and issuing a check to apply on
DESTROYING DOCUMENTS account or for value knowing at the time of issue that the
1) COURT RECORD, OFFICE FILES, DOCS, OR ANY check isn’t sufficiently funded
OTHER PAPERS 2) Having sufficient funds in or credit with drawee bank but
2) Offender REMOVED, CONCEALED OR DESTROYED failing to keep sufficient funds or to maintain credit to cover
ANY OF THEM full amount of the check when presented to drawee bank
3) OFFENDED HAD INTENT TO DEFRAUD ANOTHER w/in 90 days
+ 180 DAYS (6 MOS) – PAYEE’S FAILURE TO DEPOSIT
PD 115 – TRUST RECEIPTS LAW OR ENCASH CHECK within this period WILL MAKE
+ TRUST RECEIPT TRANSACTION: any transaction by CHECK STALE OR VALUELESS, hence NO CRIMINAL
and between entruster and entrustee, whereby the ACTION CAN ARISE THEREFROM
entruster who owns or holds absolute title or security + Violation of BP 22 in the nature of a CONTINUING
interest over certain specified goods, releases same to CRIME – VENUE IS DETERMINED BY THE PLACE
possession of entrustee upon latter’s execution and WHERE THE ELEMENTS of making, issuing, or drawing of
delivery to entruster of a ‘trust receipt’ the check and delivery thereof ARE COMMITTED

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CRIMINAL LAW 2 – FINALS YSRefran Page 15 of 22
+ DELIVERY OF INSTRUMENT is the final act essential to 3) By wrongfully taking by the owner of his personal
its consummation as an obligation property from its lawful possessor
+ ALL KINDS OF CHECKS ARE COVERED BY THE LAW a) Offender is the OWNER OF PERSONAL PROP
- Memorandum checks included b) SAID PERSONAL PROP is IN the LAWFUL
- Even checks of foreign currency as long as they’re POSSESSION OF ANOTHER
issued in the Philippines c) Offender WRONGFULLY TAKES IT FROM ITS
+ RPC SUPPLEMENTARY TO BP 22 LAWFUL POSSESSOR
+ KNOWLEDGE BY COMPLAINANT THAT DRAWER d) PREJUDICE is thereby CAUSED TO THE
DOESN’T HAVE SUFFICIENT FUNDS AT TIME CHECK POSSESSOR OR 3RD PERSON
WAS ISSUED DOESN’T GIVE RISE TO ESTAFA 4) By executing any fictitious contract to prejudice of
THROUGH BOUNCING CHECKS another
+ Even if there’s no deceit, mere dishonor of the check a) Offender EXECUTES A CONTRACT
already creates public disturbance and prejudice to the b) FICTITIOUS CONTRACT
banking system. Under BP 22, the act is a crime against c) PREJUDICE IS CAUSED
public interest 5) By accepting any compensation for services not
+ Where CHECK is DRAWN BY A CORPORATION, rendered or for labor not performed
PERSON/S WHO ACTUALLY SIGNED check in behalf of a) Offender ACCEPTS ANY COMPENSATION FOR
such drawer shall be LIABLE SERVICES OR LABOR
b) DIDN’T RENDER SERVICES OR PERFORM LABOR
BP 22 ESTAFA 6) By selling, mortgaging or encumbering real property or
LIABILITY INCURRED even Liability ONLY IF ISSUED properties with which the offender guaranteed the
though check was issued in CONCURRENTLY & fulfillment of his obligation as surety
payment of pre-existing RECIPROCALLY in a) Offender is a SURETY IN A BOND GIVEN IN A
obligation payment of exchange CRIMINAL OR CIVIL ACTION
consideration. Check b) He GUARANTEED THE FULFILLMENT OF SUCH
shouldn’t be for pre-existing OBLIGATION W/ HIS REAL PROP OR PROPERTIES
obligation c) He SELLS, MORTGAGES, OR IN ANY MANNER
DAMAGE OR DECEIT IS DAMAGE TO OFFENDED ENCUMBERS SAID REAL PROP
IMMATERIAL to criminal & DECEIT OF OFFENDER d) Such SALE, MORTGAGE OR ENCUMBRANCE W/O
liability ARE ESSENTIAL EXPRESS AUTHORITY FROM THE COURT, OR MADE
Crime against PUBLIC Crime against PROPERTY BEFORE CANCELLATION OF HIS BOND, OR BEFORE
INTEREST BEING RELIEVED FROM OBLIGATION HE
ONLY DRAWER is liable. BOTH drawer & indorser CONTRACTED
INDORSER NOT LIABLE may incur liability, if latter
was aware at time of + Mere selling w/o disclosing encumbrance wouldn’t result
indorsement of insufficiency to estafa – no law penalizing sale of encumbered property.
of funds It’s the DECEIT IN SELLING THE PROPERTY THAT
Drawer given 5 BANKING Drawer given 3 DAYS GIVES RISE TO CRIMINAL LIABILITY
DAYS FROM NOTICE OF AFTER NOTICE OF + No deceit if seller didn’t make any warranty in the deed of
DISHONOR to make good DISHONOR to make good sale that the property is free from encumbrance. The deed
cash value thereof to avoid the cash value to avoid must have a false statement of warranty to commit the
criminal liability liability offense
Malum PROHIBITUM Malum IN SE + Par. 3 holds owner of any personal property who shall
wrongfully take it from its lawful possessor to the prejudice
316. OTHER FORMS OF SWINDLING of the latter or any third person guilty of this crime
Punished acts & respective elements:
1) By conveying, selling, encumbering, or mortgaging any 317. SWINDLING A MINOR
real property, pretending to be the owner of the same Elements:
a) There’s an IMMOVABLE, such as a parcel of land or 1) Offender TAKES ADVANTAGE OF MINOR’S
a building INEXPERIENCE OR FEELINGS/EMOTIONS
b) OFFENDER WHO IS NOT THE OWNER 2) He INDUCES SUCH MINOR TO ASSUME an obligation
REPRESENTS HIMSELF AS THE OWNER thereof OR TO GIVE RELEASE OR TO EXECUTE A TRANSFER
c) Offender EXECUTES AN ACT OF OWNERSHIP OF ANY PROPERTY RIGHT
such as selling, leasing, encumbering, or mortgaging the 3) CONSIDERATION is some loan of money, credit or
real property other personal property
2) By disposing of real property as free from encumbrance, 4) TRANSACTION is TO THE DETRIMENT OF SUCH
although such encumbrance isn’t recorded MINOR
a) THING DISPOSED IS REAL PROPERTY
b) OFFENDER KNEW REAL PROP WAS 318. OTHER DECEITS
ENCUMBERED, WHETHER the encumbrance was Punished acts:
RECORDED OR NOT 1) DEFRAUDING OR DAMAGING ANOTHER BY ANY
c) EXPRESS REPRESENTATION BY OFFENDER OTHER DECEIT NOT MENTIONED in the preceding
THAT REAL PROP IS FREE FROM ENCUMBRANCE articles
d) ACT OF DISPOSING of the real property is MADE 2) INTERPRETING DREAMS, BY MAKING FORECASTS,
TO THE DAMAGE OF ANOTHER TELLING FORTUNES, OR BY TAKING ADVANTAGE OF

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CRIMINAL LAW 2 – FINALS YSRefran Page 16 of 22
THE CREDULITY OF THE PUBLIC IN ANY OTHER 3) ANY train or LOCOMOTIVE, ship or VESSEL, AIRSHIP
SIMILAR MANNER, FOR PROFIT OR GAIN or airplane, DEVOTED TO TRANSPORTATION OR
CONVEYANCE, OR FOR PUBLIC USE,
+ CATCH-ALL PROVISION ENTERTAINMENT OR LEISURE
4) ANY BUILDING, FACTORY, WAREHOUSE
PD 1689 – SYNDICATED ESTAFA INSTALLATION, & any APPURTENANCES THERETO,
Elements: which are DEVOTED TO the service of PUBLIC UTILITIES
1) Estafa or other forms of swindling as defined in RPC 315 5) ANY BUILDING the BURNING OF W/C IS FOR the
& 316 COMMITTED purpose of CONCEALING OR DESTROYING EVIDENCE
2) ESTAFA COMMITTED BY A SYNDICATE OF ANOTHER VIOLATION OF THE LAW, OR FOR the
3) DEFRAUDATION RESULTS IN MISAPPROPRIATION purpose of CONCEALING BANKRUPTCY OR
of money contributed by stockholders, or of funds solicited DEFRAUDING CREDITORS OR TO COLLECT FROM
by corporations from the general public INSURANCE
6) Any ARSENAL, SHIPYARD, STOREHOUSE, OR
+ SYNDICATE: consists of 5 OR MORE PERSONS MILITARY POWER OR FIREWORKS FACTORY,
FORMED W/ INTENTION OF CARRYING OUT THE ORDINANCE, STOREHOUSE, ARCHIVES, OR GEN.
UNLAWFUL OR ILLEGAL ACT MUSEUM OF THE GOV’T
7) INHABITED PLACE, ANY STOREHOUSE OR
319. REMOVAL, SALE OR PLEDGE OF MORTGAGED FACTORY OF INFLAMMABLE OR EXPLOSIVE
PROPERTY MATERIALS
Punished acts & respective elements:
1) Knowingly removing any personal property mortgaged + PURPOSE of the law: to effectively discourage and deter
under the Chattel Mortgage Law to any province or city the commission of the crime, to prevent the destruction of
other than the one in which it was located at the time of properties and protect the lives of innocent people
execution of the mortgage, w/o the written consent of the + Nature of destructive arson is distinguished from simple
mortgagee or his executors, administrators or assigns arson by the degree of perversity or viciousness of the
a) PERSONAL PROP IS MORTGAGED under the criminal offender
Chattel Mortgage Law + Simple arson under PD 1613 contemplates crimes with
b) OFFENDER KNOWS such property is mortgaged less significant social, economic, political and national
c) Offender REMOVES SUCH mortgaged personal security implications than destructive arson
property TO ANY PROVINCE OR CITY OTHER THAN
THE ONE IN W/C IT WAS LOCATED AT THE TIME OF 327. WHO ARE LIABLE FOR MALICIOUS MISCHIEF
the EXECUTION OF the MORTGAGE Elements:
d) REMOVAL is PERMANENT 1) OFFENDER DELIBERATELY CAUSED DAMAGE TO
e) NO WRITTEN CONSENT of mortgagee or his ANOTHER’S PROP
executors, administrators or assigns to such removal 2) SUCH act DOESN’T CONSTITUTE ARSON OR OTHER
2) Selling or pledging personal property already pledged, or CRIMES INVOLVING DESTRUCTION
any part thereof, under the terms of the Chattel Mortgage 3) ACT OF DAMAGING ANOTHER’S PROP was
Law, without the consent of the mortgagee written on the COMMITTED MERELY FOR THE SAKE OF DAMAGING
back of the mortgage and noted on the record thereof in IT
the office of the register of deeds of the property where
such property is located + MALICIOUS MISCHIEF: any means of causing damage
a) PERSONAL PROP IS ALREADY PLEDGED under to the property of another without the use of fire or
the terms of the Chattel Mortgage Law pyrotechnic (arson). There must be specific INTENT TO
b) Offender, who’s the MORTGAGOR of such property, DESTROY THE PROP OF ANOTHER
SELLS OR PLEDGES THE SAME OR ANY PART thereof + If the intent is to irritate a person, the crime is unjust
c) NO CONSENT OF MORTGAGEE written on the back vexation. Malicious mischief is against property while unjust
of the mortgage and noted on the record thereof in the vexation is against personal security.
office of the register of deeds + Malicious mischief is COMMITTED ONLY BY DOLO
because malice is an inherent element. The offender
+ Chattel mortgage – mortgage of personal property; can’t shouldn’t appropriate the property or portion thereof;
be mortgaged again, unless the contract says you can otherwise, the crime is theft.
+ Real property mortgage can be mortgaged several times
at once 328. SPECIAL CASES OF MALICIOUS MISCHIEF
Punished acts:
320. DESTRUCTIVE ARSON 1) CAUSING DAMAGE TO OBSTRUCT PERFORMANCE
Punished acts: Burning OF PUBLIC FUNCTIONS
1) 1 OR MORE BUILDINGS or edifices, CONSEQUENT 2) USING any POISONOUS OR CORROSIVE
TO A SINGLE ACT OF BURNING, OR AS A RESULT OF SUBSTANCE
SIMULTANEOUS BURNINGS, OR COMMITTED ON 3) SPREADING any INFECTION OR CONTAGION
SEVERAL OR DIFFERENT OCCASIONS AMONG CATTLE
2) ANY BUILDING DEVOTED TO THE PUBLIC IN 4) CAUSING DAMAGE TO the PROP OF THE NAT’L
GENERAL, regardless of whether offender had knowledge MUSEUM OR NAT’L LIBRARY, OR to ANY ARCHIVE OR
that there are persons in said building or edifice at the time REGISTRY, WATERWORKS, ROAD, PROMENADE, OR
it’s set on fire & regardless also of whether the building is ANY OTHER THING USED IN COMMON BY THE PUBLIC
actually inhabited or not

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CRIMINAL LAW 2 – FINALS YSRefran Page 17 of 22
+ No longer any malicious mischief involving large cattle – + Adultery COMMITTED IN A STATE OF ABANDONMENT
that’s now a violation of PD 533 is an EXTENUATING CIRCUMSTANCE

329. OTHER MISCHIEFS 334. CONCUBINAGE


+ Penalties for mischief not included in next preceding Elements:
article, based on value of damage caused 1) MARRIED MAN
2) EITHER
330. DAMAGE AND OBSTRUCTION TO MEANS OF a) KEEPING A MISTRESS IN THE CONJUGAL
COMMUNICATION DWELLING
+ Penalties imposed upon any person b) HAVING SEXUAL INTERCOURSE UNDER
- damage any railway, telegraph or telephone lines SCANDALOUS CIRCUMSTANCES W/ A WOMAN NOT
- damage results in any derailment of cars, collision HIS WIFE
or other accident, w/o prejudice to the criminal c) COHABITING WITH A WOMAN NOT HIS WIFE in
liability of the offender for the other consequences any other place
of his criminal act 3) WOMAN MUST KNOW THE MAN IS MARRIED

331. DESTROYING OR DAMAGING STATUES, PUBLIC + SEXUAL INTERCOURSE NOT AN INDISPENSABLE


MONUMENTS OR PAINTINGS ELEMENT of concubinage
+ Penalties imposed for destroying or damaging + Concubine is penalized only by destierro
- statues or any other useful or ornamental public + For either CONSENT OR PARDON TO BENEFIT THE
monument ACCUSED in adultery or concubinage, it MUST BE GIVEN
- any useful or ornamental painting of a public PRIOR TO THE FILING OF A CRIMINAL COMPLAINT
nature
336. ACTS OF LASCIVIOUSNESS
332. PERSONS EXEMPT FROM CRIMINAL LIABILITY Elements:
Crimes involved in exemption: 1) Offender COMMITS ANY ACT OF LASCIVIOUSNESS
1) THEFT OR LEWDNESS
2) ESTAFA 2) ACT of lasciviousness is COMMITTED AGAINST A
3) MALICIOUS MISCHIEF PERSON OF EITHER SEX
Persons exempted from criminal liability 3) DONE UNDER ANY OF THE FF. circumstances:
1) SPOUSE, ASCENDANTS AND DESCENDANTS, OR a) By USING FORCE OR INTIMIDATION
RELATIVES BY AFFINITY IN THE SAME LINE b) When OFFENDED PARTY IS DEPRIVED OF
2) WIDOWED SPOUSE with respect to the PROPERTY REASON or otherwise UNCONSCIOUS
W/C BELONGED TO THE DECEASED SPOUSE before c) By means of FRAUDULENT MACHINATION OR
the same passed into the possession of another GRAVE ABUSE OF AUTHORITY
3) BROTHERS & SISTERS AND BROTHERS-IN-LAW & d) OFFENDED PARTY is LESS THAN 12 YRS OF AGE
SISTERS-IN-LAW, if living together OR is DEMENTED

+ No exemption + Committed against a male or female and under


- Estafa is complexed with other crimes circumstances of rape. In 339 the acts of lasciviousness
- Destruction musn’t be by means of burning – are committed under circumstances of seduction and the
that’s arson, not malicious mischief victim must be a female
+ Compared to attempted rape: for both, there’s no
CRIMES AGAINST CHASTITY penetration. More importantly, IN ACTS OF
LASCIVIOUSNESS, there is LACK OF INTENT TO
333. WHO ARE GUILTY OF ADULTERY PENETRATE
Elements:
1) MARRIED WOMAN 337. QUALIFIED SEDUCTION
2) She HAS SEXUAL INTERCOURSE W/ A MAN NOT Punished acts & respective elements:
HER HUSBAND 1) Seduction of a VIRGIN 12<x<18 YRS OF AGE BY
3) MAN w/ whom she has sexual intercourse MUST KNOW CERTAIN PERSONS, such as a person in authority, priest,
SHE’S MARRIED or teacher
a) Offended party is a VIRGIN, which is PRESUMED IF
+ ONLY the OFFENDED SPOUSE CAN INITIATE THE SHE’S UNMARRIED AND OF GOOD REPUTATION
ACTION but BOTH OFFENDERS in adultery or b) She’s OVER 12 AND UNDER 18 years of age
concubinage MUST BE NAMED IN THE COMPLAINT c) OFFENDER HAS SEXUAL INTERCOURSE WITH
+ COMPLAINANT MUST BE A SPOUSE AT THE TIME OF HER
THE COMPLAINT. If at the time of the filing, complainant d) There’s ABUSE OF AUTHORITY, CONFIDENCE OR
has obtained a divorce abroad, although not recognized RELATIONSHIP ON THE PART OF THE OFFENDER
here, he has no standing to file the complaint 2) Seduction of a SISTER BY HER BROTHER, OR
+ AS MANY COUNTS OF ADULTERY AS THERE ARE DESCENDANT BY HER ASCENDANT, REGARDLESS OF
SEXUAL ACTS just like in rape. ADULTERY CAN ONLY HER AGE OR REPUTATION
BE ATTEMPTED OR CONSUMMATED because the a) Offended party NEED NOT BE A VIRGIN OR SHE
essence is CARNAL KNOWLEDGE MAY BE OVER 18 years of age
+ Even if the marriage is subsequently declared void, b) OFFENDER HAS SEXUAL INTERCOURSE WITH
adultery can still be committed. HER

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CRIMINAL LAW 2 – FINALS YSRefran Page 18 of 22
c) Offender is HER BROTHER OR ASCENDANT BY 342. FORCIBLE ABDUCTION
CONSANGUINITY, whether legitimate or illegitimate Elements:
1) PERSON ABDUCTED is ANY WOMAN, regardless of
+ No consent in rape. In seduction, THERE’S CONSENT her age, civil status, or reputation
BUT SUCH WAS SECURED THROUGH CAJOLERY OR 2) Abducted AGAINST HER WILL
DECEIT 3) Abduction is WITH LEWD DESIGNS

338. SIMPLE SEDUCTION + Acts of lasciviousness are overt acts manifesting lewd
Elements: designs
1) OFFENDED PARTY is OVER 12 AND UNDER 18 YRS + No lewd design = serious illegal detention
OLD + For FORCIBLE ABDUCTION WITH RAPE, 4TH
2) OF GOOD REPUTATION, SINGLE OR WIDOW ELEMENT = abducted woman is raped under any of the
3) OFFENDER HAD SEXUAL INTERCOURSE WITH HER circumstances in 335 (offender had carnal knowledge of a
4) It’s COMMITTED BY MEANS OF DECEIT woman & such is accomplished by using force or
intimidation)
+Deceit consisting of PROMISE OF MARRIAGE to a minor + Use of deadly weapon, being a qualifying circumstance,
SIMPLE SEDUCTION QUALIFIED SEDUCTION must be alleged in the information
Woman is SINGLE OR Woman is a VIRGIN + Only when the rape is consummated can the complex
WIDOW OF GOOD crime of forcible abduction with rape be committed.
REPUTATION + ONLY ONE of several rapes is complexed with forcible
May be committed by ANY Offender is a PERSON IN abduction. OTHER RAPES ARE CHARGED
PERSON PUBLIC AUTHORITY, SEPARATELY as one count each
priest, house servant … or
any person entrusted with 343. CONSENTED ABDUCTION
the education or custody of Elements:
the woman 1) Offended party is a VIRGIN
Victim OVER 12 BUT When the offender is the 2) OVER 12 AND UNDER 18 years of age
UNDER 18 years old brother or an ascendant, 3) Offender TAKES HER AWAY WITH HER CONSENT,
VIC’S AGE AND MORAL AFTER SOLICITATION OR CAJOLERY
REPUTATION IS NOT 4) TAKING AWAY is WITH LEWD DESIGNS
MATERIAL
+ GRAVAMEN of the offense – ALARM & DISTURBANCE
339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT TO THE PARENTS & FAMILY OF THE VIC AND THE
OF THE OFFENDED PARTY INFRINGEMENT OF THEIR RIGHTS
Elements: + Victim consent because of cajolery – short of deceit
1) OFFENDER COMMITS ACTS OF LASCIVIOUSNESS + There’s a taking away from the family – take out of
or lewdness family’s control
2) ACTS are COMMITTED UPON A WOMAN who’s a
VIRGIN OR SINGLE OR WIDOW OF GOOD 344. PROSECUTION OF THE CRIMES OF ADULTERY,
REPUTATION, UNDER 18 BUT OVER 12 years of age, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND
OR A SISTER OR DESCENDANT, regardless of her ACTS OF LASCIVIOUSNESS
reputation or age + ADULTERY & CONCUBINAGE must be prosecuted
3) OFFENDER ACCOMPLISHES the ACTS BY ABUSE UPON COMPLAINT SIGNED BY THE OFFENDED
OF AUTHORITY, CONFIDENCE, RELATIONSHIP, OR SPOUSE
DECEIT + SEDUCTION, ABDUCTION, OR ACTS OF
LASCIVIOUSNESS must be prosecuted UPON
+ Acts of lasciviousness in 339 are committed under COMPLAINT SIGNED BY
circumstances of seduction and the victim must be a - OFFENDED PARTY
female - Her PARENTS, GRANDPARENTS, OR
GUARDIANS, in the order they’re herein named
340. CORRUPTION OF MINORS
Elements: + Pardon by the offended party doesn’t extinguish criminal
1) Offender PROMOTES OR FACILITATES THE liability. To be effective, it must be given prior to the
PROSTITUTION OR CORRUPTION OF PERSONS institution of the criminal case
UNDER AGE
2) PURPOSE is TO SATISFY THE LUST OF ANOTHER 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
AGAINST CHASTITY
341. WHITE SLAVE TRADE 1) Persons guilty of RAPE, SEDUCTION, OR ABDUCTION
Punished acts: sentenced to
1) ENGAGING IN the business of PROSTITUTION - INDEMNIFY offended woman
2) PROFITING BY PROSTITUTION - ACKNOWLEDGE OFFSPRING, unless the law should
3) ENLISTING the SERVICES OF WOMEN FOR the prevent him from doing so
purpose of PROSTITUTION - SUPPORT THE OFFSPRING, in any case
2) ADULTERER & CONCUBINE may also be sentenced,
+ Check PAGE 6 FOR RA 7610 NOTES IN THE SAME PROCEEDING OR A SEPARATE CIVIL

2ND SEMESTER, AY 2008-2009


CRIMINAL LAW 2 – FINALS YSRefran Page 19 of 22
PROCEEDING, to INDEMNIFY FOR DAMAGES CAUSED
to the offended spouse + Necessity for a JUDICIAL DECLARATION OF
ABSOLUTE NULLITY OF MARRIAGE before contracting
+ Indemnification under 345(1) should be absolute and is another. Such requirement is also for the protection of the
never conditioned upon the financial capacity of the spouse who, believing that his marriage is illegal and void,
accused marries again.

346. LIABILITY OF ASCENDANTS, GUARDIANS, 350. ILLEGAL MARRIAGE


TEACHERS, OR OTHER PERSONS ENTRUSTED WITH Elements:
THE CUSTODY OF THE OFFENDED PARTY 1) Offender CONTRACTED MARRIAGE
1) The ascendants, guardians, curators, teachers & ANY 2) KNEW AT THE TIME THAT:
PERSON WHO, BY ABUSE OF AUTHORITY OR a) LEGAL REQ’TS WEREN’T COMPLIED WITH
CONFIDENTIAL RELATIONSHIPS, shall COOPERATE AS b) MARRIAGE was IN DISREGARD OF A LEGAL
ACCOMPLICES in the perpetration of the crimes embraced IMPEDIMENT
in Chapters Two, Three and Four of this Title (from acts of
lasciviousness to consented abduction), shall be BIGAMY ILLEGAL MARRIAGE
PUNISHED AS PRINCIPALS Subsequent marriage must Subsequent marriage is
2) Teachers or other PERSONS in any other capacity be perfectly VALID NULL OR ANNULLABLE
ENTRUSTED WITH THE EDUCATION AND GUIDANCE EXCEPT it’s BIGAMOUS EVEN IF THERE’S NO 1ST
OF YOUTH, shall also suffer penalty of TEMPORARY MARRIAGE
SPECIAL DISQUALIFICATION in its max period to LIMITED to offender’s COVERS ALL marriages
PERPETUAL SPECIAL DISQUALIFICATION CONTRACTING 2ND which are otherwise
3) ANY PERSON FALLING WITHIN THE TERMS OF THIS MARRIAGE BEFORE FMR voidable or null and void
ARTICLE, and any other person guilty of corruption of HAS BEEN LEGALLY EXCEPT BIGAMOUS
minors for the benefit of another, shall be punished by DISSOLVED or before MARRIAGES
special disqualification from filling the office of guardian absent spouse has been
declared presumptively
CRIMES AGAINST THE CIVIL STATUS OF PERSONS dead
+ STATE INTEREST: Preserve identity regulated under the
CC – birth, marriage, death
351. PREMATURE MARRIAGE
Persons liable:
347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
1) WIDOW who is MARRIED W/IN 301 DAYS FROM
CHILD FOR ANOTHER, AND CONCEALMENT OR
DATE OF HER HUSBAND’S DEATH, OR BEFORE
ABANDONMENT OF A LEGITIMATE CHILD
HAVING DELIVERED if she’s pregnant at the time of his
Punished acts:
death
1) SIMULATION OF BIRTHS
2) WOMAN WHO, her marriage having been annulled or
2) SUBSTITUTION OF ONE CHILD FOR ANOTHER
dissolved, MARRIED BEFORE HER DELIVERY OR
3) CONCEALING OR ABANDONING ANY LEGITIMATE
BEFORE the EXPIRATION OF 301-DAY PERIOD AFTER
CHILD WITH INTENT TO CAUSE SUCH CHILD TO LOSE
THE date of the LEGAL SEPARATION
ITS CIVIL STATUS
+ REASON FOR 351: prevent confusion as to child’s
+ Simulation of birth MUST BE MADE IN THE RECORD
paternity. If the woman isn’t pregnant when she married or
OF BIRTH; simulation in any other document is falsification
if her pregnancy is then manifest, there’s no confusion as
+ WOMAN WHO SIMULATES birth & the ONE WHO
to the child’s paternity.
FURNISHES THE CHILD are both liable as principals
+ Absent the reason for the law, the law doesn’t apply. If
+ Per RA 7610, the crime is committed by the PARENTS
the woman is barren, the same principle holds true
WHO AGREE TO THE ADOPTION of the child FOR A
CONSIDERATION; or the PHYSICIAN who MAKES IT
352. PERFORMANCE OF ILLEGAL MARRIAGE
APPEAR IN THE RECORD OF BIRTH that the supposed
CEREMONY
parents are the natural parents
Persons liable:
+ Object of the crime under 347 is the creation of false, or
+ PRIESTS OR MINISTERS of any religious denomination
the causing of the loss of, civil status
or sect, or civil authorities
348. USURPATION OF CIVIL STATUS
+ Persons who PRETEND TO BE PRIESTS will be LIABLE
+ Gives penalties should person usurp another’s civil status
FOR USURPATION OF OFFICIAL FUNCTION
for defrauding offended party or his heirs, or otherwise
CRIMES AGAINST HONOR
349. BIGAMY
Elements:
353. DEFINITION OF LIBEL
1) Offender HAS BEEN LEGALLY MARRIED
Elements:
2) MARRIAGE HAS NOT BEEN LEGALLY DISSOLVED
1) There must be an IMPUTATION of a crime, or of a vice
OR, in case his/her spouse is absent, ABSENT SPOUSE
or defect, real or imaginary, or any act, omission, condition,
COULD NOT YET BE PRESUMED DEAD
status, or circumstance
3) CONTRACTS 2ND OR SUBSEQUENT MARRIAGE
2) Imputation must be MADE PUBLICLY
4) 2ND OR SUBSEQUENT MARRIAGE HAS ALL
3) Must be MALICIOUS
ESSENTIAL REQUISITES for validity

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CRIMINAL LAW 2 – FINALS YSRefran Page 20 of 22
4) Imputation must TEND TO CAUSE the DISHONOR, + MALICE IN LAW: that which the law presumes to be
DISCREDIT OR CONTEMPT OF the PERSON DEFAMED present where the offender can’t establish justifiable
reasons or good motives for the imputation. Complainant
+ LIBEL: a public and malicious imputation of a crime even doesn’t have to prove its existence because it’s presumed
if true of a vice or defect, real or imaginary or any act or by law
omission, condition, status, or circumstance tending to + MALICE IN FACT: that which the complainant has to
cause dishonor, discredit, or contempt of a natural person, prove to exist. Offended must prove the existence of malice
juridical person, or blacken the memory of one who is dead to hold the offender criminally and civilly liable. This malice
+ To satisfy the element of IDENTIFIABILITY, it must be is RELEVANT IN QUALIFIED PRIVILEGED
shown that AT LEAST A 3RD PERSON OR A STRANGER COMMUNICATIONS.
WAS ABLE TO IDENTIFY HIM AS THE OBJECT OF THE
DEFAMATORY STATEMENT 355. LIBEL BY MEANS OF WRITINGS OR SIMILAR
+ ELEMENTS OF LIBEL MEANS
1) IMPUTATION Libel may be committed by means of:
2) PUBLICITY 1) Writing
3) MALICE 2) Printing
4) IDENTIFIABLE PERSON 3) Lithography
5) TENDS TO CAUSE DISCREDIT, etc. 4) Engraving
5) Radio
354. REQUIREMENT FOR PUBLICITY 6) Photograph
+ EVERY defamatory IMPUTATION IS PRESUMED to be 7) Painting
MALICIOUS, even if it be true, IF NO GOOD INTENTION & 8) Theatrical exhibition
JUSTIFIABLE MOTIVE FOR MAKING IT IS SHOWN. 9) Cinematographic exhibition
EXCEPTIONS: 10) Any similar means
- PRIVATE COMMUNICATION made by any
person to another in the performance of any legal, 356. THREATENING TO PUBLISH AND OFFER TO
moral, or social duty PREVENT SUCH PUBLICATION FOR A
- FAIR AND TRUE REPORT, made in good faith, COMPENSATION
without any comments/remarks, of any JUDICIAL, Punished acts:
LEGISLATIVE, OR OTHER OFFICIAL 1) THREATENING ANOTHER TO PUBLISH A LIBEL
PROCEEDINGS W/C AREN’T OF concerning him, or his parents, spouse, child, or other
CONFIDENTIAL NATURE, or of any statement, family members
report, or speech delivered in said proceedings, or 2) OFFERING TO PREVENT the PUBLICATION OF SUCH
of any other act performed by public officers in the libel for compensation or money consideration
exercise of their functions
357. PROHIBITED PUBLICATION OF ACTS REFERRED
+ There is PUBLICITY if the MATERIAL IS TO IN THE COURSE OF OFFICIAL PROCEEDINGS
COMMUNICATED TO A 3RD PERSON. It’s not required Elements:
that the person defamed has read or heard about the 1) Offender is a REPORTER, EDITOR, OR MANAGER of a
libelous remark. What is material is that a third person has NEWSPAPER, daily or magazine
read or heard the libelous statement 2) He PUBLISHES FACTS CONNECTED W/ THE
+ Imputation is legally malicious if done without any reason PRIVATE LIFE OF ANOTHER
that would justify a normally conscientious man in so 3) SUCH facts are OFFENSIVE TO THE HONOR, VIRTUE
making the imputation. AND REPUTATION OF SAID PERSON
+ DOCTRINE OF FAIR COMMENT: While in general every
discernible imputation publicly made is deemed false, when 358. SLANDER
the imputation is directed against a PUBLIC PERSON IN Kinds of oral defamation:
HIS PUBLIC CAPACITY, it’s not necessarily actionable. 1) SIMPLE slander
+ If the comment is an expression of an opinion, based on 2) GRAVE slander, when it is of a serious and insulting
established facts, then it’s immaterial that the opinion nature
happens to be mistaken, as long as it might be reasonably
inferred from the facts. + Source of the statement is known. If the intrigue is in
writing:
+ KINDS OF PRIVILEGE - FALSIFICATION, if not under oath (false narration
1) ABSOLUTE: law doesn’t allow malice as a factor. NOT of facts)
ACTIONABLE - PERJURY, if under oath
- Statements by lawyers in pleadings which are relevant to + CONSIDER GRAVITY on basis of EXPRESSIONS
the case USED & ATTENDANT CIRCUMSTANCES
- Statements in judicial, legislative, or other official + As your status goes up, the more respect you’re entitled
proceedings to and the bigger the amount of damages you can claim
- Acts of State
2) QUALIFIED: not actionable unless author was in bad 359. SLANDER BY DEED
faith – ACTIONABLE IF MALICE IN FACT IS SHOWN Elements:
+ UNNECESSARY PUBLICATION DESTROYS THE 1) Offender PERFORMS ANY ACT NOT INCLUDED IN
PRIVILEGE ANY OTHER CRIME AGAINST HONOR

2ND SEMESTER, AY 2008-2009


CRIMINAL LAW 2 – FINALS YSRefran Page 21 of 22
2) SUCH act is PERFORMED IN the PRESENCE OF Elements:
OTHER PERSON/S 1) OFFENDER PERFORMS an act
3) SUCH act CASTS DISHONOR, DISCREDIT OR 2) BY SUCH an act, HE INCRIMINATES OR IMPUTES TO
CONTEMPT UPON THE OFFENDED PARTY AN INNOCENT PERSON THE COMMISSION OF A
CRIME
+ Differentiated from: 3) SUCH act DOESN’T CONSTITUTE PERJURY
- Acts of lasciviousness: LEWD DESIGN
- Unjust vexation: ANNOYANCE + Limited to PLANTING EVIDENCE
- SLANDER BY DEED: PUBLICITY THAT LEADS TO + This act is resorted to by officers to enable them to arrest
SHAME the subject, in which case the arrest is unlawful. The crime
is unlawful arrest through incriminating innocent persons
360. PERSONS RESPONSIBLE + Example: Taking one’s wallet and putting it into another’s
Persons responsible for libel: pocket imputing that the latter committed theft
1) ANY PERSON who shall PUBLISH, EXHIBIT, OR
CAUSE THE PUBLICATION OR EXHIBITION of any 364. INTRIGUING AGAINST HONOR
defamation in writing or by similar means Elements:
2) The AUTHOR OR EDITOR of a BOOK OR PAMPHLET 1) Offender DISSEMINATES ANY INTRIGUE
3) The EDITOR OR BUSINESS MANAGER of a DAILY 2) Its principal PURPOSE is TO BLEMISH the HONOR OR
NEWSPAPER, MAGAZINE, OR SERIAL PUBLICATION REPUTATION OF A PERSON

361. PROOF OF THE TRUTH + Any intrigue which has for its principal purpose to blemish
Proof of the truth is admissible in any of the ff.: the honor or reputation of a person. The author is unknown
1) When the ACT OR OMISSION IMPUTED and the offender utters only what he heard others say
CONSTITUTES A CRIME regardless of whether the + Must prove existence of a scheme
offended party is a private individual or a public officer
2) When the OFFENDED PARTY IS A GOV’T EMPLOYEE, RA 4200 – ANTI-WIRETAPPING LAW
even if the ACT OR OMISSION doesn’t constitute a crime, + Penalizes acts of SECRETLY OVERHEARING,
provided, it’s RELATED TO THE DISCHARGE OF HIS INTERCEPTING OR RECORDING PRIVATE
OFFICIAL DUTIES COMMUNICATIONS by means of devices enumerated
therein. Mere allegation that an individual made a secret
+ GEN. RULE: Evidence proving the imputation is recording of a private communication by means of a tape
objectionable because such is inadmissible. 361 provides recorder would suffice to constitute an offense
the exceptions + ANY RECORDING is INADMISSIBLE unless it’s W/
+ The question is whether from the fact that the statements CONSENT OF BOTH PARTIES OR THROUGH COURT
were defamatory, malice can be presumed so that it was ORDER
incumbent upon petitioner to overcome such presumption + Makes it ILLEGAL FOR ANY PERSON, NOT
+ RULE OF ACTUAL MALICE: Even if the defamatory AUTHORIZED BY ALL THE PARTIES to any private
statement is false, no liability can attach if it relates to communication to secretly record such communication…
official conduct, unless the public official concerned proves The law makes NO DISTINCTION AS TO WHETHER the
that the statement was made with actual malice – that is, PARTY SOUGHT TO BE PENALIZED BE A PARTY
with knowledge that it was false or with reckless disregard OTHER THAN or different from THOSE INVOLVED IN
of whether it was false or not PRIVATE COMMUNICATION
+ There must be EITHER a PHYSICAL INTERRUPTION
+ When person is a PUBLIC FIGURE, anything that is in through a WIRETAP or the DELIBERATE INSTALLATION
connection with why he’s in the spotlight is fair game. of a device or arrangement for that purpose. Interception by
Imputation regarding something purely private is actionable an extension phone not considered under “any other device
+ For PUBLIC OFFICIALS, it’s not actionable if it’s in or arrangement”
connection with what they do in office – performance of + Framers of the law more concerned with penalizing the
duty or fitness to hold public office act of recording than the act of merely listening to a
telephone conversation
+ ONLY THE OFFENDED PARTY CAN FILE
+ Rules on VENUE CRIMINAL NEGLIGENCE
1) PRIVATE individual
- WHERE HE RESIDES at the time the offense was 365. IMPRUDENCE AND NEGLIGENCE
committed Punished acts:
- PLACE OF FIRST PUBLICATION 1) Committing through RECKLESS IMPRUDENCE ANY
2) PUBLIC OFFICIAL ACT WHICH, had it been intentional, WOULD
- Where he HOLDS OFFICE CONSTITUTE A GRAVE OR LESS GRAVE FELONY OR
- PLACE OF FIRST PUBLICATION LIGHT FELONY
2) Committing through SIMPLE IMPRUDENCE OR
362. LIBELOUS REMARKS NEGLIGENCE AN ACT WHICH WOULD otherwise
+ Libelous remarks or comments CONNECTED ON CONSTITUTE A GRAVE OR LESS SERIOUS FELONY
MATTERS PRIVILEGED, IF MADE WITH MALICE IN 3) CAUSING DAMAGE TO the PROPERTY OF ANOTHER
FACT, DON’T EXEMPT the author or editor. THROUGH RECKLESS IMPRUDENCE OR SIMPLE
IMPRUDENCE OR NEGLIGENCE
363. INCRIMINATING INNOCENT PERSONS

2ND SEMESTER, AY 2008-2009


CRIMINAL LAW 2 – FINALS YSRefran Page 22 of 22
4) CAUSING THROUGH SIMPLE IMPRUDENCE OR at least on a prima facie basis the guilt of the accused
NEGLIGENCE SOME WRONG WHICH, if done (normally prosecution must prove what accused failed to
maliciously, WOULD’VE CONSTITUTED A LIGHT do)
FELONY
+ EMERGENCY RULE: Person is in a place of danger, and
+ NEGLIGENCE: Lack of FORESIGHT – you SHOULD’VE is required to act without time to consider the best means
KNOWN that may be adopted to avoid the impending danger, is not
+ IMPRUDENCE: Lack of SKILL – you SHOULD’VE BEEN guilty of negligence if he fails to adopt what may appear to
MORE CAREFUL have been a better method, unless the emergency is
+ ACCIDENT IS EXEMPTING: no intent and no negligence brought about by his own negligence
or imprudence
+ RES IPSA LOQUITUR is generally restricted to situations
Elements of RECKLESS IMPRUDENCE in malpractice cases where a layman in able to say, as a
1) Offender DOES OR FAILS TO DO AN ACT matter of common knowledge and observation, that the
2) DOING OR FAILURE TO DO THAT ACT is consequences of professional care weren’t as such as
VOLUNTARY would ordinarily have been followed if due care had been
3) WITHOUT MALICE exercised
4) RESULTING IN MATERIAL DAMAGE Requisites for application of res ipsa loquitur:
5) There’s INEXCUSABLE LACK OF PRECAUTION ON 1) Accident was OF THE KIND W/C DOESN’T
OFFENDER’S PART CONSIDERING: ORDINARILY OCCUR UNLESS SOMEONE IS
a) His EMPLOYMENT OR OCCUPATION NEGLIGENT
b) DEGREE OF INTELLIGENCE & PHYSICAL 2) INSTRUMENTALITY or agency W/C CAUSED the
CONDITION INJURY was UNDER THE EXCLUSIVE CONTROL OF
c) OTHER CIRCUMSTANCES regarding persons, time THE PERSON IN CHARGE
and place 3) INJURY SUFFERED must NOT have been DUE TO
ANY VOLUNTARY ACTION OR CONTRIBUTION OF the
+ In reckless imprudence, the impending damage is PERSON INJURED
immediate and the danger manifest; otherwise it’s simple + Generally, expert medical testimony is relied upon in
imprudence malpractice suits to prove a doctor has done a negligent
+ Malice is the antithesis of reckless imprudence. Once act or deviated from standard medical procedure. When the
malice is proven, recklessness disappears doctrine of RES IPSA LOQUITUR is availed by the plaintiff,
+ DEGREE OF CARELESSNESS OR LACK OF the need for expert testimony is dispensed with because
FORESIGHT results in distinction as to penalty the injury itself provides proof of negligence. When the
doctrine is appropriate, all that the patient must do is
Elements of SIMPLE IMPRUDENCE PROVE A NEXUS BETWEEN THE PARTICULAR ACT or
1) There’s LACK OF PRECAUTION ON the PART OF the omission COMPLAINED OF AND THE INJURY
OFFENDER SUSTAINED while under the custody and management of
2) DAMAGE IMPENDING TO BE CAUSED ISN’T the defendant.
IMMEDIATE OR the DANGER ISN’T CLEARLY
MANIFEST

+ SIMPLE NEGLIGENCE: mere lack of prevision in a


situation where either the threatened harm is not immediate
or the danger not openly visible

+ MEDICAL MALPRACTICE: a particular form of


negligence which consists in the failure of a physician or
surgeon to apply to his practice of medicine that degree of
care and skill which is ordinarily employed by the
profession generally, under similar conditions, and in like
surrounding circumstances
Elements:
1) DUTY
2) BREACH
3) INJURY
4) PROXIMATE CAUSE
+ Patient must prove the doctor either failed to do
something which a reasonably prudent doctor would’ve
done, or that s/he did something that a reasonably prudent
doctor wouldn’t have done, and that the failure or action
caused injury to the patient

+ NEGATIVE INGREDIENT TEST: present best evidence


procurable under the circumstances to shift burden of
disproving or creating the proof of the negative ingredient
to the accused, provided such initial evidence establishes

2ND SEMESTER, AY 2008-2009

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